Bill Summary – FastDemocracy

APPROVED               CHAPTER
                                                                   JUNE 21, 2021               82
                                                                BY GOVERNOR               RESOLVES
                                  STATE OF MAINE
                                          _____
                          IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                          _____
                                   S.P. 64 - L.D. 129
  Resolve, To Protect Consumers of Public Drinking Water by Establishing
  Maximum Contaminant Levels for Certain Substances and Contaminants
    Mandate preamble. This measure requires one or more local units of government
to expand or modify activities so as to necessitate additional expenditures from local
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to each
House have determined it necessary to enact this measure.
   Emergency preamble. Whereas, acts and resolves of the Legislature do not
become effective until 90 days after adjournment unless enacted as emergencies; and
    Whereas, perfluoroalkyl and polyfluoroalkyl substances are being identified at
alarming levels in well water across the State; and
    Whereas, perfluoroalkyl and polyfluoroalkyl substances are increasingly associated
with significant health concerns that have major consequences for the residents of this
State; and
    Whereas, there is currently no enforceable standard to require water systems to test
and treat for perfluoroalkyl and polyfluoroalkyl substances; and
    Whereas, in the judgment of the Legislature, these facts create an emergency within
the meaning of the Constitution of Maine and require the following legislation as
immediately necessary for the preservation of the public peace, health and safety; now,
therefore, be it
    Sec. 1. Definitions. Resolved: That, as used in this resolve, the following terms
have the following meanings.
     1. Community water system. "Community water system" has the same meaning as
in the Maine Revised Statutes, Title 22, section 2660-B, subsection 2.
    2. Department. "Department" means the Department of Health and Human Services.
    3. Nontransient, noncommunity water system. "Nontransient, noncommunity water
system" means a nontransient, noncommunity water system described in the Maine
Revised Statutes, Title 22, section 2660-B, subsection 5, paragraph A that is a school or
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child care facility regulated as a nontransient, noncommunity water system under the
federal Safe Drinking Water Act.
    4.    Perfluoroalkyl and polyfluoroalkyl substances.           "Perfluoroalkyl and
polyfluoroalkyl substances" or "PFAS" means a perfluoroalkyl substance or
polyfluoroalkyl substance that is detectable in drinking water using standard analytical
methods established by the United States Environmental Protection Agency, including
regulated PFAS contaminants.
    5. Regulated PFAS contaminants. "Regulated PFAS contaminants" means
perfluorooctanoic acid, perfluorooctane sulfonic acid, perfluorohexane sulfonic acid,
perfluorononanoic acid, perfluoroheptanoic acid and perfluorodecanoic acid.
   Sec. 2. Interim drinking water standard and testing requirements for
perfluoroalkyl and polyfluoroalkyl substances. Resolved: That community water
systems and nontransient, noncommunity water systems shall comply with the provisions
of this section.
    1. Initial monitoring. On or before December 31, 2022, all community water systems
and nontransient, noncommunity water systems shall conduct monitoring for the level of
PFAS detectable using standard laboratory methods established by the United States
Environmental Protection Agency in effect at the time of sampling. Monitoring under this
subsection must be conducted for all regulated PFAS contaminants and additional PFAS
included in the list of analytes in the standard laboratory methods established by the United
States Environmental Protection Agency in effect at the time of sampling.
     2. Subsequent monitoring. After completion of initial monitoring under subsection
1, a community water system or a nontransient, noncommunity water system shall conduct
continued monitoring for the presence of regulated PFAS contaminants in drinking water
supplied by the water system as follows until the adoption of rules required under section
3.
    A. If initial monitoring under subsection 1 detects the presence of any regulated PFAS
    contaminants individually or in combination at or above 20 nanograms per liter, the
    community water system or nontransient, noncommunity water system shall conduct
    continued quarterly monitoring until regulated PFAS contaminants are mitigated as
    described in subsection 4.
    B. If initial monitoring under subsection 1 detects the presence of any regulated PFAS
    contaminants at or above each analyte's lowest concentration minimum reporting level
    as specified in the standard laboratory methods established by the United States
    Environmental Protection Agency in effect at the time of sampling and the level is
    below 20 nanograms per liter, either individually or in combination with other detected
    regulated PFAS contaminants, the community water system or nontransient,
    noncommunity water system shall conduct continued monitoring annually.
    3. Reporting. Monitoring results must be reported to the department in accordance
with 10-144 C.M.R. Chapter 231, Section 6.
    4. Treatment; notice. If monitoring results under subsection 1 or 2 confirm the
presence of any regulated PFAS contaminants individually or in combination in excess of
20 nanograms per liter, the department shall:
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    A. Direct the community water system or nontransient, noncommunity water system
    to implement treatment or other remedies to reduce the combined levels of regulated
    PFAS contaminants in the drinking water of the water system below 20 nanograms per
    liter; and
    B. Direct the community water system or nontransient, noncommunity water system
    to issue a notice to all users of the water system to inform them of the detected PFAS
    concentration and potential risk to public health until the treatment under paragraph A
    is completed.
    5. Enforcement. The department may enforce the requirements of this section under
the Maine Revised Statutes, Title 22, chapter 601, subchapter 2. A person may appeal the
acts or decisions of the department under this section in accordance with Title 22, chapter
601, subchapter 2-A.
   Sec. 3. Maximum contaminant level for perfluoroalkyl and polyfluoroalkyl
substances. Resolved: That the department shall adopt a maximum contaminant level
for perfluoroalkyl and polyfluoroalkyl substances in accordance with this section. Rules
adopted pursuant to this section are routine technical rules as defined in the Maine Revised
Statutes, Title 5, chapter 375, subchapter 2-A.
    1. Advance notice of proposed rulemaking. On or before August 1, 2023, the
department shall initiate a public notice and comment process for potential rulemaking by
publishing an advance notice of proposed rulemaking regarding the department's regulation
of regulated PFAS contaminants.
    2. Proposed rule. On or before December 31, 2023, the department shall file a
proposed rule with the Secretary of State establishing a maximum contaminant level for
regulated PFAS contaminants and monitoring requirements for community water systems
and nontransient, noncommunity water systems.
    3. Final rule. On or before June 1, 2024, the department shall file a final rule with the
Secretary of State regarding the regulation of regulated PFAS contaminants. The
department may adopt federal regulatory requirements established by the United States
Environmental Protection Agency, including maximum contaminant levels for regulated
PFAS contaminants, if the new federal requirements are the same as or more restrictive
than the interim drinking water standards described in section 2. The department shall
submit a report to the joint standing committee of the Legislature having jurisdiction over
health and human services matters upon adoption of the final rule that includes information
about the final rule, including but not limited to the maximum contaminant levels adopted.
The joint standing committee of the Legislature having jurisdiction over health and human
services matters may report out legislation relating to the report.
   Sec. 4.    Repeal of interim drinking water standard and testing
requirements. Resolved: That the interim drinking water monitoring requirements for
PFAS and regulated PFAS contaminants under section 2 are repealed on the effective date
of the rules required under section 3.
   Sec. 5. Report by the Department of Health and Human Services.
Resolved: That, beginning January 1, 2022 and annually thereafter until the rules pursuant
to section 3, subsection 3 are finally adopted, the Department of Health and Human
Services shall report to the joint standing committee of the Legislature having jurisdiction
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over health and human services matters on the number of water systems tested, what levels
of perfluoroalkyl and polyfluoroalkyl substances were indicated upon testing and the status
of the rule-making process under this resolve. The joint standing committee of the
Legislature having jurisdiction over health and human services matters may report out
legislation relating to each report.
    Emergency clause. In view of the emergency cited in the preamble, this legislation
takes effect when approved.
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