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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1488H.P. 943 House of Representatives, April 5, 2023
An Act to Expand Testing for Perfluoroalkyl and Polyfluoroalkyl
Substances to Private Drinking Water Wells
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono. Page 1 - 131LR1229(01)
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2 is enacted to read:
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4 polyfluoroalkyl substances" has the same meaning as in Title 32, section 1732, subsection
5 5-A.
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8 The department shall develop a uniform recommendation for the testing for specific
9 contaminants or properties for which residential private drinking water wells should
10 periodically be tested. The uniform recommendation must specify contaminants or
11 properties that should be included in the periodic testing, including but not limited to
12 arsenic, bacteria, nitrates, nitrites, chloride, hardness, copper, iron, pH, sodium, lead,
13 uranium, manganese, fluoride, perfluoroalkyl and polyfluoroalkyl substances and radon,
14 unless the department determines that testing for a contaminant or property listed in this
15 section is not necessary based on previous test results or credible scientific evidence. The
16 department or an entity that provides testing of or provides education or advertisements
17 related to testing of a residential private drinking water well shall include the uniform
18 recommendation developed by the department pursuant to this section in its written
19 materials related to testing of a residential private drinking water well.
20 as enacted by PL 2021, c. 483, Pt. BB, §7, is amended
21 to read:
22 well water testing
23 Beginning January 1, 2022 and every 5 years thereafter, a landlord of a residential
24 building shall test the water for arsenic and other contaminants or properties specified
25 pursuant to section 2660-T in each private drinking water well used to provide water to a
26 tenant of the landlord. The landlord shall conduct testing under this section through a
27 laboratory certified or accredited pursuant to section 567 and shall, within 10 days of
28 notification of the results, provide to each of the landlord's tenants the results of any test
29 conducted under this section of the private drinking water well used to provide water to the
30 tenant. The landlord shall, within 10 days of notification of the results, notify any new
31 tenant of the most recent results of a test conducted under this section on a private drinking
32 water well that will be used to provide water to the tenant.
33 as enacted by PL 1999, c. 476, §1, is amended
34 to read:
35 E. Whether the seller has experienced a problem such as an unsatisfactory water test
36 or , a water test with notations or a water test that detects perfluoroalkyl and
37 polyfluoroalkyl substances as defined in Title 32, section 1732, subsection 5-A;
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39 No later than January 1, 2024, a landlord of a residential building with a
40 water supply provided by a private drinking water well shall test the well water for
41 perfluoroalkyl and polyfluoroalkyl substances. The landlord shall conduct testing under
42 this section through a laboratory certified or accredited pursuant to the Maine Revised Page 2 - 131LR1229(01)
43 Statutes, Title 22, section 567 using the most recent analytical methods approved by the
44 United States Environmental Protection Agency that quantifies the maximum amount of
45 perfluoroalkyl and polyfluoroalkyl substances detected by the test. For purposes of this
46 section, "perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as in Title
47 32, section 1732, subsection 5-A.
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7 This bill requires testing of well water for perfluoroalkyl and polyfluoroalkyl
8 substances by a landlord of a residential building supplied by a private drinking water well.
9 Under the bill, for residential property that uses a private water supply, the seller of that
10 property is required to disclose a water test that indicates the presence of perfluoroalkyl
11 and polyfluoroalkyl substances. The bill also adds perfluoroalkyl and polyfluoroalkyl
12 substances to the list of contaminants in the Department of Health and Human Services
13 uniform testing recommendations for private drinking water wells.
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