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131st MAINE LEGISLATURE
FIRST SPECIAL SESSION-2023
Legislative Document No. 1537S.P. 610 In Senate, April 5, 2023
An Act to Amend the Laws Relating to the Prevention of
Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to
Provide Additional Funding
Reference to the Committee on Environment and Natural Resources suggested and ordered
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Cosponsored by Representative GRAMLICH of Old Orchard Beach and
Senators: BENNETT of Oxford, BRENNER of Cumberland, Representatives: MEYER of
Eliot, PLUECKER of Warren, SAYRE of Kennebunk. Page 1 - 131LR1431(01)
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2 as enacted by PL 2021, c. 477, §1 and
3 reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
4 A. Beginning January October 1, 2023, a manufacturer of a product for sale in the
5 State that contains intentionally added PFAS shall submit to the department a written
6 notification that includes:
7 (1) A brief description of the product, including estimated annual sales volume in
8 the State or nationally;
9 (2) The purpose for which PFAS are used in the product, including in any product
10 components;
11 (3) The amount of each of the PFAS, identified by its chemical abstracts service
12 registry number or in the absence of this number a description approved by the
13 department, in the product, reported as an exact quantity, or as the amount of total
14 organic fluorine if the amount of each PFAS compound is not known, determined
15 using commercially available analytical methods or based on information provided
16 by a supplier as falling within a range approved for reporting purposes by the
17 department;
18 (4) The name and address of the manufacturer, and the name, address and phone
19 number of a contact person for the manufacturer; and
20 (5) Any additional information established by the department by rule as necessary
21 to implement the requirements of this section.
22 as enacted by PL 2021, c. 477, §1 and reallocated
23 by RR 2021, c. 1, Pt. A, §54, is amended to read:
24 The following are exempt from this section:
25 A. A product for which federal law governs the presence of PFAS in the product in a
26 manner that preempts state authority; and
27 B. A product subject to that is a package as defined in Title 32, chapter 26‑A or 26‑B.
28 section 1732, subsection 4; and
29 C. A manufacturer with less than $20,000,000 in national annual sales of products,
30 except that this exemption does not apply to any prohibitions under subsection 5.
31 as enacted by PL 2021, c. 477, §1 and
32 reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
33 C. The department may by rule identify products by category or use that may not be
34 sold, offered for sale or distributed for sale in this State if they contain intentionally
35 added PFAS. Not later than January 1, 2025 and every year thereafter until December
36 31, 2029, the department shall adopt a rule identifying at least one product category or
37 use that may not be sold, offered for sale or distributed in this State if it contains
38 intentionally added PFAS. The department shall prioritize the prohibition of the sale of
39 product categories that, in the department's judgment, are most likely to cause
40 contamination of the State's land or water resources if they contain intentionally added
41 PFAS. Products in which the use of PFAS is a currently unavoidable use as determined Page 2 - 131LR1431(01)
42 by the department may be exempted by the department by rule except that, prior to
43 January 1, 2028, such a determination may not be made unless the department has
44 adopted rules that identify a relevant related product category or use for sales
45 prohibitions as authorized by this paragraph. The department may not prohibit the sale
46 or resale of used products.
6 Rules adopted pursuant to this paragraph are major substantive rules as defined in Title
7 5, chapter 375, subchapter 2‑A.
8 The following appropriations and
9 allocations are made.
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12 Initiative: Provides allocations for one Toxicologist position and associated costs.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 1.000 1.000Personal Services $105,063 $110,595All Other $4,750 $4,750
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$109,813 $115,345
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20 Initiative: Provides allocations for expenditures related to implementation of the Maine
21 Revised Statutes, Title 38, section 1614.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25All Other $269,606 $269,606
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$269,606 $269,606
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27 Initiative: Provides allocations for one Environmental Specialist IV position and associated
28 costs.
OTHER SPECIAL REVENUE FUNDS
2023-24 2024-25POSITIONS - LEGISLATIVE COUNT 1.000 1.000Personal Services $110,034 $116,096All Other $4,750 $4,750
____________________
OTHER SPECIAL REVENUE FUNDS TOTAL
$114,784 $120,846
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ENVIRONMENTAL PROTECTION,
DEPARTMENT OF
DEPARTMENT TOTALS
2023-24 2024-25
OTHER SPECIAL REVENUE FUNDS $494,203 $505,797
____________________
DEPARTMENT TOTAL - ALL FUNDS
$494,203 $505,797
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2 Statutes, Title 38, section 1614, subsection 2, paragraph A applies retroactively to January
3 1, 2023.
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5 This bill extends the deadline for reporting the use of perfluoroalkyl and
6 polyfluoroalkyl substances, or PFAS, in products for sale until October 1, 2023. The bill
7 authorizes reporting the amount of total organic fluorine if the amount of each PFAS
8 compound is not known and allows the amount of PFAS to be reported based on
9 information provided by a supplier rather than testing. The bill clarifies the packaging
10 exemption and exempts manufacturers with less than $20,000,000 in annual national sales
11 from the PFAS reporting requirements but not from any sales prohibitions. It requires the
12 Department of Environmental Protection, not later than January 1, 2025 and every year
13 thereafter until December 31, 2029, to adopt a rule identifying at least one product category
14 or use that may not be sold, offered for sale or distributed in this State if it contains
15 intentionally added PFAS. It prohibits the department prior to January 1, 2028 from
16 providing an exemption for products in which the use of PFAS is a currently unavoidable
17 use unless the department has adopted rules that identify a relevant related product category
18 or use for a sales prohibition. The bill includes an appropriations and allocations section to
19 provide funding for 2 positions and expenditures related to the implementation of the laws
20 governing products containing perfluoroalkyl and polyfluoroalkyl substances.
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