An Act to Protect Public Health by Reducing Human Exposure to Arsenic LR 1495(03)
Maine Legislature, Session 121, LD 1309
Committee Amendment CA_B_H491 (House)
Amends: 33 MRSA §173-A

COMMITTEE AMENDMENT " B" to H. P. 963, L. D. 1309, Bill, "An 
Act 
To 
Protect Public Health by 
Reducing 
Human 
Exposure 
to 
Arsenic" 
Amend the bill by striking everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec. 1. 33 MRSA §173-A is enacted to read: 
SIn-A. 
Information provided 
Beginning January 1, 2004, unless the transaction is exempt 
under section 172. the seller of residential real property shall 
provide to the purchaser information developed by the Director of 
the Bureau of Health within the Department of Human Services 
regarding what homeowners should know about arsenic in private 
water supplies and arsenic in treated wood. 
Copies of this 
information must be provided to sellers at cost. 
Sec. 2. 38 MRS A c.16-C is enacted to read: 
CBAP'.rER 16-C 
ARSENIC-TREATED WOOD PRODUCTS 
§1681. 
Definitions 
As 
used 
in this 
chapter. 
unless 
the 
context 
otherwise 
indicates. "arsenic-treated wood" means 
lumber. 
timber. piles. 
poles. posts. plywood. shakes. shingles or other wood or forest 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~ to H.P. 963, L.D. 1309 
products intended for outdoor use that have been pressure treated 
to reduce decay with a 
wood preservative containing inorganic 
arsenic 
or 
inorganic 
arsenic 
compounds, 
including, 
but 
not 
limited to, chromated copper arsenate, commonly referred to as 
"CCA," or similar arsenic-based wood-preserving chemical mixtures. 
§1682. 
Restriction on sale 
The 
following 
restrictions 
apply 
to 
the 
sale 
of 
arsenic-treated wood or wood products for residential uses for 
which a cancellation order has been issued by the United States 
Environmental 
Protection Agency 
as 
published in the 
Federal 
Register on April 9, 2003. 
1. 
Notice by retail establishments. 
Retail establishments 
that sell arsenic-treated wood subject to this section shall post 
signs and label products as specified in the enhanced consumer 
awareness program developed in cooperation with the United States 
Environmental Protection Agency. 
2. 
Sale of arsenic-treated wood. 
After December 31, 2003, 
arsenic-treated 
lumber 
may 
not 
be 
manufactured 
for 
uses 
prohibited by the United States Environmental Protection Agency. 
After April L 
2004, retailers must be in full compliance with 
the cancellation order issued by the United States Environmental 
Protection Agency published in the Federal Register on April 9, 
2.Q.Qh 
§1683. 
Statute not admissible in evidence 
This chapter may not be admitted in evidence or offered as 
an exhibit for any purpose in any civil trial against any Maine 
manufacturer, distributor, wholesaler, retailer or installer of 
arsenic-treated wood. 
This section does not apply in cases of 
enforcement actions brought by the State. 
Sec. 3. Disposal plan. 
By January 1, 2005, the Department of 
Environmental 
Protection shall 
submit to 
the 
joint standing 
committee of the Legislature having jurisdiction over natural 
resources 
matters 
a 
plan 
for 
the 
safe 
management 
of 
arsenic-treated wood 
waste. 
The 
plan must 
be 
developed 
in 
consultation with interested parties. 
The plan must include, but 
is not limited to, recommendations regarding: 
1. 
The separation and segregation of arsenic-treated wood 
at solid waste handling facilities; 
2. 
Restrictions on the combustion of arsenic-treated wood 
at incineration facilities, biomass boilers and other boilers; and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ~" to H.P. 963, L.D. 1309 
3. 
Restrictions on the disposal of arsenic-treated wood at 
unlined landfills. 
For purposes of this section, "arsenic-treated wood" has the 
same meaning as in the Maine Revised Statutes, Title 38, section 
1681. 
Sec. 4. Report on reducing arsenic exposure and ensuring safe 
drinking water from private wells. 
The Department of Human Services, 
Bureau of Health shall submit a report no later than October 1, 
2004 to the Joint Standing Committee on Natural Resources and the 
Joint Standing Committee 
on Health and Human 
Services after 
consultation with a diverse group of interested parties. 
The 
report must contain an assessment of the need for a comprehensive 
safe drinking water program for private wells to address arsenic 
and 
other 
contaminants 
of 
human 
health 
concern 
and 
recommendations to address identified needs. 
Sec. 5. Report on arsenic and real estate transactions. 
The Real 
Estate Commission, under the Maine Revised Statutes, Title 32, 
chapter 114, subchapter 2, shall submit a report no later than 
October 1, 
2004 
to the Joint Standing Committee 
on Natural 
Resources and the Joint Standing Committee on Business, Research 
and Economic Development after consultation with the Department 
of 
Human 
Services, 
Bureau 
of 
Health 
and 
other 
interested 
persons. 
The report must contain a description of efforts within 
the real estate industry to increase awareness among real estate 
licensees and buyers and sellers of residential real estate of 
the hazards of arsenic in water supplies and treated wood, the 
need to test for arsenic in private water supplies and the need 
to identify and to regularly coat with a sealant arsenic-treated 
wood structures, including decks, entryways and play sets. 
The 
efforts may include, but are not limited to, information directly 
used 
by 
home 
sellers 
and 
buyers, 
such 
as modifications 
to 
purchase 
and 
sales 
agreements, 
modifications 
to 
hazardous 
materials disclosures and educational brochures or other written 
information. 
Sec. 6. Report on arsenic-treated wood uses. 
The Department of 
Environmental Protection shall submit a 
report no later than 
January 1, 
2004 
to the Joint Standing Committee 
on Natural 
Resources that contains 
a 
market evaluation of the sale of 
"arsenic-treated wood," as defined in the Maine Revised Statutes, 
Title 38, section 1681, in the State and the remaining uses of 
arsenic-treated wood that are still allowed in the State. 
For 
marine and other direct water contact uses of arsenic-treated 
wood, 
the 
report 
must 
include 
information 
on 
the 
market 
availability of alternatives to wood treated with a preservative 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .~. to H.P. 963. L.D. 1309 
containing added copper. 
out legislation to the 
Legislature to restrict 
The joint standing committee may report 
the sale of arsenic-treated wood for all 
remaining uses.' 
SUMMARY 
This amendment is the minority report of the Joint Standing 
Committee 
on Natural 
Resources 
and 
replaces 
the bill. 
The 
amendment requires the seller of residential real property to 
provide to the purchaser information developed by the Department 
of 
Human 
Services on arsenic in private water supplies and 
treated wood. 
The amendment requires retail establishments that 
sell arsenic-treated wood to post signs and label products as 
specified by the enhanced consumer awareness program developed in 
cooperation 
with 
the 
United 
States 
Environmental 
Protection 
Agency. 
After December 31, 2003, arsenic-treated lumber may not 
be 
manufactured 
for 
uses 
prohibited 
by 
the 
United 
States 
Protection Agency and after April 1, 2004, retailers must be in 
full compliance with the cancellation order issued by the United 
States 
Environmental 
Protection 
Agency. 
The 
amendment 
also 
prohibits the admission of the statute pertaining to arsenic-
treated wood into evidence in any private-party civil proceeding 
against any Maine manufacturer, wholesaler, retailer or installer 
of arsenic-treated wood. 
The amendment requires the Department 
of Environmental Protection to develop a disposal plan for the 
safe management of arsenic-treated wood waste. 
It requires the 
Department of Human Services to submit a report on the need for a 
comprehensive safe drinking water program for private wells to 
address arsenic. 
It requires the Real Estate Commission to 
submit a report on the efforts within the real estate industry to 
increase awareness among real estate licensees and buyers and 
sellers of residential real estate of the hazards of arsenic in 
water supplies and treated wood, the need to test for arsenic in 
private water supplies and the need to identify and regularly 
coat with a sealant arsenic-treated wood structures. 
Finally, 
the amendment directs the Department of Environmental Protection 
to submit a report that contains a market evaluation of the sale 
and uses of arsenic-treated wood that are not prohibited under 
this legislation. 
FISCAL NOT~ llE~LlH.El.) 
• 
(See atti~btHl) 
.~ 
COMMITTEE AMENDMENT 
" 
Fiscal Detail and Notes 
Approved: 05116/03 ~ae 
Office of Fiscal and Program Review 
LD 1309 
An Act to Protect Public Health by Reducing Human Exposure to 
Arsenic 
LR 1495(03) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Minority Report 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Any additional cost to the Real Estate Commission within the Department of Professional and Financial Regulation, 
Office of Licensing and Registration, the Department of Environmental Protection and the Department of Human 
Services associated with conducting the required reports can be absorbed by these agencies utilizing existing budgeted 
resources. 
LR1495(3) - Fiscal Note - Page 1 of 1