An Act to Protect Public Health by Reducing Human Exposure to Arsenic LR 1495(02)
Maine Legislature, Session 121, LD 1309
Committee Amendment CA_A_H490 (House)
Amends: 33 MRSA §173-A

12lST LEGISLATURE 
COMMITTEE AMENDMENT 
Act To 
Protect Public 
Arsenic" 
·11" to H.P. 963, L.D. 1309, Bill, 
Health by 
Reducing 
Human 
Exposure 
"An 
to 
Amend the bill by striking everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
· Sec. I. 33 MRSA §173-A is enacted to read: 
§173-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 "i+ 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 that 
are not included as permitted uses in a notice of cancellation 
order issued by the United States Environmental Protection Agency 
as published in the Federal Register on April 9, 2003. 
1. 
Purchase of arsenic-treated wood by retail business. 
Retail businesses that sell wood for residential use may not 
purchase arsenic-treated wood or wood products for residential 
uses that are not included as permitted uses in a notice of 
cancellation order issued by the United States Environmental 
Protection Agency as published in the Federal Register on April 
9, 2003. 
2. 
Sale of arsenic-treated wood. 
Beginning April L 
2004, 
a person may not sell or offer for sale arsenic treated wood or 
wood products for residential uses that are not included as 
permitted uses in a notice of cancellation order issued by the 
United States Environmental Protection Agency as published in the 
Federal Register on April 9, 2003. 
This prohibition does not 
apply to structures already built containing arsenic-treated wood 
that 
are 
included 
as 
part 
of 
a 
residential 
real 
estate 
transaction. 
§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 
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; 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "ff. to H.P. 963, L.D. 1309 
2. 
Restrictions on the combustion of arsenic-treated wood 
at incineration facilities, biomass boilers and other boilers; and 
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 
consul tation 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 Re al 
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 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fi- to H.P. 963, L.D. 1309 
arsenic-treated wood, the report must include information on the 
market availability of alternatives to 
wood 
treated with 
a 
preservative 
containing 
added 
copper. 
The 
joint 
standing 
committee 
may 
report out 
legislation to 
the 
Second 
Regular 
Session 
of 
the 
l2lst Legislature 
to 
restrict 
the 
sale 
of 
arsenic-treated wood for all remaining uses. -
SUMMARY 
This amendment is the majority 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 prohibits, as of the effective date 
of 
the 
legislation, 
retail 
businesses 
from 
purchasing 
arsenic-treated wood or wood products for residential uses that 
are not included as permitted uses in a notice of cancellation 
order 
issued 
by 
the 
United 
States 
Environmental 
Protection 
Agency. 
The amendment also prohibits, as of April 1, 2004, the 
sale of arsenic-treated wood or wood products for residential 
uses that are not included as permitted uses in a notice of 
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 
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 ~OTE REQt:IRED 
(~e~ ~ttached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 05116/03 ,;tpae. 
Office of Fiscal and Program Review 
LD 1309 
An Act to Protect Public Health by Reducing Human Exposure to 
Arsenic 
LR 1495(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Natural Resources 
Fiscal Note Required: Yes 
Majority 
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(2) - Fiscal Note - Page 1 of 1