An Act To Prevent Lead Poisoning of Children and Adults
Maine Legislature, Session 122, LD 1034
Committee: Health and Human Services
Sponsors: MAYO, CUMMINGS, FAIRCLOTH, MILLER, PATRICK, PINGREE, BRENNAN, MILLS, ROSEN
Amends: 22 MRSA §1315

Legislative Document 
No. 1034 
H.P.719 
House of Representatives, March 1,2005 
An Act To Prevent Lead Poisoning of Children and Adults 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representati ve DUPLESSIE of Westbrook. 
Cosponsored by Senator MAYO of Sagadahoc and 
1J1~ 
/h.7I/tlC~ 
Mll.LICENT M. MacFARLAND 
Clerk 
Representatives: CUMMINGS of Portland, FAIRCLOTH of Bangor, MILLER of Somerville, 
PATRICK of Rumford, PINGREE of North Haven, Senators: BRENNAN of Cumberland, 
MILLS of Somerset, ROSEN of Hancock. 
Printed on recyded paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1315, sub-§3-A, as amended by PL 1999, c. 
276, §2, is further amended to read: 
3-A. 
Environmental 
lead 
hazard. 
"Environmental 
lead 
hazard" means any condition that may cause exposure to lead from 
lead-contaminated dust, lead-contaminated soil, lead-contaminated 
water 
e~~ lead-based paint that is in poor condition or the use 
and disposal of lead-added products. 
Sec. 2. 22 MRSA §1315, sub-§4-H is enacted to read: 
4-B. 
Lead-added product. 
"Lead-added product" 
means 
an 
item to which lead _has been added during manufacture. 
Sec. 3. 22 MRSA §§1322-E and 1322-F are enacted to read: 
§1322-E. 
Lead Poisoning Prevention Fund 
1. 
Fund established. 
The Lead Poisoning Prevention Fund-L 
referred to in this section as "th'L-fund," j,s establkhed witJL~n 
the department as a_ nonlapsing fund for the purposes specified in 
this section. 
2. 
Sources of fund. 
The 
fund is funded 
from all fees 
collected under section 1322-F and from other funds accepted lu': 
the commissioner or allocated or appropriated by the Legislature. 
3. 
Prevention purposes. 
Allocations from the fund must be 
made for the following purposes: 
A. 
Grants 
for 
funding 
community 
and 
worker 
educational 
outreach programs 
to enable the public to identify lead 
hazards and take precautionary actions to prevent exposure 
to lead. 
At least 50% of the fund must be allocated for 
grants for the purposes of this paragraph; 
B. 
An ongoing major media campaign to fulfill the purposes 
of the educational and pUblicity progl-am reguired by section 
1317-B; 
C. 
Measures 
to 
prevent 
children' s 
exposure 
to 
lead, 
including targeted educational mailings 
to 
families 
with 
children that_ occupy dwellings built prior to 
1978 with 
culturally appropriate information on the health hazards of 
lead, the identification of lead sources, actions to take to 
prevent 
lead 
exposure 
and 
the 
importance 
of 
screening 
children for lead poisoning; 
Page l-LR2022(1) 
D. 
Measures to prevent occupational exposures to lead for 
private and public employees, including improvements in the 
effectiveness of the occupational disease reporting system 
required 
in 
chapter 
259-A 
in 
identifying 
and 
educating 
health_care providers, 
employers 
and lead-exposed adults 
about occupational lead poisoning prevention strategies: and 
E. 
Funding all assessment of current uses of lead and the 
availalJility, effectiveness and affordability of lead-free 
alternatives. 
4. 
Administration. 
The Bureau of Health shall 
administer~ 
the fund aJ.1ocations with the review and advice of an advisory 
board estaQlished .by the department pursuant to section 1323. 
Preference must be given to programs that reach high-risk or 
underserved 
populations. 
The 
bureau 
may 
contract 
for 
professional services to carry out the purposes of this section. 
§1322-F. 
Lead poisoning prevention fee 
1. 
Fee imposed. 
A fee is imposed on manufacturers and 
other persO.ns who .have significantly contributed historically or 
who 
currently 
contribute 
to 
environmental 
lead 
hazards 
or 
occupational 
lead 
hazards 
through 
the 
commerce 
of 
lead, 
lead-based .substances or lead-added products or who are otherwise 
responsible for identifiable sources of lead. 
2. 
Criteria. 
To 
the 
maximum 
extent practicable, 
fees 
established under .. this section must be assessed on a person on 
the basis of the following criteria: 
A. 
The 
person's 
past 
and 
present 
responsibility 
for 
environmental lead hazards: 
B. 
The persoll' s relative responsibility 
lead hazards based on its market share 
lead-added products; 
for environmental 
of lead-based or 
C. 
The lead content of lead-added products sold by the 
person in the ~tate; 
D. 
The 
person's 
reports 
of 
environmental 
releases 
or 
off-site transfers of lead under Title 38, chapter 26; and 
E. 
The 
person's 
potential 
as 
an 
employer 
for 
causing 
occupational lead poisoning. 
3. 
Rules. 
By July 1, 
2006, 
the department shall adopt 
rules that set the amounts of the annual fees on manufacturers 
and 
other 
persons 
as 
imposed 
by 
subsection 
1, 
taking 
into 
consideration the criteria listed in subsection 2. 
To the extent 
practicable, the rules must ensure that fees are collected on 
products sold by distributors and wholesalers. 
In determining 
the total amount .of fees 
and the specific fee schedule, 
the 
department shall also consider similar fee-funded lead poisoning 
prevention programs as adopte.d by other states. 
The costs for 
development of these rules and for administration of the fund 
must be 
reimbursed 
from the 
fees collected. 
The 
rules must 
specify that the first payment of fees is due on or before April, 
L 
2007. 
Rules adopted pursuant to this subsection are routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
4. 
Exemption. 
A fee may not be assessed upon a person if 
~ person 
demonstrates, 
to 
the 
satisfaction 
of 
the 
.QQ!llrnissioner, that __ the lead or the product containing lead wi ttl 
which it is or was associated does not or did not result 
III 
.quantifiable 
~istent environmental 
or 
occupational 
lead 
hazards. 
Sec. 4. Report. 
The Department of Health and Human Services, 
Bureau of Health shall report to the Joint Standing Committee on 
Health 
and 
Human 
Services 
by 
January 
15, 
2006 
with 
recommendations, 
if any, 
for additional legislation needed to 
fully implement the anticipated fee schedule under development by 
rules 
as 
required by 
the 
Maine 
Revised Statutes, 
Title 
22, 
section 1322-F, subsection 3. 
The Joint Standing Committee on 
Health and Human Services may report a bill to the Second Regular 
Session 
of 
the 
122nd 
Legislature 
in 
response 
to 
the 
recommendations of the Bureau of Health. 
SUMMARY 
The bill creates 
the 
Lead 
Poisoning Prevention 
Fund 
to 
support grants, contracts and programs for educational outreach 
to prevent lead poisoning in children and adults. 
The bill 
creates a fee to be imposed on manufacturers and other persons 
who contribute to environmental and occupational lead hazards. 
The bill requires the Department of Health and Human Services, 
Bureau of Health to adopt rules by July L 
2006 to assess fees 
based on a person's relative contribution to lead hazards, the 
lead content of products, releases of lead to the environment or 
known occupational lead exposures. 
The Bureau of Health shall 
report 
to 
the Joint Standing 
Committee 
on 
Health 
and 
Human 
Services by January 15, 
2006 with recommendations to implement 
the fee schedule.