An Act To Further Strengthen the Protf:ction of Pregnant Women and Children from Toxic Chemicals
Maine Legislature, Session 126, LD 1181
Committee Amendment CA_B_S311 (Senate)
Amends: 38 MRSA §11691, 38 MRSA §1693, 38 MRSA §1693-A, 38 MRSA §1694, 38 MRSA §1695, 38 MRSA §1699

COMMITTEE AMENDMENT" e)" to S.P. 418, L.D. 1181, Bill, "An Act To 
Further Strengthen the Protf:ction of Pregnant Women and Children from Toxic 
Chemicals" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 38 MRSA §11691, sub-§8-B, as enacted by PL 2011, c. 319, §2, is 
amended to read: 
8-B. De minimis level. "De minimis level" means: 
A. For a chemical of high concern or priority chemical that is an intentionally added 
chemical in a component of a children's product, the practical quantification limit or 
the alternatives analysis threshold adopted by the department pursuant to section 
1695; or 
B. For a chemical of high concern or priority chemical that is a contaminant present 
in a component of a children's product, a concentration of 100 parts per million or the 
alternatives analysis threshold adopted by the department pursuant to section 1695. 
Sec. 2. 38 MRSA §1693, sub-§2, as repealed and replaced by PL 2011, c. 319, 
§3, is repealed and the following enacted in its place: 
2. 
Revisions. 
The department may periodically review new credible scientific 
evidence and revise the list published pursuant to subsection 1. The department may add 
a chemical to the list if, in the judgment of the Department of Health and Human 
Services, Maine Center for Disease Control and Prevention, the chemical meets one or 
more of the criteria in subsection 1. 
Sec. 3. 38 MRSA §1693, sub-§3, ~A, as enacted by PL 2011, c. 319, §3, is 
amended to read: 
A. Does not meet the criteria for listing pursuant to subsection 1~" 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "f!>" to S.P. 418, L.D. 1181 
Sec. 4. 38 MRSA §1693, sub-§3, ~, as enacted by PL 2011, c. 319, §3, is 
repealed. 
Sec. 5. 38 MRSA §1693-A, sub-§3, as enacted by PL 2011, c. 319, §4, is 
amended to read: 
3. Updates. +he By January 1, 2015, and every 3 years thereafter, the commissioner 
shall review the list published pursuant to subsection 1 at least e'{ery 3 years. The 
commissioner shall remove any chemical from the list of chemicals of high concern that 
has been designated as a priority chemical pursuant to section 1694 or that no longer 
meets any of the criteria of subsection 2. The commissioner may identify additional 
chemicals of high concern according to the criteria and requirements of this section. The 
list of chemicals of high concern may not consist of more than 70 or fewer than 10 
chemicals of high concern, unless fewer than 10 chemicals of high concern meet any of 
the criteria under subsection 2. 
A person may submit recommendations with supporting credible scientific evidence to 
the department to consider a chemical for addition to the list of chemicals of high 
concern. By January 1, 2015, and annually thereafter, the department shall publish a list 
of chemicals recommended for consideration pursuant to this subsection and any changes 
made to the list of chemicals of high concern. 
Sec. 6. 38 MRSA §1693-A, sub-§3-A is enacted to read: 
3-A. Removal by petition. A person may petition the department to remove a 
chemical from the list published pursuant to subsection 1. The department, in concurrence 
with the Department of Health and Human Services, Maine Center for Disease Control 
and Prevention. may grant a petition if the person demonstrates to the satisfaction of the 
department that the chemical: 
A. Does not meet the criteria for listing pursuant to subsection 2; or 
B. Meets the criteria for removal from the list pursuant to subsection 3. 
Upon receipt of a petition under this subsection, the department shall notify interested 
persons and provide an opportunity for review and comment on the evidence submitted 
by the petitioner. The department shall make a determination within 180 days of receipt 
of the petition and notify interested persons of the basis for its decision. If the petition is 
granted, the department shall immediately remove the chemical from the list. 
Sec. 7. 38 MRSA §1694, sub-§2, as amended by PL 2011, c. 319, §5, is further 
amended to read: 
2. Designation. The eoHUR-issioBer shall desigaate at least 2 priority ehemieals by 
JlHHlary 1, 2Q 11. The commissioner may designate additional priority chemicals if the 
commissioner finds that the chemicals meet one of the criteria listed in subsection 1. 
A person may submit recommendations with supporting credible scientific evidence to 
the department to consider a chemical for designation as a priority chemical. By January 
1, 2015, and annually thereafter, the department shall publish a list of chemicals 
recommended for consideration as priority chemicals pursuant to this subsection and any 
changes made to the list of chemicals designated as priority chemicals. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "5" to S.P. 418, L.D. 1181 
Sec. 8. 38 MRSA §1695, sub-§l-A is enacted to read: 
I-A. Alternatives analysis threshold. Starting on January 1, 2014, the department 
may adopt an alternatives analysis threshold concentration for any chemical subject to 
disclosure or reporting requirements of this chapter that is greater than the applicable 
practical quantification limit for an intentionally added chemical. The department may 
also specify an alternatives analysis threshold concentration greater than 100 parts per 
million for any chemical subject to disclosure or reporting requirements of this chapter 
that is a contaminant. 
A. The department shall issue a notice to persons required to report pursuant to this 
chapter inviting comments on the appropriate alternatives analysis threshold for a 
particular chemical. 
B. 
A person who submits comments pursuant to paragraph A must include an 
explanation of the testing method used to reach the person's suggested alternatives 
analysis threshold. The comments must also include a statement of the toxicity of the 
chemical at the suggested threshold level. 
Sec. 9. 38 MRSA §1695, sub-§§2 and 4, as enacted by PL 2007, c. 643, §2, are 
amended to read: 
2. 
Supplemental information. The manufacturer or distributor of a children's 
product that contains a priority chemical shall provide the following additional 
information if requested by the: department: 
A. 
Information on the likelihood that the chemical will be released from the 
children's product to the environment during the children's product's life cycle and the 
extent to which users of the children's product are likely to be exposed to the 
chemical; 
B. Information on the extent to which the chemical is present in the environment or 
human body; and 
C. An assessment of the: availability, cost, feasibility and performance, including 
potential for harm to huma.n health and the environment, of alternatives to the priority 
chemical and the reason the priority chemical is used in the manufacture of the 
children's product in lieu of identified alternatives. If an assessment aeeepta-ele to the 
department is not timely submitted, the department may assess a fee on the 
l'flQffilfaeturef Of distrilmtoif to eO'/ef the eosts to pfepare an independent feport on the 
availa-eility ofsafef alternatives by a eontfaetof of the department's ehoiee. 
If an assessment acceptable to the department is not timely submitted or if the 
department determines the preparation of such an assessment by an independent 
contractor will be more expeditious, cost-effective or comprehensive, the department 
may assess a fee on the manufacturer or distributor to cover the costs to prepare an 
independent report on the availability of safer alternatives by a contractor of the 
department's choice. 
The manufacturer or distributor of a children's product that contains a priority chemical 
may provide additional information to the department regarding the potential for harm to 
human health and the environment from specific uses of the priority chemical. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT"~" to S.P. 418, L.D. 1181 
4. Rulemaking to determine fees. If the department assesses a fee pursuant to 
subsection 2, paragraph C or subsection 3, the department shall determine the appropriate 
fee through major sl:lastaRti'le routine technical rulemaking, as defined in Title 5, chapter 
375, subchapter 2-A. 
Sec. 10. 38 MRSA §1699, as enacted by PL 2007, c. 643, §2, is repealed and the 
following enacted in its place: 
§1699. Education and assistance 
1. Education and assistance. As resources allow, the department shall develop a 
program to educate and assist consumers and retailers in identifying children's products 
that may contain priority chemicals. 
2. Citizen participation. Once every year, beginning in 2015, the department shall 
establish a 30-day period during which any person may submit information, in summary 
form, on the topic of toxic chemicals in children's products and the effectiveness of this 
chapter. The summary must be limited to the concise key points related to the products 
or chemicals. The department may request additional information based on the summary 
provided. 
3. Information. Beginning January 1, 2014 and annually by January 1st thereafter, 
the department shall publish on the department's publicly accessible website the list of 
chemicals of high concern under section 1693-A, subsection 1 and the types of products 
that contain each chemical on the list. 
Sec. 11. Progress report. By January 3,2014, the Department of Environmental 
Protection shall consult with the Department of Health and Human Services, Maine 
Center for Disease Control and Prevention to review relevant available information 
regarding chemicals in children's products and consider appropriate actions under the 
Maine Revised Statutes, Title 38, chapter 16-D. Upon request by the Joint Standing 
Committee on Environment and Natural Resources, the department shall provide a 
briefing on the department's implementation of Title 38, chapter 16-D to the joint 
standing committee. The joint standing committee may report out a bill relating to the 
briefing to the Second Regular Session of the 126th Legislature. 
Sec. 12. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Administration - Environmental Protection 0251 
Initiative: Provides Other Special Revenue Funds allocations for technology costs related 
to implementing changes in the toxic chemicals in children's products program. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2013-14 
$586 
$586 
COMMITTEE AMENDMENT 
2014-15 
$781 
$781 
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COMMITTEE AMENDMENT" 13" to S.P. 418, L.D. 1181 
Administration - Environmental Protection 0251 
Initiative: Provides funding for technology costs related to implementing changes in the 
toxic chemicals in children's products program. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Remediation and Waste Management 0247 
2013-14 
$665 
$665 
2014-15 
$886 
$886 
Initiative: Provides funding for I12-time Environmental Specialist IV position and one 
Toxicologist position and associated administrative and technology costs related to 
implementing changes in the toxic chemicals in children's products program. 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL .. ALL FUNDS 
SU~RY 
2013-14 
1.500 
$92,160 
$11,246 
$103,406 
2013-14 
$104,071 
$586 
$104,657 
2014-15 
1.500 
$131,049 
$995 
$132,044 
2014-15 
$132,930 
$781 
$133,711 
This amendment is the minority report of the committee and replaces the bill. The 
amendment does the following. 
I. It authorizes the Department of Environmental Protection to specify by rule an 
alternatives analysis threshold for a chemical for the purpose of determining the de 
minimis level of the chemical. 
2. It establishes a process for considering revisions to the lists of chemicals of high 
concern and priority chemicals. 
3. It establishes a process for petitioning for removal of a chemical from the list of 
chemicals of high concern. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" Ef to S.P. 418, L.D. 1181 
4. 
It authorizes the Department of Environmental Protection to contract for an 
independent alternatives assessment for priority chemicals without first requesting one 
from manufacturers or distributors of children's products. 
5. It directs the Department of Environmental Protection to establish a 30-day period 
each year during which persons may submit information on the topic of toxic chemicals 
in children's products. 
6. It requires the annual publication of the list of chemicals of high concern on the 
Department or'Environmental Protection's publicly accessible website. 
7. It directs the Department of Environmental Protection to consult with the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention by January 3, 2014 to review information regarding chemicals in children's 
products and consider appropriate actions. 
It also authorizes the Joint Standing 
Committee on Environment and Natural Resources to report out a bill relating to a 
briefing by the department on the laws governing toxic chemicals in children's products. 
8. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/18/l3 
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126th Mi\INE LEGISLATURE 
LD 1181 
LR 1627(03) 
An Act To Further Strengthen the ProtE~ction of Pregnant Women and Children from Toxic Chemicals 
Fiscal Note for Bill as Amended by Committee Amendment 'I3{S-3 \\) 
Committee: ICnvironment and Natural Resources 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fjiscal Note Required: Yes 
Fiscal Note 
FY 2013-14 
$104,071 
$104,071 
$586 
FY 2014-15 
$132,930 
$132,930 
$781 
Projections 
FY 2015-16 
$136,861 
$136,861 
$781 
Projections 
FY 2016-17 
$140,910 
$140,910 
$781 
The bill includes General Fund appropriations of $1 04,071 in fiscal year 2013-14 and $132,930 in fiscal year 2014-15 
to the Department of Environmental Protectiol1L to fund one half-time Environmental Specialist IV position and one 
Toxicologist position along with the associated administrative and technology costs related to implementing changes 
in the toxic chemicals in children's products program. It also includes related Other Special Revenue Funds allocations 
to the department of$586 and $781 in fiscal y(:ars 2013-14 and 2014-15, respectively. 
LR1627(03) - Fiscal Note - Page I of 1