An Act To Make the State's Standard for Lead Exposure in Children Consistent with the Federal Standard
Maine Legislature, Session 127, LD 1115
Committee Amendment CA_A_S270 (Senate)
Amends: 22 MRSA §1325, 22 MRSA §1326

COMMITTEE AMENDMENT" A "to S.P. 387, L.D. 1115, Bill, "An Act To Make 
the State's Standard for Lead Exposure in Children Consistent with the Federal Standard" 
Amend the bill by inserting after section 1 the following: 
'Sec. 2. 22 MRSA §1325, as amended byPL 1999, c. 276, §17, is further amended 
to read: 
§1325. Violation 
In additioR to aay other peaalty imposed lffider this aDapter, aay persoR '.vho violates 
aay seatioR of this ahapter may he pUBished for eaah violatioR hy a fu1e of Rot more thaa 
$500 or hy imprisOJ.'Im.eat for Rot more thaR e moatns, or hy hoth. A person who violates 
any section of this chapter or rules adopted pursuant to this chapter commits a Class E 
crime. 
In addition, other than for a violation covered under section 1316-A. the 
department may, in accordance with Title 5, chapter 375, subchapter 4, impose an 
administrative penalty not to exceed $500 for a violation of this chapter or rules adopted 
pursuant to this chapter. Each day a violation continues constitutes a separate offense. 
Violations existing within individual dwelling units are considered separate violations. 
An action commenced by the department to enforce any administrative penalty imposed 
under this section may be brought in the name of the State in the Superior Court in the 
county where the violation occurred or in Kennebec County and must be prosecuted by 
the Attorney General. 
The court shall award to the State all costs in bringing the 
enforcement action as well as reasonable interest on penalties not paid. This section does 
not limit the authority of the Department of Environmental Protection to seek penalties 
for violations under the authority of Title 38, section 349. All penalties and awards 
collected under this section must be deposited in the Lead Poisoning Prevention Fund 
established under section 1322-E. 
Sec. 3. 22 MRSA §1326, as amended by PL 2005, c. 530, §5, is further amended 
to read: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A "to S.P. 387, L.D. 1115 
§1326. Injunction requiring removal 
If the lead-based substance remains an environmental lead hazard at the expiration of 
days or at the expiration of an extension given by the commissioner pursuant to 
section 1321, that is a violation of this chapter and the State, in addition to any other 
remedies it has, may seek a mandatory injunction ordering the environmental lead hazard 
removed by a suitable 3rd party at the expense of the owner of the dwelling, premises, 
residential child-occupied facility, child care facility, premises of the family child care 
provider or nursery school. 
Sec. 4. Appropriations and allocations. The following appropriations and 
allocations are made. 
HEALTH AND HUMAN SERVICES, DEPARTMENT OF (FORMERLY DHS) 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides funding for state laboratory services and contracts for lead 
inspections. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2015-16 
$575,510 
$575,510 
2016-17 
$703,517 
$703,517 
Maine Center for Disease Control and Prevention 0143 
Initiative: Provides funding to hire 8 Environmental Specialist III positions, 4 permanent 
and 4 limited period, to review inspections, issue orders to abate, track to make sure 
abatements occur and work with families on interim controls to reduce hazards until 
abatement is complete. 
GENERAL FUND 
Personal Services 
All Other 
GENERAL FUND TOTAL 
Medical Care - Payments to Providers 0147 
2015-16 
$447,780 
$63,157 
$510,937 
Initiative: Provides funding for MaineCare-reimbursed lead inspections. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
2015-16 
$5,866 
$5,866 
COMMITTEE AMENDMENT 
2016-17 
$612,686 
$84,210 
$696,896 
2016-17 
$7,171 
$7,171 
COMMITTEE AMENDMENT" A "to S.P. 387, L.D. 1115 
FEDERAL BLOCK GRANT FUND 
All Other 
FEDERAL BLOCK GRANT FUND TOTAL 
HEALTH AND HUMAN SERVICES, 
DEPARTMENT OF (FORMERLY DHS) 
DEPARTMENT TOTALS 
GENERAL FUND 
FEDERAL BLOCK GRANT FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SU~y 
2015-16 
$181,548 
$181,548 
2015-16 
$1,092,313 
$181,548 
$1,273,861 
2016-17 
$221,928 
$221,928 
2016-17 
$1,407,584 
$221,928 
$1,629,512 
This amendment, which is the majority report of the committee, grants the 
Department of Health and Human Services authority to impose penalties for violations of 
the Lead Poisoning Control Act and the rules adopted pursuant to that Act. 
The 
amendment also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
• 
Approved: 06/11/15 
;t;?ae 
LD 1115 
LR 1807(02) 
An Act To Make the State's Standard for Lead Exposure in Children Consistent with the Federal 
Standard 
Fiscal Note for Bill as Amended by Committee Amendment "ft'{ S-J.1D) 
Committee: Health and Human Services 
Net Cost (Savings) 
General Fund 
Appropriations/Allocations 
General Fund 
Federal Block Grant Fund 
Revenue 
Federal Block Grant Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY2015-16 
$1,092,313 
$1,092,313 
$181,548 
$181,548 
FY2016-17 
$1,407,584 
$1,407,584 
$221,928 
$221,928 
Projections 
FY2017-18 
$1,269,831 
$1,269,831 
$201,793 
$201,793 
Projections 
FY 2018-19 
$1,219,785 
$1,219,785 
$181,651 
$181,657 
This bill includes General Fund appropriations to the Department of Health and Human Services (DHHS) of 
$1,092,313 in fiscal year 2015-16 and $1,407,584 in fiscal year 2016-17 to cover additional Mainecare claims for lead 
inspections and to hire 8 limited period Environmental Specialist III positions to review inspections, issue orders to 
abate, track to make sure abatements occur and work with families on interim controls to reduce hazards until 
abatement is complete. It also provides funding for contracted lead inspections. Federal Block Grant Fund allocations 
are also included in this bill for the enhanced FMAP match. 
Current trends suggest that the number of cases of children with a confmned blood lead level of 5 to 9 ug/dL could 
decrease by half every 6-7 years. Based on this trend, DHHS estimates needing 8 limited period positions for the first 
years and seven limited period positions for years 3 and 4. The contracted inspections will also decrease each year. 
LR1807(02) - Fiscal Note - Page 1 of 1