An Act To Amend the Fluoridation Laws To Provide for Customer Choice
Maine Legislature, Session 127, LD 0827
Committee: Energy, Utilities and Technology
Sponsors: SEAVEY, COLLINS, DUNPHY
Amends: 22 MRSA §2653, 22 MRSA §2654, 22 MRSA §2655, 22 MRSA §2656

Legislative Document 
No. 827 
H.P. 561 
House of Representatives, March 10, 2015 
An Act To Amend the Fluoridation Laws To Provide for Customer 
Choice 
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative SEAVEY of Kennebunkport. 
Cosponsored by Senator COLLINS of York and 
Representative: DUNPHY of Embden. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2653, as amended by PL 1987, c. 122, §2, is further amended 
to read: 
§2653.  Authorization of fluoridation; general provisions 
1.  Requirement for authorization.  No A public water system may not add any 
fluoride to any water supply without first having been authorized to do so by the 
customers of the public water system or by the registered voters of the affected single or 
multiple community water district served by it. Any public water system duly authorized 
to add fluoride to any water supply shall do so within 9 12 months after being notified in 
accordance with this section.  The In the case of authorization by registered voters in a 
single or multiple community water district, the municipal clerk shall, within 10 days 
after the vote, notify the public water system of the vote favoring or not favoring the 
addition of fluoride to the public water supply. 
2.  Form of question.  Any time the issue of whether to fluoridate a public water 
supply is submitted to customers of the public water system or the registered voters of a 
single or multiple community water district, the question shall must be phrased as 
follows:  "Shall fluoride be added to the public water supply for the intended purpose of 
reducing tooth decay?" 
3.  Prohibition.  Whenever a customers of the public water system or the registered 
voters of the single community water district has served by the public water system have 
approved fluoridation, it they may not again vote on the matter for a minimum period of 2 
years from the date of installation of fluoride.  Whenever a customers of the public water 
system or the registered voters of the single community water district has served by the 
public water system have disapproved fluoride, it the voters may not vote again on the 
matter for a minimum period of 2 years.  Whenever a customers of the public water 
system or the registered voters of the multiple community water district has served by the 
public water system have approved fluoridation, it the voters may not vote again on the 
matter until the first general election after 2 years from the date of installation of fluoride.  
Whenever a customers of the public water system or the registered voters of the multiple 
community water district disapproves served by the public water system disapprove 
fluoride, it the voters may not vote again on the matter until the next general election. 
4.  Authorization not required.  The authorization required by subsection 1 shall 
does not apply to any public water supply which that receives or purchases less than 50% 
of its total annual water supply from another public water supply authorized to add 
fluoride to its water supply. 
Sec. 2.  22 MRSA §2654, sub-§1, as amended by PL 1991, c. 824, Pt. A, §43, is 
repealed and the following enacted in its place: 
1.  Single community water districts.  In a single community water district, the vote 
on the issue of fluoridation must be called: 
A.  By a majority vote of the municipal officers acting on their own initiative; 
B.  Pursuant to a petition meeting the requirements established for a referendum vote 
by the municipality's home rule charter or, if the municipality has no home rule 
charter, as provided by Title 30-A, section 2522; or 
C.  Pursuant to a petition by 15% of the customers of the public water system or 
1,000 customers, whichever is less. 
Sec. 3.  22 MRSA §2654, sub-§2, as amended by PL 1987, c. 122, §4, is further 
amended to read: 
2.  Multiple community water districts.  In the case of a multiple community water 
district, authorization shall must be by a majority vote of the customers of the water 
district or by a majority vote of those voting at a multiple community water system 
district-wide election. A valid request for an election on whether or not to authorize the 
addition of fluoride may be made in either one of the following ways.  
A.  A valid request for an election shall have been is made when a majority of 
municipal officers, in a majority of municipalities within a multiple community water 
system district, vote to call an election.  All such votes must be taken at least 90 days 
before the general election.  Each voting municipality shall certify within 5 days to all 
other municipalities within the public water system district the results of its vote.  
A multiple community water system district-wide election shall must take place in 
each municipality within the district if, on the basis of the certificates, a majority of 
municipal officers within a majority of the municipalities in the district have called 
for an election. 
B.  A valid request for election shall have been is made when a number of registered 
voters within a multiple community water district equal to at least 10% of the total 
number of votes cast for Governor at the last gubernatorial election in all 
municipalities, wholly or partially within the multiple community water district, file a 
petition in accordance with section 2655. 
C.  A valid request for an election is made pursuant to a petition by 15% of the 
customers of the public water system or 1,000 customers, whichever is less. 
Sec. 4.  22 MRSA §2655, sub-§1, as enacted by PL 1987, c. 737, Pt. C, §65 and 
Pt. C, §106 and amended by PL 1989, c. 6; c. 9, §2; and c. 104, Pt. C, §§8 and 10, is 
further amended to read: 
1.  Circulation. Any time the issue of whether to fluoridate a public water supply is 
submitted to the voters in multiple community water districts pursuant to petition as 
authorized by section 2654, subsection 2, paragraph B, the petition or petitions shall must 
be circulated and signed in the manner prescribed by Title 30-A, section 2503, subsection 
3, paragraph B, subparagraphs (2) and (3), and shall must be dated and gathered within 
the time frame prescribed by the Constitution of Maine, Article IV, Part Third, Section 
18, Subsection 2. 
Sec. 5.  22 MRSA §2656, as amended by PL 1987, c. 122, §§7 and 8, is further 
amended to read: 
§2656.  Elections 
1.  Multiple community water system district-wide elections.  In the case of public 
systems serving more than one municipality, in whole or in part, elections shall requested 
pursuant to section 2654, subsection 2, paragraph A or B must be held simultaneously in 
all municipalities served by the water system at the first general election following the 
certification of a request for an election on the issue of whether or not to fluoridate the 
water supply.  Those eligible to vote shall must be all registered voters within affected 
single-service municipalities and all registered voters within the affected public water 
system zone of multiservice municipalities. The following provisions apply to all multiple 
community water system district-wide elections.  
A.  Each municipality shall be is responsible for posting a warrant according to the 
following requirements.  
(1)  It shall The warrant must specify the voting place and the time of opening 
and closing of polls.  
(2)  It shall The warrant must specify that the purpose of the election is to 
determine the following question: "Shall fluoride be added to the public water 
supply for the intended purpose of reducing tooth decay?"  
(3)  It shall The warrant must specify that a public hearing will be held by the 
municipal officers of each municipality at least 10 days before the election date.  
(4)  It shall The warrant must be signed by a majority of the municipal officers of 
the municipality and directed personally to a constable or any resident ordering 
him the constable or resident to announce the election.  
(5)  The person to whom the warrant is directed shall post an attested copy of it in 
a conspicuous public place in each voting district of the municipality at least 7 
days immediately before the date of the public hearing. He That person shall 
make a return on the warrant stating the manner of announcement and the time it 
was given and return the warrant to the municipal officers.  
(6)  The municipal officers shall then deliver the warrant to the clerk who shall 
record it. 
B.  Elections shall must be held by secret preprinted ballots. 
C.  Each municipality shall provide for absentee ballots in a manner which that 
substantially complies with Title 21-A, chapter 9, subchapter IV 4. 
1-A.  Elections in single community water districts.  Elections in single community 
water districts shall requested pursuant to section 2654, subsection 1, paragraph A or B 
must be conducted in the same manner as other municipal elections. 
1-B.  Elections by customers of a public water system.  Elections by customers of a 
public water system requested pursuant to section 2654, subsection 1, paragraph C or by 
section 2654, subsection 2, paragraph C must be conducted by the public water system 
according to procedures adopted by the public water system.  The treasurer of the public 
water system shall notify its customers of the results of the election. 
2.  Reporting election results.  Each municipal clerk shall certify in writing the 
results of the election within 72 hours of the vote to the Secretary of State.  The results 
shall must be certified as to the number of eligible voters voting in favor of fluoridation 
and the number of eligible voters voting in opposition to fluoridation.  The municipality 
shall also certify to the Secretary of State the identity of the relevant public water district 
or districts involved.  This subsection applies only to elections held pursuant to 
subsections 1 and 1-A. 
3.  Vote tabulation.  The Secretary of State shall, within 48 hours of receiving the 
last written certification, tabulate the votes from each municipality and immediately make 
public the results of the multiple community water system district-wide election by 
mailing to each affected municipality and public water system the results of the election, 
including the submitted votes from that municipality and public water system zone and 
the total multiple community water system district-wide vote.  This subsection applies 
only to elections held pursuant to subsections 1 and 1-A. 
SUMMARY 
Current law allows the voters of a single or multiple community water district to vote 
by municipal election on fluoridating their water supply.  This bill allows customers of a 
public water system to vote on fluoridating their water supply.