An Act To Ensure Safe Drinking Water for Maine Families
Maine Legislature, Session 127, LD 1162
Committee: Health and Human Services
Sponsors: GATTINE, JOHNSON, HASKELL, BURSTEIN, HILLIARD, MALABY, MAREAN, VACHON
Amends: 22 MRSA §566, 22 MRSA §2601-A, 22 MRSA §2602-A, 30-A MRSA §4741, 32 MRSA §4700-O, 33 MRSA §173

Legislative Document 
No. 1162 
H.P. 796 
House of Representatives, March 31, 2015 
An Act To Ensure Safe Drinking Water for Maine Families 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
ROBERT B. HUNT 
Clerk 
Presented by Representative GATTINE of Westbrook. 
Cosponsored by Senator JOHNSON of Lincoln, Senator HASKELL of Cumberland and 
Representatives: BURSTEIN of Lincolnville, HILLIARD of Belgrade, MALABY of Hancock, 
MAREAN of Hollis, VACHON of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §566, as amended by PL 1999, c. 62, §2, is further amended to 
read: 
§566.  Record of tests for water samples 
A person requesting a water sample test must indicate the source of the water sample.  
A laboratory that tests any public water system for drinking water program compliance 
mandates, or any residential private drinking water well for contaminants identified by 
the department pursuant to section 2660-T, shall forward a copy of the test results to the 
department. 
Sec. 2.  22 MRSA §2601-A, as enacted by PL 1999, c. 761, §1, is amended to 
read: 
§2601-A.  Scope 
This chapter establishes a system designed to help ensure public health; to allow the 
State, municipalities and public water systems to identify significant public water 
supplies and strive for a higher degree of protection around source water areas or areas 
that are used as public drinking water supplies; and to allow the State, municipalities and 
water systems to pursue watershed or wellhead protection activities around significant 
public water supplies; and to improve testing for and treatment of contaminants in 
residential private drinking water wells. 
Sec. 3.  22 MRSA §2602-A, sub-§1, as enacted by PL 1983, c. 837, §1, is 
amended to read: 
1.  Purpose.  The Legislature finds that there is a growing threat to the state's State's 
drinking water from a variety of contaminants and that testing of private residential water 
supplies may be is necessary under certain circumstances to protect the public health. The 
Legislature recognizes that certain testing may be prohibitively expensive and 
accordingly provides for state-funded testing as set forth in this section. 
Sec. 4.  22 MRSA c. 601, sub-c. 8 is enacted to read: 
SUBCHAPTER 8 
SAFE DRINKING WATER FROM RESIDENTIAL PRIVATE WELLS 
§2660-S.  Definitions 
As used in this subchapter, unless the context otherwise indicates, the following 
terms have the following meanings. 
1.  Private drinking water well.  "Private drinking water well" has the same 
meaning as in Title 38, section 1392, subsection 8. 
§2660-T.  Uniform testing recommendation; specified contaminants 
The department shall develop a uniform recommendation for the testing of specific 
contaminants that should be periodically tested for in residential private drinking water 
wells.  The uniform recommendation must specify contaminants that should be included 
in the periodic testing, including but not limited to arsenic, uranium, manganese, fluoride 
and radon, unless the department determines that testing for a contaminant listed in this 
section is not necessary based on previous test results or credible scientific evidence.  A 
person who recommends or provides testing of or provides education or advertisements 
related to testing of a residential private drinking water well shall clearly identify the 
uniform testing recommendation developed by the department pursuant to this section. 
§2660-U.  Fees 
The department shall establish a fee schedule in accordance with this section. 
1.  Water testing.  A person who tests water samples shall pay a fee not to exceed $5 
to the department for each test of a water sample from a residential private drinking water 
well for one or more of the contaminants specified in section 2660-T.  The fees collected 
must be credited to the Private Well Safe Drinking Water Fund established in section 
2660-X and used for the purpose of increasing testing of residential private drinking 
water wells.  If more than one test is conducted of a water sample from the same 
residential private drinking water well, the department shall waive payment of a fee 
established under this subsection for a one-year period. 
2.  Water treatment.  A person who sells and installs water treatment equipment to 
reduce the level of contaminants specified in section 2660-T in residential private 
drinking water wells shall pay a fee not to exceed 3% of the total cost of each installation.  
The fees collected must be credited to a separate account in a water treatment fund 
established by the Maine State Housing Authority pursuant to Title 30-A, section 4741, 
subsection 19.  The fees may be used for the sole purpose of providing persons of low 
income with affordable water treatment for residential private drinking water wells that 
have exceeded health guidance levels for one or more of the contaminants specified 
pursuant to section 2660-T. 
Fees established under this section are in addition to fees under section 2602-A.  The 
department shall grant a waiver of the fee established under subsection 1 to a person who 
qualifies for a waiver of water testing fees pursuant to section 2602-A. 
§2660-V.  Educational outreach 
Within available resources, the department shall revise and update its education and 
outreach materials and conduct educational outreach regarding residential private 
drinking water wells, including the need to conduct testing for contaminants specified 
pursuant to section 2660-T, the potential health effects of those contaminants and options 
for water treatment to reduce the level of those contaminants. 
§2660-W.  Rental property 
The landlord of a dwelling that is rented for human habitation and for which the 
water supply is a residential private drinking water well shall disclose to each tenant of 
the dwelling the results of a water test conducted within the previous 3 years for the 
contaminants specified pursuant to section 2660-T. 
§2660-X.  Private Well Safe Drinking Water Fund 
1.  Fund established.  The Private Well Safe Drinking Water Fund, referred to in this 
section as "the fund," is established within 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 
2660-U, subsection 1 and from other funds accepted by the commissioner or allocated or 
appropriated by the Legislature.  The commissioner may accept donations or grants to the 
fund from any source. 
3.  Purposes.  Allocations from the fund must be made for the following purposes: 
A.  To improve the rate of testing of residential private drinking water wells for 
contaminants specified pursuant to section 2660-T; 
B.  For educational outreach programs consistent with section 2660-V; and 
C.  To defray the department's costs in administering this subchapter. 
4.  Administration.  The division of environmental health within the department 
shall administer the fund allocations with the review and advice of an advisory committee 
established by the department.  Preference in allocating funds must be given to 
community-based programs that reach high-risk or underserved populations.  The 
department may contract for professional services to carry out the purposes of this 
section. 
§2660-Y.  Rules 
The department shall adopt routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A necessary to administer and enforce this subchapter.  The rules may 
address, but are not limited to, testing recommendations for contaminants specified 
pursuant to section 2660-T, water sample test reporting and fee schedules. 
Sec. 5.  30-A MRSA §4741, sub-§19 is enacted to read: 
19.  Water treatment fund.  The Maine State Housing Authority shall establish and 
administer a water treatment fund in accordance with Title 22, section 2660-U, subsection 
2. 
Sec. 6.  32 MRSA §4700-O is enacted to read: 
§4700-O.  Drinking water well test 
Upon completing construction of a residential private drinking water well or the 
enlarging or deepening of an existing residential private drinking water well, a well 
drilling company shall request a laboratory that is certified or accredited pursuant to Title 
22, section 567 to conduct a water sample test of the well water for the contaminants 
specified by the department pursuant to Title 22, section 2660-T.  The laboratory shall 
provide the test results and information supplied by the department on the potential health 
effects of consumption of contaminated water to the owner of the well with a copy of the 
test results forwarded to the department pursuant to Title 22, section 566. 
Sec. 7.  33 MRSA §173, sub-§1, ¶¶D and E, as enacted by PL 1999, c. 476, §1, 
are amended to read: 
D.    The date of the most recent water test, if any; and 
E.    Whether the seller has experienced a problem such as an unsatisfactory water 
test or a water test with notations; and 
Sec. 8.  33 MRSA §173, sub-§1, ¶F is enacted to read: 
F.  The results of a water test conducted within the previous 3 years for the 
contaminants specified pursuant to Title 22, section 2660-T. 
Sec. 9.  Water testing guide update.  The health and environmental testing 
laboratory within the division of public health systems, Maine Center for Disease Control 
and Prevention, Department of Health and Human Services shall update its water testing 
guide and related information on its publicly accessible website for consistency with this 
Act.  For testing of water samples from residential private drinking water wells as defined 
in the Maine Revised Statutes, Title 22, section 2660-S, subsection 1, such update shall 
ensure a clear, simple to understand and prominent recommendation for testing consistent 
with Title 22, section 2660-T.  The laboratory shall consult with relevant personnel 
within the division of environmental health, Maine Center for Disease Control and 
Prevention, Department of Health and Human Services prior to the update required by 
this section to ensure that the revised information constitutes an effective environmental 
public health communication. 
SUMMARY 
This bill improves testing for and treatment of contaminants in residential private 
drinking water wells that are otherwise exempt from state and federal safe drinking water 
laws. 
The bill requires the Department of Health and Human Services to develop a uniform 
testing recommendation for testing of residential private drinking water wells. 
The bill requires testing when residential private drinking water wells are 
constructed. 
The bill establishes the Private Well Safe Drinking Water Fund to support 
educational outreach and to improve testing rates of residential private drinking water 
wells.  The fund is funded by fees on the testing of residential private drinking water 
wells. 
The bill establishes a fund within the Maine State Housing Authority funded by fees 
on the installation of water treatment equipment for the purpose of providing persons of 
low income with affordable water treatment. 
The bill requires the department to conduct educational outreach regarding the 
potential health effects of contaminants and the need for testing and treatment of 
residential private drinking water wells.