An Act To Ensure Safe Drinking Water for Families in Maine
Maine Legislature, Session 128, LD 0454
Committee: Health and Human Services
Sponsors: VACHON, ACKLEY, COOPER, THIBODEAU, DENNO, GATTINE, HEAD, HILLIARD, BELLOWS, LANGLEY, VOLK
Amends: 22 MRSA §566, 22 MRSA §2601-A, 22 MRSA §2602-A, 32 MRSA §4700-H

Legislative Document
No. 454
H.P. 321
House of Representatives, February 7, 2017
An Act To Ensure Safe Drinking Water for Families in Maine
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative VACHON of Scarborough.
Cosponsored by Representatives: ACKLEY of Monmouth, COOPER of Yarmouth, President 
THIBODEAU of Waldo and Representatives: DENNO of Cumberland, GATTINE of 
Westbrook, HEAD of Bethel, HILLIARD of Belgrade, Senators: BELLOWS of Kennebec, 
LANGLEY of Hancock, VOLK of Cumberland.
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 shall forward a copy of the test results to the department.  A laboratory that 
tests 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 by an annual date set by the department.  The department shall keep 
confidential the addresses included on the copy of residential private drinking water well 
test results and use them only for the purpose of recording multiple tests for the same 
well.  The department shall establish by rule a system for facilitating the collection of 
data from private laboratories to avoid significant new costs for private laboratories and 
the department.  Rules adopted pursuant to this section are routine technical rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
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 for specific 
contaminants for which residential private drinking water wells should periodically be 
tested.  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 recommendation developed by the department pursuant to this section. 
§2660-U.  Fees 
The Health and Environmental Testing Laboratory established in section 565 shall 
collect a fee not to exceed $10 from a person or entity ordering a water test for a water 
sample from a residential private drinking water well.  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.  The 
department shall establish by rule a percentage of the fee to be directed toward 
administrative costs for collecting data from private laboratories.  If more than one test of 
a water sample from the same residential private drinking water well is conducted, the 
department may waive payment of a fee established under this section for a one-year 
period.  A fee collected under this section is in addition to any fee charged by the 
department pursuant to section 2602-A, subsection 2. 
§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 or building manager of a dwelling that is rented for human habitation 
and for which the water supply is a residential private drinking water well shall obtain a 
water test every 3 to 5 years for the contaminants specified pursuant to section 2660-T 
and shall disclose the results of the water test to each tenant of the dwelling within 10 
business days after receiving the results from a laboratory.  The landlord or building 
manager shall allow each prospective tenant of the dwelling to review results of the most 
recent water test prior to signing a lease or moving into the dwelling. 
§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 
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.  32 MRSA §4700-H, sub-§8 is enacted to read: 
8.  Educational materials.  The commission shall develop educational materials for 
distribution to the landowner when a residential private drinking water well is drilled or 
deepened to inform the landowner about the importance of testing for arsenic and other 
contaminants specified in Title 22, section 2660-T and adopt rules to require the 
distribution of the materials.  Rules adopted by the commission pursuant to this 
subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. 6.  Water testing guide update.  The Health and Environmental Testing 
Laboratory within the 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, the 
update must 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 Department of Health and Human Services, Maine Center 
for Disease Control and Prevention's division of environmental health prior to the update 
required by this section to ensure that the revised information constitutes an effective 
environmental public health communication. 
SUMMARY 
This bill establishes provisions regarding testing for 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 
recommendation for testing of residential private drinking water wells. 
The bill requires the department to conduct educational outreach regarding the 
potential health effects of contaminants and the need for testing residential private 
drinking water wells. 
The bill requires the Maine Water Well Commission to develop educational materials 
to be distributed when a residential private drinking water well is drilled or deepened to 
inform the owners of the importance of testing for arsenic and other contaminants. 
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 conducted by the Health and Environmental Testing Laboratory within the 
department.