An Act To Strengthen Requirements for Water Testing for Schools
Maine Legislature, Session 128, LD 0040
Committee Amendment CA_A_S406 (Senate)
Amends: 22 MRSA §2604-B, 30-A MRSA §6006-F

COMMITTEE AMENDMENT "(\ " to S.P. 20, L.D. 40, Bill, "An Act To 
Strengthen Requirements for Water Testing for Schools" 
Amend the bill by striking out everything after the title and before the summary and 
inserting the following: 
1Mandate preamble. This measure requires one or more local units of government 
to expand or modify activities so as to necessitate additional expenditures from local 
revenues but does not provide funding for at least 90% of those expenditures. Pursuant to 
the Constitution of Maine, Article IX, Section 21, 2/3 of all of the members elected to 
each House have determined it necessary to enact this measure. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §2604-B is enacted to read: 
§2604-B. Schools, sampling and examination of water for lead 
1. Lead testing. A school shall test water used for drinking or culinary purposes for 
lead using water testing kits or by submitting samples of water used for drinking or 
culinary purposes to an approved laboratory under section 2607 for lead testing in 
accordance with a schedule established by the department pursuant to subsection 2. If the 
water is found to violate the water lead levels established by the department, the 
department shall issue an order to reduce exposure to lead according to procedures 
established by the department pursuant to subsection 2. The order must remain in force 
until the water conforms to the water lead levels. 
A school that violates this subsection, rules adopted under this section or an order issued 
under this subsection commits a civil violation for which a fine of not more than $500 
may be adjudged. 
2. Rules. The department shall adopt rules necessary to implement this section, 
including, but not limited to, establishing: water lead levels; testing protocols, including 
the frequency of testing; mitigation or abatement methods; procedures for the issuance of 
an order to reduce exposure to lead; and public notification requirements. In adopting 
COMMITTEE AMENDMENT 
~t. 
COMMITTEE AMENDMENT "A "to S.P. 20, L.D. 40 
rules to implement this section, the department shall consider the United States 
Environmental Protection Agency's recommendations for reducing lead in drinking water 
in schools. Rules adopted pursuant to this subsection are major substantive rules as 
defined in Title 5, chapter 375, subchapter 2-A. 
3. 
Definition. As used in this section, unless the context otherwise indicates, 
11school
means a private school as defined in Title 20-A, section 1, subsection 22 or a 
public school as defmed in Title 20-A, section 1, subsection 24. 
Sec .. 2. 30-A MRSA §6006-F, sub-§3, 1A, as amended by PL 2011, c. 153, §1, 
is further amended to read: 
A To make loans to school administrative units for school repair and renovation. 
(1) The following repair and renovation needs receive Priority 1 status: 
(a) Repair or replacement of a roof on a school building; 
(b) Bringing a school building into compliance with the federal Americans 
with Disabilities Act, 42 United States Code, Section 12101 et seq.; 
( c) Improving air quality in a school building; 
( d) Removing or abating hazardous materials in a school building, including, 
but not limited to, water lead abatement or mitigation pursuant to Title 22, 
section 2604-B; and 
(f) Undertaking other health, safety and compliance repairs. 
(2) Repairs and improvements related to a school building structure, windows 
and doors and water or septic systems, other than water lead abatement or 
mitigation pursuant to Title 22, section 2604-B, receive Priority 2 status. 
(3) Repairs and improvements related to energy and water conservation receive 
Priority 3 status. 
(4) Upgrades oflearning spaces in school buildings receive Priority 4 status. 
(5) The Commissioner of Education may approve other necessary repairs; 
Sec. 3. Rules. The Department of Health and Human Services shall provisionally 
adopt rules to implement the lead testing requirements under the Maine Revised Statutes, 
Title 22, section 2604-B and submit those rules to the Legislature for review no later than 
5:00 p.m. on January 11, 2019. In adopting rules to implement Title 22, section 2604-B, 
the department shall consider the United States Environmental Protection Agency's 
recommendations contained in the most recent version of the document titled 
113Ts for 
Reducing Lead in Drinking Water in Schools.
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. It 
requires all schools to test water used for drinking or culinary purposes for lead using 
water testing kits or by submitting samples of water to an approved laboratory for lead 
COMMITTEE AMENDMENT 
~ 
COMMITTEE AMENDMENT" A. "to S.P. 20, L.D. 40 
testing. It directs the Department of Health and Human Services to establish by major 
substantive rule the acceptable water lead levels, testing protocols, appropriate abatement 
and mitigation methods and public notification requirements. It directs the department to 
provisionally adopt major substantive rules and submit them to the Legislature no later 
than 5:00 p.m. on January 11, 2019. It provides that the department has the authority to 
issue an order reducing exposure to lead and protecting public health until the elevated 
water lead levels are mitigated or abated. It provides that water lead abatement or 
mitigation efforts will receive Priority 1 status for receipt of funds from the School 
Revolving Renovation Fund in the custody of the Maine Municipal Bond Bank. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/07 /18 frac;.. 
LD40 
LR 132(02) 
An Act To Strengthen Requirements for Water Testing for Schools 
Fiscal Note for Bill as Amended by Committee Amendment 'pt ( <;- l/bu) 
Committee: Health and Human Services 
State Mandates 
Required Activity 
Fiscal Note Required: Yes 
Fiscal Note 
State Mandate - Exempted 
Requires all public and private schools approved for tuition purposes to test water 
used for drinking or culinary purposes for lead using water testing kits or by 
submitting water samples to an approved laboratory for lead testing. 
Unit Affected 
School 
Local Cost 
Significant 
statewide 
Pursuant to the Mandate Preamble, the two-thirds vote of all members elected to each House exempts the State from 
the constitutional requirement to fund 90% of the additional costs. 
Correctional and Judicial Impact State_ments 
Establishes new civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Elevating the priority of water lead abatement or mitigation from a "Priority 2" status to a "Priority I" status for the 
use of loans that school administrative units may receive from the School Revolving Renovation Fund for school 
repairs and renovations may result in less funds being available for loans for other eligible projects. 
The Department of Health and Human Services (DHHS) anticipates that expenditures would increase due to an 
increased number of water tests. These costs would be offset by an increase in revenue from the charge for each test. 
The exact amount of these increases cannot be determined at this time. 
LR0132(02) - Fiscal Note - Page 1 of 1