An Act To Strengthen Requirements for Water Testing for Schools
Maine Legislature, Session 128, LD 0040
Committee: Education and Cultural Affairs
Sponsors: MILLETT, KORNFIELD, BREEN, DESCHAMBAULT, GRATWICK, LANGLEY, MAKER, DAUGHTRY, FARNSWORTH, PIERCE
Amends: 22 MRSA §2604, 22 MRSA §8402

Legislative Document
No. 40
S.P. 20
In Senate, January 10, 2017
An Act To Strengthen Requirements for Water Testing for Schools
(EMERGENCY)
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
printed.
HEATHER J.R. PRIEST
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative KORNFIELD of Bangor and
Senators: BREEN of Cumberland, DESCHAMBAULT of York, GRATWICK of Penobscot, 
LANGLEY of Hancock, MAKER of Washington, Representatives: DAUGHTRY of 
Brunswick, FARNSWORTH of Portland, PIERCE of Falmouth.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, testing the water in schools that are served by public water utilities is not 
required; and 
Whereas, old plumbing that contains lead soldering is often the cause of high lead 
levels; and 
Whereas, requiring testing of water in school buildings more than 10 years old 
served by public water systems is immediately necessary to ensure safe drinking water; 
and  
Whereas, in the judgment of the Legislature, these facts create an emergency within 
the meaning of the Constitution of Maine and require the following legislation as 
immediately necessary for the preservation of the public peace, health and safety; now, 
therefore, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §2604, as enacted by PL 1975, c. 751, §4, is amended to read: 
§2604.  Schools, sampling and examination of water; exemption 
Any school, which that takes water from a source other than a public water system 
and uses such water for drinking or culinary purposes, shall submit samples of such water 
to the department for analysis at least once during each school year. Such samples shall 
must be analyzed by the department. If the water is found to violate the state primary 
drinking water regulations, the department shall issue an order prohibiting the use of the 
water for drinking or culinary purposes by the school, which order shall must remain in 
force until the water conforms to the state primary drinking water regulations.  The 
department shall provide results of any analysis performed under this section to the 
Department of Education.  The Department of Education shall make the results available 
to the public upon request. 
The requirements of this section apply to a school that takes water from a public 
water system and uses that water for drinking or culinary purposes if the school building 
is more than 10 years old. 
Violation of this section shall is, on conviction, be punishable by a fine of not more 
than $500. 
Sec. 2.  22 MRSA §8402, sub-§3, ¶B, as amended by PL 2001, c. 645, §10, is 
further amended to read: 
B.    Drinking water that is taken from sources other than a public water system must 
pass a test for bacteria, nitrates and nitrites every year and must pass a partial 
chemical test every 4 years.  The provisions of this paragraph apply to a nursery 
school that takes drinking water from a public water system if the nursery school 
building is more than 10 years old.  A nursery school shall provide results of tests 
performed under this paragraph to the department.  The department shall make the 
results available to the public upon request. 
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved. 
SUMMARY 
Current law requires schools that take drinking water from sources other than public 
water systems to have that water tested.  This bill requires schools that take drinking 
water from public water systems to have the same tests performed on that water, except 
that school buildings less than 10 years old are exempt from this requirement.  Under the 
bill, after receiving results of school water tests, the Department of Education must make 
the results available to the public.  The Department of Health and Human Services must 
make test results from nursery schools available to the public.