An Act To Protect Drinking Water for Low-income Maine Residents”
Maine Legislature, Session 129, LD 1943
Committee Amendment CA_A_H841 (House)
Amends: 22 MRSA §2602-A, 22 MRSA §2660-U, 22 MRSA §2660-W

COMMITTEE AMENDMENT “      ” to H.P. 1387, L.D. 1943, “An Act To Protect 
Drinking Water for Low-income Maine Residents”
Amend the bill by striking out everything after the enacting clause and inserting the 
following:
'Sec. 1.  22 MRSA §2602-A, sub-§2, as amended by PL 1991, c. 499, §3 and 
affected by §26, is further amended to read:
2.  Fees.  The Except as provided in subsection 3, the department shall charge the 
average cost of the analysis for an examination, testing or analysis of private residential 
water supplies requested under this chapter.  These fees must be recalculated and deposited 
according to section 565, subsection 3 and section 568, provided except that the fee charged 
for testing a private residential water supply may not exceed $150 when:
A.  In the opinion of the department, initial testing or screening performed at the 
expense of the owner indicates the need for additional testing at a cost in excess of 
$150 to determine whether that water supply contains contaminants potentially 
hazardous to human health and that additional testing is essential to the maintenance 
of public health; or
B.  In the opinion of the department, there is reason to suspect that a private residential 
water supply may be affected by contamination potentially hazardous to human health 
and that additional testing is essential to the maintenance of public health.  In making 
such a determination, the department shall consider the following:
(1)  The proximity of the private residential water supply to a known or suspected 
source of contamination;
(2)  The proximity of the private residential water supply to another private well or 
water supply known to be contaminated;
(3)  Information provided in writing to the department by a physician who has seen 
or treated a person and who has identified contaminated drinking water as a 
possible cause of the person's condition or symptoms; or
COMMITTEE AMENDMENT “      ” to H.P. 1387, L.D. 1943
COMMITTEE AMENDMENT
(4)  Information provided by the owner or a user of the private residential water 
supply voluntarily or in response to questions asked by personnel of the 
department.
The department may waive all fees incurred in connection with the testing of a private 
residential water supply upon a showing of indigency.
Sec. 2.  22 MRSA §2602-A, sub-§3 is enacted to read:
3.  Well water testing for low-income residents.  Within available resources, the 
department shall establish and maintain a program through the Health and Environmental 
Testing Laboratory to provide free well water testing for low-income residents of the State.  
The department shall develop a targeted mailing campaign in order to implement this 
program.  Well water tests offered through this program must consist of a comprehensive 
test for contaminants and radon developed in accordance with section 2660-T.  The 
department may not require justification for the testing from a geologist or a physician for 
a person to receive well water tests through this program.  The department may not collect 
a fee, otherwise permitted under section 2660-U, on well water tests provided under this 
program.
Sec. 3.  22 MRSA §2660-U, first ¶, as amended by PL 2017, c. 475, Pt. C, §7, is 
further amended to read:
The Except as provided in section 2602-A, subsection 3, 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-W and used for the purpose of increasing testing of 
residential private drinking water wells.  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.
Sec. 4.  22 MRSA §2660-W, sub-§3, ¶B, as enacted by PL 2017, c. 230, §3, is 
amended to read:
B.  For educational outreach programs consistent with section 2660-V; and
Sec. 5.  22 MRSA §2660-W, sub-§3, ¶C, as enacted by PL 2017, c. 230, §3, is 
amended to read:
C.  To defray the department's costs in administering this subchapter and in waiving 
fees under section 2602-A, subsection 2.; and
Sec. 6.  22 MRSA §2660-W, sub-§3, ¶D is enacted to read:
D.  To implement the program established pursuant to section 2602-A, subsection 3 to 
provide free well water testing for low-income residents.
Sec. 7.  22 MRSA §2660-W, sub-§4, as enacted by PL 2017, c. 230, §3, is amended 
to read:
4.  Expenditures.  The division of environmental health within the department shall 
expend funds with the review and advice of an advisory committee established by the 
COMMITTEE AMENDMENT “      ” to H.P. 1387, L.D. 1943
COMMITTEE AMENDMENT
department.  The advisory committee must include representatives from at least 2 
laboratories certified pursuant to section 567.  Preference in expending 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.
Sec. 8.  Report.  No later than January 1, 2022, the Department of Health and Human 
Services shall report to the joint standing committee of the Legislature having jurisdiction 
over health and human services matters regarding the program established pursuant to the 
Maine Revised Statutes, Title 22, section 2602-A, subsection 3 to provide free 
comprehensive well water tests to low-income residents of the State.  The report must 
include but is not limited to an update on the implementation of the program, the efforts to 
increase testing of well water, the response rate of the program and the results of the well 
water tests conducted under the program.  The joint standing committee may submit 
legislation to the Second Regular Session of the 130th Legislature regarding the program.
Sec. 9.  Appropriations and allocations.  The following appropriations and 
allocations are made.
HEALTH AND HUMAN SERVICES, DEPARTMENT OF
Maine Center for Disease Control and Prevention 0143
Initiative: Provides funding to the Department of Health and Human Services to establish 
and maintain a program through the Maine Center for Disease Control and Prevention's 
Health and Environmental Testing Laboratory offering free well water testing for low-
income residents of the State.
GENERAL FUND
2019-20
2020-21
   All Other
$0
$51,487
__________
__________
GENERAL FUND TOTAL
$0
$51,487
'
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively.
SUMMARY
This amendment, which is the unanimous report of the committee, replaces the bill.  
The amendment provides for the establishment of a well water testing program within the 
Department of Health and Human Services to provide free comprehensive well water tests, 
within available resources, to low-income residents of Maine.  It provides an ongoing 
appropriation of $51,487 to establish and maintain this program.  It also allows the program 
to be funded through the Private Well Safe Drinking Water Fund.  It directs the department 
to report to the joint standing committee of the Legislature having jurisdiction over health 
and human services matters regarding the program.  The joint standing committee may 
submit legislation to the Second Regular Session of the 130th Legislature regarding the 
program.  The amendment also removes a reference in current law to the division of 
environmental health within the department.
FISCAL NOTE REQUIRED
(See attached)
Approved: 03/14/20
LD 1943
LR 3073(02)
FY 2019-20
FY 2020-21
Projections 
FY 2021-22
Projections 
FY 2022-23
Net Cost (Savings)
General Fund
$0
$51,487
$51,487
$51,487
Appropriations/Allocations
General Fund
$0
$51,487
$51,487
$51,487
Fiscal Detail and Notes
Fiscal Note
The bill includes General Fund appropriations to Department of Health and Human Services of $51,487 in fiscal year 
2020-21 to establish and maintain a program through the Maine Center for Disease Control Health and Environmental 
Testing Laboratory offering free well water testing for low-income residents of the State.
An Act To Protect Drinking Water for Low-income Maine Residents
Fiscal Note for Bill as Amended by Committee Amendment " "
Committee: Health and Human Services
Fiscal Note Required: Yes
LR3073(02) - Fiscal Note - Page 1 of 1