An Act To Strengthen Testing for Lead in School Drinking Water
Maine Legislature, Session 129, LD 0153
Committee Amendment CA_A_S84 (Senate)
Amends: 22 MRSA §2604-B

COMMITTEE AMENDMENT "A " to S.P. 40, L.D. 153, Bill, "An Act To 
Strengthen Testing for Lead in School Drinking Water" 
Amend the bill by striking out all of section 1 and inserting the following: 
'Sec. 1. 22 MRSA §2604-B is enacted to read: 
§2604-B. Schools, sampling and examination of water for lead 
1. 
Definition. As used in this section, unless the context otherwise indicates, 
"school" means a private school as defined in Title 20-A, section 1, subsection 22 or a 
public school as defined in Title 20-A, section 1, subsection 24. 
2. Lead testing. To the extent the department provides the necessary resources to a 
school so that the school is not required to expand or modify its activities so as to 
necessitate additional expenditures from local revenue, 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. If the water is found to violate the water lead levels established by 
the department, the department shall issue specific guidance to the school on reducing 
exposure to lead according to procedures established by the department pursuant to 
subsection 3. 
3. 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; abatement or mitigation methods; procedures for the issuance of 
guidance to reduce exposure to lead; and public notification procedures. In adopting 
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 defmed in Title 
5, chapter 375, subchapter 2-A. 
4. Implementation. In implementing this section, the department: 
COMMITTEE AMENDMENT 
COMMITTEEAMENDMENT"A "toS.P.40,L.D.153 
A. May not require a school to expand or modify its activities so as to necessitate 
additional expenditures from local revenue; and 
B. 
Within existing resources, to the maximum extent possible, shall provide 
resources to schools in order to achieve the purposes of this section. If the 
department determines that sufficient resources are unavailable to a school in order to 
achieve the purposes of this section, the department shall seek to identify alternative 
means to achieve the purposes of this section. 
5. Reports. By January 1, 2021 and annually thereafter, the department shall submit 
a report to the joint standing committee of the Legislature having jurisdiction over health 
and human services matters on the number of schools tested for lead, whether the 
department issued specific guidance to any schools to reduce exposure to lead, the 
number of schools that engaged in abatement or mitigation and the methods of abatement 
or mitigation used.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
Su.:t\11\iARY 
This amendment, which is the majority report of the committee, amends the bill to 
provide that the State is not establishing a mandate on school administrative units. It 
provides that a school must test water used for drinking or culinary purposes for lead to 
the extent the Department of Health and Human Services provides the necessary 
resources to the school so that the school is not required to expand or modify its activities 
so as to necessitate additional expenditures from local revenue. It directs the department 
to adopt rules regarding testing and guidance to reduce exposure to lead but provides that 
the department may not require a school to expand or modify its activities so as to 
necessitate additional expenditures from local revenue in implementing the rules. It 
further provides that the department may provide resources to schools within its existing 
resources or identify alternative means to achieve the purposes of the legislation. It 
requires the Department of Health and Human Services to report annually beginning 
January 1, 2021 on lead testing in schools. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: 04/10/19 feac 
LD 153 
LR 151(02) 
An Act To Strengthen Testing for Lead in School Drinking Water 
Fiscal Note for Bill as Amended by Committee Amendment 1/-l"lj-<isl/J 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Resources or alternative means to be provided to local schools 
This bill requires the Department of Human Services (DHHS) to adopt rnles for schools related to water lead, 
including but not limited to, establishing water lead levels; testing protocols, including the frequency of testing; 
abatement or mitigation methods; procedures for guidance to reduce exposure; and public notification. Schools are 
required to test water used for d1inking or culinary purposes only to the extent that the DHHS provides the necessary 
resources to ensure that schools do not incur additional expenditures from local revenue. The DHHS has indicated it 
can provide water testing kits and related laboratory analyses for the schools within its currently budgeted resources. 
For any additional costs arising from discovery oflead in water, potentially including abatement and mitigation, the 
bill requires that DHHS must, to the maximum extent possible, provide resources to schools or seek to identify 
alternative means to achleve the bill's purposes. No additional funding is provided in the bill at this time. 
LR0151(02) - Fiscal Note - Page 1 of 1