An Act To Strengthen Testing for Lead in School Drinking Water
Maine Legislature, Session 129, LD 0153
Committee: Health and Human Services
Sponsors: MILLETT, MADIGAN, BREEN, CLAXTON, VITELLI, CRAVEN, HYMANSON
Amends: 22 MRSA §2604-B, 30-A MRSA §6006-F

Legislative Document
No. 153
S.P. 40
In Senate, January 17, 2019
An Act To Strengthen Testing for Lead in School Drinking Water
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator MILLETT of Cumberland.
Cosponsored by Representative MADIGAN of Waterville and
Senators: BREEN of Cumberland, CLAXTON of Androscoggin, SANBORN, L. of 
Cumberland, VITELLI of Sagadahoc, Representatives: CRAVEN of Lewiston, HYMANSON 
of York.
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; abatement or mitigation methods; procedures for the issuance of 
an order to reduce exposure to lead; and public notification requirements.  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 
defined in Title 5, chapter 375, subchapter 2-A.
3.  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.
Sec. 2.  30-A MRSA §6006-F, sub-§3, ¶A, as amended by PL 2017, c. 389, §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, including 
installations or improvements necessary to increase school facility security.
(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 of learning 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 10, 2020.  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 "3Ts for 
Reducing Lead in Drinking Water in Schools and Child Care Facilities."
SUMMARY
This bill 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 testing.  It directs the Department of Health and Human Services to establish by 
major substantive rule 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 10, 2020.  It provides that the department has the authority to 
issue an order reducing exposure to lead until the elevated water lead levels are abated or 
mitigated.  It provides that water lead abatement or mitigation efforts will receive Priority 
status for receipt of funds from the School Revolving Renovation Fund in the custody 
of the Maine Municipal Bond Bank.