An Act To Strengthen the Lead Poisoning Control Act
Maine Legislature, Session 129, LD 1116
Committee: Health and Human Services
Sponsors: LIBBY, MOONEN, GRATWICK, MOORE, BROOKS, CLOUTIER, HANDY, MELARAGNO, MORALES
Amends: 22 MRSA §1314-A, 22 MRSA §1317-D, 22 MRSA §1322-E, 22 MRSA §1322-F

Legislative Document
No. 1116
S.P. 336
In Senate, March 7, 2019
An Act To Strengthen the Lead Poisoning Control Act
(EMERGENCY)
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Androscoggin.
Cosponsored by Representative MOONEN of Portland and
Senators: GRATWICK of Penobscot, MOORE of Washington, Representatives: BROOKS of 
Lewiston, CLOUTIER of Lewiston, HANDY of Lewiston, MELARAGNO of Auburn, 
MORALES of South Portland.
Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, immediately amending the Lead Poisoning Control Act is required to 
ensure the safety of children; 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 §1314-A, as enacted by PL 1991, c. 810, §1, is amended to 
read:
§1314-A.  Goal
The goal of the State in the area of lead poisoning is to eradicate childhood lead 
poisoning by the year 2010 2030 through the elimination of potential sources of 
environmental lead.  By January 1, 1997 2025, the department shall submit a report to the 
joint standing committee of the Legislature having jurisdiction over human resource 
health and human services matters regarding progress made toward this goal.  The report 
must include any recommendations the department may have to revise the goal, along 
with any necessary legislation.
Sec. 2.  22 MRSA §1317-D, sub-§4, as enacted by PL 2001, c. 683, §3 and 
affected by §10, is amended to read:
4.  Testing of children not covered by MaineCare program.  The program must 
require the testing of blood lead levels of all children not covered by the MaineCare 
program at one year of age and 2 years of age unless, in the professional judgment of the 
provider of primary health care, in conjunction with the use of the lead poisoning risk 
assessment tool, the child's level of risk does not warrant a blood lead level test.  The 
drawing of blood for the testing may be done in the health care provider's office or may 
be referred to another laboratory.
Sec. 3.  22 MRSA §1322-E, sub-§3, ¶F, as amended by PL 2007, c. 628, Pt. A, 
§4, is further amended to read:
F.    Funding for educational programs and information for owners of rental property 
used for residential purposes; and
Sec. 4.  22 MRSA §1322-E, sub-§3, ¶G, as enacted by PL 2007, c. 628, Pt. A, 
§5, is amended to read:
G.  Implementation of the lead-safe housing registry by the Department of 
Environmental Protection pursuant to Title 38, chapter 12-B and achieving the goal 
of elimination of childhood lead poisoning risks in the State.; and
Sec. 5.  22 MRSA §1322-E, sub-§3, ¶H is enacted to read:
H.  Funding for dwelling unit inspections by the department under section 1320-A 
and funding for the department to order the removal of lead hazards under section 
1321, subsection 3.  No more than 50% of the fee collected pursuant to section 
1322-F may be allocated for the purposes of this paragraph.
Sec. 6.  22 MRSA §1322-F, sub-§1, as enacted by PL 2005, c. 403, §1, is 
amended to read:
1.  Fee imposed.  Beginning July 1, 2006, a A fee is imposed on manufacturers or 
wholesalers of paint sold in the State to support the Lead Poisoning Prevention Fund 
under section 1322-E.  The fee must be imposed at the manufacturer or wholesaler level, 
in the amount of 25¢ prior to July 1, 2019 and 50¢ beginning July 1, 2019 per gallon of 
paint estimated to have been sold in the State during the prior year, as determined by rule 
adopted by the department.
Sec. 7.  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: Makes permanent 5 limited-period Environmental Specialist III positions 
previously continued in Public Law 2017, chapter 284 through June 19, 2021 and 
provides funding for related All Other costs.
Emergency clause.  In view of the emergency cited in the preamble, this 
legislation takes effect when approved.
SUMMARY
This bill:
1.  Changes the year for the State's goal to eradicate childhood lead poisoning from 
2010 to 2030 and requires that a report on progress toward meeting that goal be submitted 
to the Legislature by January 1, 2025;
2.  Requires that all Maine children be tested for unsafe exposure to lead at one year 
of age and 2 years of age;
FUND FOR A HEALTHY MAINE
2019-20
2020-21
POSITIONS - LEGISLATIVE COUNT
5.000
5.000
Personal Services
$461,962
$489,175
All Other
$586,612
$587,235
FUND FOR A HEALTHY MAINE TOTAL
$1,048,574
$1,076,410
3.  Increases the lead poisoning prevention fee from 25¢ to 50¢ per gallon of paint 
and allows up to 50% of the fee to be used for mandated dwelling inspections and 
mandated orders to remove lead hazards; and
4.  Makes permanent 5 Environmental Specialist III positions created in 2015 and 
necessary to the operation of the lead poisoning risk assessment and blood lead level 
testing program.