An Act Relating to Perfluoroalkyl and Polyfluoroalkyl Substances Contamination in the State
Maine Legislature, Session 130, LD 2013
Committee Amendment CA_A_S523 (Senate)
Committee: the Fund To Address PF AS Contamination Sec
Amends: 5 MRSA §12004

COMMITTEE AMENDMENT" fl "to S.P. 729, L.D. 2013, "An Act Relating to 
Perfluoroalkyl and Polyfluoroalkyl Substances Contamination in the State" 
Amend the bill by inserting after the title and before the enacting clause the following: 
'Emergency preamble. Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and 
Whereas, the contamination of soil and water in the State from perfluoroalkyl and 
polyfluoroalkyl substances, or PFAS, poses a significant threat to the environment of the 
State and to the health of its citizens; and 
Whereas, the full extent of PF AS contamination in the State is not presently known 
but is anticipated to be widespread and to require a significant expenditure of resources to 
identify and remediate; and 
Whereas, all of the State's farm economy is being harmed by PF AS either directly or 
indirectly and the longer it takes to complete soil, water and food testing, the more 
uncertainty and turmoil will be felt across all of Maine's agricultural sector; and 
Whereas, farmland cannot be sold while under the cloud of contamination from so-
called forever chemicals, investments will not be made and consumer anxiety about the 
safety of local foods, whether justified or not, will only increase; and 
Whereas, all Maine agriculture is being and will be negatively affected until all 
possible PF AS contamination sites are identified and tested and food production is moved 
away from contaminated soil and 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, 
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therefore,' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A "to S.P. 729,L.D. 2013 (s~5L~) 
'Sec. 1. 5 MRSA §12004-1, sub-§2-H is enacted to read: 
2-H. 
Agriculture 
Advisory Committee on the Fund To 
Address PF AS Contamination 
Sec. 2. 7 MRSA c. 10-D is enacted to read: 
CHAPTER 10-D 
Expenses Only 
FUND TO ADDRESS PFAS CONTAMINATION 
§320-K. Fund To Address PFAS Contamination 
7MRSA 
§320-L 
1. Definitions. As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Advisory committee" means the Advisory Committee on the Fund To Address 
PFAS Contamination in section 320-L. 
B. "Agricultural land" has the same meaning as in section 32, subsection 2. 
C. "Commercial farm" means a farm that produces any farm product with the intent 
that the farm product be sold or otherwise disposed of to generate income. 
D. "Farm product" has the same meaning as in section 52, subsection 3-A. 
E. 
"Fund" means the Fund To Address PFAS Contamination established under 
subsection 2. 
F. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning 
as in Title 32, section 1732, subsection 5-A. 
G. "Septage" has the same meaning as in Title 38, section 1303-C, subsection 27. 
H. "Sludge" has the same meaning as in Title 38, section 1303-C, subsection 28-A. 
2. Fund established. The Fund To Address PF AS Contamination is established 
within the office of the commissioner as a nonlapsing account for the purposes specified in 
this chapter. 
3. Sources of the fund. The fund is funded from money accepted by the commissioner 
or allocated or appropriated by the Legislature, including funds stipulated for deposit in the 
fund as part of the terms of settlement of legal actions relating to PF AS contamination 
against corporations, partnerships or individuals. 
4. Purposes. Allocations from the fund may be made as determined by the department 
upon recommendation of the advisory committee and for the following purposes: 
A. Monitoring the health of a person, and members of that person's household, whose 
agricultural land is found to be contaminated by PF AS; 
B. Providing medical care to a person found to have blood levels of PF AS greater than 
the general population or health effects associated with exposure to PFAS; 
C. Relocating a commercial farm when the agricultural land of the farm is found to be 
contaminated by PF AS; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A-" to S.P. 729, L.D. 2013 ( $-· S ~~J 
D. Buying and selling agricultural land found to be contaminated by PF AS; 
E. Investing in equipment, facilities and infrastructure to ensure that a commercial 
farm with land found to be contaminated by PF AS maintains profitability while the 
commercial farm transitions to an alternative cropping system or implements 
remediation strategies, technological adaptations, solar development or other 
modifications to its operations in response to PF AS contamination; 
F. Assisting a commercial farm with land found to be contaminated by PF AS with 
developing enterprise budgets for alternative cropping systems, remediation strategies 
or technological adaptations or transitioning to alternative revenue streams, including 
but not limited to land use systems combining agricultural use of the land with solar 
energy production; 
G. Providing short-term assistance to a person whose commercial farm is found to be 
contaminated by PF AS, including but not limited to income replacement and mortgage 
payments; 
H. Evaluating the capacity of PF AS testing and data management in the State; 
I. Conducting research that supports short-term farm management decisions and 
assesses future options for viable uses of agricultural land that has been contaminated 
withPFAS; 
J. Conducting research that quantifies the impact of PF AS on commercial farms and 
agricultural communities in the State; 
K. Conducting research on soil and water remediation systems and the viability of 
those systems for commercial farms; 
L. Conducting research on alternative cropping systems, PF AS uptake of different 
crops, the use of livestock systems to mitigate exposure to and remediation of PF AS 
and food safety criteria for food products; 
M. Developing and implementing educational programs for landowners, including but 
not limited to determining best practices for informing residents about the potential of 
being near or on a site on which sludge or septage application was licensed or permitted 
by the State prior to 2019, and providing information and guidance on buying or selling 
agricultural lands that have had sludge or septage applied; 
N. 
Long-term monitoring of PF AS contaminated sites and establishing a 
corresponding centralized data repository; 
0. Establishing food safety criteria and guidance for farm products; 
P. Assisting commercial farms and others in the agricultural sector not directly affected 
by PF AS contamination with marketing efforts whose branding and marketing may be 
affected by public perception of PFAS contamination in the State; and 
Q. Regional planning with other states and the Federal Government to protect food 
supply and farmers in the State from out-of-state PF AS contamination. 
5. 
Administration. 
The department shall administer the fund allocations in 
accordance with a plan that establishes funding priorities, administration and oversight and 
with the review and advice of the advisory committee. The department may contract for 
professional services to carry out the purposes of this section. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. 729, L.D. 2013 ( S-S--:>-~} 
6. Rules. The department may adopt rules to implement this chapter. Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
7. Reports. Beginning March 1, 2023, and annually thereafter, the department shall 
submit a report on the plan under subsection 5 and on the uses of the fund to the joint 
standing committees of the Legislature having jurisdiction over agriculture, conservation 
and forestry, environment and natural resources and health and human services matters. 
The report must include information on the status of carrying out the purposes of the fund 
as described in subsection 4, additional needs identified by the agricultural community, 
what funds have been disbursed from the fund and for what purpose those funds were 
disbursed. The report must include the activities of the advisory committee, including, but 
not limited to, the number of meetings held, a summary of each meeting and 
recommendations for legislation from the advisory committee. 
§320-L. Advisory Committee on the Fund To Address PFAS Contamination 
The Advisory Committee on the Fund To Address PF AS Contamination is established 
pursuant to Title 5, section 12004-I, subsection 2-H to make recommendations to the 
department regarding administration of the fund and to report to the Legislature. In order 
to develop recommendations for the department, the advisory committee may form 
working groups that include and seek input from subject matter experts from the public and 
private sectors to deliberate issues relating to the purposes of the fund as described in 
section 320-K, subsection 4, including, but not limited to, health monitoring, short-term 
financial aid for farmers, research priorities, solar siting, long-term environmental 
monitoring and land acquisition. 
1. Membership. The advisory committee consists of: 
A. The commissioner or the commissioner's designee; 
B. The Commissioner of Environmental Protection or the commissioner's designee; 
C. The Commissioner of Health and Human Services or the commissioner's designee; 
D. The dean of the Maine Agricultural and Forest Experiment Station at the University 
of Maine, College of Natural Sciences, Forestry, and Agriculture or the dean of the 
University of Maine Cooperative Extension, appointed by the President of the 
University of Maine; 
E. One member of the public representing the financial sector and with expertise in 
agricultural fmance and lending, appointed by the commissioner; 
F. Five members of the public representing the agricultural sector, appointed by the 
commissioner; and 
G. One member of the public with expertise in public health, appointed by the 
commissioner. 
The 7 members of the public appointed by the commissioner serve on the advisory 
committee for terms of 3 years. Members may be appointed for consecutive terms. 
2. Reports. The advisory committee shall hold at least 2 public hearings annually to 
seek input from the public on efforts to meet the purposes of the fund. All proceedings of 
the advisory committee are public proceedings within the meaning of Title 1, chapter 13, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" fi "to S.P. 729, L.D. 2013 ($-) c.,~) 
subchapter 1. Notwithstanding Title 1, section 403, subsection 6, all records of proceedings 
of the advisory committee are public and subject to the requirements of Title 1, section 403, 
subsection 2. The advisory committee shall report to the Legislature annually, beginning 
March 1, 2023, on the input from subject matter experts under subsection 1 and members 
of the public on issues relating to the purposes and the use of the fund. 
Sec. 3. Initial plan priorities; programs. 
The Department of Agriculture, 
Conservation and Forestry, referred to in the section as "the department," shall develop and 
implement an initial plan that prioritizes funding and implementation of the following 
programs consistent with the purposes in the Maine Revised Statutes, Title 7, section 
320-K, subsection 4. The department shall seek public comment on a draft proposal before 
final adoption of the plan. For the purposes of this section, "PFAS," "commercial farm" 
and "agricultural land" have the same meanings as in Title 7, section 320-K, subsection 1. 
1. The department shall establish a program as soon as practicable to provide short-
term assistance to a person whose commercial farm is found to be contaminated by PF AS 
that may include income replacement and mortgage payments. 
2. 
The department may establish a program to fund long-term assistance for 
commercial farms with agricultural land that is found to be contaminated by PF AS. The 
program must address a range of alternative strategies including assisting farmers with 
investing in equipment, facilities and infrastructure to maintain profitability during a 
transition to alternative cropping systems, remediation strategies, technological 
adaptations, solar development or other modifications to its operations; purchasing 
agricultural land found to be contaminated by PF AS; assisting farmers with renegotiating 
mortgages and lines of credit; and assisting farmers whose land is found to be contaminated 
by PF AS with purchasing of alternative land. 
3. The department may establish, in coordination with the Department of Health and 
Human Services, Maine Center for Disease Control and Prevention, a PF AS medical 
monitoring and blood levels of PF AS testing program for persons whose drinking water or 
agricultural land is found to be contaminated by PF AS. If the department establishes a 
program under this subsection, the department may not require a person to show a present 
injury or disease to qualify for the program. 
A. In accordance with rules adopted by the department under Title 7, section 320-K, 
subsection 6, the program may include payment by the department for annual testing 
of blood levels of PF AS and related services and diagnostic evaluations for an affected 
person who does not have sufficient health coverage for testing under this paragraph 
and related services. The program must allow the drawing of blood for the testing in a 
health care provider's office or by a laboratory. The program must allow a blood 
sample taken by a health care provider or laboratory to test for blood levels of PF AS 
to be sent to a facility approved by the Department of Health and Human Services. 
B. The department may develop criteria for funding medical monitoring and health 
care for persons found to have blood levels of PF AS greater than the general population 
and when it is medically relevant to undergo periodic medical examination and health 
care. 
Sec. 4. Long-term plan for the administration of the funds. In implementing 
the Fund To Address PFAS Contamination, under the Maine Revised Statutes, Title 7, 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" /t "to S.P. 729,L.D. 2013 (5--57.....~ 
section 320-K, the Department of Agriculture, Conservation and Forestry shall, with the 
advice of the Advisory Committee on the Fund To Address PFAS Contamination: 
1. 
Review examples in other state, federal and international jurisdictions of 
compensatory, research or public health monitoring program parameters; 
2. Consult with experts and participants in similar programs; 
3. Consult with stakeholders affected by PFAS contamination by holding public 
hearings and receiving public comments; 
4. Develop methods for determining parameters of the fund components, including, 
but not limited to, determining fmancial assistance offerings, evaluating agricultural land 
valuation, establishing research priorities and assessing research proposals and establishing 
the need for and scope of long-term health monitoring and land monitoring, and offer 
recommendations to alter the fund components; 
5. Develop processes and criteria to be used to determine funding awards; 
6. Create a time frame for the implementation of the fund and for the consideration of 
applications for fund programs and issuance of payments, including, but not limited to, 
land appraisals and income tax statements; 
7. Recommend changes to the administration of the fund and corresponding programs 
to the Legislature, if necessary; 
8. Establish rules in accordance with Title 7, section 320-K, subsection 6 to ensure 
that applicants for fund programs are able to participate in the process; 
9. Assess where and how the fund would be best housed and operated within State 
Government in the future; and 
10. Take into consideration recommendations, including suggested legislation, of the 
advisory committee. 
Sec. 5. Advisory committee to consider findings and recommendations. By 
March 1, 2023, the Advisory Committee on the Fund To Address PFAS Contamination 
established in the Maine Revised Statutes, Title 7, section 320-L shall consider the 
Department of Agriculture, Conservation and Forestry February 4, 2022 report "Findings 
and Recommendations for a PFAS Study Plan Supporting L.D. 558" when developing 
advisory committee recommendations, including but not limited to funding for research, 
regarding administration of the Fund To Address PFAS Contamination. 
Sec. 6. Transfer to the Department of Agriculture, Conservation and 
Forestry, Office of the Commissioner program. Notwithstanding any provision of 
law to the contraiy, on or before May 1, 2022, the State Controller shall transfer 
$100,000,000 from the unappropriated surplus of the General Fund to the Department of 
Agriculture, Conservation and Forestry, Office of the Commissioner program, Fund To 
Address PF AS Contamination, Other Special Revenue Funds account for the purposes as 
provided under the Maine Revised Statutes, Title 7, section 320-K, subsection 4. 
Sec. 7. Advisory committee; initial terms. Notwithstanding the Maine Revised 
Statutes, Title 7, section 320-L, subsection 1, the Commissioner of Agriculture, 
Conservation and Forestry shall appoint initial public members to the Adviso1y Committee 
on the Fund To Address PFAS Contamination as follows: 2 members of the public for 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT"('+ "to S.P. 729, L.D. 2013 { 3,. ~~ 
2-year terms, 3 members of the public for 3-year terms and 2 members of the public for 
4-year terms. 
Sec. 8. 
Appropriations and allocations. The following appropriations and 
allocations are made. 
AGRICULTURE, CONSERVATION AND FORESTRY, DEPARTMENT OF 
Office of the Commissioner 0401 
Initiative: Provides allocation for one Public Service Manager III position and one Public 
Service Coordinator I position and associated All Other costs. 
OTHER SPECIAL REVENUE FUNDS 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
Office of the Commissioner 0401 
2021-22 
2.000 
$41,175 
$4,472 
$45,647 
2022-23 
2.000 
$257,038 
$1,776,148 
$2,033,186 
Initiative: Provides funding for initiatives to administer the Fund To Address PF AS 
Contamination and to address perfluoroalkyl and polyfluoroalkyl substances, or PF AS, 
contamination on agricultural land in the State. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
AGRICULTURE, CONSERVATION AND 
FORESTRY, DEPARTMENT OF 
DEPARTMENT TOTALS 
OTHER SPECIAL REVENUE FUNDS 
DEPARTMENT TOTAL-ALL FUNDS 
2021-22 
$0 
$0 
2022-23 
$97,921,167 
$97,921,167 
2021-22 
2022-23 
$45,647 
$99,954,353 
$45,647 
$99,954,353 
Amend the bill by adding before the summary the following: 
'Emergency clause. In view of the emergency cited in the preamble, this legislation 
takes effect when approved.' 
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Amend the bill by re lettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
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The amendment retains the following provisions of the bill. 
1. It establishes the Fund To Address PFAS Contamination within the Department of 
Agriculture, Conservation and Forestry and the corresponding Advisory Committee on the 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A-" to S.P. 729, L.D. 2013 { S-5 L~ 
Fund To Address PF AS Contamination to make recommendations to the department 
regarding administration of the fund. The bill authorizes the department to allocate funds 
upon recommendation of the advisory committee and for certain purposes, including but 
not limited to monitoring the health of a person, and members of that person's household, 
whose agricultural land is found to be contaminated by perfluoroalkyl and polyfluoroalkyl 
substances, or PF AS; buying and selling agricultural land found to be contaminated by 
PF AS; conducting research; funding for educational programs; and long-term monitoring 
of contaminated sites and establishing a corresponding centralized data repository. 
2. It authorizes the advisory committee to form working groups that include and seek 
input from subject matter experts from the public and private sectors to deliberate issues 
relating to the purposes of the fund, including but not limited to health monitoring, short-
term financial aid for farmers, research priorities, solar siting, long-term environmental 
monitoring and land acquisition. 
3. It provides one-time funding of $100,000,000 to address PFAS contamination on 
agricultural land in the State. 
The amendment makes the following changes to the bill. 
1. It provides that sources of the fund may include funds stipulated for deposit in the 
fund as part of the terms of settlement of legal actions relating to PF AS contamination 
against corporations, partnerships or individuals. 
2. It provides that allocations from the fund may be made for the following purposes: 
A. Providing medical care to a person found to have blood levels of PF AS greater than 
the general population or health effects associated with exposure to PF AS; 
B. Conducting research on alternative cropping systems, PFAS uptake of different 
crops, the use of livestock systems to mitigate exposure to or remediation of PFAS and 
food safety criteria for food products; 
C. Establishing food safety criteria and guidance for fatm products; 
D. Assisting commercial farms and others in the agricultural sector not directly 
affected by PF AS contamination with marketing efforts whose branding and marketing 
may be affected by public perception of PF AS contamination in the State; and 
E. Regional planning with other states and the Federal Government to protect food 
supply and farmers in the State from out-of-state PF AS contamination. 
3. It requires the department to submit an annual report to the Legislature that includes 
the status of meeting the purposes of the fund, additional needs identified by the agricultural 
community, what funds have been disbursed and for what purpose and an update on the 
activities of the advisory committee. 
4. It changes the composition of the advisory committee. The amendment also requires 
the advisory committee to hold at least 2 public hearings annually to seek input from the 
public on efforts to meet the purposes of the fund. The advisory committee is required to 
submit a report to the Legislature annually on input from subject matter experts and 
members of the public on issues relating to purposes and uses of the fund. 
5. It directs the department to develop and implement an initial plan that prioritizes 
funding and a long-term plan for the administration of the funds. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A-" to S.P. 729, L.D. 2013 (_s -5"2~ 
6. It adds an emergency preamble and emergency clause. 
7. It adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/04/22 feae 
LD 2013 
LR 2640(02) 
An Act Relating to Perfluoroalkyl and Polyfluoroalkyl Substances Contamination in the State 
Fiscal Note for Bill as Amended by Committee Amendment 'p~ LS-SL~ 
Committee: Agriculture, Conservation and Forestry 
, ) 
Fiscal Note Required: Yes 
Fiscal Note 
Projections FY 
FY 2021-22 
FY 2022-23 
2023-24 
Projections 
FY 2024-25 
Net Cost (Savings) 
General Fund 
$100,000,000 
$0 
$0 
$0 
Appropriations/Allocations 
Other Special Revenue Funds 
$45,647 
$99,954,353 
$2,042,683 
$2,051,9~-. 
Transfers 
General Fund 
Other Special Revenue Funds 
Fiscal Detail and Notes 
($100,000,000) 
$100,000,000 
$0 
$0 
$0 
$0 
$0 
$0 
This bill establishes the Fund to Address PF AS Contamination as a subaccount within the Department of Agriculture, 
Conservation and Forestry (ACF), Office of the Commissioner program. The bill also establishes the Advisory 
Committee on the Fund to Address PF AS Contamination within the ACF. The bill requires the State Controller to 
transfer $100,000,000 from the unappropriated surplus of the General Fund to the PFAS fund on or before May 1, 
2022. The bill includes allocations of $45,647 in fiscal year 2021-22 and $2,033,186 in fiscal year 2022-23 for one 
Public Service Manager III position, one Public Service Coordinator I position and associated costs. The bill also 
includes allocations of $97,921,167 in fiscal year 2022-23 to allow for additional expenditures related to PFAS 
contamination and other expenditures as recommended by the advisory committee or other costs as identified by ACF. 
Additional costs to the University of Maine System, the Department of Health and Human Services and the 
Department of Environmental Protection associated with participating on the advisory co1mnittee can be absorbed 
within existing budgeted resources. 
LR2640(02) - Fiscal Note - Page 1 of 1