An Act To Protect Drinking Water for Maine Residents
Maine Legislature, Session 130, LD 1570
Committee: Health and Human Services
Sponsors: GRAMLICH, HICKMAN, CRAVEN, WARREN, MAXMIN
Amends: 22 MRSA §2602-A, 22 MRSA §2660-U, 22 MRSA §2660-W, 22 MRSA §2660-Y

Legislative Document
No. 1570
H.P. 1167
House of Representatives, April 27, 2021
An Act To Protect Drinking Water for Maine Residents
Received by the Clerk of the House on April 23, 2021.  Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative GRAMLICH of Old Orchard Beach.
Cosponsored by Senator HICKMAN of Kennebec and
Representatives: CRAVEN of Lewiston, WARREN of Scarborough, Senator: MAXMIN of 
Lincoln.
Be it enacted by the People of the State of Maine as follows:
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
(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 shall 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.  The department shall establish and 
maintain a program through the Health and Environmental Testing Laboratory established 
in section 565 to provide free testing of the private residential water supplies of low-income 
residents of the State.  The department may not charge any fee or recover any cost as 
otherwise permitted by this chapter for a test of a private residential water supply performed 
for a low-income resident of the State under the program established by this subsection.
Sec. 3.  22 MRSA §2660-U, as amended by PL 2017, c. 475, Pt. C, §7, is further 
amended to read:
§2660-U.  Fees
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 subsections 2. and 3; 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 to provide free 
testing of private residential water supplies to low-income residents of the State.
Sec. 7.  22 MRSA §2660-Y is enacted to read:
§2660-Y.  Landlord arsenic testing
A landlord shall periodically test for arsenic each private drinking water well used to 
provide water to a tenant of the landlord.  The landlord shall conduct testing under this 
section through a laboratory certified or accredited pursuant to section 567 and shall 
promptly provide to each of the landlord's tenants the results of any test conducted under 
this section of the private drinking water well used to provide water to the tenant.  The 
landlord shall promptly notify any new tenant of the most recent results of a test conducted 
under this section on a private drinking water well that will be used to provide water to the 
tenant.
Sec. 8.  Maximum contaminant level for arsenic.  The provisions of this section 
apply to arsenic testing for community water systems.
1.  Interim maximum contaminant level for arsenic; reporting.  If a test of a 
community water system, as defined in Title 22, section 2660-B, subsection 2, conducted 
by a laboratory approved pursuant to Title 22, section 2607 detects the presence of arsenic 
at or above a concentration of 5 parts per billion, the laboratory shall report to the 
department an exceedance of the maximum contaminant level for arsenic in accordance 
with 10-144 C.M.R. Chapter 231, Section 6.
2.  Treatment.  If a laboratory reports an exceedance of the maximum contaminant 
level for arsenic within a community water system under this section to the department, the 
department shall direct the community water system to implement treatments or other 
remedies necessary to reduce the contaminant level of arsenic below 5 parts per billion.
3.  Enforcement.  The department may enforce the requirements of this section under 
Title 22, chapter 601, subchapter 2 and a person may appeal the acts or decisions of the 
department under this section in accordance with Title 22, chapter 601, subchapter 2-A.
4.  Rulemaking.  On or before December 31, 2021, the department shall, after 
consideration of recent research into the toxicity of arsenic and the acceptable levels of 
arsenic consumption, adopt a rule pursuant to Title 22, section 2611, subsection 1, 
paragraph B, subparagraph (1) to specify the maximum contaminant level for arsenic that 
is acceptable in water for human consumption.  Rules adopted pursuant to this subsection 
are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
5.  Repeal of interim maximum contaminant level for arsenic.  The interim 
maximum contaminant level for arsenic, reporting, treatment and enforcement 
requirements under this section are no longer in effect on the effective date of the rule 
adopted pursuant to subsection 4.
SUMMARY
This bill requires the Department of Health and Human Services to establish a program 
to provide free well water testing for low-income residents of the State to be conducted by 
the Health and Environmental Testing Laboratory.  The bill requires landlords to 
periodically test well water used by their tenants for arsenic and to disclose the results of 
those tests to their tenants.
The bill provides that the maximum contaminant level of arsenic that is acceptable in 
water for human consumption in a community water system is 5 parts per billion.  The bill 
requires the Department of Health and Human Services to consider recent research on the 
toxicity of arsenic and the acceptable level of consumption of arsenic and to adopt a rule 
to specify the maximum contaminant level of arsenic that is acceptable in water for human 
consumption on or before December 31, 2021.