An Act To Restrict the Use of Perfluoroalkyl and Polyfluoroalkyl Substances in Firefighting Foam
Maine Legislature, Session 130, LD 1505
Committee: Environment and Natural Resources
Sponsors: GRAMLICH, BENNETT, DOUDERA, GROHOSKI, ZEIGLER
Amends: 38 MRSA §424-C

Legislative Document
No. 1505
H.P. 1115
House of Representatives, April 15, 2021
An Act To Restrict the Use of Perfluoroalkyl and Polyfluoroalkyl 
Substances in Firefighting Foam
Received by the Clerk of the House on April 13, 2021.  Referred to the Committee on 
Environment and Natural Resources 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 BENNETT of Oxford and
Representatives: DOUDERA of Camden, GROHOSKI of Ellsworth, ZEIGLER of Montville.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §424-C is enacted to read:
§424-C.  Perfluoroalkyl and polyfluoroalkyl substances in firefighting or fire-
suppressing foam
1.  Discharge prohibited.  On or after January 1, 2022, a person, local government or 
state agency may not discharge or cause to be discharged firefighting or fire-suppressing 
foam to which perfluoroalkyl and polyfluoroalkyl substances have been added for testing 
or training, unless the foam is entirely collected for proper disposal. For purposes of this 
section, “perfluoroalkyl and polyfluoroalkyl substances” has the same meaning as in Title 
32, section 1732, subsection 5-A.
2.  Manufacture, sale and distribution prohibited.  On or after January 1, 2022, a 
manufacturer of a firefighting or fire-suppressing foam may not knowingly manufacture, 
sell, offer for sale, distribute for sale or distribute for use a foam to which perfluoroalkyl 
and polyfluoroalkyl substances have been intentionally added. 
3.  Exception.  Subsection 2 does not apply to any manufacture, sale or distribution of 
firefighting foam where the inclusion of perfluoroalkyl and polyfluoroalkyl substances is 
required by federal law or regulation, including the requirements of 14 Code of Federal 
Regulations, Section 139.317 as that section existed on January 1, 2021. If an applicable 
federal law or regulation under this subsection changes after January 1, 2021 to allow the 
use of alternative firefighting agents that do not contain perfluoroalkyl and polyfluoroalkyl 
substances, subsection 2 applies to any manufacture, sale or distribution of firefighting 
foam to which perfluoroalkyl and polyfluoroalkyl substances have been intentionally 
added.
4.  Report.  A person that discharges or causes to be discharged firefighting or fire-
suppressing foam to which perfluoroalkyl and polyfluoroalkyl substances have been 
intentionally added into or upon any coastal waters, estuary, tidal flat, beach or land 
adjoining the seacoast of the State or into or upon any lake, pond, river, stream, sewer, 
surface water drainage, groundwater or other waters of the State or any public or private 
water supply or onto land adjacent to, on or over such waters of the State shall report the 
discharge to the department as soon as practicable, but no later than 24 hours after the 
discharge occurs.
Sec. 2.  Notice.  By January 1, 2022, a manufacturer of firefighting or fire-suppressing 
foam restricted under the Maine Revised Statutes, Title 38, section 424-C, subsection 2 
shall notify, in writing, a person that sells the manufacturer's products in the State of the 
provisions of this Act.
Sec. 3.  Recall.  By January 1, 2022, a manufacturer that produces, sells or distributes 
firefighting or fire-suppressing foam prohibited under the Maine Revised Statutes, Title 38, 
section 424-C, subsection 2 shall recall the firefighting or fire-suppressing foam and 
reimburse the retailer or any other purchaser for the foam.
Sec. 4.  Framework; report.  The Department of Environmental Protection shall, 
in collaboration with the Department of Defense, Veterans and Emergency Management, 
Maine Emergency Management Agency and interested parties, develop a framework for 
the collection and safe storage of firefighting and fire-suppressing foam prohibited under 
the Maine Revised Statutes, Title 38, section 424-C, subsection 2 and not returned to the 
manufacturer until the foam can be safely disposed of. The department shall submit a report 
to the Joint Standing Committee on Environment and Natural Resources by March 31, 2022 
that includes a proposed framework and suggested legislation. The Joint Standing 
Committee on Environment and Natural Resources may report out a bill based upon the 
report to the Second Regular Session of the 130th Legislature.
SUMMARY
This bill prohibits, beginning January 1, 2022, the discharge of firefighting or fire-
suppressing foam to which perfluoroalkyl and polyfluoroalkyl substances have been added 
when used for testing or training except when the foam is entirely collected for proper 
disposal.  The bill also prohibits, beginning January 1, 2022, the manufacture, sale and 
distribution of such foam unless federal law requires the inclusion of perfluoroalkyl and 
polyfluoroalkyl substances in the foam. If federal law is changed to allow an alternative to 
firefighting or fire-suppressing foam to which perfluoroalkyl and polyfluoroalkyl 
substances have been added, then the foam may not be manufactured, sold or distributed. 
A person that discharges or causes to be discharged into the coastal or inland waters of the 
State firefighting or fire-suppressing foam to which perfluoroalkyl and polyfluoroalkyl 
substances have been added must notify the Department of Environmental Protection as 
soon as practicable but no more than 24 hours after the discharge. By January 1, 2022, 
manufacturers of firefighting or fire-suppressing foam to which perfluoroalkyl and 
polyfluoroalkyl substances have been added must notify their customers of these 
requirements and recall the foam and reimburse the retailer or other purchaser for the foam.  
The Department of Environmental Protection is directed to collaborate with the Department 
of Defense, Veterans and Emergency Management, Maine Emergency Management 
Agency and interested parties to develop a framework for the collection and safe storage 
of firefighting and fire-suppressing foam prohibited by this legislation and not returned to 
the manufacturer until the foam can be safely disposed of and submit a report including the 
framework to the Joint Standing Committee on Environment and Natural Resources by 
March 31, 2022.