An Act to Expand Testing for Perfluoroalkyl and Polyfluoroalkyl Substances to Private Drinking Water Wells
Maine Legislature, Session 131, LD 1488
Committee: Health and Human Services
Sponsors: OSHER
Amends: 22 MRSA §2601, 22 MRSA §2660-T, 22 MRSA §2660-Y, 33 MRSA §173

Legislative Document
No. 1488
H.P. 943
House of Representatives, April 5, 2023
An Act to Expand Testing for Perfluoroalkyl and Polyfluoroalkyl 
Substances to Private Drinking Water Wells
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative OSHER of Orono.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §2601, sub-§5-A is enacted to read:
5-A.  Perfluoroalkyl and polyfluoroalkyl substances.  "Perfluoroalkyl and 
polyfluoroalkyl substances" has the same meaning as in Title 32, section 1732, subsection 
5-A.
Sec. 2.  22 MRSA §2660-T, as enacted by PL 2017, c. 230, §3, is amended to read:
§2660-T.  Uniform testing recommendation; specified contaminants and properties
The department shall develop a uniform recommendation for the testing for specific 
contaminants or properties for which residential private drinking water wells should 
periodically be tested.  The uniform recommendation must specify contaminants or 
properties that should be included in the periodic testing, including but not limited to 
arsenic, bacteria, nitrates, nitrites, chloride, hardness, copper, iron, pH, sodium, lead, 
uranium, manganese, fluoride, perfluoroalkyl and polyfluoroalkyl substances and radon, 
unless the department determines that testing for a contaminant or property listed in this 
section is not necessary based on previous test results or credible scientific evidence.  The 
department or an entity that provides testing of or provides education or advertisements 
related to testing of a residential private drinking water well shall include the uniform 
recommendation developed by the department pursuant to this section in its written 
materials related to testing of a residential private drinking water well.
Sec. 3.  22 MRSA §2660-Y, as enacted by PL 2021, c. 483, Pt. BB, §7, is amended 
to read:
§2660-Y.  Landlord arsenic well water testing
Beginning January 1, 2022 and every 5 years thereafter, a landlord of a residential 
building shall test the water for arsenic and other contaminants or properties specified 
pursuant to section 2660-T in 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, within 10 days of 
notification of the results, 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, within 10 days of notification of the results, 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. 4.  33 MRSA §173, sub-§1, ¶E, as enacted by PL 1999, c. 476, §1, is amended 
to read:
E.  Whether the seller has experienced a problem such as an unsatisfactory water test 
or, a water test with notations or a water test that detects perfluoroalkyl and 
polyfluoroalkyl substances as defined in Title 32, section 1732, subsection 5-A;
Sec. 5.  Residential testing for perfluoroalkyl and polyfluoroalkyl 
substances.  No later than January 1, 2024, a landlord of a residential building with a 
water supply provided by a private drinking water well shall test the well water for 
perfluoroalkyl and polyfluoroalkyl substances. The landlord shall conduct testing under 
this section through a laboratory certified or accredited pursuant to the Maine Revised 
Statutes, Title 22, section 567 using the most recent analytical methods approved by the 
United States Environmental Protection Agency that quantifies the maximum amount of 
perfluoroalkyl and polyfluoroalkyl substances detected by the test. For purposes of this 
section, "perfluoroalkyl and polyfluoroalkyl substances" has the same meaning as in Title 
32, section 1732, subsection 5-A.
SUMMARY
This bill requires testing of well water for perfluoroalkyl and polyfluoroalkyl 
substances by a landlord of a residential building supplied by a private drinking water well. 
Under the bill, for residential property that uses a private water supply, the seller of that 
property is required to disclose a water test that indicates the presence of perfluoroalkyl 
and polyfluoroalkyl substances.  The bill also adds perfluoroalkyl and polyfluoroalkyl 
substances to the list of contaminants in the Department of Health and Human Services 
uniform testing recommendations for private drinking water wells.