An Act to Require the Department of Environmental Protection to Pay for Certain Water Tests for Perfluoroalkyl and Polyfluoroalkyl Substances
Maine Legislature, Session 131, LD 0188
Committee: Environment and Natural Resources
Sponsors: LIBBY, POMERLEAU
Amends: 38 MRSA §413

Legislative Document
No. 188
S.P. 92
In Senate, January 13, 2023
An Act to Require the Department of Environmental Protection to 
Pay for Certain Water Tests for Perfluoroalkyl and Polyfluoroalkyl 
Substances
(EMERGENCY)
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator LIBBY of Cumberland.
Cosponsored by Representative POMERLEAU of Standish.
Emergency preamble.  Whereas, acts and resolves of the Legislature do not 
become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, Public Law 2021, chapter 641 authorized the Department of Environmental 
Protection to require a person licensed to discharge wastewater to sample effluent 
discharged for perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS; and
Whereas, pursuant to that law, the department may require that the costs of such 
sampling and testing, which can be substantial, are to be paid by the person licensed to 
discharge wastewater; and
Whereas, to reduce the economic burden on these licensees while continuing to 
prevent further contamination of the soils and waters of the State from PFAS, it is necessary 
for the State to pay for the cost of such testing when the department requires it; and
Whereas, this legislation must take effect before the expiration of the 90-day period 
to immediately protect these licensees from that economic burden; 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.  38 MRSA §413, sub-§12, as enacted by PL 2021, c. 641, §1, is amended to 
read:
12.  Sampling for perfluoroalkyl and polyfluoroalkyl substances.  Notwithstanding 
section 414‑A or any other provision of law to the contrary, the department by written 
notification may require a person licensed by the department to discharge wastewater to 
groundwater or any waters of the State to sample the effluent discharged for perfluoroalkyl 
and polyfluoroalkyl substances and to report the sample data to the department.  Upon 
receipt of the written notification and as directed by the department, the person shall 
conduct the required sampling of the effluent for perfluoroalkyl and polyfluoroalkyl 
substances and report the sample data to the department.  If the department requires a 
person to conduct effluent sampling in accordance with this subsection, all costs associated 
with the sampling and testing of samples must be paid by the department.
As used in this subsection, "perfluoroalkyl and polyfluoroalkyl substances" has the same 
meaning as in Title 32, section 1732, subsection 5‑A.
Emergency clause.  In view of the emergency cited in the preamble, this legislation 
takes effect when approved.
SUMMARY
This bill amends the waste discharge licensing laws to provide that, if the Department 
of Environmental Protection requires a person licensed to discharge wastewater to sample 
the effluent discharged for perfluoroalkyl and polyfluoroalkyl substances, all costs 
associated with the sampling and testing of samples must be paid by the department.