An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to Provide Additional Funding
Maine Legislature, Session 131, LD 1537
Committee: Environment and Natural Resources
Sponsors: INGWERSEN, GRAMLICH, BENNETT, BRENNER, MEYER, PLUECKER, SAYRE
Amends: 38 MRSA §1614

Legislative Document
No. 1537
S.P. 610
In Senate, April 5, 2023
An Act to Amend the Laws Relating to the Prevention of 
Perfluoroalkyl and Polyfluoroalkyl Substances Pollution and to 
Provide Additional Funding
Reference to the Committee on Environment and Natural Resources suggested and ordered 
printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Cosponsored by Representative GRAMLICH of Old Orchard Beach and
Senators: BENNETT of Oxford, BRENNER of Cumberland, Representatives: MEYER of 
Eliot, PLUECKER of Warren, SAYRE of Kennebunk.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  38 MRSA §1614, sub-§2, ¶A, as enacted by PL 2021, c. 477, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
A.  Beginning January October 1, 2023, a manufacturer of a product for sale in the 
State that contains intentionally added PFAS shall submit to the department a written 
notification that includes:
(1)  A brief description of the product, including estimated annual sales volume in 
the State or nationally;
(2)  The purpose for which PFAS are used in the product, including in any product 
components;
(3)  The amount of each of the PFAS, identified by its chemical abstracts service 
registry number or in the absence of this number a description approved by the 
department, in the product, reported as an exact quantity, or as the amount of total 
organic fluorine if the amount of each PFAS compound is not known, determined 
using commercially available analytical methods or based on information provided 
by a supplier as falling within a range approved for reporting purposes by the 
department;
(4)  The name and address of the manufacturer, and the name, address and phone 
number of a contact person for the manufacturer; and
(5)  Any additional information established by the department by rule as necessary 
to implement the requirements of this section.
Sec. 2.  38 MRSA §1614, sub-§4, as enacted by PL 2021, c. 477, §1 and reallocated 
by RR 2021, c. 1, Pt. A, §54, is amended to read:
4.  Exemptions.  The following are exempt from this section:
A.  A product for which federal law governs the presence of PFAS in the product in a 
manner that preempts state authority; and
B.  A product subject to that is a package as defined in Title 32, chapter 26‑A or 26‑B. 
section 1732, subsection 4; and
C.  A manufacturer with less than $20,000,000 in national annual sales of products, 
except that this exemption does not apply to any prohibitions under subsection 5.
Sec. 3.  38 MRSA §1614, sub-§5, ¶C, as enacted by PL 2021, c. 477, §1 and 
reallocated by RR 2021, c. 1, Pt. A, §54, is amended to read:
C.  The department may by rule identify products by category or use that may not be 
sold, offered for sale or distributed for sale in this State if they contain intentionally 
added PFAS. Not later than January 1, 2025 and every year thereafter until December 
31, 2029, the department shall adopt a rule identifying at least one product category or 
use that may not be sold, offered for sale or distributed in this State if it contains 
intentionally added PFAS. The department shall prioritize the prohibition of the sale of 
product categories that, in the department's judgment, are most likely to cause 
contamination of the State's land or water resources if they contain intentionally added 
PFAS.  Products in which the use of PFAS is a currently unavoidable use as determined 
by the department may be exempted by the department by rule except that, prior to 
January 1, 2028, such a determination may not be made unless the department has 
adopted rules that identify a relevant related product category or use for sales 
prohibitions as authorized by this paragraph.  The department may not prohibit the sale 
or resale of used products.
Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 
5, chapter 375, subchapter 2‑A.
Sec. 4.  Appropriations and allocations.  The following appropriations and 
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Remediation and Waste Management 0247
Initiative: Provides allocations for one Toxicologist position and associated costs.
OTHER SPECIAL REVENUE FUNDS
2023-24
2024-25
POSITIONS - LEGISLATIVE COUNT
1.000
1.000
Personal Services
$105,063
$110,595
All Other
$4,750
$4,750
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$109,813
$115,345
Remediation and Waste Management 0247
Initiative: Provides allocations for expenditures related to implementation of the Maine 
Revised Statutes, Title 38, section 1614.
OTHER SPECIAL REVENUE FUNDS
2023-24
2024-25
All Other
$269,606
$269,606
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$269,606
$269,606
Remediation and Waste Management 0247
Initiative: Provides allocations for one Environmental Specialist IV position and associated 
costs.
OTHER SPECIAL REVENUE FUNDS
2023-24
2024-25
POSITIONS - LEGISLATIVE COUNT
1.000
1.000
Personal Services
$110,034
$116,096
All Other
$4,750
$4,750
__________
__________
OTHER SPECIAL REVENUE FUNDS TOTAL
$114,784
$120,846
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF
DEPARTMENT TOTALS
2023-24
2024-25
OTHER SPECIAL REVENUE FUNDS
$494,203
$505,797
__________
__________
DEPARTMENT TOTAL - ALL FUNDS
$494,203
$505,797
Sec. 5.  Retroactivity. That section of this Act that amends the Maine Revised 
Statutes, Title 38, section 1614, subsection 2, paragraph A applies retroactively to January 
1, 2023.
SUMMARY
This bill extends the deadline for reporting the use of perfluoroalkyl and 
polyfluoroalkyl substances, or PFAS, in products for sale until October 1, 2023. The bill 
authorizes reporting the amount of total organic fluorine if the amount of each PFAS 
compound is not known and allows the amount of PFAS to be reported based on 
information provided by a supplier rather than testing. The bill clarifies the packaging 
exemption and exempts manufacturers with less than $20,000,000 in annual national sales 
from the PFAS reporting requirements but not from any sales prohibitions. It requires the 
Department of Environmental Protection, not later than January 1, 2025 and every year 
thereafter until December 31, 2029, to adopt a rule identifying at least one product category 
or use that may not be sold, offered for sale or distributed in this State if it contains 
intentionally added PFAS. It prohibits the department prior to January 1, 2028 from 
providing an exemption for products in which the use of PFAS is a currently unavoidable 
use unless the department has adopted rules that identify a relevant related product category 
or use for a sales prohibition. The bill includes an appropriations and allocations section to 
provide funding for 2 positions and expenditures related to the implementation of the laws 
governing products containing perfluoroalkyl and polyfluoroalkyl substances.