An Act to Require Testing of Solar and Wind Energy Developments
Maine Legislature, Session 132, LD 0451
Committee: Energy, Utilities and Technology
Sponsors: PAUL

Legislative Document
No. 451
H.P. 305
House of Representatives, February 4, 2025
An Act to Require Testing of Solar and Wind Energy Developments 
for Perfluoroalkyl and Polyfluoroalkyl Substances Contamination
Reference to the Committee on Energy, Utilities and Technology suggested and ordered 
printed.
ROBERT B. HUNT
Clerk
Presented by Representative PAUL of Winterport.
Cosponsored by Representatives: FOSTER of Dexter, SOBOLESKI of Phillips, 
WADSWORTH of Hiram, Senator: HARRINGTON of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  35-A MRSA c. 44-A is enacted to read:
CHAPTER 44-A
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES TESTING 
FOR SOLAR AND WIND ENERGY DEVELOPMENTS
§4421.  Definitions
As used in this chapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Department.  "Department" means the Department of Environmental Protection.
2.  Operator.  "Operator" means the person operating a solar energy development or 
wind energy development.
3.  Perfluoroalkyl and polyfluoroalkyl substances.  "Perfluoroalkyl and 
polyfluoroalkyl substances" or "PFAS" has the same meaning as in Title 38, section 1614, 
subsection 1, paragraph F.  
4.  Solar energy development.  "Solar energy development" means a development 
that uses a solar energy system to convert solar energy to electrical energy for sale or use 
by a person other than the generator.  "Solar energy development" includes generating 
facilities and associated facilities.
5.  Wind energy development.  "Wind energy development" has the same meaning as 
in section 3451, subsection 11.
§4422.  PFAS contamination testing requirements; rules
In accordance with rules adopted by the department, the operator of a solar energy 
development or a wind energy development shall conduct testing for PFAS contamination 
at the development site.  Rules adopted by the department pursuant to this section are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A and must include, 
but are not limited to, the following provisions:
1.  Scope.  Requirements regarding the scope of testing to be conducted by the operator, 
including sampling and testing methods. The rules must require such testing to be 
conducted prior to development of a solar energy development or wind energy 
development, again after one year of operation of the development and every 5 years 
thereafter;
2.  Third-party analysis.  Requirements for the operator to contract for a 3rd-party 
analysis of any PFAS contamination discovered through testing to assess whether the 
development is the source of the contamination;
3.  Documentation.  Requirements regarding documentation of testing and submission 
by the operator of testing results, the 3rd-party analysis if applicable and other information 
to the department; and
4.  Evaluation.  Provisions outlining the process by which the department will evaluate 
any PFAS contamination discovered through testing at the development site.  The rules 
must require that, based on submitted testing and analysis and any other information 
available to the department, the department issue a written determination as to whether the 
PFAS contamination was reasonably caused by the construction, operation or components 
of the development.  The department shall provide a copy of the determination to the 
operator of the development and to the commission and post a copy of the determination 
on the department's publicly accessible website.
The costs of remediation of any PFAS contamination discovered through testing at the 
development site is the responsibility of the owner or operator of the development.
The department shall administer and enforce testing requirements adopted by rule 
pursuant to this section subject to the same powers and authorities granted to it pursuant to 
Title 38, chapter 2.
§4423.  Effect of determination; commission notification
Notwithstanding any provision of this Title or commission rule to the contrary, if the 
department determines in accordance with rules adopted pursuant to section 4422 that 
PFAS contamination discovered at the site of a solar energy development or wind energy 
development was reasonably caused by the construction, operation or components of the 
development, the development no longer meets the eligibility requirements:
1.  Renewable resource.  As a renewable resource or renewable capacity resource for 
the purposes of section 3210 and for any procurement or other contracting conducted in 
accordance with chapter 32; and
2.  Net energy billing; distributed generation resource.  For participation in net 
energy billing under section 3209-A or 3209-B and no longer meets the eligibility 
requirements as a distributed generation resource for the purposes of section 3209-D.
If the commission receives from the department a written determination that PFAS 
contamination discovered at the site of a solar energy development or wind energy 
development was reasonably caused by the construction, operation or components of the 
development, the commission shall notify all competitive electricity providers and 
transmission and distribution utilities regarding the effect of that determination as set forth 
in this section.
SUMMARY
This bill requires the operator of a solar energy development or a wind energy 
development to conduct testing for perfluoroalkyl and polyfluoroalkyl substances, or 
PFAS, contamination at the development site in accordance with rules adopted by the 
Department of Environmental Protection.  If any PFAS contamination is discovered as a 
result of that testing, the department must issue a written determination as to whether the 
PFAS contamination was reasonably caused by the construction, operation or components 
of the development.  
If the department determines that PFAS contamination was reasonably caused by the 
construction, operation or components of a solar energy development or wind energy 
development, the development no longer meets the eligibility requirements:
1.  As a renewable resource or renewable capacity resource for the purposes of energy 
procurement or other energy contracting under the Maine Revised Statutes, Title 35-A, 
chapter 32; and
2.  For participation in state net energy billing programs as a distributed generation 
resource for the purposes of Title 35-A, section 3209-D.