An Act to Establish the PFAS Response Program and to Modify the
Maine Legislature, Session 132, LD 0130
Committee: Agriculture, Conservation and Forestry
Sponsors: INGWERSEN
Amends: 7 MRSA §320-K, 7 MRSA §320-L

Legislative Document
No. 130
S.P. 66
In Senate, January 8, 2025
An Act to Establish the PFAS Response Program and to Modify the 
Fund To Address PFAS Contamination
Submitted by the Department of Agriculture, Conservation and Forestry pursuant to Joint 
Rule 204.
Reference to the Committee on Agriculture, Conservation and Forestry suggested and 
ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator INGWERSEN of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  7 MRSA §320-K, sub-§4, as enacted by PL 2021, c. 635, Pt. XX, §2, is 
amended by enacting at the end a new blocked paragraph to read:
Health care information obtained by the department in the course of providing services 
related to paragraphs A and B, including billing information, must be treated as confidential 
pursuant to Title 22, section 1711-C.  For purposes of this section, "health care information" 
has the same meaning as in Title 22, section 1711-C, subsection 1, paragraph E.
Sec. 2.  7 MRSA §320-K, sub-§5, as enacted by PL 2021, c. 635, Pt. XX, §2, is 
repealed and the following enacted in its place:
5.  Administration and authority.  The administration of the fund and the authority 
to administer the fund is as follows.
A.  The department shall administer the fund allocations in accordance with a plan that 
establishes funding priorities, administration and oversight and with the review and 
advice of the advisory committee.  The department may use funds for personnel 
services and to contract for professional services to carry out the purposes of this 
section.
B.  The commissioner or the commissioner's designee is authorized to sell, grant, lease, 
transfer or otherwise convey any real or personal property acquired under subsection 
4, paragraph D. Proceeds from the sale or lease of property and the disposal of all other 
interests in real property including timber sales and revenue generated from solar 
development must be deposited into the Department of Agriculture, Conservation and 
Forestry, Office of the Commissioner program, Fund To Address PFAS 
Contamination, Other Special Revenue Funds account.
Sec. 3.  7 MRSA §320-L, sub-§2, as enacted by PL 2021, c. 635, Pt. XX, §2, is 
repealed and the following enacted in its place:
2.  Chairs.  The advisory committee shall select 2 chairs from among its members, 
each to serve a term of 2 years. Chairs may serve consecutive terms.
Sec. 4.  7 MRSA §320-L, sub-§3, as amended by PL 2023, c. 212, §4, is further 
amended to read:
3.  Proceedings of the advisory committee.  The advisory committee shall hold at 
least 2 one public hearings meeting annually to seek input from the public on efforts to 
meet the purposes of the fund.  All proceedings of the advisory committee are public 
proceedings within the meaning of Title 1, chapter 13, subchapter 1.  Notwithstanding Title 
1, section 403, subsection 6, all records of proceedings of the advisory committee are public 
and subject to the requirements of Title 1, section 403, subsection 2.
Sec. 5.  7 MRSA c. 10-E is enacted to read:
CHAPTER 10-E
PFAS RESPONSE PROGRAM
§341.  PFAS Response Program
1.  Definitions.  As used in this chapter, unless the context otherwise indicates, the 
following terms have the following meanings.
A. "Agricultural land" has the same meaning as in section 32, subsection 2.
B.  "Commercial farm" means a farm that produces any farm product with the intent 
that the farm product be sold or otherwise disposed of to generate income.  
C. "Farm product" means those plants and animals useful to humans and includes, but 
is not limited to, forages and sod crops, grains and food crops, dairy products, poultry 
and poultry products, bees, livestock and livestock products and fruits, berries, 
vegetables, flowers, seeds, grasses, Christmas trees and other similar products.
D. "On-farm mitigation efforts" means activities intended to reduce the impact of 
perfluoroalkyl and polyfluoroalkyl substances contamination on a commercial farm's 
production of farm products. 
E.  "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" has the same meaning 
as in Title 32, section 1732, subsection 5‑A.  
F.  "Program" means the PFAS Response Program.
2.  Program established; purpose.  The PFAS Response Program is established to 
effectively respond to and address PFAS contamination affecting agricultural producers in 
the State, to assist commercial farms affected by PFAS contamination and to safeguard 
public health. The commissioner shall develop, implement and administer the program for 
the purpose of abating, cleaning up and mitigating threats and hazards posed by PFAS that 
affect agricultural producers in the State and that affect the food supply; providing support 
to affected commercial farms; supporting critical PFAS research; and allowing for the 
department to strategically and effectively respond to PFAS concerns and issues as they 
arise. The program may include but is not limited to:
A. Establishing maximum levels for PFAS in farm products in consultation with the 
Department of Health and Human Services, Maine Center for Disease Control and 
Prevention. When a maximum level is exceeded, the department may prohibit the 
commercial sale of the product affected and require the PFAS-impacted agricultural 
producer to incorporate on-farm mitigation efforts as a prerequisite for any future 
authorization from the department to resume commercial sale of the product affected;
B. Providing testing support, including conducting initial sampling and ongoing 
monitoring, to assist agricultural producers in understanding the extent of PFAS 
contamination on their commercial farms. Testing may include but is not limited to 
testing of groundwater, surface water, soil, animal tissue, animal blood and serum, 
plant tissue, animal feed, eggs, milk, manure and compost;
C. Providing technical assistance to interpret test results, craft recommendations for 
on-farm mitigation efforts to reduce the risk of PFAS contamination and implement 
modifications to ensure the safety of farm products and ongoing farm viability; 
D. Providing financial assistance to PFAS-impacted agricultural producers, including 
but not limited to self-testing reimbursement, agricultural water filtration equipment 
and maintenance costs, livestock depopulation, compensation for unmarketable 
processed livestock, equipment and input cost coverage, clean feed support and 
infrastructure support;
E. Establishing baseline criteria that agricultural producers must adhere to in order to 
receive technical and financial assistance, which includes granting property access 
sufficient to conduct appropriate and required PFAS investigations, cooperating with 
program staff by providing timely and complete information regarding product types, 
feed sources and other relevant management practices and adhering to animal welfare 
and nutrient management recommendations.
An agricultural producer must have an opportunity to request a hearing before the 
department pursuant to Title 5, chapter 375, subchapter 4 regarding the program's 
decision to deny, cease or modify financial support based on the criteria established 
according to this subsection. The department shall inform the agricultural producer of 
the opportunity to request a hearing in the written communication notifying the 
agricultural producer of the program's decision to deny, cease or modify financial 
support; and
F. Undertaking or supporting research efforts necessary to advance scientific 
understanding of PFAS and their movement and effect in agricultural systems that 
inform on-farm management recommendations or regulatory decisions. These efforts 
may be accomplished by department staff or state agency partners or contracted to 
qualified 3rd parties. 
3.  Administration.  The Bureau of Agriculture, Food and Rural Resources within the 
department shall administer the program. The department may also partner with state 
agencies or contract with 3rd parties to effectuate the purposes of this chapter. The program 
is distinct from the Fund To Address PFAS Contamination established in section 320-K. 
The program enforces maximum levels of PFAS in farm products, provides direct on-farm 
assistance, including but not limited to testing, analysis and on-farm mitigation strategy 
recommendations, in addition to providing specific financial support that is integral to 
commercial farms making changes necessary to adapt to and mitigate on-farm PFAS risk. 
4.  Rules.  The department may adopt rules to implement this chapter.  Rules adopted 
pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2‑A.
SUMMARY
This bill requires the Department of Agriculture, Conservation and Forestry to establish 
the PFAS Response Program for the purpose of abating, cleaning up and mitigating threats 
and hazards posed by PFAS that affect agricultural producers in the State and the food 
supply; providing support to affected commercial farms; supporting critical PFAS research; 
and allowing for the department to strategically and effectively respond to PFAS concerns 
and issues as they arise. The program includes establishing maximum PFAS levels in farm 
products in consultation with the Department of Health and Human Services, Maine Center 
for Disease Control and Prevention and, when maximum levels are being exceeded, 
prohibiting commercial sale of the products affected. The program may provide testing 
support and technical and financial assistance to PFAS-impacted producers while 
establishing baseline criteria for producers to adhere to for the receipt of such assistance. 
The program may also undertake research efforts via department staff, state agency partners 
or contracted 3rd parties that inform on-farm management recommendations or regulatory 
decisions. The Bureau of Agriculture, Food and Rural Resources within the department 
must administer the program. The department may adopt routine technical rules and shall 
report annually to the Legislature about the program's activities. 
The bill modifies the Fund To Address PFAS Contamination by authorizing the 
Commissioner of Agriculture, Conservation and Forestry to sell, grant, lease, transfer or 
otherwise convey any real or personal property acquired under its existing authority to buy 
and sell agricultural land found to be contaminated by PFAS, and to deposit the proceeds 
of such transactions into the Fund To Address PFAS Contamination. Additionally, the bill 
updates the requirement that the Advisory Committee on the Fund To Address PFAS 
Contamination hold 2 hearings annually to require one public meeting annually. The bill 
also requires that the cochairs of the advisory committee are drawn from the committee's 
members.
The bill also specifies that health care information obtained by the department in the 
course of providing access to health services under its existing authority must be treated as 
confidential.