An Act to Protect
Maine Legislature, Session 132, LD 2115
Committee Amendment CA_A_H805 (House)
Amends: 38 MRSA §424-D

COMMITTEE AMENDMENT "f\ » to H.P, 1430, L,D. 2115, "An Act to Protect
Private Wells from Hazardous Substances"
Amend the bill by striking out everything after the enactmg clause and inserting the
following:
'See. 1. 38 MRSA §424-D is enacted to read:
§424-0. Well Contamination Response Fund
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the followine meanings,
A, "Fund'Lmeans the Well Contamination Response Fund established in subsection 2.
B, "Perfluoroalkvl and Dolvfluoroalkvl substances" or "PFAS" has thesame meaning
as in section 1614. subsection 1. oaraeraph F.
C. "Private drinking water well" has the same meanine as in section 1392. subsection
8,
2. Well Contamination Response Fund established. The Well Contamination
Resnonse Fund is established withm the department as a nonlaosing. revolving fund for the
purposes described in subsection 3. The fund may accept revenue from any source, public
QTDrivate. that may be available for carrvine out the purposes of the fund. The department
shall deposit with the Treasurer of State to the credit of the fund money in the fund not
cun'entlY needed by^^^^ to carry out the purposes of the fund. which may be
invested as provided by law. Interest earned on mvestment of money under this subsection
must be credited to the fund
0 3. Uses of fund. Money within the fund may be used by the department;
A, To investigate, sample or monitor PFAS contamination in soil and eroundwater.
2 mcludine in private drinking water wells, at locations associated with a source or
susDected_source ofPFAS contamination. as determined by the deoartm.ent.
COMMITTEE AMENDMENT
^os
"^"1
COMMITTEE AMENDMENT "K" to H.P, 1430, L.D,2115
(1} Sampling conducted through the fund may include, but is not limited to.
sampling of private drinkmg water wells for potability as part of an initial
investigation of PFAS_ contamination,
(2} As used in this paragraph, "location associated with a source or suspected
source ofPFAS contamination" means a location with a high assurance of PFAS
contamination impacts, as determmed by the department, includine a licensed or
previously licensed sludee or seotaee land aoDlicationsiteOT a location subiectto
remediation activities for PFAS contaminationjbut doesnot include a location
where the source or suspected source of PFAS contamination. as determined by
the department is a homeowner's private septic system or other_Drivate hQusehold
activities:
B. To abate, remediate or mitieate identified PFAS contamination m soil or
groundwater. including in private drinking water wells, to ensure access to safe
drinking water throueh the installation and maintenance of filter treatment systems,
cpnnection_to local water district networks, temporary provision of bottled drinking
water or other aooropriate actions as determined by the deDartment,
d) Except as provided in suboaraeraoh (2\ use of money within the fund for the
abatement, remediation or mitigation ofPFAS contamination in private drinkme
water wells, including for the payment or reimbursement of the costs of private
drmldng water well testing for PFAS contammatipn, is limited to private drinking
water wells in which testing demonstrates a level of PFAS contammation in excess
of 20 parts per trillion for the sum of the followine 6 perfluoroalkvl and
oolvfluoroalkvl substances; oerfluorooctanoic acid. oerfluorooctane sulfonic acid.
nerfluorohexane sulfonic acid. oerfluorononanoic acid. Derfluoroheotanoic acid
and perfluorQdecanoic_acid,_
(2) If the department determines that additional money withm the fund is available
for the abatement, remediation or mitieation of identified PFAS contamination in
private dmildne water wells in which testing demonstrates a level of PFAS
contaminatiQn of 20 parts pertrillionoHess for the sum^^ of the 6 Rerfluoroalkyl and
Dolyfluoroalkvl substances identified in suboaraeraoh d'), the deoartment may use
that additional money to support abatement, remediation or mitigation activities
for those private drinkine water wells; and
C, TQ_cover the departaient's cQsts incun'ed in administerine the fund. includme. but
not limited to. staffing costs.
4. Report. Beemning January 15. 2027, and every 2 years thereafter, the department
6 shall submit a report to the joint standine committee of the Legislature having jurisdiction
7 over environment and natural resources matters reeardine the uses of the fund and any
proposed changes tothe.limitations m the vises of the fund_and a summary ofPFAS
cQntamination identified as a result of activities undertaken through the fund. After
reviewinglhe reportjthe joint standine committee may reoort out leeislation related to the
report. The report under this subsection may be included in the report required mirsuant to
section 131 0-B-1. subsection 2. paragraph C.
5. Rules. The department may adopt rules necessary for the administration of the fund
and for any underlying program or purpose under or funded by the fund. Rules adopted
COMMITTEE AMENDMENT
"1\"1
COMMITTEE AMENDMENT " fr\" to H,P, 1430, L,D, 2115
pursuant to this subsection are routine technical rules as defmed in Title 5. chapter 375.
subchaoter 2-A.
Sec. 2. Appropriations and allocations. The followmg appropriations and
allocations are made.
ENVIRONMENTAL PROTECTION, DEPARTMENT OF
Well Contamination Response Fund N560
Initiative: Provides ongoing funding for the investigation, sampling, monitoring,
abatement, remediation or mitigation of perfluoroalkyl and polyfluoroalkyl substances
contamination in soil and groundwater, including in private drinking water wells,
GENERAL FUND 2025-26 2026-27
AllOther $0 $1,000,000
GENERAL FUND TOTAL $0 $1,000,000
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section
number to read consecutively.
SUMMARY
This amendment, which is the majority report of the committee, replaces the bill. It
establishes the Well Contamination Response Fund withm the Department of
Environmental Protection and capitalizes that fund with an ongoing General Fund
appropriation of $1,000,000 beginning in fiscal year 2026-27. Money in that fund may be
used by the department for the investigation, sampling, monitormg, abatement, remediation
or mitigation ofperfluoroalkyl and polyfluoroalkyl substances, or PFAS, contamination in
soil and groundwater, including in private drinking water wells and prioritized for those
wells in which testing demonstrates a level of PFAS contamination in excess of 20 parts
per trillion for the sum of 6 PFAS contaminants.
FISCAL NOTE REQUIRED
(See attached)
COMMITTEE AMENDMENT
Approved: 02/09/26 t-Kt-
LD 2115 LR 2820(02)
An Act to Protect Private Wells from Hazardous Substances
Fiscal Note for Bill as Amended by Committee Amendment '^f
Committee: Environment and Natural Resources
Fiscal Note Required: Yes
Fiscal Note
Projections Projections
FY 2025-26 FY 2026-27 FY 2027-28 FY 2028-29
Net Cost (Savings)
General Fund $0 $1,000,000 $1,000,000 $1,000,000
Appropriations/AlIocations
General Fund $0 $1,000,000 $1,000,000 $1,000,000
Fiscal Detail and Notes
This bill establishes the Well Contamination Response Fund within the Department of Environmental Protection and
provides an ongoing General Fund appropriation of $1,000,000 beginning in fiscal year 2026-27. The funds may be
used for the investigation, sampling, monitoring, abatement, remediation, or mitigation ofperfluoroalkyl and
polyfluoroalkyl substances contamination in soil and groundwater, including contamination affecting private drinking
water wells,
Any additional costs to the Department of Environmental Protection to implement the provisions of this bill are
expected to be minor and can be absorbed within existing budgeted resources,
LR2820(02) - Fiscal Note - Page 1 of 1