An Act to Establish the PFAS Response Program and to Modify the Fund To Address PFAS Contamination

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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
S.P. 66 - L.D. 130
An Act to Establish the PFAS Response Program and to Modify the Fund To
Address PFAS Contamination
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repealed and the following enacted in its place: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repealed and the following enacted in its place:
APPROVED
MAY 9, 2025
BY GOVERNOR
CHAPTER
65
PUBLIC LAW
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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:
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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.
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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.