Maine lawmakers look to increase testing for PFAS in private drinking wells

The Legislature’s Health and Human Services Committee held a public hearing Tuesday afternoon for three bills seeking to better identify forever chemicals in private wells and address their presence in certain public water systems. 

“No family should be left in the dark about what’s in their water,” said Rep. Bill Pluecker (I-Warren), when introducing LD 500. 

Pluecker’s proposal would add perfluoroalkyl and polyfluoroalkyl substances, commonly called PFAS, to the list of contaminants the Department of Health and Human Services recommends testing for in private wells. Additionally, it seeks to use money from the department’s Health and Environmental Testing Laboratory account to provide free well water testing for low-income residents. 

A similar proposal died last year due to concerns over that proposal’s use of general funds to support the program, but Pluecker said he believed the department’s dedicated fund should be sufficient to avoid the need for other state dollars. 

More than half of Mainers get drinking water from private, residential wells, so Pluecker said it’s critical to test for PFAS, which have been linked to health concerns including cancer, liver damage, pregnancy complications, increased cholesterol levels and more.

Rep. Laurie Osher (D-Orono) also introduced a similar proposal to expand testing for PFAS substances in private drinking wells, which aren’t regulated under the federal Safe Drinking Water Act. 

Landlords are already required to test for arsenic in wells that provide drinking water and share the test results with tenants within 10 days of being notified of the results. LD 493 would build upon that by requiring landlords to also test the water for PFAS, lead, uranium and other potentially harmful contaminants. 

While the landlord would not be required to treat any contamination, they would have to disclose it to tenants and potential tenants within 10 days of receiving results. Similarly, the bill would require residential owners to disclose any water tests that indicate the presence of PFAS when selling the property. 

The version of this bill introduced last session died on the special appropriations table, where bills are chosen by the budget committee for funding, with a fiscal note of a little more than $100,000 per year. 

The health committee also heard a proposal from Rep. Daniel Shagoury (D-Hallowell) that targets forever chemicals in public water systems throughout the state. LD 1326 would establish maximum PFAS levels in the drinking water of certain public water systems that serve settings such as schools, factories, industrial parks or office buildings.

The Department of Health and Human Services is currently in the process of adopting rules that align with the National Primary Drinking Water Regulation announced by the U.S. Environmental Protection Agency in April 2024. Those new federal standards create enforceable limits for six PFAS in drinking water that can have adverse health effects. 

Shagoury acknowledged that the department is opposed to his bill for being duplicative, but he argued it would  underscore the Legislature’s belief that standards for PFAS in drinking water are important. 

The Maine Water Utilities Association also opposed the bill because it said Maine has adopted federal water standards rather than creating its own statute to make compliance with federal standards less burdensome. Changing that and adopting LD 1326 would create complexity and confusion for water systems, said Mike Cummons, who works for the Maine Water Company in Saco.