PFAS bills introduced in Brunswick spill aftermath receive sweeping support, await funding
Though there are still funding details to sort out, a slate of proposals brought forward after 1,500 gallons of toxic firefighting foam concentrate spilled in Brunswick last August have been backed by the Maine Legislature.
'Since August 19, 2024, hardly a day has gone by where our delegation hasn't put work into an entire suite of legislation both to help Brunswick recover and, even more importantly, to make sure that what happened to us cannot happen anywhere else,' said Rep. Dan Ankeles (D-Brunswick) on the House of Representatives floor earlier this month.
On Wednesday, the Senate passed the last of a package of three bills that Ankeles crafted in the aftermath of the spill to help rid Maine of Aqueous Film Forming Foam, also known as AFFF, which was historically used for firefighting and has been linked to harmful effects to humans and the environment.
Accidents not waiting to happen
The final proposal to receive initial passage votes would establish a voluntary, statewide takeback program for the foam. The Senate approved LD 222 30-0, and it will now go back to each chamber for final enactment votes.
AFFF contains perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, which has been linked to serious long-term health problems including cancer. Knowing these concerns, the state restricted use of the foam in 2021, but it is still stored at airports, fire stations and other industrial sites throughout the state.
Ankeles' bills received sweeping bipartisan support from the Legislature's Environment and Natural Resources Committee, as well as the chambers at large. However, two of the bills have been sent to the budget committee to determine whether they will be funded.
Another bill in the package, LD 407, directs the quasi-governmental agency that manages the airport where the spill happened, called the Midcoast Regional Redevelopment Authority, to stop using and get rid of the toxic firefighting foam that is still at the site. Since the bill doesn't tap into state funds, Ankeles said he's working with the agency to secure the funding it will need to get rid of the chemicals.
'Getting this resolve to the chief executive's desk will help my constituents — and Rep. [Cheryl] Golek's constituents just a couple of streets over — rest a tiny bit easier knowing that the toxic AFFF will never again be deployed in our community,' Ankeles said last week before the bill received a 128-14 vote in the House.
LD 407 received final enactment votes this week and will be sent to Gov. Janet Mills for her approval.
Ankeles' two bills awaiting funding are meant to not only protect Brunswick but all Maine communities from future toxic spills.
Those two proposals are LD 400, which will create a publicly available inventory of the firefighting foam in the state, and LD 222. These will not only help the state know how much of the toxic foam still exists, but also assist fire departments that don't have the budgets to properly dispose of it.
After approval from both chambers, LD 400 was placed on the special appropriations table in late April with a fiscal note of about $86,000 annually for the next two years. That money would be used to cover the cost of a new position to compile the inventory.
While it is now up to the Appropriations and Financial Affairs Committee, Ankeles said he is hopeful it will get funded after he worked with the Department of Environmental Protection to find a way to fund the proposal without using the state's general fund.
With a $5 million fiscal note, LD 222 will likely also end up on the appropriations table. It will first go back to the House for a final enactment vote and then return to the Senate.
Since the bill asks for one-time funding rather than ongoing support, Ankeles hopes that will put it in a better position to be funded in a tight budget-cycle. However, he said he is also going to advocate for the Environment and Natural Resources Committee to rank LD 222 as the committee's top priority to receive funding from the budget committee.
Of all the bills the committee worked on this session that will cost money, Ankeles said this takeback program could have the 'biggest impact.'
'It will create the infrastructure with a single spending action that is not ongoing and the state will be able to get rid of every drop of this terrible poison,' he said.
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