At least three bills to bolster PFAS remediation efforts headed to full Legislature
Drums containing Aqueous Film Forming Foam, also known as AFFF. (Photo by Brendan Bullock)
Two legislative committees advanced bills this week that would continue the state's pioneering efforts to address the spread of and contamination by so-called forever chemicals.
The legislation will now go before the Maine House of Representatives and Senate to be voted on for passage.
The proposals build on the Legislature's work in the last five years to address the impact of perfluoroalkyl and polyfluoroalkyl substances, also known as PFAS, which has been linked to serious long-term health problems including cancer. These efforts include a phased-in ban on most goods and products with intentionally added PFAS.
Awareness of the toxic chemicals has increased as the state has worked to remediate agricultural land contaminated by the state-sanctioned spreading of PFAS-laden sludge. The high level of exposure among the firefighting community has also recently become more apparent, particularly after 1,600 gallons of firefighting foam concentrate containing PFAS spilled in Brunswick last summer.
The Legislature's Environment and Natural Resources Committee held a work session Wednesday to discuss a suite of proposals from Rep. Dan Anekeles (D-Brunswick) about the prevalence of Aqueous Film Forming Foam, also known as AFFF, across the state.
Two of the three bills received unanimous support from the committee members who were present, with two members absent for the votes.
The committee backed LD 400, which calls for a statewide inventory of AFFF, with some changes to ensure it would be publicly accessible on the Office of the Maine State Fire Marshal website.
Brunswick lawmaker introduces bills to address PFAS-laden firefighting foam
The state does not currently know how much AFFF remains in storage throughout the state, or where it is held, but during the public hearing on the bill, Maine Department of Environmental Protection Commissioner Melanie Loyzim said there is an estimated 50,000 gallons of foam remaining in the state; however, that is based on limited data the department attempted to gather a handful of years ago.
Because State Fire Marshal Shawn Esler said he would like to start as soon as possible, the start date for the inventory was moved up to begin on or before Nov. 1, 2025. However, the bill does not have an emergency preamble so it wouldn't officially take effect until 90 days after the Legislature adjourns.
Though he supports the intent of the bill, Esler testified against the legislation during the public hearing. But he told the committee Wednesday that his concerns were rooted in the timelines for conducting the inventory and starting the takeback program outlined in LD 222, which would help local fire departments that don't have the budgets to properly dispose of the foam.
The committee also moved up dates for the inventory to be completed to Nov. 1, 2026 for public entities and one year after that for private entities. The inventory would need to be submitted to the Legislature by Jan. 1, 2028.
Those changes will help with concerns over the logistics of conducting an inventory as well as developing and implementing a foam take-back program by July 2027, which also passed the committee by unanimous vote.
Ankeles' package of PFAS bills also included a ban on AFFF from all properties owned, leased or managed by the Midcoast Regional Redevelopment Authority, a quasi-governmental agency that manages the former naval base where the Brunswick spill occurred. The bill proposes the ban start on Jan. 1, 2026.
However, the committee tabled LD 407 until next week.
On his third day in the job, the new MRRA Executive Director Daniel Stevenson told the committee he would need more time to raise the money needed to remove the foam concentrate still on site. Though MRRA would also like to see it removed, Stevenson worries the agency couldn't raise the necessary funds to meet the deadline outlined in the bill.
Since MRRA is quasi-governmental, lawmakers questioned whether the state would be responsible for the funding to remove the existing foam, which the committee analyst is planning to look into ahead of the next meeting.
The Legislature's Agriculture, Conservation and Forestry Committee also voted to advance a bill from Sen. Henry Ingwersen (D-York) to enshrine in statute Maine's existing response program for PFAS contamination on farmland, which has been touted as a national leader.
The PFAS Response program currently has seven full-time staff members who provide technical and financial assistance to more than 80 farms with varying levels of contamination. There is also a three-person PFAS Fund team that provides financial support, research and access to health services. The legislation revises the fund to make it more efficient and effective.
As part of a state buyback program to give farmers an option to move off contaminated land, the Department of Agriculture, Conservation and Forestry recently purchased more than 100 acres in Palermo for $333,000 using relief fund dollars, the Portland Press Herald reported.
Most committee members voted in favor of LD 130, but Rep. Caldwell Jackson (R-Oxford) opposed the bill out of fear it would put Maine farmers at a disadvantage over those in other states who may not be subject to the PFAS product limits that are outlined in the legislation.
Legislative committees also held public hearings for other PFAS-related proposals.
The Health Coverage, Insurance and Financial Services Committee heard from Sen. Stacy Brenner (D-Cumberland) about her proposal to require health insurance carriers to cover blood tests for PFAS when they are deemed medically necessary.
And Rep. Reagan Paul (R-Winterport) introduced a bill to the Energy, Utilities and Technology Committee seeking to require an operator of a solar or wind energy development to test for PFAS contamination at the development site.
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