What New Legislative Actions Target PFAS Remediation Efforts?
Two legislative committees advanced bills this week that would continue Maine’s pioneering efforts to address the spread of and contamination by 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. 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 following a major firefighting foam spill in Brunswick last summer.
5 Key Points
- Two legislative committees have advanced at least three PFAS remediation bills to the full Maine Legislature.
- An estimated 50,000 gallons of PFAS-containing firefighting foam remains stored throughout Maine.
- The state plans to implement a statewide inventory of firefighting foam beginning November 1, 2025.
- Maine’s PFAS Response program assists more than 80 farms with contamination issues.
- The Department of Agriculture recently purchased over 100 acres of contaminated farmland in Palermo for $333,000.
What Will The Firefighting Foam Inventory Legislation Accomplish?
The Environment and Natural Resources Committee unanimously approved two bills addressing Aqueous Film Forming Foam (AFFF). LD 400 establishes a statewide inventory of AFFF that will be publicly accessible on the Maine State Fire Marshal’s website. The committee moved up the start date for the inventory to begin on or before November 1, 2025, at the request of State Fire Marshal Shawn Esler, who expressed a desire to start as soon as possible. Public entities must complete their inventory by November 1, 2026, while private entities have until November 1, 2027. Maine Department of Environmental Protection Commissioner Melanie Loyzim stated an estimated 50,000 gallons of foam remain in the state. However, this figure is based on limited data collected years ago.
The committee also approved a foam takeback program to be implemented by July 2027. This program passed unanimously and aims to help local fire departments without budgets to properly dispose of PFAS foam. Esler initially testified against the legislation during the public hearing due to concerns about the timelines for conducting the inventory and starting the takeback program. The revised implementation dates address these logistical concerns. The complete inventory results must be submitted to the Legislature by January 1, 2028.
Why Did The Brunswick AFFF Spill Prompt Additional Legislation?
Rep. Dan Ankeles (D-Brunswick) introduced a package of PFAS bills that included a proposed ban on AFFF from all properties owned, leased, or managed by the Midcoast Regional Redevelopment Authority (MRRA), starting January 1, 2026. The MRRA is a quasi-governmental agency that manages the former naval base where 1,600 gallons of firefighting foam concentrate containing PFAS spilled in Brunswick last summer. The Environment and Natural Resources Committee tabled this legislation (LD 407) until next week after hearing from MRRA’s new Executive Director.
Only three days into his position as 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. Stevenson expressed concern that the agency couldn’t raise the necessary funds to meet the deadline outlined in the bill. Committee members questioned whether the state would be responsible for funding the foam removal since MRRA is quasi-governmental, and the committee analyst will investigate this question before the next meeting.
How Will The New Legislation Support Contaminated Farms?
The Legislature’s Agriculture, Conservation, and Forestry Committee voted to advance Sen. Henry Ingwersen’s (D-York) bill to enshrine Maine’s existing response program for PFAS contamination on farmland in statute. Maine’s program has been touted as a national leader in addressing agricultural PFAS contamination. The PFAS Response program currently employs seven full-time staff members who provide technical and financial assistance to more than 80 farms with varying levels of contamination. Additionally, a three-person PFAS Fund team provides financial support, research, and access to health services. The legislation (LD 130) revises the fund to make it more efficient and effective.
As part of a state buyback program allowing farmers 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 funds. Most committee members voted in favor of the bill, with one exception. Rep. Caldwell Jackson (R-Oxford) opposed the legislation, expressing concerns that it would put Maine farmers at a disadvantage compared to those in other states who may not be subject to the PFAS product limits outlined in the bill.
What Other PFAS-Related Bills Are Under Consideration?
Legislative committees also held public hearings this week for additional PFAS-related proposals that address health testing and energy development sites. 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 deemed medically necessary. This legislation would improve access to testing for Maine residents concerned about potential PFAS exposure.
Rep. Reagan Paul (R-Winterport) introduced a bill to the Energy, Utilities, and Technology Committee requiring solar or wind energy development operators to test for PFAS contamination at development sites. This proposal extends PFAS monitoring beyond agricultural and firefighting contexts, acknowledging potential contamination at renewable energy installation locations. Both bills reflect Maine’s expanding approach to addressing PFAS contamination in multiple sectors.
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