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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FOUR
_____
S.P. 610 - L.D. 1537
An Act to Amend the Laws Relating to the Prevention of Perfluoroalkyl and
Polyfluoroalkyl Substances Pollution
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 38 MRSA §1614, as amended by PL 2023, c. 138, §§1 to 4, is further
amended to read:
§1614. Products containing PFAS
1. Definitions. As used in this section, unless the context otherwise indicates, the
following terms have the following meanings.
A. "Carpet or rug" means a consumer product made from natural or synthetic fabric
marketed or intended for use to be used as a floor covering inside commercial or
residential buildings. "Carpet or rug" includes, but is not limited to, a carpeted
doormat, but does not include:
(1) A carpet or rug intended solely for outdoor use;
(2) A carpet or rug intended solely for use inside an aircraft, train, watercraft,
automobile, light duty truck, van, bus or any other vehicle and any aftermarket or
replacement part marketed solely for use in a vehicle;
(3) A resilient floor covering;
(4) Artificial turf;
(5) A wall hanging or covering;
(6) A table mat; or
(7) A camping sleeping mat.
A-1. "Adult mattress" means a mattress that is not a crib mattress or a toddler mattress.
A-2. "Aerosol propellant" has the same meaning as in section 1613, subsection 1,
paragraph A.
APPROVED
APRIL 16, 2024
BY GOVERNOR
CHAPTER
630
PUBLIC LAW
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A-3. "Air care product" means a chemically formulated consumer product labeled to
indicate that the purpose of the product is to enhance or condition an indoor
environment by eliminating odors or freshening the air.
A-4. "Aircraft" means a contrivance operated by direct physical contact from a human
that is used or designed for navigation of or flight in the air that requires certification
and registration as prescribed by federal law or regulation. "Aircraft" does not include:
(1) A lighter-than-air balloon operated by direct physical contact from a human;
or
(2) An ultralight vehicle, as defined in 14 Code of Federal Regulations, Part 103,
regardless of whether the ultralight vehicle is certified by the United States
Department of Transportation, Federal Aviation Administration.
A-5. "Alternative" means a substance or chemical that, if used in place of a PFAS in a
product, would result in a functionally equivalent product and would reduce the
potential for harm to human health or the environment or that has not been shown to
pose the same or greater potential harm to human health or the environment as the
PFAS. "Alternative" includes:
(1) A reformulated version of a product in which the intentionally added PFAS in
the product has been removed; and
(2) Changes to a product's manufacturing process that result in the removal of the
PFAS from the product.
A-6. "Architectural fabric structure" means a permanent fabric structure that is
intrinsic to the design or construction of a building.
A-7. "Artificial turf" means an artificial product made from synthetic material that
simulates the appearance of natural turf, grass, sod or lawn.
A-8. "Automotive maintenance product" means a chemically formulated consumer
product labeled to indicate that the purpose of the product is to maintain the appearance
of a motor vehicle. "Automotive maintenance product" includes products for washing,
waxing, polishing, cleaning or treating the exterior or interior surface of a motor
vehicle, but does not include automotive paint or automotive paint repair products.
A-9. "Cleaning product" means a finished product used primarily for domestic,
commercial or institutional cleaning purposes, including, but not limited to, an air care
product, an automotive maintenance product, a general cleaning product and a polish
or floor maintenance product.
A-10. "Cookware product" means a durable houseware product intended to be used to
prepare, dispense or store food, foodstuffs or beverages, including, but not limited to,
a pot, pan, skillet, grill, baking sheet, baking mold, tray, bowl and cooking utensil.
A-11. "Cosmetic product" means a product intended to be rubbed, poured, sprinkled
or sprayed on, introduced into or otherwise applied to the human body for cleansing,
beautifying, promoting attractiveness or altering the appearance. "Cosmetic product"
includes any product intended for use as a component of another cosmetic product, but
does not include soap or a product that requires a prescription for distribution or
dispensing.
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B. "Currently unavoidable use" means a use of PFAS that the department has
determined by rule under this section to be essential for health, safety or the functioning
of society and for which alternatives are not reasonably available.
B-1. "Essential for health, safety or the functioning of society" means a use of a PFAS
in a product when the function provided by the PFAS is necessary for the product to
perform as intended, such that the unavailability of the PFAS for use in the product
would cause the product to be unavailable, which would result in:
(1) A significant increase in negative health outcomes;
(2) An inability to mitigate significant risks to human health or the environment;
or
(3) A significant disruption of the daily functions on which society relies.
C. "Fabric treatment" means a substance applied to fabric to give the fabric one or
more characteristics, including but not limited to stain resistance or water resistance.
C-1. "Foam" has the same meaning as in section 1613, subsection 1, paragraph K.
"Foam" does not include a firefighting or fire-suppressing foam or related product
regulated under section 424-C.
D. "Intentionally added PFAS" means PFAS added to a product or one of its product
components to provide a specific characteristic, appearance or quality or to perform a
specific function. "Intentionally added PFAS" also includes any degradation by-
products of PFAS.
D-1. "Juvenile product" means a product designed or marketed for use by infants and
children under 12 years of age including, but not limited to: a baby or toddler foam
pillow; bassinet; bedside sleeper; booster seat; changing pad; child restraint system for
use in motor vehicles and aircraft; co-sleeper; crib mattress; highchair; highchair pad;
infant bouncer; infant carrier; infant seat; infant sleep positioner; infant swing; infant
travel bed; infant walker; nap cot; nursing pad; nursing pillow; play mat; playpen; play
yard; polyurethane foam mat, pad or pillow; portable foam nap mat; portable infant
sleeper; portable hook-on chair; soft-sided portable crib; stroller; and toddler mattress.
"Juvenile product" does not include an adult mattress or an electronic product marketed
for use by children under 12 years of age, including a personal computer, audio and
video equipment, calculator, wireless telephone, game console, handheld device
incorporating a video screen and any associated peripheral, such as a mouse, keyboard,
power supply unit or power cord.
D-2. "Known to or reasonably ascertainable by" means, with respect to a person, all
information in the person's possession or control as well as all information that a
reasonable person similarly situated might be expected to possess, control or know.
E. "Manufacturer" means the person that manufactures a product or whose brand name
is affixed to the product. In the case of a product imported into the United States,
"manufacturer" includes the importer or first domestic distributor of the product if the
person that manufactured or assembled the product or whose brand name is affixed to
the product does not have a presence in the United States.
E-1. "Medical device" has the same meaning as the term "device" as defined in 21
United States Code, Section 321(h).
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E-2. "Off-highway vehicle" means a vehicle designed to be or marketed as capable of
off-highway operation, including, but not limited to:
(1) A motorcycle or motor-driven cycle;
(2) A snowmobile or other vehicle designed to travel over snow or ice;
(3) A sand buggy, dune buggy or similar all-terrain vehicle;
(4) A motor vehicle commonly referred to as a jeep; and
(5) A recreational off-highway vehicle.
E-3. "Outdoor apparel for severe wet conditions" means a clothing item that is an
extreme and extended use product designed for outdoor sports experts for applications
that provide protection against extended exposure to extreme rain conditions or against
extended immersion in water or wet conditions to protect the health and safety of the
user and that are not marketed for general consumer use, including, but not limited to,
such extreme and extended use products designed for offshore fishing, offshore sailing,
whitewater kayaking and mountaineering.
F. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means substances that
include any member of the class of fluorinated organic chemicals containing at least
one fully fluorinated carbon atom.
G. "Product" means an item manufactured, assembled, packaged or otherwise prepared
for sale to consumers, including its product components, sold or distributed for
personal, residential, commercial or industrial use, including for use in making other
products.
H. "Product component" means an identifiable component of a product, regardless of
whether the manufacturer of the product is the manufacturer of the component.
H-1. "Proprietary information" means information that is a trade secret or production,
commercial or financial information the disclosure of which would impair the
competitive position of the submittor and would make available information not
otherwise publicly available.
I. "Publicly owned treatment works" has the same meaning as in section 361-A.
J. "Refrigerant" has the same meaning as in section 1613, subsection 1, paragraph Y.
K. "Single-use" means, with respect to a product, conventionally disposed of after one
use or not sufficiently durable or washable to be, or not intended to be, reusable or
refillable.
L. "Ski wax" means a lubricant applied to the bottom of snow runners, including, but
not limited to, skis and snowboards, to improve grip or glide properties. "Ski wax"
includes related tuning products.
M. "Textile" means an item made in whole or in part from natural or synthetic fiber,
yarn or fabric, including, but not limited to, leather, cotton, silk, jute, hemp, wool,
viscose, nylon and polyester. "Textile" does not include a single-use absorbent hygiene
product or a single-use paper hygiene product, including, but not limited to, toilet
paper, paper towels or tissues.
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N. "Textile article" means a textile good of a type customarily and ordinarily used in
households and businesses. "Textile article" includes, but is not limited to, apparel,
accessories, handbags, backpacks, draperies, shower curtains, furnishings, upholstery,
beddings, towels, napkins and tablecloths, but does not include:
(1) A carpet or rug;
(2) A treatment for use on converted textiles or leathers;
(3) A textile used in or designed for laboratory analysis and testing;
(4) A stadium shade or other architectural fabric structure; or
(5) Filtration media or a filter product used in industrial applications, including,
but not limited to, chemical or pharmaceutical manufacturing and environmental
control technologies.
O. "Upholstered furniture" means an article of furniture that is designed to be used for
sitting, resting or reclining and that is wholly or partly stuffed or filled with any filling
material.
P. "Vehicle" means a device by which any person or property may be propelled, moved
or drawn upon a way but does not include such a device that is moved exclusively by
human power or that is used exclusively upon stationary rails or tracks.
2. Notification. A Except as provided pursuant to paragraph D or subsection 3, a
manufacturer of a product for sale in the State that contains intentionally added PFAS and
for which the department has determined that the use of PFAS in the product is a currently
unavoidable use in accordance with subsection 5, paragraph F shall comply with the
requirements of this subsection.
A. Except as provided in subsection 3, by January 1, 2025, a The manufacturer of a
product for sale in the State that contains intentionally added PFAS shall submit to the
department a written notification that includes, to the extent known to or reasonably
ascertainable by the manufacturer:
(1) A brief description of the product, including an estimate of the total number of
units of the product sold annually in the State or nationally;
(2) The purpose for which PFAS are used in the product, including in any product
components;
(3) The amount of each of the PFAS, identified by its chemical abstracts service
registry number or in the absence of this number a description approved by the
department, in the product, reported as an exact quantity, or as the amount of total
organic fluorine if the amount of each of the PFAS compound is not known,
determined using commercially available analytical methods or based on
information provided by a supplier as falling within a range approved for reporting
purposes by the department or, if the manufacturer is unable to provide information
regarding the amount of each of the PFAS in the product, the total weight of the
product;
(4) The name and address of the manufacturer, and the name, address and phone
number of a contact person for the manufacturer; and
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(4-A) The identification of the applicable determination adopted by the department
by rule pursuant to subsection 5, paragraph F that the use of PFAS in the product
is a currently unavoidable use; and
(5) Any additional information established required by the department by rule as
necessary to implement the requirements of this section.
A-1. At the time the manufacturer submits to the department the written notice required
in paragraph A, the manufacturer shall also pay to the department the applicable fee
established by the department by rule pursuant to subsection 6.
B. With the approval of the department, a the manufacturer may supply the information
required in paragraph A for a category or type of product rather than for each individual
product.
C. In accordance with rules adopted by the department, a the manufacturer shall update
and revise the information in the written notification whenever there is significant
change in the information or when requested to do so by the department.
D. The requirements of this subsection do not apply to a manufacturer that employs
25 100 or fewer people.
3. Waiver of notification; coordination with other states; extension of deadline.
The department may waive all or part of the notification requirement under subsection 2 if
the department determines that substantially equivalent information is already publicly
available. The department may enter into an agreement with one or more other states or
political subdivisions of a state to collect notifications and may accept notifications to a
shared system as meeting the notification requirement under subsection 2. The department
may extend the deadline for submission by a manufacturer of the information required
under subsection 2 if the department determines that more time is needed by the
manufacturer to comply with the submission requirement.
4. Exemptions. The following are exempt from this section:
A. A product for which federal law governs the presence of PFAS in the product in a
manner that preempts state authority;
B. A package, as defined in Title 32, section 1732, subsection 4, for a product, except
when the package is the product of the manufacturer. The exemption under this
paragraph does not apply to the package of a product prohibited from sale, offer for
sale or distribution for sale pursuant to subsection 5, paragraph B, B-1, D or E if that
package is a fluorinated container or a container that otherwise contains intentionally
added PFAS; and
C. A used product or used product component.;
D. A firefighting or fire-suppressing foam or related product regulated under section
424-C;
E. A prosthetic or orthotic device or any product that is a medical device, drug or
biologic or that is otherwise used in a medical setting or in medical applications that
are regulated by or under the jurisdiction of the United States Food and Drug
Administration;
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F. A veterinary product intended for use in or on animals, including diagnostic
equipment or test kits and their components and any product that is a veterinary medical
device, drug, biologic or parasiticide or that is otherwise used in a veterinary medical
setting or in veterinary medical applications that are regulated by or under the
jurisdiction of:
(1) The United States Food and Drug Administration;
(2) The United States Department of Agriculture pursuant to the federal Virus-
Serum-Toxin Act; or
(3) The United States Environmental Protection Agency pursuant to the Federal
Insecticide, Fungicide, and Rodenticide Act, except that any such products
approved by the United States Environmental Protection Agency pursuant to that
law for aerial or land application are not exempt from this section;
G. A product developed or manufactured for the purposes of public health,
environmental or water quality testing;
H. A product required to meet standards or requirements of the United States
Department of Transportation, Federal Aviation Administration, the National
Aeronautics and Space Administration, the United States Department of Defense or the
United States Department of Homeland Security, except that the exemption under this
paragraph does not apply to any textile article or refrigerant that is included in or as a
component part of such products;
I. A motor vehicle or motor vehicle equipment regulated under a federal motor vehicle
safety standard, as defined in 49 United States Code, Section 30102(a)(10), and any
other motor vehicle, including an off-highway vehicle or specialty motor vehicle, such
as an all-terrain vehicle, side-by-side vehicle, farm equipment or personal assistive
mobility device, except that the exemption under this paragraph does not apply to any
textile article or refrigerant that is included in or as a component part of such products;
J. A watercraft, as defined in Title 12, section 13001, subsection 28, or a seaplane,
except that the exemption under this paragraph does not apply to any textile article or
refrigerant that is included in or as a component part of such products;
K. A semiconductor, including semiconductors incorporated in electronic equipment,
and equipment and materials used in the manufacture of semiconductors;
L. Nonconsumer electronics and nonconsumer laboratory equipment not ordinarily
used for personal, family or household purposes; and
M. Equipment directly used in the manufacture or development of the products
described in paragraphs E to L.
5. Prohibition on sale of products containing intentionally added PFAS. This
subsection governs sales of products containing intentionally added PFAS.
A. Effective Except as provided pursuant to paragraph F or G, effective January 1,
2023, a person may not sell, offer for sale or distribute for sale in this State a carpet or
rug that contains intentionally added PFAS. This The prohibition under this paragraph
does not apply to the sale, offer for sale or resale distribution for sale of a used any
carpet or rug in used condition.
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B. Effective Except as provided pursuant to paragraph F or G, effective January 1,
2023, a person may not sell, offer for sale or distribute for sale in this State a fabric
treatment that contains intentionally added PFAS. This prohibition does not apply to
the sale or resale of a used fabric treatment.
The prohibition under this paragraph applies to a fabric treatment that does not contain
intentionally added PFAS but that is sold, offered for sale or distributed for sale in a
fluorinated container or in a container that otherwise contains intentionally added
PFAS. The prohibition under this paragraph does not apply to the sale, offer for sale
or distribution for sale of any fabric treatment in used condition.
B-1. Except as provided pursuant to paragraph F or G, effective January 1, 2026, a
person may not sell, offer for sale or distribute for sale in this State:
(1) A cleaning product containing intentionally added PFAS;
(2) A cookware product containing intentionally added PFAS;
(3) A cosmetic product containing intentionally added PFAS;
(4) Dental floss containing intentionally added PFAS;
(5) A juvenile product containing intentionally added PFAS;
(6) A menstruation product containing intentionally added PFAS;
(7) A textile article containing intentionally added PFAS. The prohibition under
this subparagraph does not include:
(a) Outdoor apparel for severe wet conditions; or
(b) A textile article that is included in or a component part of a watercraft,
aircraft or motor vehicle, including an off-highway vehicle;
(8) Ski wax containing intentionally added PFAS; or
(9) Upholstered furniture containing intentionally added PFAS.
The prohibition under this paragraph applies to any of the products listed in
subparagraphs (1) to (9) that do not contain intentionally added PFAS but that are sold,
offered for sale or distributed for sale in a fluorinated container or in a container that
otherwise contains intentionally added PFAS. The prohibition under this paragraph
does not apply to any of the products listed in subparagraphs (1) to (9) that are sold,
offered for sale or distributed for sale in used condition.
B-2. Except as provided pursuant to paragraph F or G, effective January 1, 2029, a
person may not sell, offer for sale or distribute for sale in this State:
(1) Artificial turf containing intentionally added PFAS; or
(2) Outdoor apparel for severe wet conditions containing intentionally added
PFAS, unless the apparel is accompanied by a legible, easily discernable disclosure
that includes the following statement: "Made with PFAS chemicals." The
disclosure requirement under this subparagraph applies to all sales, offers for sale
or distributions for sale in this State of outdoor apparel for severe wet conditions
containing intentionally added PFAS, including those conducted using the Internet.
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The prohibition under this paragraph does not apply to any of the products listed in
subparagraphs (1) and (2) that are sold, offered for sale or distributed for sale in used
condition.
C. The department may by rule identify products by category or use that may not be
sold, offered for sale or distributed for sale in this State if they contain intentionally
added PFAS. The department shall prioritize the prohibition of the sale of product
categories that, in the department's judgment, are most likely to cause contamination
of the State's land or water resources if they contain intentionally added PFAS.
Products in which the use of PFAS is a currently unavoidable use as determined by the
department may be exempted by the department by rule. The department may not
prohibit by rule pursuant to this paragraph the sale, offer for sale or resale distribution
for sale of used products in used condition.
Rules adopted pursuant to this paragraph are major substantive rules as defined in Title
5, chapter 375, subchapter 2‑A.
D. Effective Except as otherwise provided in this paragraph or pursuant to paragraph
F or G, effective January 1, 2030 2032, a person may not sell, offer for sale or distribute
for sale in this State any product that contains intentionally added PFAS that is not
already prohibited from sale, offer for sale or distribution for sale pursuant to paragraph
A, B, B-1, B-2 or C, unless the department has determined by rule in accordance with
paragraph F that the use of PFAS in the product is a currently unavoidable use. The
department may specify specific products or product categories in which it has
determined the use of PFAS is a currently unavoidable use. This prohibition does not
apply to the sale or resale of used products.
The prohibition under this paragraph applies to any such products that do not contain
intentionally added PFAS but that are sold, offered for sale or distributed for sale in a
fluorinated container or in a container that otherwise contains intentionally added
PFAS. The prohibition under this paragraph does not apply to:
(1) Any such products sold, offered for sale or distributed for sale in used
condition;
(2) Cooling, heating, ventilation, air conditioning and refrigeration equipment,
including parts and other servicing needs for such equipment; or
(3) Refrigerants, foams and aerosol propellants that are listed as acceptable,
acceptable subject to use conditions or acceptable subject to narrowed use limits
by the United States Environmental Protection Agency pursuant to the Significant
New Alternatives Policy program, 40 Code of Federal Regulations, Part 82,
Subpart G, as long as the refrigerant, foam or aerosol propellant is sold, offered for
sale or distributed for sale for the use for which it is listed pursuant to that program.
E. Except as provided pursuant to paragraph F or G, effective January 1, 2040, a person
may not sell, offer for sale or distribute for sale in this State:
(1) Cooling, heating, ventilation, air conditioning or refrigeration equipment that
contains intentionally added PFAS; or
(2) Refrigerants, foams or aerosol propellants that contain intentionally added
PFAS.
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The prohibition under this paragraph applies to any of the products listed in
subparagraphs (1) and (2) that do not contain intentionally added PFAS but that are
sold, offered for sale or distributed for sale in a fluorinated container or in a container
that otherwise contains intentionally added PFAS. The prohibition under this
paragraph does not apply to any such products sold, offered for sale or distributed for
sale in used condition or to parts and other servicing needs for cooling, heating,
ventilation, air conditioning or refrigeration equipment, including refrigerants used in
the servicing of such equipment as long as the refrigerant is listed as acceptable,
acceptable subject to use conditions or acceptable subject to narrowed use limits by the
United States Environmental Protection Agency pursuant to the Significant New
Alternatives Policy program, 40 Code of Federal Regulations, Part 82, Subpart G and
sold, offered for sale or distributed for sale for the use for which the refrigerant is listed
pursuant to that program.
F. The department may by rule identify specific products or product categories
containing intentionally added PFAS for which it has determined the use of PFAS in
the product is a currently unavoidable use. If the department determines by rule that
the use of PFAS in a product or product category is a currently unavoidable use:
(1) The product is exempt from the otherwise applicable prohibition in this
subsection, or in the rules adopted pursuant to paragraph C, on the sale, offer for
sale or distribution for sale of the product for one of the following periods of time,
whichever provides a longer period of exemption:
(a) Five years from the effective date of the rule determining that the use of
PFAS in the product or product category is a currently unavoidable use; or
(b) Five years from the effective date of the otherwise applicable prohibition
in this subsection or in the rules adopted pursuant to paragraph C; and
(2) A manufacturer of the product that sells, offers for sale or distributes for sale
the product in this State shall comply with the notification requirement of
subsection 2.
G. The prohibitions in this subsection do not apply to a retailer in the State unless the
retailer sells, offers for sale or distributes for sale a product containing intentionally
added PFAS in the State for which the retailer has received a notification pursuant to
subsection 8, paragraph B that the sale of the product is prohibited.
6. Fees. The department may establish by rule and assess a fee payable by a
manufacturer upon submission of the notification required under that is required to comply
with the notification requirement of subsection 2 to cover the department's reasonable costs
in developing rules under subsection 5, paragraphs C and D and administering the
requirements of subsections 2 and 9 this section. Notwithstanding Title 5, section 8071,
rules adopted pursuant to this subsection are routine technical rules as defined in Title 5,
chapter 375, subchapter 2-A.
7. Failure to provide notice. Beginning January 1, 2025 2032, a person may not sell,
offer for sale or distribute for sale in the State a product containing intentionally added
PFAS for which the department has determined that the use of PFAS in the product is a
currently unavoidable use pursuant to subsection 5, paragraph F if the manufacturer of the
product has failed to provide the information required under subsection 2, except that this
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prohibition does not apply to:. This prohibition does not apply to a retailer in the State
unless the retailer sells, offers for sale or distributes for sale a product containing
intentionally added PFAS in the State for which the retailer has received a notification
pursuant to subsection 8, paragraph B that the sale of the product is prohibited.
A. A product exempted from the prohibition under this subsection by the department
upon a determination by the department that the use of PFAS in the product is a
currently unavoidable use;
B. A retailer in the State unless the retailer sells, offers for sale or distributes for sale
in the State a product for which the retailer has received a notification pursuant to
subsection 8, paragraph B that the sale of the product is prohibited;
C. A manufacturer exempted from the notification requirement pursuant to subsection
2, paragraph D;
D. A product for which the department has waived the notification requirement
pursuant to subsection 3; and
E. A manufacturer that pursuant to subsection 3 has received from the department an
extension of the deadline for submission of the information required by subsection 2.
The exception under this paragraph applies only for the duration of the extension
provided by the department.
8. Certificate of compliance. If the department has reason to believe that a product
contains intentionally added PFAS and is being sold, offered for sale or distributed for sale
in violation of subsection 5 or 7, the department may direct the manufacturer of the product
to, within 30 days:
A. Provide the department with the a certificate attesting that the product does not
contain intentionally added PFAS; or
B. Notify persons who sell that sell, offer for sale or distribute for sale the product in
this State that the sale of that the product is prohibited in this State and provide the
department with a list of the names and addresses of those persons notified.
9. PFAS source reduction program. To the extent funds are available and in
consultation with relevant stakeholders, the department shall develop and implement a
program to reduce the presence of PFAS in discharges to air, water and land by encouraging
the use of safer alternatives to and the proper management of materials containing PFAS.
The program may include:
A. Information resources targeted to industrial or commercial users of PFAS;
B. Education of the general public;
C. To the extent funds are available, grants to operators of publicly owned treatment
works for the purposes of developing, expanding or implementing pretreatment
standards for PFAS and education of users on sources of PFAS and proper
management;
D. To the extent funds are available, grants to municipalities for the purposes of
educating solid waste disposal users on sources of PFAS and proper management; and
E. Other efforts determined by the department to be prudent to achieve the program's
purpose.
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10. Rules. The department shall adopt rules to implement this section. Except as
provided in subsection 5, paragraph C, rules adopted to implement this section are routine
technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
11. Report. By January 1, 2026, and biennially thereafter, the department shall submit
to the joint standing committee of the Legislature having jurisdiction over environment and
natural resources matters a report regarding the implementation of this section and other
state and federal laws governing the presence of PFAS in products, including any
recommendations for necessary legislative changes to this section. After reviewing the
report, the committee may report out legislation relating to the report.
12. Proprietary information. Proprietary information submitted to the department
by a manufacturer pursuant to the requirements of this section that is identified by the
manufacturer as proprietary information is confidential and must be handled by the
department in the same manner as confidential information is handled under section
1310‑B.
Sec. 2. Department of Environmental Protection; report. The Department of
Environmental Protection shall evaluate the feasibility of and develop recommendations as
appropriate regarding the implementation of one or more product stewardship programs
for any of the products containing intentionally added PFAS that are identified in the Maine
Revised Statutes, Title 38, section 1614, subsection 4, paragraphs H to L or subsection 5,
paragraph E, subparagraphs (1) and (2). The department shall include its findings and any
recommendations from that evaluation in the report required by Title 38, section 1614,
subsection 11 and due January 1, 2026 to the joint standing committee of the Legislature
having jurisdiction over environment and natural resources matters.
