LD 1034
pg. 3
Page 2 of 3 An Act To Prevent Lead Poisoning of Children and Adults LD 1034 Title Page
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LR 2022
Item 1

 
and other persons as imposed by subsection 1, taking into
consideration the criteria listed in subsection 2.__To the extent
practicable, the rules must ensure that fees are collected on
products sold by distributors and wholesalers.__In determining the
total amount of fees and the specific fee schedule, the department
shall also consider similar fee-funded lead poisoning prevention
programs as adopted by other states.__The costs for development of
these rules and for administration of the fund must be reimbursed
from the fees collected.__The rules must specify that the first
payment of fees is due on or before April 1, 2007.__Rules adopted
pursuant to this subsection are routine technical rules as defined
in Title 5, chapter 375, subchapter 2-A.

 
4.__Exemption.__A fee may not be assessed upon a person if
that person demonstrates, to the satisfaction of the
commissioner, that the lead or the product containing lead with
which it is or was associated does not or did not result in
quantifiable persistent environmental or occupational lead
hazards.

 
Sec. 4. Report. The Department of Health and Human Services,
Bureau of Health shall report to the Joint Standing Committee on
Health and Human Services by January 15, 2006 with
recommendations, if any, for additional legislation needed to
fully implement the anticipated fee schedule under development by
rules as required by the Maine Revised Statutes, Title 22,
section 1322-F, subsection 3. The Joint Standing Committee on
Health and Human Services may report a bill to the Second Regular
Session of the 122nd Legislature in response to the
recommendations of the Bureau of Health.

 
SUMMARY

 
The bill creates the Lead Poisoning Prevention Fund to support
grants, contracts and programs for educational outreach to
prevent lead poisoning in children and adults. The bill creates
a fee to be imposed on manufacturers and other persons who
contribute to environmental and occupational lead hazards. The
bill requires the Department of Health and Human Services, Bureau
of Health to adopt rules by July 1, 2006 to assess fees based on
a person's relative contribution to lead hazards, the lead
content of products, releases of lead to the environment or known
occupational lead exposures. The Bureau of Health shall report
to the Joint Standing Committee on Health and Human Services by
January 15, 2006 with recommendations to implement the fee
schedule.


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