Summary — LD 407: Prohibiting/Removing Aqueous Film‑Forming Foam at the Former Brunswick NAS
Status
- Signed by the Governor on May 23, 2025 (finally passed in concurrence May 20–21, 2025).
- Introduced February 4, 2025; referred to the Committee on Environment and Natural Resources.
- Committee Amendment "A" (H‑132) was adopted; the enacted measure is a resolve directing removal/deactivation (see “Key provisions” below).
Purpose
- To stop use of aqueous film‑forming foam (AFFF) on properties of the Midcoast Regional Redevelopment Authority (MRRA) that include the former Brunswick Naval Air Station and to require removal/deactivation and eventual purging of AFFF from fire‑suppression systems on those properties. (AFFF commonly contains PFAS chemicals and is of environmental/health concern.)
Key provisions / requirements
- MRRA must deactivate and remove AFFF from fire‑suppression systems on its properties by December 31, 2025.
- MRRA must acquire sufficient funding by July 1, 2026, to fully purge those systems of AFFF by December 31, 2026.
- No state appropriations or allocations are included in the bill to fund MRRA’s obligations.
- The Department of Environmental Protection (DEP) retains enforcement authority; anticipated enforcement costs are minor and expected to be absorbable within existing DEP resources.
Who is affected
- Primary: Midcoast Regional Redevelopment Authority (MRRA) and MRRA‑managed properties, including the former Brunswick Naval Air Station.
- Secondary: tenants/operators at MRRA properties, contractors engaged in deactivation/removal, and state environmental regulators (DEP).
- Public agencies: earlier fiscal analysis considered potential local government mandate implications, but the enacted version treats MRRA as a quasi‑independent entity (not triggering the state mandate funding requirement).
Fiscal impact
- Preliminary fiscal note (3/10/25) flagged a potential unfunded state mandate with possible local costs related to disposal/transportation of AFFF.
- Revised fiscal notes (4/15/25 and 5/14/25) characterize expected fiscal impact as a minor General Fund cost for state oversight; MRRA costs for removal/purging remain, but MRRA’s quasi‑independent status means the constitutional state‑mandate funding rule does not apply.
- No state funding was provided in the bill to cover MRRA’s costs.
Procedural history (selected)
- Committee work sessions and reports March–May 2025; Committee Amendment "A" adopted May 13–14, 2025.
- Final passage and concurrence in both chambers May 20–21, 2025; signed into law May 23, 2025.
Implications
- The law requires MRRA to take concrete, time‑bound steps to remove AFFF from its systems, shifting removal and purge costs to MRRA (absent new state appropriations).
- DEP enforcement duties are expected to be manageable within current resources.