Bill Summary – FastDemocracy

LAW WITHOUT
                                                                  GOVERNOR'S               CHAPTER
                                                                  SIGNATURE
                                                                                                470
                                                                  JULY 15, 2021           PUBLIC LAW
                                  STATE OF MAINE
                                          _____
                           IN THE YEAR OF OUR LORD
                        TWO THOUSAND TWENTY-ONE
                                          _____
                                   S.P. 203 - L.D. 819
  An Act To Reduce Lung Cancer Rates in Maine by Creating a Voluntary
  Radon Testing and Mitigation Program for Landlords, Homeowners and
                             Home Builders
Be it enacted by the People of the State of Maine as follows:
    Sec. 1. 22 MRSA §785 is enacted to read:
§785. Maine Gold Standard for Radon Testing and Mitigation Initiative
    The Maine Gold Standard for Radon Testing and Mitigation Initiative is established,
beginning July 1, 2022, within the department to reward, recognize, promote and assist,
with a gold standard designation, landlords, homeowners and home builders who
participate in radon testing and mitigation activities under this section. A person who meets
the criteria established in this section and by the department in rules may achieve a gold
standard designation.
   1. Criteria for landlords. In order to obtain the gold standard designation, a landlord
must meet the following criteria relating to testing and mitigation.
    A. Every 2 years, the landlord shall conduct radon testing in compliance with this
    chapter and any standards established by the United States Environmental Protection
    Agency. The results of the test must be submitted to the department, and the
    department shall post the results to its publicly available website. The department shall
    pay for all costs for radon testing that occurs in accordance with this subsection.
    B. If the results of the radon test completed in accordance with paragraph A reveal a
    level of radon of 4.0 picocuries per liter of air or above, the landlord shall, within 6
    months, mitigate the level of radon in the residential building until it is reduced to a
    level below 4.0 picocuries per liter of air. Mitigation services must be provided by a
    person registered with the department pursuant to this chapter. After mitigation has
    been performed pursuant to this paragraph to reduce the level of radon, the landlord
    shall provide written notice to tenants that the radon levels have been mitigated. The
    department shall pay for the first $600 in mitigation expenses on behalf of a landlord
    as a result of a test conducted in accordance with paragraph A if it exceeds a level of
    radon of 4.0 picocuries per liter of air or above.
                                   Page 1 - 130LR1517(03)
     2. Criteria for homeowners. In order for a homeowner to obtain the gold standard
designation, the homeowner shall, before the conveyance of any residential real property
in accordance with Title 33, chapter 7, test for the presence of radon in the air and water in
residential real property and arsenic and uranium in water from a private well. For purposes
of this subsection, "residential real property" has the same meaning as in Title 33, section
171, subsection 6. The department shall pay for all costs for testing that occurs in
accordance with this subsection and any rules adopted by the department. The department
shall pay for the first $600 in mitigation expenses on behalf of a homeowner in accordance
with any rules adopted by the department.
     3. Criteria for home builders. In order to obtain the gold standard designation, a
home builder constructing a new home in a municipality that has up to 4,000 residents shall
comply with any standards relating to radon preventive features in the Maine Uniform
Building and Energy Code and the new home must receive an inspection in accordance
with rules adopted by the department. To the extent testing is required by the department
in rule to obtain the gold standard, the department shall pay for all costs for testing. To the
extent mitigation is required by the department in rule, the department shall pay for the first
$600 in mitigation expenses.
    4. Rules. The department shall adopt rules to implement this section. Rules adopted
pursuant to this section are routine technical rules as defined in Title 5, chapter 375,
subchapter 2-A.
    Sec. 2. Rulemaking. The Department of Health and Human Services shall adopt
rules to implement the Maine Gold Standard for Radon Testing and Mitigation Initiative
established in the Maine Revised Statutes, Title 22, section 785. The department shall
convene a stakeholder group to assist in the development of the rules.
                                    Page 2 - 130LR1517(03)
Statutes affected: 
Bill Text LD 819, SP 203: 14.6030