Bill Summary – FastDemocracy

130th MAINE LEGISLATURE
                    FIRST SPECIAL SESSION-2021
Legislative Document                                                                          No. 1437
H.P. 1053                                                      House of Representatives, April 12, 2021
            An Act To Reduce Poisoning from Radon, Arsenic and Other Air or
            Water Pollutants by Expanding Education, Testing and Mitigation
            Regarding Those Pollutants
   Received by the Clerk of the House on April 8, 2021. Referred to the Committee on Health
and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule

                                                                                   ROBERT B. HUNT
                                                                                              Clerk
Presented by Representative KESSLER of South Portland.
                                       Printed on recycled paper
 Be it enacted by the People of the State of Maine as follows:
     Sec. 1. 22 MRSA §1643 is enacted to read:
 §1643. Radon, arsenic and uranium education to state employees
     The department shall annually provide educational information about poisoning from
 radon, arsenic, uranium and other air or water pollutants to state employees via electronic
 communication. The department and the Department of Administrative and Financial
 Services, Bureau of Human Resources may coordinate as necessary to provide this
 information to state employees.
     Sec. 2. 30-A MRSA §4852, sub-§2, ¶A, as repealed and replaced by PL 1989, c.
 48, §§5 and 31, is amended by amending subparagraph (5) to read:
         (5) Pay the administrative costs of state public bodies or other public
         instrumentalities and private, nonprofit corporations directly associated with
         housing projects; and
     Sec. 3. 30-A MRSA §4852, sub-§2, ¶A, as repealed and replaced by PL 1989, c.
 48, §§5 and 31, is amended by amending subparagraph (6) to read:
         (6) Otherwise make the costs of single-family or multi-unit residential housing
         affordable by persons of low-income.; and
     Sec. 4. 30-A MRSA §4852, sub-§2, ¶A, as repealed and replaced by PL 1989, c.
 48, §§5 and 31, is amended by enacting a new subparagraph (7) to read:
         (7) Pay for the cost of testing for or mitigation of mold, radon, arsenic, uranium
         or other air or water pollutants.
     Sec. 5. 30-A MRSA §4862, sub-§2, ¶E, as enacted by PL 2009, c. 372, Pt. E, §1,
 is amended to read:
     E. Replace hazardous, unhealthy and inefficient manufactured homes that do not meet
     the United States Department of Housing and Urban Development standards under 24
     Code of Federal Regulations, Part 3280; and
     Sec. 6. 30-A MRSA §4862, sub-§2, ¶F, as enacted by PL 2009, c. 372, Pt. E, §1,
 is amended to read:
     F. Reduce the State's greenhouse gas emissions, lower dependence on foreign oil and
     ease the energy burden on households in the State by increasing the energy efficiency
     of housing in the State.; and
     Sec. 7. 30-A MRSA §4862, sub-§2, ¶G is enacted to read:
     G. Authorize the payment of the cost of testing for or mitigation of mold, radon,
     arsenic, uranium or other air or water pollutants.
     Sec. 8. 32 MRSA §13197, sub-§3, as enacted by PL 1987, c. 395, Pt. A, §212, is
 amended to read:
      3. Core requirement. The commission may establish a core educational requirement
 for each license type, not to exceed 6 clock hours, in which case the remaining requirement
 shall must be fulfilled from elective programs approved by the commission. The
 commission shall include in the core educational requirement a program or course
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41
 approved by the commission related to radon, arsenic, uranium and other air or water
42
 pollutants. This requirement does not apply to agency and company licenses.
     Sec. 9. 33 MRSA §459-A is enacted to read:
 §459-A. Testing for radon, arsenic and uranium required for residential real
        property
     Before the conveyance of any residential real property in accordance with this chapter,
 the property must be tested for the presence of radon, arsenic and uranium. For purposes
 of this section, "residential real property" has the same meaning as in section 171,
 subsection 6.
     Sec. 10. 35-A MRSA §10109, sub-§4, ¶K is enacted to read:
     K. The trust shall provide programs that include customer education on the risk of
     radon exposure related to weatherization work. The trust shall provide incentives to
     pay for testing for and mitigation of mold, radon or other air pollutants that may be
     exacerbated by weatherization work performed at a home.
     Sec. 11. 35-A MRSA §10110, sub-§2, ¶M is enacted to read:
     M. The trust shall provide programs that include customer education on the risk of
     radon exposure related to weatherization work. The trust shall provide incentives to
     pay for testing for and mitigation of mold, radon or other air pollutants that may be
     exacerbated by weatherization work performed at a home.
     Sec. 12. 35-A MRSA §10111, sub-§1, ¶C is enacted to read:
     C. The trust shall provide programs that include customer education on the risk of
     radon exposure related to weatherization work. The trust shall provide incentives to
     pay for testing for and mitigation of mold, radon or other air pollutants that may be
     exacerbated by weatherization work performed at a home.
     Sec. 13. 35-A MRSA §10119, sub-§2, ¶B, as amended by PL 2019, c. 306, §6, is
 further amended by enacting a new subparagraph (5) to read:
         (5) Weatherization programs must include customer education on the risk of radon
         exposure related to weatherization work. The trust shall provide incentives to pay
         for testing for and mitigation of mold, radon or other air pollutants that may be
         exacerbated by weatherization work performed at a home.
                                       SUMMARY
     This bill:
    1. Requires the Department of Health and Human Services to annually provide
 educational information about poisoning from radon, arsenic, uranium and other air or
 water pollutants to state employees via electronic communication;
      2. Authorizes the Housing Opportunities for Maine Program funds to be used to pay
 for the cost of testing for and mitigation of mold, radon, arsenic, uranium or other air or
 water pollutants;
                                        Page 2 - 130LR1789(01)
     3. Authorizes the Maine Energy, Housing and Economic Recovery Program funds to
 be used to pay for the cost of testing for and mitigation of mold, radon, arsenic, uranium or
 other air or water pollutants;
     4. Requires the Real Estate Commission to include in the core educational requirements
 a program or course related to radon, arsenic, uranium and other air or water pollutants;
     5. Requires any residential real property to be tested for the presence of radon, arsenic
 and uranium before it can be conveyed; and
      6. Provides that the Regional Greenhouse Gas Initiative Trust Fund, the Heating Fuels
 Efficiency and Weatherization Fund and the electric efficiency and conservation programs
 and natural gas conservation program under the Efficiency Maine Trust provide programs
 that include customer education on the risk of radon exposure related to weatherization
 work and provide incentives to pay for testing for and mitigation of mold, radon or other
 air pollutants that may be exacerbated by weatherization work performed at a home.
                                        Page 3 - 130LR1789(01)
Statutes affected: 
Bill Text LD 1437, HP 1053: 30-A.4852, 30-A.4862, 32.13197, 35-A.10119