An Act To Protect Children from Hazardous Lead-based Paint
Maine Legislature, Session 123, LD 2218
Committee Amendment CA_A_H921 (House)
Amends: 38 MRSA §1298

COMMITTEE AMENDMENT ,A " to H.P. 1584, L.D. 2218, Bill, "An Act To 
Protect Children from Hazardous Lead-based Paint" 
Amend the bill in Part A in section 5 in paragraph G in the first 2 lines (page I, lines 
and 31 in L.D.) by striking out the following: 
"and the lead-safe renovation 
notification, inspection and enforcement programs administered" and inserting the 
following: 'registry' 
Amend the bill in Part A in section 7 in § 1329 in subsection 2 in the first line (page 2, 
line 19 in L.D.) by striking out the following: "Department of Environmental Protection" 
and inserting the following: 'department' and in the 2nd line from the end (page 2, line 24 
in L.D.) by striking out the following: "Department of Environmental Protection" and 
inserting the following: 'department' 
Amend the bill in Part B by striking out all of section I (page 2, lines 27 to 36 in 
L.D.) 
Amend the bill in Part B in section 2 in subsection 19-A in the last line (page 3, line 3 
in L.D.) by striking out the following: "1298" and inserting the following: '1295' 
Amend the bill in Part B in section 4 in subsection 26-A by striking out all of 
paragraph D (page 3, lines 21 and 22 in L.D.) and renumbering the lettered paragraphs to 
read consecutively. 
Amend the bill in Part B by striking out all of sections 5 to 8 and inserting the 
following: 
'Sec. B-S. 38 MRSA §1298 is enacted to read: 
§ 1298. Registry of leased lead-safe residential dwellings 
1. Registry. The department shall maintain a registry of leased residential dwellings 
built before 1978 that are lead-safe as designated by the property owners in accordance 
with subsection 2. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT ·A " 
to H.P. 1584, L.D. 2218 
2. Designation as lead-safe. A leased residential dwelling may be designated as 
lead-safe for the purposes of this section if the property owner has submitted to the 
department an application for the property to be placed on the registry created under 
subsection 1. Submission of an application to the registry is voluntary on the part of the 
property owner. 
3. Application. The application under subsection 2 must be submitted together with 
a report by a lead inspector that indicates that the leased residential dwelling has been 
tested for the presence of lead-based paint and lead-contaminated dust and that the 
dwelling meets the requirements for certification as lead-safe in accordance with the 
standards and procedures established by rules adopted by the commissioner.' 
Amend the bill in Part C by striking out all of section 1 and inserting the following: 
'Sec. C-l. Review and report. The Department of Environmental Protection, the 
Maine State Housing Authority and the Department of Health and Human Services, 
Maine Center for Disease Control and Prevention, jointly referred to in this section as 
"the agencies," shall review the following issues related to achieving housing safe from 
lead hazards and the elimination of childhood lead poisoning. The agencies shall report 
by January 1, 2009 and may make recommendations regarding achieving lead-safe 
housing and eliminating lead poisoning with proposed legislation to the joint standing 
committees of the Legislature having jurisdiction over health and human services matters 
and natural resources matters. 
1. The agencies shall review and make recommendations on resources and incentives 
to promote housing that is lead-safe, as defined in the Maine Revised Statutes, Title 38, 
section 1291, subsection 19-A, including the lead poisoning prevention fee established in 
Title 22, section 1322-F and lead-safe renovation notification and work practice 
requirements. 
2. 
The agencies shall review and make recommendations concerning the 
establishment of a requirement to ensure that every leased residential dwelling is 
maintained as lead-safe, including routine maintenance and owner self-inspection 
requirements, and the inclusion of such a requirement under a warranty of habitability. 
3. 
The agencies shall review and make recommendations concerning the 
establishment of a requirement that the owner of a residential property built before 1978 
subject the property to a lead inspection and provide a copy of the lead inspection report 
to any prospective buyer prior to transfer of the property to a new owner and the capacity 
of qualified lead professionals to perform this work. 
4. The agencies shaH review ways to fully implement and enforce lead poisoning 
prevention programs established by statute and make recommendations to eliminate lead 
paint and lead poisoning risks in the State.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·It" to H.P. 1584, L.D. 2218 
SUMMARY 
This amendment switches responsibility for producing posters and brochures warning 
of lead poisoning from the Department of Environmental Protection to the Department of 
Health and Human Services. It strikes portions of the bill that require annual self-
inspection for lead dangers by owners of leased residential properties. The amendment 
retains language allowing an owner of a leased residential property to designate the 
property on a registry of lead-safe property maintained by the Department of 
Environment Protection. The amendment expands the scope of the report on lead-safe 
housing by the Department of Environmental Protection, the Maine State Housing 
Authority and the Department of Health and Human Services, Maine Center for Disease 
II 
Control and Prevention. The amendment strikes those sections of the bill that require 
notice of renovations and remodeling and that grant an exemption to the notice 
requirement for renovations and remodeling by an owner who occupies the residential 
dwelling. 
FISCAL ;\OTE REQllREU 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Approved: 04/02/08 frac. 
LD 2218 
LR 3102(02) 
An Act To Protect Children from Hazardous Lead-based Paint 
Fiscal Note for Bill as Amended by Committee Amendment "I} " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - Other Funds 
Additional costs to the Department of Environmental Protection and the Maine State Housing Authority associated 
with conducting the required review and preparing the required report can be absorbed within existing budgeted 
resources. Any additional costs to the Maine Center for Disease Control and Prevention in the Department of Health 
and Human Services in implementing this bill can be absorbed utilizing existing budgeted resources. 
LR3l02(02) - Fiscal Note - Page 1 of 1