An Act To Reduce Lung Cancer Rates in Maine
Maine Legislature, Session 124, LD 0943
Committee Amendment CA_A_H365 (House)
Amends: 14 MRSA §6030-D, 22 MRSA §778

COMMITTEE AMENDMENT "p, " to H.P. 646, L.D. 943, Bill, "An Act To 
Reduce Lung Cancer Rates in Maine" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §6030-D is enacted to read: 
§6030-D. Radon testing 
1. Testing. By 2012 and every 10 years thereafter, a landlord or other lessor of a 
residential building shall have the air of the residential building tested for the presence of 
radon. A test required to be performed under this section must be conducted by a person 
registered with the Department of Health and Human Services pursuant to Title 22, 
chapter 165. 
2. Notification. A landlord or other lessor of a residential building shall provide 
written notice to a tenant or potential tenant regarding the presence of radon in the 
building, including the date and results of the most recent test conducted under subsection 
1, and the risk associated with radon. The department shall prepare a standard disclosure 
statement form for landlords and other lessors of real property to use to disclose to a 
tenant or potential tenant information concerning radon. The form must include an 
acknowledgment that the tenant or potential tenant has received the disclosure statement 
required by this subsection. The department shall post and maintain the forms required by 
this subsection on its publicly accessible website in a format that is easily downloaded. 
3. Mitigation. When the test of a residential building under subsection 1 reveals a 
level of radon of 4.0 picocuries per liter of air or above, the landlord or other lessor of 
that building 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. If a landlord or other 
lessor of a residential building is required to obtain a permit under a local or municipal 
ordinance, mitigation must occur within 6 months after obtaining any necessary permit. 
Mitigation services must be provided by a person registered with the Department of 
Health and Human Services pursuant to Title 22, chapter 165. After mitigation has been 
COMMITTEE AMENDMENT 
~. .'0. 
COMMITTEE AMENDMENT" A 
"to H.P. 646, L.D. 943 
perfonned pursuant to this subsection to reduce the level of radon, the landlord or other 
lessor of the residential building shall provide written notice to tenants that radon levels 
have been mitigated. 
4. Penalty. A person who violates this section commits a civil violation for which a 
fine of not more than $250 per violation may be assessed. 
Sec. 2. 22 MRSA §778, as corrected by RR 1991, c. 2, §75, is amended to read: 
§778. Reports 
A person registered under section 774 or 775 shall, within 45 days of the date the 
services are provided, notify the department in writing of the street' address and zip code 
of the client and the results of any tests perfonned. The department may, by rule, specify 
an alternative notification procedure and notification period and any additional data 
required in the report.' 
SUMMARY 
This amendment replaces the bill. The amendment requires a landlord or other lessor 
of a residential building to test the residential building for radon by 2012 and every 10 
years thereafter. The bill would have required testing every 5 years. The amendment 
clarifies that the testing and mitigation, if necessary, must be perfonned by a person 
registered with the Department of Health and Human Services. If a level of radon at 4.0 
picocuries per liter of air or above is detected, the amendment also requires landlords to 
mitigate the radon until it is reduced to a level below 4.0 picocuries per liter of air. The 
mitigation must occur within 6 months or, if any local penn its are required prior to 
mitigation, within 6 months of obtaining the necessary permits. The bill would have 
required mitigation immediately and did not include a specific radon level to trigger the 
mitigation requirement. The amendment reduces the financial penalty for a violation from 
$500 to $250. The amendment also requires persons registered with the department to 
include the street address of the property and any additional data required when reporting 
the provision of mitigation services under current law. 
FISCAL NOTE REQUIRED 
(See attacbed) 
COMMITTEE AMENDMENT 
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Approved: 05/22/09 Mac:.. 
LD943 
LR 1029(02) 
An Act To Reduce Lung Cancer Rates in Maine 
Fiscal Note for Bill as Amended by CommitieeAmendment '~" 
, Committee: Legal and Veterans Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increase~ the number of civil violations. 
The collection of additional fines may also increase General Fund revenue by minor amolints. 
LRI029(02) - Fiscal Note - Page 1 of 1