An Act Relating to Radon Testing and Disclosure to Tenants
Maine Legislature, Session 126, LD 0328
Committee Amendment CA_A_S226 (Senate)
Amends: 14 MRSA §6001, 14 MRSA §60

COMMITTEE AMEND~IENT " A" to S.P. 124, L.D. 328, Bill, "An Act Relating 
to Radon Testing and Disclosure to Tenants" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 14 MRSA §6001, sub-§3, ~A, as amended by PL 2009, c. 566, §2, is 
further amended to read: 
A. Asserted the tenant's rights pursuant to section 6021 or section 6030-0; 
Sec. 2. 14 MRSA §60:IO-D, as amended by PL 2011, c. 96, §3 and c. 157, § 1, is 
further amended to read: 
§6030-D. Radon testing 
1. Testing. By March 1,2014 ... and, unless a mitigation system has been installed in 
that residential building, every 10 years thereafter when requested by a tenant, a landlord 
or other person who on behalf of a landlord enters into a lease or tenancy at will 
agreement for a residential building shall have the air of the residential building tested for 
the presence of radon. A For a residential building constructed or that begins operation 
after March 1, 2014, a landlord or other person acting on behalf of a landlord shall have 
the air of the residential building tested for the presence of radon within 12 months of the 
occupancy of the building by at tenant. Except as provided in subsection 5, 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. 
I-A. Short-term rentals. As used in this section, "residential building" does not 
include a building used exclusively for rental under short-term leases of 100 days or less 
where no lease renewal or extension can occur. 
2. Notification. A Within 30 days of receiving results of a test with respect to 
existing tenants or before a tenant enters into a lease or tenancy at will agreement or pays 
a deposit to rent or lease a property, a landlord or other person who on behalf of a 
landlord enters into a lease or tenancy at will agreement for a residential building shall 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 124, L.D. 328 
provide written notice, as prescribed by the Department of Health and Human Services, 
to a tenant or flotefttial teaaat regarding the presence of radon in the building, including 
the date and results of the most recent test conducted under subsection 1, 5 or 6, whether 
mitigation has been performed to reduce the level of radon, notice that the tenant has the 
right to conduct a test and the risk associated with radon. Upon request by a prospective 
tenant, a landlord or other person acting on behalf of a landlord shall provide oral notice 
regarding the presence of radon in a residential building as required by this subsection. 
The Department of Health and Human Services shall prepare a standard disclosure 
statement form for a landlord or other person who on behalf of a landlord enters into a 
lease or tenancy at will agreement for real property to use to disclose to a tenant er 
flotefttial 
teaaat information concerning radon. 
The form 
must 
include 
an 
acknowledgment that the tenant or floteatial teaaat 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. 
J. MitigatiOB. WfleR the test of a residefttial auildiRg HAder suaseetioR 1 reveals a 
level of radoR of 4.0 flieoeuries fler liter of air or aBove, the laadlord or other flersoa 'Nho 
oa aehalf of a laadlord eftters iftto a lease or teaaaey at will agreemeftt for that auildiag 
shall, 'NithiR 6 moHths, mitigate the level of radoa ia the resideHtial auildiag HAtil it is 
redueed to a level aelow 4.0 flieoeuries fler liter of air. If a laadlord or other flersoa ".lho 
oa aehalf of a laadlord eaters iato a lease or teaaney at vlill agreemeftt for a residefttial 
auildiag is required to oataia a flermit uader a IDeal or muaieiflal ordiRaaee, mitigatioa 
must oeeHF withia 6 moHths after oataiaiRg ~' aeeessary flermit. Mitigatioa serviees 
must ae flro'lided ay a flersoa registered with the Deflartmeat of Health aad Humaa 
Seryiees flursuaHt to Title 22, ehafJter 165. After mitigatioa has aeea flerformed flufsuant 
to this suaseetioa to reduee the level ofradoa, the laadlord or other flersoa '.vho oa aehalf 
of a laadlord eaters iftto a lease or teaaae~' at will agreemeat for the fesideatial auildiag 
shall flFOyide writtea aotiee to teaaftts that Fadoa le'/els haye aeea mitigated. 
4. 
Penalty; breach of implied warranty. A person who violates this section 
commits a civil violation for which a fme of not more than $250 per violation may be 
assessed. The failure of a landlord or other person who on behalf of a landlord enters into 
a lease or tenancy at will agreement for a residential building to provide the notice 
required under subsection 2 or the falsification of a test or test results by the landlord or 
other person is a breach of the implied warranty of fitness for human habitation in 
accordance with section 6021. 
5. Testing by landlords. A landlord or other person acting on behalf of a landlord 
may conduct a test required to be performed under this section on a residential building 
that. at a minimum, does not include an elevator shaft, an unsealed utility chase or open 
pathway, a forced hot air or central air system or private well water unless the water has 
been tested for radon by a person registered under Title 22, chapter 165 and the results 
show a radon level acceptable to the Department of Health and Human Services, or on a 
building otherwise defined in rules adopted by the Department of Health and Human 
Services. A test or testing equipment used as permitted under this subsection must 
conform to any protocols identified in rules adopted by the Department of Health and 
Human Services. 
6. Testing by tenants; disputed test results. A tenant may conduct a test for the 
presence of radon in the tenant's dwelling unit in a residential building in conformity with 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "-A" to S.P. 124, L.D. 328 
rules adopted by the Department of Health and Human Services or have a test conducted 
by a person registered with the Department of Health and Human Services pursuant to 
Title 22, chapter 165. After receiving notice of a radon test from a tenant indicating the 
presence of radon at or in excess of 4.0 picocuries per liter of air, either the landlord shall 
disclose those results as required by subsection 2 or the landlord or other person acting on 
behalf of the landlord shall have a test conducted by a person registered with the 
Department of Health and Human Services pursuant to Title 22, chapter 165 and shall 
disclose the results of that test to the tenant as required by subsection 2. 
7. Reporting of test results. A landlord or a person registered with the Department 
of Health and Human Services pursuant to Title 22, chapter 165 who has conducted a test 
of a residential building as n:quired by this section or accepted the results of a tenant-
initiated test as set forth in subsection 6 shall report the results of the test to the 
Department of Health and Human Services within 30 days of receipt of the results in a 
form and manner required by the department. 
8. Termination of lease or tenancy at will. If a test of a residential building under 
this section reveals a level of radon of 4.0 picocuries per liter of air or above, then either 
the landlord or the tenant mav terminate the lease or tenancy at will with a minimum of 
days' notice. Except as provided in section 6033, a landlord may not retain a security 
deposit or a portion of a security deposit for a lease or tenancy at will terminated as a 
result of a radon test in accordance with this subsection. 
Sec. 3. Rulemaking. By November 1,2013, the Department of Health and Human 
Services shall adopt rules, in accordance with the Maine Revised Statutes, Title 5, chapter 
375, to implement the requirements of this Act regarding the definition of those 
residential buildings where a radon test must be conducted by a person registered with the 
department and standards related to testing equipment that may be used by a landlord or 
other person. Rules adopted pursuant to this section are routine technical rules as defmed 
in Title 5, chapter 375, subchapter 2-A. 
Sec. 4. Prior tests. If a residential building was tested for the presence of radon in 
accordance with protocols id~mtified by the Department of Health and Human Services 
prior to November 1, 2013, this Act may not be construed to require a landlord or other 
person who on behalf of a landlord enters into a lease or tenancy at will agreement for a 
residential building to conduc1 another test before March 1,2014. 
Sec. 5. 
Department of Health and Human Services; modification to 
disclosure statement form. By November 1, 2013, the Department of Health and 
Human Services shall modify the standard disclosure statement form required under the 
Maine Revised Statutes, Title 14, section 6030-D, subsection 2 as necessary to reflect the 
changes made by this Act.' 
SUMMARY 
This amendment replaces the bill. The amendment changes the law regarding radon 
testing of residential units as follows. 
1. Testing remains required by March 1,2014 and every 10 years thereafter but only 
upon request by a tenant and only if a mitigation system is not in place. 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT 'A," to S.P. 124, L.D. 328 
2. Landlords must disclose testing results prior to renting rather than to all potential 
tenants. Landlords must also disclose results of a test to existing tenants within 30 days of 
receiving results. 
3. Landlords are authorized to perform radon testing except in certain complex 
buildings as defined in rules adopted by the Department of Health and Human Services. 
4. Landlords are required to test for radon and disclose the results. The requirement 
in statute to mitigate is elminated. 
5. The disclosure must include the results of the test, the date of the test, that the 
tenant has the right to test and a reference to where the tenant can get more information 
about radon. The Department of Health and Human Services is required to modify the 
standard disclosure statement form to reflect the changes. 
6. If a tenant and the landlord get different results for tests, the landlord may hire a 
professional and disclose the result of the testing performed by the professional. The 
landlord may also choose to accept the tenant's results. 
7. Tenants explicitly have the right to test for radon. 
8. Results of testing by a landlord must be reported to the Department of Health and 
Human Services within 30 days. 
9. By November 1,2013, the Department of Health and Human Services must adopt 
rules for testing that incorporate existing protocols by reference. 
10. The failure of a landlord to disclose test results or the falsification of records by a 
landlord is considered a breach of the warranty of habitability. 
11. If radon test results exceed 4.0 picocuries per liter, a landlord or tenant may 
terminate the lease with 30 days' notice in accordance with current law. A landlord may 
not retain a security deposit for a termination based on radon test results. 
12. If a landlord brings an action for forcible entry and detainer, a tenant's assertion 
of rights under the law regarding residential radon testing creates a rebuttable 
presumption of retaliation against the tenant. 
FISCAL ~OTE REQuIRED 
.(See, a.tt~c~e~J 
COMMITTEE AMENDMENT 
Revised: 06/05/13 ;tvac:.. 
LD328 
LR 686(02) 
An Act Relating to Radon Testing and Disclosure to Tenants 
Fiscal Note for Bill as Amended by Committee Amendment 7\.'6 -2 2-0 ) 
Committee: Veterans and Legal Affairs 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost impact - General Fund 
Minor revenue decrease - General Fund 
Correctional and Judicial Impact Statements 
Eliminates civil violations. 
A reduction in fines will decrease General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services for rulemaking and other activities related to 
the provisions of this bill can be absorbed within existing budgeted resources. 
LR0686(02) - Fiscal Note - Page 1 of 1