An Act Relating to Radon Testing and Disclosure to Tenants
Maine Legislature, Session 126, LD 0328
Committee: Veterans and Legal Affairs
Sponsors: WHITTEMORE, CRAY, CUSHING, MASON, SHERMAN, THOMAS, YOUNGBLOOD, DUNPHY, LIBBY, LONG
Amends: 14 MRSA §6030-D, 14 MRSA §6030-F

Legislative Document 
No. 328 
S.P. 124 
In Senate, February 12, 2013 
An Act Relating to Radon Testing and Disclosure to Tenants 
Reference to the Committee on Veterans and Legal Affairs suggested and ordered printed. 
DAREK M. GRANT 
Secretary of the Senate 
Presented by Senator WHITTEMORE of Somerset. 
Cosponsored by Representative CRAY of Palmyra and 
Senators: CUSHING of Penobscot, MASON of Androscoggin, SHERMAN of Aroostook, 
THOMAS of Somerset, YOUNGBLOOD of Penobscot, Representatives: DUNPHY of 
Embden, LIBBY of Waterboro, LONG of Sherman. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  14 MRSA §6030-D, as amended by PL 2011, c. 96, §3 and c. 157, §1, is 
repealed. 
Sec. 2.  14 MRSA §6030-F is enacted to read: 
§6030-F.  Disclosure of radon hazard to current and prospective tenants 
1.  Definitions. For the purposes of this section, the following terms have the 
following meanings unless the context otherwise indicates. 
A.  "Dwelling unit" means a room or suite of rooms used for human habitation 
located in a residential building below the 3rd story above ground level and for which 
a landlord or other person acting on behalf of a landlord enters into a lease or tenancy 
at will agreement. 
B.  "Radon hazard" means a level of radon of 4.0 picocuries per liter of air or above. 
C.  "Residential building" does not include a building used exclusively for rental 
under short-term leases of 100 days or less when no lease renewal or extension can 
occur. 
2.  Disclosure.  A landlord or other person acting on behalf of a landlord who enters 
into a lease or tenancy at will agreement for a dwelling unit in a residential building shall 
disclose the existence of a radon hazard in accordance with this section. 
A.  If a tenant provides written notice to a landlord or other person acting on behalf of 
a landlord of the results of a radon test that indicate the presence of a radon hazard in 
a dwelling unit, the landlord or other person acting on behalf of the landlord shall 
provide written notice of the existence of a radon hazard to any tenant or prospective 
tenant of a dwelling unit in that residential building, except that, after receiving notice 
of a radon test indicating a radon hazard, a landlord or other person acting on behalf 
of a landlord may conduct a radon test in the dwelling unit, and, if the radon test 
conducted by the landlord or other person acting on behalf of the landlord 
demonstrates that a radon hazard does not exist in the dwelling unit, the landlord or 
other person acting on behalf of the landlord is not required to provide written notice 
to a tenant or prospective tenant. 
B.  If a landlord or other person acting on behalf of a landlord conducts a test for the 
presence of radon in a residential building or dwelling unit and the test indicates that 
a radon hazard exists in that residential building or dwelling unit, the landlord or 
other person acting on behalf of the landlord shall provide written notice of the 
existence of a radon hazard to any tenant or prospective tenant. 
3.  Mitigation. If mitigation has been performed to reduce the level of radon in a 
dwelling unit and a subsequent radon test indicates that a radon hazard does not exist in 
the dwelling unit, the landlord or other person acting on behalf of the landlord is not 
required to provide the disclosure required by this section for that dwelling unit. 
4.  Mandatory testing not required.  This section may not be construed to require a 
landlord or other person acting on behalf of a landlord to conduct testing for the presence 
of radon in a dwelling unit. 
SUMMARY 
This bill repeals the current provisions in law related to mandatory radon testing and 
disclosure of the presence of radon to tenants and prospective tenants in residential 
buildings and enacts provisions related to disclosure of a radon hazard to tenants and 
prospective tenants based on Illinois law. The bill provides that radon testing is not 
required, but requires the disclosure of a radon hazard to tenants and prospective tenants 
when a landlord is made aware of test results indicating the presence of a radon hazard 
and mitigation has not been performed to reduce the level of radon. The bill applies to 
dwelling units located below the 3rd story above ground level in a residential building.