An Act To Require Ce1iification under the United States Environmental Protection Agency's Lead Renovation, Repair and Painting Rule
Maine Legislature, Session 128, LD 0441
Committee Amendment CA_A_S38 (Senate)

COMMITTEE AMENDMENT " If" to S.P. 143, L.D. 441, Bill, "An Act To 
Require Ce1iification under the United States Environmental Protection Agency's Lead 
Renovation, Repair and Painting Rule" 
Amend the bill by striking out everything after the enacting clause and before the 
summmy and inserting the following: 
'Sec. 1. 38 MRSA §§1299 and 1300 are enacted to read: 
§1299. Adoption of federal renovation, repair and painting rule 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following tenns have the following meanings. 
A. "Minor repair and maintenance activities" has the meaning set forth in 40 Code of 
Federal Regulations, Section 745.83 (2016). 
B. 
"Renovation" has the meaning set forth in 40 Code of Federal Regulations, 
Section 745.83 (2016). 
"Renovation" does not include activities subject to the 
licensing and certification requirements of this chapter or minor repair and 
maintenance activities. 
C. "Target housing" has the meaning set fmih in 15 United States Code, Section 
2681, subsection 17 (2016). 
2. 
Compliance with federal rule. 
A person that pe1forms a renovation for 
compensation in target housing shall comply with all of the requirements of the United 
States Environmental Protection Agency's renovation, repair and painting rule set forth in 
Code of Federal Regulations, Part 745, Subpart E (2016). 
3. 
Guidance. 
The commissioner shall develop and make available guidance 
documents for homeowners and persons who perform renovations regarding the 
requirements of the United States Environmental Protection Agency's renovation, repair 
and painting rule set fo1ih in 40 Code of Federal Regulations, Part 745, Subpart E (2016). 
Page I - 128LR0631(02)-1 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "Ii" to S.P. 143, L.D. 441 
§1300. Lead Paint Renovation Ce11ification Fund 
1. Fund established. The Lead Paint Renovation Certification Fund, refen-ed to in 
this section as "the fund," is established as a nonlapsing fund administered by the 
department. The fund consists of money appropriated to it by the Legislature from the 
General Fund and eligible investment earnings from fund assets. The fund must be held 
separate from all other money, funds and accounts, and all eligible investment earnings 
from fund assets must be credited to the fund. 
2. Fund purposes. The department shall administer the fund to provide grants to up 
to 250 individuals and business entities each year to offset the costs to those individuals 
and business entities associated with obtaining certification from the United States 
Environmental Protection Agency under 40 Code of Federal Regulations, Part 745, 
Subpart E (2016). 
3. Grants. The depatiment shall establish procedures and criteria for the grant 
application process, eligibility for grants and the award and use of grants made under this 
section. 
4. Rules. The department shall adopt rules to implement this section. Rules adopted 
pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. Appropriations and allocations. The following appropriations and 
allocations are made. 
ENVIRONMENTAL PROTECTION, DEPARTMENT OF 
Lead Paint Renovation Certification Fund N240 
Initiative: Provides ongoing funding to the Department of Environmental Protection to 
provide grants to a total of approximately 250 individuals and business entities each year 
to offset the costs associated with obtaining certification from the United States 
Environmental Protection Agency under 40 Code of Federal Regulations, Pati 745, 
Subpati E. 
GENERAL FUND 
All Other 
GENERAL FUND TOTAL 
Remediation and Waste Management 0247 
2017-18 
$100,000 
$100,000 
2018-19 
$100,000 
$100,000 
Initiative: Provides funding for one full-time Environmental Specialist III position to 
establish procedures and award criteria for the grant application process, to detennine 
eligibility of grant applicants and to manage the grant program. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A "to S.P. 143, L.D. 441 
GENERAL FUND 
POSITIONS - LEGISLATIVE COUNT 
Personal Services 
All Other 
GENERAL FUND TOTAL 
ENVIRONMENTAL PROTECTION, 
DEPARTMENT OF 
DEPARTMENT TOTALS 
GENERAL FUND 
DEPARTMENT TOTAL-ALL FUNDS 
SUMMARY 
2017-18 
2018-19 
1.000 
1.000 
$57,163 
$78,351 
$2,521 
$2,521 
$59,684 
$80,872 
2017-18 
2018-19 
$159,684 
$180,872 
$159,684 
$180,872 
This amendment replaces the bill and requires all individuals and business entities 
that renovate housing constructed prior to 1978 to comply with the United States 
Environmental Protection Agency's renovation, repair and painting rule, 40 Code of 
Federal Regulations, Part 745, Subpart E (2016). 
The amendment requires the 
Commissioner of Environmental Protection to prepare guidance materials to explain the 
renovation, repair and painting rule's requirements. 
The amendment also provides a $100,000 annual appropriation to the Department of 
Environmental Protection to provide grants to up to 250 individuals and business entities 
each year to offset the costs associated with obtaining certification from the United States 
Environmental Protection Agency to engage in renovation of housing constructed prior to 
1978. The amendment also adds an appropriations and allocations. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 04/10/17 .feac 
LD441 
LR 631(02) 
An Act To Require Certification under the United States Environmental Protection Agency's Lead 
Renovation, Repair and Painting Rule 
Fiscal Note for Bill as Amended by Committee Amendment ".4 (5 -3 Z") 
Committee: Labor, Commerce, Research and Economic Development 
Net Cost (Savings) 
General Fund 
Appropriations/ Allocations 
General Fund 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2017-18 
FY 2018-19 
$159,684 
$180,872 
$159,684 
$180,872 
Projections 
FY 2019-20 
$183,066 
$183,066 
Projections 
FY 2020-21 
$185,321 
$185,321 
This bill includes appropriations of $100,000 in fiscal year 2017-18 and fiscal year 2018-19 to establish the Lead 
Paint Renovation Certification Fund (LPRCF) within the Department of Environmental Protection (DEP). The 
LPRCF will provide grants to individuals and businesses to offset'the cost of obtaining certification from the United 
States Environmental Protection Agency (EPA) to comply with the Renovation, Repair and Painting (RRP) Rule 
under 40 CFR, Part 745, sub part E. 
The bill also includes approp1iations of $59,684 in fiscal year 2017-18 and $80,872 in fiscal year 2018-19 to the DEP 
for one full time Environmental Specialist III position to develop the grant program, administer grant awards and to 
oversee the distribution ofDEP/EPA guidance materials related to the RRP rules to homeowners and persons who 
perform renovations. 
The DEP has indicated that if this bill is enacted it would likely seek delegation authority from the EPA to administer 
and enforce the EPA standards of the RRP program in the state. Contingent upon the extension of delegation 
authority, the DEP has indicated that it would require additional appropriations of $680,419 in fiscal year 2017-18 and 
$918,045 in fiscal year 2018-19 for 6 additional Oil and Hazardous Material Special II positions, 4 additional 
Environmental Special III positions and one additional supervisory Environmental Specialist IV position to implement 
and oversee the state RRP program. Because the bill does not require the DEP to seek such authority this fiscal note 
does not assume funding for these costs. 
LR063 l (02) - Fiscal Note - Page 1 of 1