An Act To Support Lead Abatement in Older Residential Properties
Maine Legislature, Session 128, LD 1542
Committee: Labor, Commerce, Research and Economic Development
Sponsors: GOLDEN, LIBBY, BROOKS, HANDY, VOLK
Amends: 36 MRSA §4641-A, 36 MRSA §4641-B

Legislative Document
No. 1542
H.P. 1063
House of Representatives, April 27, 2017
An Act To Support Lead Abatement in Older Residential Properties
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative GOLDEN of Lewiston.
Cosponsored by Senator LIBBY of Androscoggin and
Representatives: BROOKS of Lewiston, HANDY of Lewiston, Senator: VOLK of 
Cumberland.
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  30-A MRSA c. 201, sub-c. 12-A is enacted to read: 
SUBCHAPTER 12-A 
LEAD ABATEMENT 
§4981.  Lead abatement program 
1.  Program.  The Maine State Housing Authority shall establish and administer a 
program that provides assistance, including grants, for the abatement of lead paint 
hazards in residential housing, referred to in this subchapter as "the program." Program 
funds may be used to match federal funds available for lead abatement.  The program is 
subject to the following conditions. 
A.  A grant may be made to a municipality that has administered a lead hazard 
program grant in the previous 5 years. 
B.  Program funds, provided as grants to municipalities, must be distributed on a 
basis proportional to the geographical distribution of children who have been 
determined to have lead poisoning, as defined in Title 22, section 1315, subsection 5-
C, to the extent reasonably practicable, for the most recent year such information is 
available. 
C.  The Maine State Housing Authority shall establish eligibility standards for 
participation in the program, including, but not limited to: 
(1)  Housing units or housing projects occupied by residents with incomes up to 
100% of the area median income as established by the United States Department 
of Housing and Urban Development, whether the housing is owned by an 
individual or a for-profit or nonprofit entity, are eligible; 
(2)  Annual rent for a housing unit or housing project receiving project funds may 
not exceed 30% of the area median income as established by the United States 
Department of Housing and Urban Development for 4 years after completion of 
the abatement work; 
(3)  Housing that serves as a child care location for children under 6 years of age 
is eligible; and 
(4)  An owner of housing is eligible as long as the owner is not in arrears on any 
property taxes owed for that housing and has not been cited for more than 4 
violations of a building code or safety code on that housing within the prior 2 
years. 
The Maine State Housing Authority shall adopt the eligibility standards pursuant to 
this paragraph by routine technical rule as described in Title 5, chapter 375, 
subchapter 2-A. 
D.  All lead abatement performed pursuant to the program must comply with industry 
standards for lead abatement, including pre-abatement inspection and post-abatement 
inspection of the housing and other standards established by the Department of 
Environmental Protection. If the pre-abatement inspection identifies the presence of 
lead in or on the windows, replacement of those windows must be recommended. 
E.  An owner of housing who receives lead abatement assistance under the program 
shall pay a portion of the abatement costs as follows: 
(1)  At least 20% of the costs of abatement; or 
(2)  At least 40% of the costs of abatement if a child who is a resident of the 
housing has been determined to have lead poisoning, as defined in Title 22, 
section 1315, subsection 5-C. 
Priority for program funds must be given to abatement projects for housing in which a 
child who has been determined to have lead poisoning, as defined in Title 22, section 
1315, subsection 5-C, resides. 
2.  Lead Abatement Fund.  The Lead Abatement Fund, referred to in this subchapter 
as "the fund," is established under the jurisdiction and control of the Maine State Housing 
Authority.  The fund is nonlapsing and must be used to fund the program.  The fund 
consists of funds received under Title 36, section 4641-B, subsection 4-B, paragraph H 
and any other funds acquired by the Maine State Housing Authority to accomplish the 
purpose of the program. 
Sec. 2.  36 MRSA §4641-A, sub-§3 is enacted to read: 
3.  Lead abatement surtax.  In addition to the tax imposed under subsections 1 and 
2, a tax is imposed at the rate of $0.30 per $500 or fractional part of $500 of the value of 
real property that is subject to tax under those subsections.  The surtax under this 
subsection must be imposed and collected in the same manner as the tax under 
subsections 1 and 2. 
Sec. 3.  36 MRSA §4641-B, sub-§4-B, ¶H is enacted to read: 
H.  The Treasurer of State shall deposit all revenue received pursuant to section 
4641-A, subsection 3 to the Lead Abatement Fund established in Title 30-A, section 
4981, subsection 2. 
SUMMARY 
This bill establishes a residential housing lead abatement program, administered by 
the Maine State Housing Authority.  The purpose of the program is to provide grants to 
municipalities that have administered a lead abatement program and to housing units and 
housing projects that meet specified eligibility standards.  Priority for lead abatement 
projects funded by the program is given to residences occupied by children who have 
tested positive for lead poisoning. 
The program is funded by a real estate transfer tax surtax of $0.30 per $500 of the 
value of property transferred by deed or property in which a controlling interest is 
transferred.