An Act To Require That Notice of Lead Abatement Orders Be Filed with the Registry of Deeds
Maine Legislature, Session 129, LD 0336
Committee: Health and Human Services
Sponsors: CLOUTIER, CLAXTON, ACKLEY, BROOKS, DRINKWATER, EVANGELOS, FOLEY, HANDY, RISEMAN, SYLVESTER
Amends: 22 MRSA §1321

Legislative Document
No. 336
H.P. 261
House of Representatives, January 24, 2019
An Act To Require That Notice of Lead Abatement Orders Be Filed 
with the Registry of Deeds
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Cosponsored by Senator CLAXTON of Androscoggin and
Representatives: ACKLEY of Monmouth, BROOKS of Lewiston, DRINKWATER of Milford, 
EVANGELOS of Friendship, FOLEY of Biddeford, HANDY of Lewiston, RISEMAN of 
Harrison, SYLVESTER of Portland.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1321, sub-§3, as amended by PL 1999, c. 790, Pt. A, §23, is 
further amended to read:
3.  Notice to owner; removal.  The department shall give notice of the existence of 
the environmental lead hazard to the owner and order that the lead-based substances be 
removed, replaced or securely and permanently covered within 30 days of receipt of the 
notice.  If the lead-based substances can not be removed, replaced or securely and 
permanently covered within 30 days, the department may grant an extension of 
reasonable time.  All lead-based paint activities must be performed in accordance with 
rules adopted by the Department of Environmental Protection pursuant to Title 38, 
chapter 12-B.  In the case of an owner-occupied, single-family residence, the department 
may provide technical assistance and guidance in lieu of enforcement activity at the 
department's discretion; and
Sec. 2.  22 MRSA §1321, sub-§4, as amended by PL 2005, c. 530, §4, is further 
amended to read:
4.  Sale of dwelling, residential facility, child-occupied facility or nursery school. 
If, before the end of the 30-day period or extension, the owner sells the dwelling, 
premises, child care facility, premises of the family child care provider, residential child-
occupied facility or nursery school, the owner shall notify the prospective buyer of the 
environmental lead hazard and the new owner must assume the responsibility of carrying 
out the requirements of this section within the specified time period.; and
Sec. 3.  22 MRSA §1321, sub-§7 is enacted to read:
7.  Notice filed in registry of deeds.  The department shall file a notice of the 
existence of the environmental lead hazard for that property in the registry of deeds in the 
county in which the property is located listing the record owner or owners of the property 
and the book and page in the registry of the owner's deed.  When the department 
determines that the environmental lead hazard no longer exists, the department shall file a 
notice in the registry of deeds in the county in which the property is located stating that 
the environmental lead hazard no longer exists and listing the record owner or owners of 
the property and the book and page of the original notice of the existence of the 
environmental lead hazard.
SUMMARY
This bill requires the Department of Health and Human Services to file a notice of the 
existence of an environmental lead hazard in the registry of deeds in the county in which 
the relevant property is located. It also requires the department to file a notice in the 
registry of deeds when the department determines that the environmental lead hazard no 
longer exists.