An Act To Reduce Lung Cancer Rates in Maine by Requiring Testing for and Mitigation of Radon in Residential Buildings by Landlords
Maine Legislature, Session 130, LD 0819
Committee Amendment CA_A_S228 (Senate)
Amends: 22 MRSA §785

COMMITTEE AMENDMENT" IJ "to S.P. 203, L.D. 819, "An Act To Reduce Lung 
Cancer Rates in Maine by Requiring Testing for and Mitigation of Radon in Residential 
Buildings by Landlords" 
Amend the bill by sh·iking out the title and substituting the following: 
'An Act To Reduce Lung Cancer Rates in Maine by Creating a Voluntary Radon 
Testing and Mitigation Program for Landlords, Homeowners and Home Builders' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §785 is enacted to read: 
§785. Maine Gold Standard for Radon Testing and Mitigation Initiative 
The Maine Gold Standard for Radon Testing and Mitigation Initiative is established, 
beginning July 1, 2022, within the depaitment to reward, recognize, promote and assist, 
with a gold standard designation, landlords, homeowners and home builders who 
participate in radon testing and mitigation activities under this section. A person who meets 
the criteria established in this section and by the department in rules may achieve a gold 
standard designation. 
1. Criteria for landlords. In order to obtain the gold standard designation, a landlord 
must meet the following criteria relating to testing and mitigation. 
A. Every 2 years, the landlord shall conduct radon testing in compliance with this 
chapter and any standards established by the United States Environmental Protection 
Agency. 
The results of the test must be submitted to the department, and the 
depaitment shall post the results to its publicly available website. The department shall 
pay for all costs for radon testing that occurs in accordance with this subsection. 
B. If the results of the radon test completed in accordance with paragraph A reveal a 
level of radon of 4.0 picocuries per liter of air or above, the landlord shall, within 6 
months, mitigate the level of radon in the residential building until it is reduced to a 
level below 4.0 picocuries per liter of air. Mitigation services must be provided by a 
COMMITTEE AMENDMENT 
\={.OS 
COMMITTEE AMENDMENT" A "to S.P. 203, L.D. 819 ( S --Z.,--Z.°8iJ 
person registered with the department pursuant to this chapter. After mitigation has 
been performed pursuant to this paragraph to reduce the level of radon, the landlord 
shall provide written notice to tenants that the radon levels have been mitigated. The 
department shall pay for the first $600 in mitigation expenses on behalf of a landlord 
as a result of a test conducted in accordance with paragraph A if it exceeds a level of 
radon of 4.0 picocuries per liter of air or above. 
2. Criteria for homeowners. In order for a homeowner to obtain the gold standard 
designation, the homeowner shall, before the conveyance of any residential real property 
in accordance with Title 33, chapter 7, test for the presence of radon in the air and water in 
residential real prope1iy and arsenic and uranium in water from a private well. For purposes 
of this subsection, "residential real prope1iy
has the same meaning as in Title 33, section 
171, subsection 6. 
The department shall pay for all costs for testing that occurs in 
accordance with this subsection and any rules adopted by the department. The department 
shall pay for the first $600 in mitigation expenses on behalf of a homeowner in accordance 
with any rules adopted by the department. 
3. Criteria for home builders. In order to obtain the gold standard designation, a 
home builder constructing a new home in a municipality that has up to 4,000 residents shall 
comply with any standards relating to radon preventive features in the Maine Uniform 
Building and Energy Code and the new home must receive an inspection in accordance 
with rules adopted by the department. To the extent testing is required by the department 
in rule to obtain the gold standard, the department shall pay for all costs for testing. To the 
extent mitigation is required by the department in rule, the department shall pay for the first 
$600 in mitigation expenses. 
4. Rules. The department shall adopt rules to implement this section. Rules adopted 
pursuant to this section are routine technical rules as defined in Title 5, chapter 375, 
subchapter 2-A. 
Sec. 2. Rulemaking. The Department of Health and Human Services shall adopt 
rules to implement the Maine Gold Standard for Radon Testing and Mitigation Initiative 
established in the Maine Revised Statutes, Title 22, section 785. The department shall 
convene a stakeholder group to assist in the development of the rules.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the unanimous repmt of the committee, replaces the bill. It 
establishes the Maine Gold Standard for Radon Testing and Mitigation Initiative within the 
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Department of Health and Human Services to reward, recognize, promote and assist, with 
a gold standard designation, landlords, homeowners and home builders who participate in 
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radon testing and mitigation activities. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/05/21 :Wac.. 
LD819 
LR 1517(02) 
An Act To Reduce Lung Cancer Rates in Maine by Requiring Testing for and Mitigation of Radon in 
Residential Buildings by Landlords 
Fiscal Note for Bill as Amended by Committee Amendment "tf ( s ·z.z i:>) 
Committee: Health and Human Services 
· 
Fiscal Note Required: Yes 
Fiscal Note 
Potential current biennium cost increase - General Fund 
Fiscal Detail and Notes 
This bill establishes the Maine Gold Standard for Radon Testing and Mitigation Initiative within the Department of 
Health and human Services to reward, recognize, promote and assist landlords, homeowners and home builders who 
participate in radon testing and mitigation activities. If the landlord, homeowner or home builder meets certain 
requirements of the program, they will be able to receive $600 towards any mitigation required after the testing is 
complete. As it is unknown how many landlords, homeowners or home builders would do the required testing to 
meet the requirements of the program and how many of the tests would result in high levels that require mitigation, 
no cost estimate is made at this time.