An Act to Strengthen Temporary Protections for Children Living in Dwellings with Identified Lead Hazards
Maine Legislature, Session 131, LD 0011
Committee: Health and Human Services
Sponsors: CLOUTIER
Amends: 22 MRSA §1321, 22 MRSA §1322

Legislative Document
No. 11
H.P. 15
House of Representatives, December 30, 2022
An Act to Strengthen Temporary Protections for Children Living in 
Dwellings with Identified Lead Hazards
Submitted by the Department of Health and Human Services pursuant to Joint Rule 204.
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative CLOUTIER of Lewiston.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §1321, sub-§3-A is enacted to read:
3-A.  Notice to owner; interim controls.  The department may order the owner to 
implement lead exposure reduction actions or interim controls as determined by the 
department with reasonable notice until the owner is able to remove, replace or securely 
and permanently cover lead-based substances.  In order to determine the effectiveness of 
the actions taken or interim controls, the department may inspect the dwelling, premises, 
residential child-occupied facility, child care facility, premises of the family child care 
provider or nursery school;
Sec. 2.  22 MRSA §1322, 2nd ¶, as amended by PL 2003, c. 421, §9, is further 
amended to read:
Until the owner brings any residential dwelling or premises into compliance with this 
Act while a tenant is occupying a dwelling unit, the owner shall move the tenant to a 
substitute dwelling unit upon reasonable notice.  The department may, on a case-by-case 
basis, waive this requirement if the department determines that the implementation of 
actions to reduce lead exposure or interim controls sufficiently protects the residents of the 
unit until full abatement is achieved.  Pursuant to section 1321, subsection 3-A, the 
department may order the owner to implement lead exposure reduction actions or interim 
controls as determined by the department with reasonable notice.  The owner shall pay 
reasonable moving expenses and any use and occupancy charges for a substitute dwelling 
unit that exceed the rent for the vacated dwelling unit for which the tenant remains 
responsible.  "Substitute dwelling unit" means a dwelling unit of like or similar 
accommodation and in like or similar location that is lead-safe.  If the tenant fails to accept 
the substitute dwelling unit selected by the owner while the owner is required to bring the 
vacated dwelling unit into compliance with this Act or the tenant fails to remain current in 
rent pursuant to the lease or tenancy at will under Title 14, section 6002, including the 
statutory period of right to cure, the owner is not obligated beyond 10 days after completion 
of remediation to reimburse the tenant for any expense or inconvenience other than moving 
expenses and any use and occupancy charges for the substitute dwelling unit selected by 
the owner that exceed the rent for the vacated dwelling unit.
SUMMARY
This bill establishes the authority of the Department of Health and Human Services to 
order and enforce actions to temporarily protect children and families living in any 
residential dwelling unit from identified lead hazards until they are relocated to lead-safe 
housing or lead hazards are abated.