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An Act To Support Lead Abatement in Older Residential Properties
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.