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An Act To Require That Notice of Lead Abatement Orders Be Filed with the Registry of Deeds
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.