Maine Code § 5-1742-G

Bureau of General Services; inventory of asbestos, lead, black mold, radon and other
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substances that may be harmful to human health in state-owned and state-leased
buildings
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms
have the following meanings.
A. "Bureau" means the Bureau of General Services within the department. [PL 2021, c. 262, §1
(NEW).]
B. "Department" means the Department of Administrative and Financial Services. [PL 2021, c.
262, §1 (NEW).]
C. "State-owned building" means a building owned by the State in which persons employed by a
state agency perform job duties, including, but not limited to, maintenance and repair work. [PL
2021, c. 262, §1 (NEW).]
[PL 2021, c. 262, §1 (NEW).]

2. Initial inventory. The bureau shall inventory all state-owned buildings to identify the presence
of asbestos, lead, black mold, radon and other substances that may be harmful to human health. The
department shall require property owners of buildings leased to the State to conduct a similar inventory
and provide the results of the inventory to the bureau prior to executing a new lease or renewing or
extending an existing lease and, with respect to a lease that on the effective date of this subsection has
a remaining term of more than 2 years, within 12 months of the effective date of this subsection. The
bureau shall enter the results of the inventories into the database established and maintained by the
bureau pursuant to subsection 3.
[PL 2023, c. 392, §1 (AMD).]
3. Database. The bureau shall establish and maintain an electronic database including, for each
state-owned building or state-leased building:
A. The results of the inventories completed by the bureau and by the property owners of state-
leased buildings pursuant to subsection 2; [PL 2021, c. 262, §1 (NEW).]
B. Detailed plans for the mitigation, remediation, abatement or containment of asbestos, lead, black
mold, radon and other substances that may be harmful to human health found in state-owned
buildings and state-leased buildings; and [PL 2023, c. 392, §1 (AMD).]
C. Data on the completion of planned mitigation, remediation, abatement or containment under
paragraph B. [PL 2023, c. 392, §1 (AMD).]
[PL 2023, c. 392, §1 (AMD).]
4. Access to database. The database established and maintained pursuant to subsection 3 must be
readily accessible electronically to:
A. Collective bargaining agents of employees who work in state-owned buildings or state-leased
buildings; [PL 2021, c. 262, §1 (NEW).]
B. State employees whose usual work sites are state-owned buildings or state-leased buildings that
contain asbestos, lead, black mold, radon or other substances that may be harmful to human health;
[PL 2023, c. 392, §1 (AMD).]
C. Individuals who perform maintenance, repair and custodial services in state-owned buildings
or state-leased buildings; [PL 2021, c. 262, §1 (NEW).]
D. Firefighters responsible for providing services to state-owned buildings or state-leased
buildings; [PL 2021, c. 262, §1 (NEW).]
E. The Department of Labor; [PL 2021, c. 262, §1 (NEW).]
F. The Department of Health and Human Services, Maine Center for Disease Control and
Prevention; and [PL 2021, c. 262, §1 (NEW).]
G. Members of the joint standing committee of the Legislature having jurisdiction over state and
local government matters. [PL 2021, c. 262, §1 (NEW).]
[PL 2023, c. 392, §1 (AMD).]
5. Building maintenance or repair. Prior to any maintenance or repair of a state-owned building
by a person employed by a state agency, the bureau shall review the building's records in the database
established and maintained pursuant to subsection 3 or inventory the state-owned building if the state-
owned building has not already been inventoried pursuant to subsection 2 and add the results of the
inventory into the database established and maintained pursuant to subsection 3. If asbestos, lead, black
mold, radon or other substances that may be harmful to human health are found in the state-owned
building to be maintained or repaired by a person employed by a state agency, the bureau shall inform
the person performing the maintenance or repair work and provide appropriate protective gear.
[PL 2023, c. 392, §1 (AMD).]

6. Monitoring, mitigation, abatement and remediation. To promote a safe and healthy
environment in state-owned buildings, the bureau's division of safety and environmental services shall:
A. Provide statewide monitoring of state-owned buildings to continuously identify the presence of
health hazards in state-owned buildings, including, but not limited to, asbestos, lead, black mold,
radon and other substances that may be harmful to human health; [PL 2023, c. 392, §1 (AMD).]
B. Conduct routine building inventories and testing as appropriate to discover and assess the
presence of health hazards in state-owned buildings, including, but not limited to, asbestos, lead,
black mold, radon and other substances that may be harmful to human health; [PL 2023, c. 392,
§1 (AMD).]
C. Identify any mitigation, abatement, remediation, containment and maintenance necessary to
address and prevent potential health hazards in state-owned buildings, including, but not limited to,
asbestos, lead, black mold, radon and other substances that may be harmful to human health; and
[PL 2023, c. 392, §1 (AMD).]
D. Work with state departments and state agencies to develop safety protocols and train state
employees on safety protocols. [PL 2021, c. 262, §1 (NEW).]
[PL 2023, c. 392, §1 (AMD).]
7. Biennial report. The department shall submit a report to the joint standing committee of the
Legislature having jurisdiction over state and local government matters that describes the conditions of
state-owned buildings and state-leased buildings and areas of concern by February 1st of every even-
numbered year.
[PL 2021, c. 262, §1 (NEW).]
8. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to
this subsection are routine technical rules pursuant to chapter 375, subchapter 2-A.
[PL 2021, c. 262, §1 (NEW).]

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