.................... moves to amend H.F. No. 662, the first engrossment, as follows:
Page 2, delete section 2 and insert:
"Sec. 2. [144.496] MINNESOTA RADON AWARENESS ACT.
1.4 Subdivision 1. Citation. This section may be cited as the "Minnesota Radon
1.6 Subd. 2. Definitions. (a) The following terms used in this section have the meanings
1.8(b) "Buyer" means any individual, partnership, corporation, or trustee entering into
1.9an agreement to purchase any residential real estate or interest in real property.
1.10(c) "Elevated radon concentration" means a radon concentration above the United
1.11States Environmental Protection Agency's radon action level.
1.12(d) "Mitigation" means measures designed to permanently reduce indoor radon
1.14(e) "Radon test" means a measurement of indoor radon concentrations according to
1.15established industry standards for residential real property.
1.16(f) "Residential real property" means property occupied as, or intended to be
1.17occupied as, a single-family residence, including a unit in a common interest community
1.18as defined in section 515B.1-103, clause (10), regardless of whether the unit is in a
1.19common interest community not subject to chapter 515B.
1.20(g) "Seller" means any individual, partnership, corporation, or trustee transferring
1.21residential real property in return for consideration.
1.22 Subd. 3. Radon disclosure. (a) Before signing an agreement to sell or transfer
1.23residential real property, the seller or transferor shall disclose in writing to the buyer
1.24or transferee any knowledge the seller or transferor has of radon concentrations in the
1.25dwelling. The disclosure shall include:
1.26(1) whether a radon test or tests have occurred on the property;
2.1(2) the most current records and reports pertaining to radon concentrations within
2.3(3) a description of any radon concentrations, mitigation, or remediation;
2.4(4) information regarding the radon mitigation system, including system description
2.5and documentation, if such system has been installed in the dwelling; and
2.6(5) a radon warning statement, meeting the requirements of subdivision 4.
2.7(b) The seller or transferor shall provide the buyer or transferee with the Minnesota
2.8Department of Health publication entitled "Radon in Real Estate Transactions."
2.9(c) If any of the requirements of this section occur after the buyer signs an agreement
2.10to purchase or transfer the residential real property, the seller shall complete the required
2.11activities prior to signing an agreement to sell or transfer the residential real property
2.12and allow the buyer an opportunity to review the information and possibly amend the
2.13agreement without penalty to the buyer.
2.14 Subd. 4. Radon warning statement. The radon warning statement must include
2.15the following language:
2.16"Radon Warning Statement
2.17The Minnesota Department of Health strongly recommends that ALL homebuyers
2.18have an indoor radon test performed prior to purchasing or taking occupancy and
2.19recommends having the radon levels mitigated if elevated radon concentrations are found.
2.20Elevated radon concentrations can easily be reduced by a qualified, certified, or licensed,
2.21if applicable, radon mitigator.
2.22Every buyer of an interest in residential real property is notified that the property
2.23may present exposure to dangerous levels of indoor radon gas that may place the occupants
2.24at risk of developing radon-induced lung cancer. Radon, a Class A human carcinogen, is
2.25the leading cause of lung cancer in nonsmokers and the second leading cause overall. The
2.26seller of an interest in residential real property is required to provide the buyer with any
2.27information on radon test results of the dwelling."
2.28EFFECTIVE DATE.This section is effective January 1, 2014, and applies to an
2.29agreement to sell or transfer residential real property executed on or after that date.