Sec. 1. 32 MRSA §13065, sub-§3-A is enacted to read:

3-A.__Hazardous materials disclosure.__The commission shall adopt rules regarding minimum standards of practice for hazardous materials disclosure to ensure consistency with the requirements of Title 33, section 173 and Title 38, section 1683.__Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.

Sec. 2. 33 MRSA §173, sub-§4, as enacted by PL 1999, c. 476, §1, is amended to read:

4. Hazardous materials. The presence or prior removal of hazardous materials or elements on the residential real property, including, but not limited to:

A. Asbestos;

B. Lead-based paint for pre-1978 homes in accordance with federal regulations;

C. Radon; and

D. Underground oil storage tanks as required under Title 38, section 563, subsection 6; and

E.__Arsenic in the water supply; and

F.__Arsenic-treated wood as required under Title 38, section 1683; and

Sec. 3. 38 MRSA c. 16-C is enacted to read:

CHAPTER 16-C

ARSENIC-TREATED WOOD PRODUCTS

§1681.__Definitions

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

1.__Arsenic-treated wood.__"Arsenic-treated wood" means lumber, timber, piles, poles, posts, plywood, shakes, shingles or other wood or forest products intended for outdoor use that have been pressure treated to reduce decay with a wood preservative containing inorganic arsenic or inorganic arsenic compounds, including, but not limited to, chromated copper arsenate,