| Chapter 102 |
| 2026 -- S 2424 SUBSTITUTE A Enacted 06/18/2026 |
| A N A C T |
| RELATING TO BUSINESSES AND PROFESSIONS -- REAL ESTATE SALES DISCLOSURES |
Introduced By: Senators Famiglietti, Appollonio, Patalano, Bissaillon, Ciccone, Tikoian, Dimitri, Thompson, LaMountain, and Britto |
| Date Introduced: January 30, 2026 |
| It is enacted by the General Assembly as follows: |
| SECTION 1. Chapter 5-20.8 of the General Laws entitled "Real Estate Sales Disclosures" |
| is hereby amended by adding thereto the following section: |
| 5-20.8-14. Radon inspection and mitigation required. |
| (a) As used in this section, the following words shall have the following meanings, unless |
| the context indicates otherwise: |
| (1) "Radon" means a radioactive gas found in the air that comes from the natural |
| breakdown of uranium, thorium, or radium in soil, rock, and water. |
| (2) "Radon test" means measuring the amount of radon in an indoor space: |
| (i) With a device made for this purpose; |
| (ii) Which is conducted by a certified or licensed individual in accordance with § 23-61-5; |
| and |
| (iii) In accordance with the protocols specified for the device used. |
| (3) "Residential real estate transaction" means an agreement to sell real property for |
| residential purposes including, but not limited to, single family homes, duplexes, multi-family |
| homes, and apartment complexes. "Residential real estate transaction" does not include property |
| sold for non-residential commercial property, or property used for tourist or transient residential |
| purposes as defined in § 42-63.1-2. |
| (4) "Unsafe radon levels" means radon levels that exceed the Environmental Protection |
| Agency action level of 4.0 picocuries per liter (pCi/L). |
| (b) Transactions that do not require radon testing. |
| (1) The following transactions shall not be considered a residential real estate transaction, |
| and shall not require a radon test if the transaction is: |
| (i) By a lender or an affiliate or subsidiary lender that acquired the home by foreclosure or |
| deed in lieu of foreclosure; |
| (ii) A sheriff’s sale, tax sale, or sale by foreclosure, partition, or by court appointed trustee; |
| (iii) A transfer of a home to be converted by the buyer into a use other than residential or |
| to be demolished; or |
| (iv) A devise pursuant to a will or an intestate inheritance. |
| (2) A residential real estate transaction property that has an existing radon mitigation |
| system installed by a licensed radon contractor within three (3) years of the execution of the |
| purchase and sale agreement; or |
| (3) A residential real estate transaction property that has an existing radon mitigation |
| system installed by a licensed radon contractor mare than three (3) years prior to the execution of |
| the purchase and sale agreement but has been tested for radon within three (3) years of the execution |
| of the purchase and sales agreement. |
| (c) Mandatory radon testing and disclosure. |
| (1) Any purchase and sale agreement executed on June 1, 2027 and thereafter, as a |
| prerequisite to a residential real estate transaction not covered in subsection (b) of this section, a |
| radon test shall be performed no earlier than one year prior to the closing date of the residential real |
| estate transaction. |
| (2) The results of any radon test performed up to one year prior to the closing shall be made |
| available to the selling and buying parties of the transaction, as well as any lender designated by |
| the buying parties. |
| (d) Unless otherwise agreed to by the parties, the buyer shall bear the burden of covering |
| the cost of the radon test if it is completed after the execution of the purchase and sale agreement |
| and the seller provided no certified test completed within one year prior to the execution of the |
| purchase and sale agreement indication no unsafe radon level. |
| (e) Mitigation required. In the event that a radon test conducted in accordance with this |
| section yields a result indication unsafe radon levels, a radon mitigation system shall be installed, |
| by a certified or licensed individual in accordance with § 23-61-5, prior to the closing of the |
| residential real estate transaction, if possible. In the event it is not possible to complete the work |
| prior to the closing, the estimated amount of the cost of the mitigation system shall be held in |
| escrow until the work is completed at which time the amount in escrow shall be distributed in |
| accordance with an agreement signed by the seller and buyer to the closing. |
| SECTION 2. This act shall take effect on June 1, 2027. |
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| LC004339/SUB A/2 |
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