2026 -- S 2424 SUBSTITUTE A

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LC004339/SUB A/2

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 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

     Referred To: Senate Housing & Municipal Government

     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

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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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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO BUSINESSES AND PROFESSIONS -- REAL ESTATE SALES

DISCLOSURES

***

     This act would provide protocols for radon inspection relative to real estate transactions

and provides time frames and conditions for testing and mitigation.

     This act would take effect on June 1, 2027.

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