2. The new home is eligible for registration or has been
registered in the builder's new home warranty security plan; [and]

(2) (I) DISCLOSE TO THE OWNER ANY ACTUAL KNOWLEDGE THAT THE
BUILDER HAS OF ANY HAZARDOUS OR REGULATED MATERIALS, INCLUDING
ASBESTOS, LEAD-BASED PAINT, RADON, METHANE, UNDERGROUND STORAGE
TANKS, LICENSED LANDFILLS, UNLICENSED LANDFILLS, LICENSED RUBBLE FILLS,
UNLICENSED RUBBLE FILLS, OR OTHER ENVIRONMENTAL HAZARDS, PRESENT ON
THE SITE OF THE NEW HOME; OR

(II) DISCLOSE TO THE OWNER THAT THE BUILDER IS MAKING NO
REPRESENTATIONS OR WARRANTIES AS TO WHETHER THERE IS ANY HAZARDOUS OR
REGULATED MATERIAL ON THE SITE OF THE NEW HOME; AND

[(2)] (3) Either:

(i) Provide the new home with a new home warranty if the builder
belongs to a new home warranty security plan that:

1. Requires the builder to register every new home that the

builder builds; or

2. Does not require the builder to register every new home
but the builder has decided to sell the new home with a new home warranty; or

(ii) If the builder belongs to a new home warranty security plan
that does not require the builder to register every new home and the builder has not
decided whether or not to sell the new home with a new home warranty, give the
owner the option of:

1. Purchasing the new home with the new home warranty
provided by the builder's new home warranty security plan; or

2, Waiving the right to warranty coverage by making the
affirmative waiver described in § 10-607 of this subtitle.

10-607.

(a) If in accordance with. [§ 10-604(b)(2)] § 10-604(B)(3) of this [title]
SUBTITLE an owner does not wish to require that the new home be covered by a new
home warranty, the owner shall make an affirmative waiver of the coverage at the
time of the purchase or construction contract.

SECTION 2. AND BE IT FURTHER ENACTED, That the requirements of this
Act are intended to be in addition to the requirements of any other ordinance,
resolution, law, or rule, and that this Act may not be construed to preempt or prevail
over any ordinance, resolution, law, or rule more stringent than this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1999 January 1, 2000.