HF 3439

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; providing for transfer of authority for the lead abatement
program; amending Minnesota Statutes 2004, section 144.9501, by adding a
subdivision; proposing coding for new law in Minnesota Statutes, chapter 144;
repealing Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9,
10; Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2,
3, 8.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2004, section 144.9501, is amended by adding a
subdivision to read:

new text begin Subd. 9a. new text end

new text begin Eligible organization. new text end

new text begin "Eligible organization" means a city, board of
health, community health department, community action agency, nonprofit organization,
or community development corporation.
new text end

Sec. 2.

new text begin [144.9512] LEAD ABATEMENT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Grants; administration. new text end

new text begin Within the limits of the available
appropriation, the commissioner may make grants to eligible organizations to train
workers to provide swab team services for residential property. Grants may be awarded to
eligible organizations to provide technical assistance and training to ensure quality and
consistency within the statewide program.
new text end

new text begin Subd. 2. new text end

new text begin Applicants. new text end

new text begin (a) Interested eligible organizations may apply to the
commissioner for grants under this section. Two or more eligible organizations may
jointly apply for a grant. Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood based nonprofit
organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
be used for administrative purposes. The commissioner may deviate from this percentage
if a grantee can justify the need for a larger administrative allowance. Of this amount,
up to five percent may be used by the commissioner for state administrative purposes.
Applications must provide information requested by the commissioner, including at least
the information required to assess the factors listed in paragraph (d).
new text end

new text begin (b) The commissioner must consult with boards of health to provide swab team
services for purposes of secondary prevention. The priority for swab teams created
by grants to eligible organizations under this section must be work assigned by the
commissioner, or by a board of health if so designated by the commissioner, to provide
secondary prevention swab team services to fulfill the requirements of section 144.9504,
subdivision 6, in response to a lead order. Swab teams assigned work under this section
by the commissioner, that are not engaged daily in fulfilling the requirements of section
144.9504, subdivision 6, must deliver swab team services in response to elevated blood
lead levels as defined in section 144.9501, subdivision 9, where lead orders were not
issued, and for purposes of primary prevention in census tracts known to be in areas at
high risk for toxic lead exposure as described in section 144.9503, subdivision 2.
new text end

new text begin (c) Any additional money must be used for grants to establish swab teams for
primary prevention under section 144.9503, in census tracts in areas at high risk for toxic
lead exposure as determined under section 144.9503, subdivision 2.
new text end

new text begin (d) In evaluating grant applications, the commissioner must consider the following
criteria:
new text end

new text begin (1) plans for the provision of swab team services for primary and secondary
prevention;
new text end

new text begin (2) plans for resident and property owner education on lead safety;
new text end

new text begin (3) measures of program effectiveness;
new text end

new text begin (4) coordination of program activities with other federal, state, and local public
health and housing renovation programs; and
new text end

new text begin (5) prior experience in providing swab team services.
new text end

new text begin Subd. 3. new text end

new text begin Eligible grant activities. new text end

new text begin An eligible organization receiving a grant
under this section must ensure that all participating lead supervisors or certified firms are
licensed and that all swab team workers are certified by the Department of Health under
section 144.9505. Eligible organizations may participate in the program by:
new text end

new text begin (1) providing on-the-job training for swab team workers;
new text end

new text begin (2) providing swab team services to meet the requirements of sections 144.9503,
subdivision 4, and 144.9504, subdivision 6;
new text end

new text begin (3) providing lead hazard reduction to meet the requirements of section 144.9501,
subdivision 17;
new text end

new text begin (4) providing lead dust clean-up equipment and materials, as described in section
144.9503, subdivision 1, to residents; or
new text end

new text begin (5) having a swab team worker instruct residents and property owners on appropriate
lead control techniques, including the lead-safe directives developed by the commissioner.
new text end

new text begin Subd. 4. new text end

new text begin Swab team workers. new text end

new text begin Each worker engaged in swab team services
established under this section must have blood lead concentrations below 15 micrograms
of lead per deciliter of whole blood as determined by a baseline blood lead screening. Any
organization receiving a grant under this section is responsible for lead screening and must
assure that all swab team workers meet the standards established in this subdivision.
Grantees must use appropriate workplace procedures including following the lead-safe
directives developed by the commissioner to reduce risk of elevated blood lead levels.
Grantees and participating contractors must report all employee blood lead levels that
exceed 15 micrograms of lead per deciliter of whole blood to the commissioner.
new text end

new text begin Subd. 5. new text end

new text begin Program benefits. new text end

new text begin As a condition of providing swab team services under
this section, an organization may require a property owner to not increase rents on a
property solely as a result of a substantial improvement made with public funds under the
programs in this section.
new text end

new text begin Subd. 6. new text end

new text begin Requirements of organizations receiving grants. new text end

new text begin An eligible
organization that is awarded a grant under this section must prepare and submit a quarterly
progress report to the commissioner beginning three months after receipt of the grant.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the range reference "144.9501 to 144.9509"
to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and
Minnesota Rules.
new text end

Sec. 4. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, and 10, new text end new text begin and
new text end new text begin Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 3, and 8, new text end new text begin are
repealed.
new text end