SF 3221

2nd Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; changing provisions in the Lead Poisoning Prevention
Act; prohibiting the sale of items containing lead; requiring a lead reduction
study; amending Minnesota Statutes 2004, sections 144.9501, subdivisions 1,
2, by adding a subdivision; 144.9503, subdivision 3; 144.9507, by adding a
subdivision; 256B.0625, by adding a subdivision; proposing coding for new
law in Minnesota Statutes, chapters 144; 325E; 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, subdivision 1, is amended to
read:

Subdivision 1.

Citation.

Sections 144.9501 to may be cited
as the "Lead Poisoning Prevention Act."

Sec. 2.

Minnesota Statutes 2004, section 144.9501, subdivision 2, is amended to read:

Subd. 2.

Applicability.

The definitions in this section apply to sections 144.9501 to
.

Sec. 3.

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. 4.

Minnesota Statutes 2004, section 144.9503, subdivision 3, is amended to read:

Subd. 3.

Primary prevention lead education strategy.

The commissioner of
health shall develop and maintain a primary prevention lead education strategy to prevent
lead exposure. The strategy includes:

(1) lead education materials that describe the health effects of lead exposure, safety
measures, and methods to be used in the lead hazard reduction process;

(2) providing lead education materials to the general public new text begin including, but not
limited to, information on the dangers and hazards of jewelry containing lead new text end ;

(3) providing lead education materials to property owners, landlords, and tenants
by swab team workers and public health professionals, such as nurses, sanitarians,
health educators, nonprofit organizations working on lead issues, and other public health
professionals in areas at high risk for toxic lead exposure; and

(4) promoting awareness of community, legal, and housing resources.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 5.

Minnesota Statutes 2004, section 144.9507, is amended by adding a subdivision
to read:

new text begin Subd. 6. new text end

new text begin Medical assistance. new text end

new text begin Medical assistance reimbursement for lead risk
assessment services under section 256B.0625, subdivision 49, shall not be used to replace
or decrease existing state or local funding for lead services and lead-related activities.
new text end

Sec. 6.

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. 7.

Minnesota Statutes 2004, section 256B.0625, is amended by adding a
subdivision to read:

new text begin Subd. 49. new text end

new text begin Lead risk assessments. new text end

new text begin (a) Effective October 1, 2006, or six months after
federal approval, whichever is later, medical assistance covers lead risk assessments
provided by a lead risk assessor who is licensed by the commissioner of health under
section 144.9505 and employed by an assessing agency as defined in section 144.9501.
Medical assistance covers a onetime on-site investigation of a recipient's home or primary
residence to determine the existence of lead so long as the recipient is under the age of
21 and has a venous blood lead level as set forth in section 144.9504, subdivision 2,
paragraph (a).
new text end

new text begin (b) Medical assistance reimbursement covers the lead risk assessor's time to
complete the following activities:
new text end

new text begin (1) gathering samples;
new text end

new text begin (2) interviewing family members;
new text end

new text begin (3) gathering data, including meter readings; and
new text end

new text begin (4) providing a report with the results of the investigation and options for reducing
lead-based paint hazards.
new text end

new text begin Medical assistance coverage of lead risk assessment does not include testing of
environmental substances such as water, paint, or soil or any other laboratory services.
Medical assistance coverage of lead risk assessments is not included in the capitated
services for children enrolled in health plans through the prepaid medical assistance
program and the MinnesotaCare program.
new text end

new text begin (c) Payment for lead risk assessment must be cost-based and must meet the criteria
for federal financial participation under the medical assistance program. The rate must
be based on allowable expenditures from statewide cost information gathered. Under
section 144.9507, subdivision 5, federal medical assistance funds may not replace existing
funding for lead-related activities. The nonfederal share of costs for services provided
under this subdivision must be from state or local funds and is the responsibility of the
agency providing the risk assessment. Eligible expenditures for the nonfederal share of
costs may not be made from federal funds or funds used to match other federal funds,
except as allowed for Indian tribes under federal law. Any federal disallowances are the
responsibility of the agency providing risk assessment services.
new text end

Sec. 8.

new text begin [325E.385] ITEMS CONTAINING LEAD PROHIBITED.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin For the purposes of this section "jewelry" means: (1)
an ornament worn by a person on the body or on clothing, including, but not limited to,
a necklace, bracelet, anklet, earring, locket, pendant, charm bracelet, ring, pinky ring,
chain, broach, pin, lapel pin, headband, watchband; or (2) any pendant, bead, chain, link,
or other component of such an ornament.
new text end

new text begin Subd. 2. new text end

new text begin Warning. new text end

new text begin (a) No person shall offer for sale, sell, or distribute free of
charge any jewelry or item of personal decoration that contains more than 600 parts per
million of lead unless it bears a warning label clearly visible to the buyer indicating that
the item contains lead.
new text end

new text begin (b) The obligation to test for lead content and label accurately lies with the producer
or packager of the item and not with the retail seller. Retailers may not sell unlabeled
items without first verifying that the items were tested by the producer or packager.
new text end

new text begin Subd. 3. new text end

new text begin Sale prohibited. new text end

new text begin Effective July 1, 2006, no person shall sell, offer for
sale, or distribute free of charge any trinket, jewelry, items of personal decoration, toy,
or clothing containing more than 600 parts per million of lead that is intended for use
by a child under the age of 12.
new text end

new text begin Subd. 4. new text end

new text begin Exemption. new text end

new text begin This section does not apply to consumer-to-consumer
transactions.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 9. new text begin LEAD REDUCTION STUDY.
new text end

new text begin The commissioner of health, in consultation with the Department of Employment
and Economic Development, the Minnesota Housing Finance Agency, and the Department
of Human Services, shall develop and evaluate the best strategies to reduce the number of
children endangered by lead paint. The study shall make recommendations on:
new text end

new text begin (1) how to promote and encourage primary prevention;
new text end

new text begin (2) how to ensure that all children at risk are tested; and
new text end

new text begin (3) how to provide a lead prevention program to assist families and protect children
with blood lead levels more than five micrograms of lead per deciliter of whole blood from
reaching levels of ten micrograms or greater.
new text end

new text begin The commissioner shall submit the results of the study and any recommendations,
including any necessary legislative changes to the legislature by January 15, 2007.
new text end

Sec. 10. 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. 11. 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