HF 1271

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for the prevention of 
  1.3             lead poisoning; proposing coding for new law in 
  1.4             Minnesota Statutes, chapter 144. 
  1.5   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.6      Section 1.  [TITLE.] 
  1.7      This act may be cited and shall be known as the "Childhood 
  1.8   Lead Poisoning Prevention Act." 
  1.9      Sec. 2.  [LEGISLATIVE FINDINGS.] 
  1.10     (a) Nearly 1,000,000 American children may have levels of 
  1.11  lead in their blood in excess of ten micrograms per deciliter.  
  1.12  Unless prevented or treated, elevated blood lead levels in 
  1.13  egregious cases may result in impairment of the ability to 
  1.14  think, concentrate, and learn.  
  1.15     (b) A significant cause of lead poisoning in children is 
  1.16  the ingestion of lead particles from deteriorating or abraded 
  1.17  lead-based paint from older, poorly maintained residences. 
  1.18     (c) The health and development of these children and many 
  1.19  others are endangered by chipping or peeling lead-based paint or 
  1.20  excessive amounts of lead-contaminated dust in poorly maintained 
  1.21  homes. 
  1.22     (d) Ninety percent of lead-based paint still remaining in 
  1.23  occupied housing exists in units built before 1960, with the 
  1.24  remainder in units built before 1978.  
  1.25     (e) The dangers posed by lead-based paint can be 
  2.1   substantially reduced and largely eliminated by taking measures 
  2.2   to prevent paint deterioration and limiting children's exposure 
  2.3   to paint chips and lead dust.  
  2.4      (f) The deterioration of lead-based paint in older 
  2.5   residences results in increased expenses each year for the state 
  2.6   in the form of special education and other education expenses, 
  2.7   medical care for lead-poisoned children, and expenditures for 
  2.8   delinquent youth and others needing special supervision. 
  2.9      (g) Older housing units remain an important part of this 
  2.10  state's housing stock, particularly for those of modest or 
  2.11  limited incomes. 
  2.12     (h) The possibility of liability exposure among landlords 
  2.13  has led many to abandon older properties or to place them in 
  2.14  "shell corporations" to avoid personal liability. 
  2.15     (i) Knowledge of lead-based paint hazards, their control, 
  2.16  mitigation, abatement, and risk avoidance is not sufficiently 
  2.17  widespread, especially outside urban areas. 
  2.18     (j) The incidence of childhood lead poisoning can be 
  2.19  reduced substantially without significant additional cost to the 
  2.20  state by creating appropriate incentives for property owners to 
  2.21  make their properties lead-free or lead-safe and by targeting 
  2.22  existing state resources used to prevent childhood lead 
  2.23  poisoning more effectively.  
  2.24     Sec. 3.  [LEGISLATIVE PURPOSES.] 
  2.25     To promote the elimination of childhood lead poisoning in 
  2.26  this state, the purposes of this act are: 
  2.27     (1) to significantly reduce the incidence of childhood lead 
  2.28  poisoning in Minnesota; 
  2.29     (2) to increase the supply of affordable rental housing in 
  2.30  Minnesota in which measures have been taken to substantially 
  2.31  reduce the risk of childhood lead poisoning; 
  2.32     (3) to improve public awareness of lead safety issues and 
  2.33  to educate both property owners and tenants about practices that 
  2.34  can reduce the incidence of lead poisoning; 
  2.35     (4) to provide protection from potentially ruinous tort 
  2.36  actions for those landlords who undertake specified lead hazard 
  3.1   reduction measures; 
  3.2      (5) to encourage the testing of children likely to suffer 
  3.3   the consequences of lead poisoning so that prompt diagnosis and 
  3.4   treatment, as well as the prevention of harm, are possible; and 
  3.5      (6) to provide a mechanism to facilitate prompt payment of 
  3.6   medical and rehabilitation expenses and relocation costs for 
  3.7   those remaining individuals who are affected by childhood lead 
  3.8   poisoning. 
  3.9      Sec. 4.  [144.9521] [DEFINITIONS.] 
  3.10     Subdivision 1.  [APPLICABILITY.] The definitions in this 
  3.11  section apply to sections 144.9521 to 144.9531. 
  3.12     Subd. 2.  [ABATEMENT.] "Abatement" means any set of 
  3.13  measures designed to permanently eliminate lead-based paint or 
  3.14  lead-based paint hazards.  Abatement includes the removal of 
  3.15  lead-based paint and dust-lead hazards, the permanent enclosure 
  3.16  or encapsulation of lead-based paint, the replacement of 
  3.17  components or fixtures painted with lead-based paint, and the 
  3.18  removal or permanent covering of soil-lead hazards.  
  3.19     Subd. 3.  [AFFECTED PROPERTY.] "Affected property" means a 
  3.20  room or group of rooms within a property constructed before 1978 
  3.21  that form a single independent habitable dwelling unit for 
  3.22  occupation by one or more individuals that has living facilities 
  3.23  with permanent provisions for living, sleeping, eating, cooking, 
  3.24  and sanitation.  Affected property does not include:  
  3.25     (1) an area not used for living, sleeping, eating, cooking, 
  3.26  or sanitation, such as an unfinished basement; 
  3.27     (2) a unit within a hotel, motel, or similar seasonal or 
  3.28  transient facility unless such unit is occupied by one or more 
  3.29  persons at risk for a period exceeding 30 days; 
  3.30     (3) an area that is secured and inaccessible to occupants; 
  3.31  or 
  3.32     (4) a unit that is not offered for rent.  
  3.33     Affected property excludes any property owned or operated 
  3.34  by a unit of federal, state, or local government, or any public, 
  3.35  quasipublic, or municipal corporation, if the property is 
  3.36  subject to lead standards that are equal to, or more stringent 
  4.1   than, the requirements for lead-safe status under section 
  4.2   144.9522, subdivision 2.  
  4.3      Subd. 4.  [CHEWABLE SURFACE.] "Chewable surface" means an 
  4.4   interior or exterior surface painted with lead-based paint that 
  4.5   a child under the age of six can mouth or chew.  Hard metal 
  4.6   substrates and other materials that cannot be dented by the bite 
  4.7   of a child under the age of six are not considered chewable.  
  4.8      Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  4.9   commissioner of health. 
  4.10     Subd. 6.  [COMMISSIONER'S LOCAL DESIGNEE.] "Commissioner's 
  4.11  local designee" means a municipal, county, or other official 
  4.12  designated by the commissioner as responsible for assisting the 
  4.13  commissioner, relevant state agencies, and relevant county and 
  4.14  municipal authorities, in implementing sections 144.9521 to 
  4.15  144.9531 for the geographical area in which the affected 
  4.16  property is located.  
  4.17     Subd. 7.  [CONTAINMENT.] "Containment" means the physical 
  4.18  measures taken to ensure that dust and debris created or 
  4.19  released during lead-based paint hazard reduction are not 
  4.20  spread, blown, or tracked from inside to outside of the worksite.
  4.21     Subd. 8.  [DETERIORATED PAINT.] "Deteriorated paint" means 
  4.22  any interior or exterior paint or other coating that is peeling, 
  4.23  chipping, chalking, or cracking, or any paint or coating located 
  4.24  on an interior or exterior surface or fixture that is otherwise 
  4.25  damaged or separated from the substrate. 
  4.26     Subd. 9.  [DUST-LEAD HAZARD.] "Dust-lead hazard" means 
  4.27  surface dust in a residential dwelling or a facility occupied by 
  4.28  a person at risk that contains a mass per area concentration of 
  4.29  lead equal to or exceeding 40 micrograms per square foot on 
  4.30  floors or 250 micrograms per square foot on interior windowsills 
  4.31  based on wipe samples.  
  4.32     Subd. 10.  [DWELLING UNIT.] "Dwelling unit" means a: 
  4.33     (1) single-family dwelling, including attached structures 
  4.34  such as porches and stoops; or 
  4.35     (2) housing unit in a structure that contains more than one 
  4.36  separate housing unit and in which each such unit is used or 
  5.1   occupied, or intended to be used or occupied, in whole or in 
  5.2   part, as the home or separate living quarters of one or more 
  5.3   persons.  
  5.4      Subd. 11.  [ELEVATED BLOOD LEAD.] "Elevated blood lead" 
  5.5   means a quantity of lead in whole venous blood, expressed in 
  5.6   micrograms per deciliter, that exceeds 15 micrograms per 
  5.7   deciliter or such other level as may be specifically provided 
  5.8   under sections 144.9521 to 144.9531.  
  5.9      Subd. 12.  [ENCAPSULATION.] "Encapsulation" means the 
  5.10  application of a covering or coating that acts as a barrier 
  5.11  between the lead-based paint and the environment and that relies 
  5.12  for its durability on adhesion between the encapsulant and the 
  5.13  painted surface, and on the integrity of the existing bonds 
  5.14  between paint layers and between the paint and the substrate.  
  5.15  Encapsulation may be used as a method of abatement if it is 
  5.16  designed and performed so as to be permanent.  
  5.17     Subd. 13.  [EXTERIOR SURFACE.] "Exterior surface" means: 
  5.18     (1) a fence or porch that is part of an affected property; 
  5.19     (2) an outside surface of an affected property that is 
  5.20  accessible to a child under the age of six and that: 
  5.21     (i) is attached to the outside of an affected property; or 
  5.22     (ii) consists of other buildings that are part of the 
  5.23  affected property; and 
  5.24     (3) a painted surface in stairways, hallways, entrance 
  5.25  areas, recreation areas, laundry areas, and garages within a 
  5.26  multifamily rental dwelling unit that are common to individual 
  5.27  dwelling units and are accessible to a child under the age of 
  5.28  six.  
  5.29     Subd. 14.  [FRICTION SURFACE.] "Friction surface" means an 
  5.30  interior or exterior surface that is subject to abrasion or 
  5.31  friction, including, but not limited to, certain window, floor, 
  5.32  and stair surfaces. 
  5.33     Subd. 15.  [HAZARD REDUCTION.] "Hazard reduction" means 
  5.34  measures designed to reduce or eliminate human exposure to 
  5.35  lead-based hazards through methods including interim controls or 
  5.36  abatement or a combination of the two. 
  6.1      Subd. 16.  [HIGH-EFFICIENCY PARTICLE AIR VACUUM OR 
  6.2   HEPA-VACUUM.] "High-efficiency particle air vacuum" or 
  6.3   "HEPA-vacuum" means a device capable of filtering out particles 
  6.4   of 0.3 microns or greater from a body of air at an efficiency of 
  6.5   99.97 percent or greater.  HEPA-vacuum includes use of a 
  6.6   HEPA-vacuum.  
  6.7      Subd. 17.  [IMPACT SURFACE.] "Impact surface" means an 
  6.8   interior or exterior surface that is subject to damage from the 
  6.9   impact of repeated sudden force, such as certain parts of door 
  6.10  frames.  
  6.11     Subd. 18.  [INSPECTION.] "Inspection" means a comprehensive 
  6.12  investigation to determine the presence of lead-based paint 
  6.13  hazards and the provision of a report explaining the results of 
  6.14  the investigation. 
  6.15     Subd. 19.  [INTERIM CONTROLS.] "Interim controls" means a 
  6.16  set of measures designed to reduce temporarily human exposure to 
  6.17  lead-based paint hazards.  Interim controls include, but are not 
  6.18  limited to, repairs, painting, temporary containment, 
  6.19  specialized cleaning, clearance, ongoing lead-based paint 
  6.20  maintenance activities, and the establishment and operation of 
  6.21  management and resident education programs. 
  6.22     Subd. 20.  [INTERIOR WINDOWSILL.] "Interior windowsill" 
  6.23  means a portion of the horizontal window ledge that is 
  6.24  protruding into the interior of a room.  
  6.25     Subd. 21.  [LEAD-BASED PAINT.] "Lead-based paint" means 
  6.26  paint or other surface coatings that contain lead equal to or 
  6.27  exceeding 1.0 milligram per square centimeter or 0.5 percent by 
  6.28  weight or 5,000 parts per million (ppm) by weight.  
  6.29     Subd. 22.  [LEAD-BASED PAINT HAZARD.] "Lead-based paint 
  6.30  hazard" means paint-lead hazards and dust-lead hazards.  
  6.31     Subd. 23.  [OWNER.] "Owner" means a person, firm, 
  6.32  corporation, nonprofit organization, partnership, government, 
  6.33  guardian, conservator, receiver, trustee, executor, or other 
  6.34  judicial officer, or other entity, which, alone or with others, 
  6.35  owns, holds, or controls the freehold or leasehold title or part 
  6.36  of the title to property, with or without actually possessing 
  7.1   it.  Owner includes a vendee who possesses the title, but does 
  7.2   not include a mortgagee or an owner of a reversionary interest 
  7.3   under a ground rent lease.  Owner includes any authorized agent 
  7.4   of the owner, including a property manager or leasing agent.  
  7.5      Subd. 24.  [PAINT-LEAD HAZARD.] "Paint-lead hazard" means:  
  7.6      (1) any lead-based paint on a friction surface that is 
  7.7   subject to abrasion and where the dust-lead levels on the 
  7.8   nearest horizontal surface underneath the friction surface are 
  7.9   equal to or greater than the dust-lead hazard levels defined in 
  7.10  subdivision 9; 
  7.11     (2) any lead-based damaged or deteriorated paint on an 
  7.12  impact surface that is caused by impact from a related building 
  7.13  material, such as a door knob that knocks into a wall or a door 
  7.14  that knocks against its door frame; 
  7.15     (3) any lead-based painted chewable surface on which there 
  7.16  is evidence of teeth marks; or 
  7.17     (4) any other lead-based deteriorated paint in or on the 
  7.18  exterior of any residential building or any facility occupied by 
  7.19  a person at risk.  
  7.20     Subd. 25.  [PERMANENT.] "Permanent" means an expected 
  7.21  design life of at least 20 years.  
  7.22     Subd. 26.  [PERSON AT RISK.] "Person at risk" means a child 
  7.23  under the age of six years or a pregnant woman who resides or 
  7.24  regularly spends at least 24 hours per week in an affected 
  7.25  property.  
  7.26     Subd. 27.  [RELOCATION EXPENSES.] "Relocation expenses" 
  7.27  means all expenses necessitated by the relocation of a tenant's 
  7.28  household to lead-safe housing, including moving and hauling 
  7.29  expenses, the HEPA-vacuuming of all upholstered furniture, 
  7.30  payment of a security deposit for the lead-safe housing, and 
  7.31  installation and connection of utilities and appliances.  
  7.32     Subd. 28.  [SOIL-LEAD HAZARD.] "Soil-lead hazard" means 
  7.33  soil on residential real property or on property of a facility 
  7.34  occupied by a person at risk that contains total lead equal to 
  7.35  or exceeding 400 parts per million in a play area or average of 
  7.36  1,200 parts per million of bare soil in the rest of the yard 
  8.1   based on soil samples.  
  8.2      Subd. 29.  [TENANT.] "Tenant" means the individual named as 
  8.3   the lessee in a lease, rental agreement, or occupancy agreement 
  8.4   for a dwelling unit.  
  8.5      Subd. 30.  [WIPE SAMPLE.] "Wipe sample" means a sample 
  8.6   collected by wiping a representative surface of known area, as 
  8.7   determined by "Standard Practice for Collection of Settled Dust 
  8.8   Samples Using Wipe Sampling Methods for Subsequent Lead 
  8.9   Determination," ASTM E1728-02, ASTM International, with lead 
  8.10  determination conducted by an accredited laboratory 
  8.11  participating in the Environmental Lead Laboratory Accreditation 
  8.12  Program. 
  8.13     Sec. 5.  [144.9522] [REQUIREMENTS FOR LEAD-FREE STATUS AND 
  8.14  LEAD-SAFE STATUS.] 
  8.15     Subdivision 1.  [REQUIREMENTS FOR LEAD-FREE STATUS.] An 
  8.16  affected property is lead-free if: 
  8.17     (1) the affected property was constructed after 1978; or 
  8.18     (2) the owner of the affected property submits to the 
  8.19  commissioner or the commissioner's local designee an inspection 
  8.20  report, which indicates that the affected property has been 
  8.21  tested for the presence of lead according to rules adopted by 
  8.22  the commissioner and states that all interior surfaces of the 
  8.23  affected property are lead-free and: 
  8.24     (i) all exterior painted surfaces of the affected property 
  8.25  that were chipping, peeling, or flaking have been restored with 
  8.26  non-lead-based paint; or 
  8.27     (ii) no exterior painted surfaces of the affected property 
  8.28  are chipping, peeling, or flaking. 
  8.29     Subd. 2.  [REQUIREMENTS FOR LEAD-SAFE STATUS.] An affected 
  8.30  property is lead-safe if the following treatments to reduce 
  8.31  lead-based paint hazards have been completed by someone 
  8.32  accredited under section 144.9524 and in compliance with the 
  8.33  rules adopted by the commissioner: 
  8.34     (1) visual review of all exterior and interior painted 
  8.35  surfaces; 
  8.36     (2) removal and repainting of chipping, peeling, or flaking 
  9.1   paint on exterior and interior painted surfaces; 
  9.2      (3) stabilization and repainting of any interior or 
  9.3   exterior painted surface that have lead-based paint hazards; 
  9.4      (4) repair of any structural defect that is causing the 
  9.5   paint to chip, peel, or flake that the owner of the affected 
  9.6   property has knowledge of or, with the exercise of reasonable 
  9.7   care, should have knowledge of; 
  9.8      (5) stripping and repainting, replacing, or encapsulating 
  9.9   all interior windowsills and window troughs with vinyl, metal, 
  9.10  or any other durable materials, which render the surface smooth 
  9.11  and cleanable; 
  9.12     (6) installation of caps of vinyl, aluminum, or any other 
  9.13  material in a manner and under conditions approved by the 
  9.14  commissioner in all window wells to make the window wells smooth 
  9.15  and cleanable; 
  9.16     (7) fixing the top sash of all windows in place to 
  9.17  eliminate the friction caused by movement of the top sash, 
  9.18  except for a treated or replacement window that is free of 
  9.19  lead-based paint on its friction surfaces; 
  9.20     (8) rehanging all doors as necessary to prevent the rubbing 
  9.21  together of a lead-painted surface with another surface; 
  9.22     (9) making all bare floors smooth and cleanable; 
  9.23     (10) ensuring that all kitchen and bathroom floors are 
  9.24  overlaid with a smooth water-resistant covering; and 
  9.25     (11) HEPA-vacuuming and washing of the interior of the 
  9.26  affected property with high-phosphate detergent or its 
  9.27  equivalent, as determined by the commissioner. 
  9.28     Subd. 3.  [REPAIRS TO COMPLY WITH STANDARDS.] (a) Whenever 
  9.29  an owner of an affected property intends to make repairs or 
  9.30  perform maintenance work that will disturb the paint on interior 
  9.31  surfaces of an affected property, the owner shall give any 
  9.32  tenant in the affected property at least 48 hours' written 
  9.33  advance notice and shall make reasonable efforts to ensure that 
  9.34  all persons who are not persons at risk are not present in the 
  9.35  area where work is performed and that all persons at risk are 
  9.36  removed from the affected property when the work is performed.  
 10.1      (b) A tenant shall allow access to an affected property, at 
 10.2   reasonable times, to the owner to perform any work required 
 10.3   under this section or section 144.9523. 
 10.4      (c) If a tenant must vacate an affected property for a 
 10.5   period of 24 hours or more to allow an owner to perform work 
 10.6   that will disturb the paint on interior surfaces, the owner 
 10.7   shall pay the reasonable expenses that the tenant incurs 
 10.8   directly related to the required relocation.  
 10.9      (d) If an owner has made all reasonable efforts to cause 
 10.10  the tenant to temporarily vacate an affected property to perform 
 10.11  work that will disturb the paint on interior surfaces and the 
 10.12  tenant refuses to vacate the affected property, the owner is not 
 10.13  liable for any damages arising from the tenant's refusal to 
 10.14  vacate.  
 10.15     (e) If an owner has made all reasonable efforts to gain 
 10.16  access to an affected property to perform any work required 
 10.17  under this section or section 144.9523, and the tenant refuses 
 10.18  to allow access, even after receiving reasonable advance notice 
 10.19  of the need for access, the owner is not liable for any damages 
 10.20  arising from the tenant's refusal to allow access.  
 10.21     Sec. 6.  [144.9523] [INSPECTION OF AFFECTED PROPERTIES.] 
 10.22     Subdivision 1.  [VOLUNTARY INSPECTIONS.] (a) An owner of an 
 10.23  affected property at any time after the effective date of this 
 10.24  act may request that the commissioner inspect an affected 
 10.25  property to determine whether it complies with the requirements 
 10.26  of lead-free status as specified in section 144.9522, 
 10.27  subdivision 1, or the requirements of lead-safe status as 
 10.28  specified in section 144.9522, subdivision 2.  The inspection 
 10.29  shall be completed within 30 days following the owner's request. 
 10.30     (b) Any affected property certified as either lead-free or 
 10.31  lead-safe following a voluntary inspection under paragraph (a) 
 10.32  shall be: 
 10.33     (1) entitled to the liability protection under section 
 10.34  144.9525; and 
 10.35     (2) deemed in compliance with all state and local 
 10.36  requirements, whether included in housing codes or ordinances or 
 11.1   any other regulatory or criminal statutes or ordinances, 
 11.2   governing lead paint contained in an affected property.  
 11.3      Subd. 2.  [MANDATORY COMPLIANCE.] The lead poisoning 
 11.4   prevention commission established by section 14 shall either 
 11.5   develop a proposal for mandatory inspections of all affected 
 11.6   properties to be implemented by January 1, 2006, or shall 
 11.7   develop alternative measures of enforcement and penalties to 
 11.8   ensure that all affected properties comply with either the 
 11.9   lead-free standard described in section 144.9522, subdivision 1, 
 11.10  or the lead-safe standard described in section 144.9522, 
 11.11  subdivision 2, within a reasonable period of time following 
 11.12  January 1, 2006.  
 11.13     Subd. 3.  [EXPEDITED INSPECTION.] The commissioner or the 
 11.14  commissioner's local designee shall order an inspection of an 
 11.15  affected property, at the expense of the owner of the affected 
 11.16  property, whenever the commissioner or the commissioner's local 
 11.17  designee, after January 1, 2004, is notified that the affected 
 11.18  property reasonably appears to comply with neither the lead-free 
 11.19  standard nor the lead-safe standard under section 144.9522 and a 
 11.20  person at risk resides in the affected property or spends more 
 11.21  than 24 hours per week in the affected property.  An inspection 
 11.22  required under this subdivision shall be completed within 90 
 11.23  days after notification of the commissioner or the 
 11.24  commissioner's local designee. 
 11.25     Subd. 4.  [EMERGENCY INSPECTION.] The commissioner or the 
 11.26  commissioner's local designee shall order an inspection of an 
 11.27  affected property, at the expense of the owner of the affected 
 11.28  property, whenever the commissioner or the commissioner's local 
 11.29  designee is notified that a person at risk who resides in the 
 11.30  affected property or spends more than 24 hours per week in the 
 11.31  affected property has an elevated blood lead level greater than 
 11.32  or equal to 15 micrograms per deciliter.  An inspection under 
 11.33  this subdivision shall be completed within 15 days after 
 11.34  notification of the commissioner or the commissioner's local 
 11.35  designee. 
 11.36     Subd. 5.  [INSPECTION REPORT.] The inspector shall submit a 
 12.1   verified report of the result of the inspection to the 
 12.2   commissioner or the commissioner's local designee, the owner, 
 12.3   and the tenant, if any, of the affected property.  
 12.4      Subd. 6.  [INSPECTION FEES.] The owner of an affected 
 12.5   property shall pay a fee at the time of the inspection of an 
 12.6   affected property sufficient to pay the full costs of the 
 12.7   inspection.  
 12.8      Sec. 7.  [144.9524] [ACCREDITATION OF INSPECTORS AND 
 12.9   CONTRACTORS PERFORMING WORK.] 
 12.10     Subdivision 1.  [ACCREDITATION OF PERSONS PERFORMING LEAD 
 12.11  HAZARD REDUCTION ACTIVITIES.] No person shall act as a 
 12.12  contractor or supervisor to perform the work necessary for lead 
 12.13  hazard abatement unless that person is accredited by the 
 12.14  commissioner.  The commissioner shall accredit for these 
 12.15  purposes any person meeting the standards described in one of 
 12.16  the following clauses: 
 12.17     (1) rules adopted by the commissioner under sections 
 12.18  144.9521 to 144.9531 governing the accreditation of individuals 
 12.19  to engage in lead-based paint activities sufficient to satisfy 
 12.20  the requirements of Code of Federal Regulations, title 40, 
 12.21  section 745.325 (2001), or any applicable successor provisions 
 12.22  to Code of Federal Regulations, title 40, section 745.325 
 12.23  (2001); 
 12.24     (2) certification by the United States Environmental 
 12.25  Protection Agency to engage in lead-based paint activities under 
 12.26  Code of Federal Regulations, title 40, section 745.226 (2001), 
 12.27  or any applicable successor provisions to Code of Federal 
 12.28  Regulations, title 40, section 745.226 (2001); or 
 12.29     (3) certification by a state or tribal program authorized 
 12.30  by the United States Environmental Protection Agency to certify 
 12.31  individuals engaged in lead-based paint activities under Code of 
 12.32  Federal Regulations, title 40, section 745.325 (2001), or any 
 12.33  applicable successor provisions to Code of Federal Regulations, 
 12.34  title 40, section 745.325 (2001).  
 12.35  The commissioner shall, by rule, create exceptions to the 
 12.36  accreditation requirement for instances when the disturbance of 
 13.1   lead-based paint is incidental.  
 13.2      Subd. 2.  [ACCREDITATION OF PERSONS PERFORMING 
 13.3   INSPECTIONS.] An inspector accredited by the commissioner shall 
 13.4   conduct all inspections required by section 144.9523, or 
 13.5   otherwise required by sections 144.9521 to 144.9531.  The 
 13.6   commissioner shall accredit as an inspector any individual 
 13.7   meeting the requirements of clause (1) or (2):  
 13.8      (1) rules adopted by the commissioner under sections 
 13.9   144.9521 to 144.9531 governing the accreditation of individuals 
 13.10  eligible to conduct the inspections required by sections 
 13.11  144.9521 to 144.9531; or 
 13.12     (2) certification to conduct risk assessments by the United 
 13.13  States Environmental Protection Agency under Code of Federal 
 13.14  Regulations, title 40, section 745.226(b) (2001), or any 
 13.15  applicable successor provisions to Code of Federal Regulations, 
 13.16  title 40, section 745.226 (2001).  
 13.17     Subd. 3.  [DURATION OF CERTIFICATION.] The accreditation of 
 13.18  contractors or supervisors of those performing the work 
 13.19  necessary for lead-hazard abatement and the accreditation of 
 13.20  those performing inspections shall extend for a period of three 
 13.21  years unless the commissioner has probable cause to believe a 
 13.22  person accredited under this section has violated the terms of 
 13.23  the accreditation or engaged in illegal or unethical conduct 
 13.24  related to inspections required by sections 144.9521 to 
 13.25  144.9531, in which case the accreditation to perform inspections 
 13.26  shall be suspended pending a hearing according to state law.  
 13.27     Subd. 4.  [REGISTRATION FEES.] (a) The commissioner shall 
 13.28  establish, by rule, a schedule of fees for the registration of 
 13.29  persons performing lead-hazard abatement and a separate schedule 
 13.30  for persons performing inspections under sections 144.9521 to 
 13.31  144.9531.  The fees must be paid at the time of initial 
 13.32  registration and at the time of subsequent renewal of 
 13.33  registration, and shall be sufficient to cover all costs, 
 13.34  including the costs of state personnel, attributable to 
 13.35  accreditation activities conducted under this section.  
 13.36     (b) Fees collected under this subdivision shall be held in 
 14.1   a continuing nonlapsing special fund to be used for 
 14.2   accreditation purposes under this section. 
 14.3      (c) The fund established under this subdivision shall be 
 14.4   invested and reinvested and any investment earnings shall be 
 14.5   paid into the fund.  
 14.6      Subd. 5.  [ENFORCEMENT.] Sections 144.989 to 144.993 apply 
 14.7   to enforce violations of this section, any rules adopted under 
 14.8   this section, and any condition of accreditation issued under 
 14.9   this section.  
 14.10     Sec. 8.  [144.9525] [LIABILITY PROTECTION AND THE QUALIFIED 
 14.11  OFFER.] 
 14.12     Subdivision 1.  [SCOPE OF APPLICATION.] This section 
 14.13  applies to all potential bases of civil liability for alleged 
 14.14  injury or loss to a person caused by the ingestion of lead by a 
 14.15  person at risk in an affected property, except that this section 
 14.16  does not apply to any claim in which the elevated blood lead 
 14.17  level of the person at risk is documented to have existed on or 
 14.18  before the date 60 days after the affected property where the 
 14.19  person at risk resides or otherwise allegedly was exposed to 
 14.20  lead has been certified as lead-free under section 144.9522, 
 14.21  subdivision 1, or lead-safe under section 144.9522, subdivision 
 14.22  2. 
 14.23     Subd. 2.  [REQUIREMENTS FOR IMMUNITY FROM LIABILITY.] A 
 14.24  property owner and the owner's agents and employees are immune 
 14.25  from civil liability to a person at risk, the person's parents, 
 14.26  or the person's legal guardian for injuries or damages resulting 
 14.27  from the ingestion of lead contained in an affected property if: 
 14.28     (1) the property has been certified as lead-free under 
 14.29  section 144.9522, subdivision 1, or as lead-safe under section 
 14.30  144.9522, subdivision 2; and 
 14.31     (2) the property owner or the owner's agent has made a 
 14.32  qualified offer under subdivision 5 to the person at risk, or 
 14.33  the person's parent or legal guardian, in a case in which the 
 14.34  person at risk has a documented elevated blood lead level of 15 
 14.35  micrograms per deciliter or more performed more than 60 days 
 14.36  following certification of the premises as lead-safe or 
 15.1   lead-free under section 144.9522, regardless of whether the 
 15.2   qualified offer has been accepted or rejected by the person at 
 15.3   risk, or the person's parent or legal guardian.  
 15.4      Subd. 3.  [EXCEPTIONS TO IMMUNITY.] Immunity under 
 15.5   subdivision 2 does not apply if it is shown that one of the 
 15.6   following has occurred:  
 15.7      (1) the owner or the owner's employee or agent obtained the 
 15.8   certification of lead-free or lead-safe status by fraud; 
 15.9      (2) the owner or the owner's employee or agent violated a 
 15.10  condition of the certification; 
 15.11     (3) during renovation, remodeling, maintenance, or repair 
 15.12  after receiving the certificate, the owner or the owner's 
 15.13  employee or agent created a lead-based paint hazard that was 
 15.14  present in the affected property at the time the person at risk 
 15.15  was exposed to a lead-based paint hazard or first was tested 
 15.16  with an elevated blood lead level greater than 15 micrograms per 
 15.17  deciliter; 
 15.18     (4) the owner or the owner's employee or agent failed to 
 15.19  respond in a timely manner to notification by a tenant, the 
 15.20  commissioner, the commissioner's local designee, or a local 
 15.21  housing or health department that a lead-based paint hazard 
 15.22  might be present; or 
 15.23     (5) the lead poisoning or lead exposure was caused by a 
 15.24  source of lead in the affected property other than lead-based 
 15.25  paint. 
 15.26     Subd. 4.  [DOCUMENTATION AND NOTIFICATION OF INJURY.] (a) A 
 15.27  person may not bring an action against an owner of an affected 
 15.28  property whose property has been certified as lead-free under 
 15.29  section 144.9522, subdivision 1, or lead-safe under section 
 15.30  144.9522, subdivision 2, for damages arising from alleged injury 
 15.31  or loss to a person at risk caused by a lead-based paint hazard 
 15.32  unless the person documents the person's alleged injury with a 
 15.33  test for elevated blood lead levels and presents a written 
 15.34  notice to the owner of the affected property or the owner's 
 15.35  agents or employees of the claim and test results. 
 15.36     (b) If the test results show an elevated blood lead level 
 16.1   of less than 15 micrograms per deciliter, the person at risk or 
 16.2   the person's parent or legal guardian shall not recover damages 
 16.3   from the owner of the affected property or the owner's agents or 
 16.4   employees unless the person at risk or the person's parent or 
 16.5   legal guardian can show by clear and convincing evidence that 
 16.6   the damage or injury to the person at risk resulted from 
 16.7   exposure to lead-based paint and was caused by: 
 16.8      (1) intentional acts by the owner or the owner's agents or 
 16.9   employees; or 
 16.10     (2) actions of the owner or the owner's agents or employees 
 16.11  with knowledge with a substantial certainty that such actions 
 16.12  would injure the person at risk or others similarly situated.  
 16.13     (c) If the test results show an elevated blood lead level 
 16.14  of 15 micrograms per deciliter or greater, the owner of the 
 16.15  affected property or the owner's agents or employees shall have 
 16.16  the opportunity to make a qualified offer under subdivision 5. 
 16.17     (d) If the concentration of lead in a whole venous blood 
 16.18  sample of a person at risk tested within 60 days after the 
 16.19  person at risk begins residence or regularly spends at least 24 
 16.20  hours per week in an affected property that is certified as 
 16.21  being in compliance with the provisions of section 144.9522, 
 16.22  subdivision 1 or 2, is equal to or greater than 15 micrograms 
 16.23  per deciliter, it shall be presumed that the exposure to 
 16.24  lead-based paint occurred before the person at risk began 
 16.25  residing or regularly spending at least 24 hours per week in the 
 16.26  affected property.  
 16.27     Subd. 5.  [QUALIFIED OFFER.] (a) A qualified offer may be 
 16.28  made to a person at risk by the owner of the affected property, 
 16.29  an insurer of the owner, or an agent, employee, or attorney of 
 16.30  the owner, collectively referred to hereinafter as the offeror.  
 16.31     (b) To qualify for the protection of liability under 
 16.32  subdivision 2, a qualified offer must be made in writing and 
 16.33  delivered by certified mail return receipt requested within 30 
 16.34  days after the owner of the affected property or the owner's 
 16.35  agent or employee receives notice of the elevated blood lead 
 16.36  level referred to in subdivision 4, paragraph (c).  
 17.1      (c) A qualified offer made under this subdivision may be 
 17.2   accepted or rejected by a person at risk or, if a person at risk 
 17.3   is a minor, the person's parent or legal guardian.  If the 
 17.4   qualified offer is not accepted within 30 days of receipt of the 
 17.5   qualified offer, it shall be deemed to have been rejected.  By 
 17.6   mutual agreement, the parties may extend the period for 
 17.7   acceptance of the qualified offer. 
 17.8      (d) Subject to the exception in paragraph (e), acceptance 
 17.9   of a qualified offer by a person at risk or the person's parent 
 17.10  or legal guardian, or other person authorized to respond on 
 17.11  behalf of a person at risk, discharges and releases all 
 17.12  potential liability of the offeror, the offeror's insured or 
 17.13  principal, and any participating co-offeror to the person at 
 17.14  risk and to the parent or legal guardian of the person at risk 
 17.15  for alleged injury or loss caused by the lead-based paint hazard 
 17.16  in the affected property.  
 17.17     (e) No owner of an affected property, owner's agent, 
 17.18  employee, or attorney, or anyone else acting on the owner's 
 17.19  behalf shall represent to a person at risk, the person's parent 
 17.20  or guardian, or anyone else acting on the person's behalf, that 
 17.21  an offer of settlement in an action resulting from a lead-based 
 17.22  paint hazard in an affected property is a qualified offer unless 
 17.23  the affected property has been certified as lead-free under 
 17.24  section 144.9522, subdivision 1, or lead-safe under section 
 17.25  144.9522, subdivision 2, and unless the offeror reasonably 
 17.26  believes that the settlement offer satisfies all requirements of 
 17.27  this section.  Any settlement resulting from a settlement offer 
 17.28  purporting to be a qualified offer, which does not satisfy the 
 17.29  requirements of this subdivision, shall at the election of the 
 17.30  person at risk, the person's parent or guardian, or other 
 17.31  representative, be deemed null and void and of no legal effect.  
 17.32  Misrepresentation of a settlement offer as a qualified offer 
 17.33  when in fact the offer does not meet these requirements may 
 17.34  subject the offeror to criminal penalties under section 144.99 
 17.35  or professional disciplinary codes where applicable.  The 
 17.36  statute of limitations for an action by a person at risk with an 
 18.1   elevated blood lead level or the person's parent or legal 
 18.2   guardian is tolled until the misrepresentation described in this 
 18.3   paragraph is discovered.  
 18.4      (f) A copy of the qualified offer shall be sent to the 
 18.5   commissioner or the commissioner's local designee and the local 
 18.6   health department.  The commissioner or the commissioner's local 
 18.7   designee and the local health department shall maintain a copy 
 18.8   of the qualified offer in the case management file of the person 
 18.9   at risk.  The commissioner or the commissioner's local designee 
 18.10  and the local health department shall directly notify the person 
 18.11  at risk, or in the case of a minor, the parent or legal guardian 
 18.12  of the minor, of state and local resources available for lead 
 18.13  poisoning prevention and treatment.  
 18.14     (g) A qualified offer shall include payment for reasonable 
 18.15  expenses and costs incurred by the person at risk with an 
 18.16  elevated blood lead level of 15 micrograms per deciliter or 
 18.17  greater for: 
 18.18     (1) the relocation of the household of the person at risk 
 18.19  to a lead-safe dwelling unit of comparable size and quality that 
 18.20  may provide either: 
 18.21     (i) the permanent relocation of the household of the 
 18.22  affected person at risk to lead-safe housing, including 
 18.23  relocation expenses, a rent subsidy, and incidental expenses; or 
 18.24     (ii) the temporary relocation of the household of the 
 18.25  affected person at risk to lead-safe housing while necessary 
 18.26  lead hazard reduction treatments are being performed in the 
 18.27  affected property to make that affected property lead-safe; 
 18.28     (2) medically necessary treatment for the affected person 
 18.29  at risk, as determined by the treating physician or other health 
 18.30  care provider or case manager of the person at risk, that is 
 18.31  necessary to mitigate the effects of lead poisoning, as defined 
 18.32  by rule, and, in the case of a child, until the child reaches 
 18.33  the age of 18 years; and 
 18.34     (3) reasonable attorney fees, not to exceed the lesser of 
 18.35  $2,500 or actual time spent in the investigation, preparation, 
 18.36  and presentation of the claim multiplied by an hourly rate of 
 19.1   $150 per hour.  
 19.2      (h) An offeror must pay reasonable expenses for the 
 19.3   medically necessary treatments under paragraph (g), clause (2), 
 19.4   only if coverage for the treatments is not otherwise provided by 
 19.5   Medicaid, the state medical assistance program, or by a health 
 19.6   insurance plan under which the person at risk has coverage or in 
 19.7   which the person at risk is enrolled.  The health insurance plan 
 19.8   shall have no right of subrogation against the party making the 
 19.9   qualified offer.  
 19.10     (i) The amounts payable under a qualified offer made under 
 19.11  this subdivision are subject to the following aggregate maximum 
 19.12  caps: 
 19.13     (1) $25,000 for all medically necessary treatments as 
 19.14  provided and limited in paragraph (g), clause (2); and 
 19.15     (2) $10,000 for all relocation benefits as provided and 
 19.16  limited in paragraph (g), clause (1).  
 19.17     All payments under a qualified offer specified in paragraph 
 19.18  (g) shall be paid to the provider of the service, except that 
 19.19  payment of incidental expenses may be paid directly to the 
 19.20  person at risk, or in the case of a child, to the parent or 
 19.21  legal guardian of the person at risk.  
 19.22     The payments under a qualified offer may not be considered 
 19.23  income or an asset of the person at risk, the parent of a person 
 19.24  at risk who is a child, or the person's legal guardian, for 
 19.25  purposes of determining eligibility under any state or federal 
 19.26  entitlement program.  
 19.27     (j) A qualified offer shall include a certification by the 
 19.28  owner of the affected property, under the penalties of perjury, 
 19.29  that the owner has complied with the applicable provisions of 
 19.30  this section and section 144.9522 in a manner that qualified the 
 19.31  owner to make a qualified offer.  
 19.32     (k) A qualified offer shall not be treated as an offer of 
 19.33  compromise for purposes of admissibility in evidence, 
 19.34  notwithstanding that the amount is not in controversy.  
 19.35     (l) The commissioner may adopt rules that are necessary to 
 19.36  carry out the provisions of this section.  
 20.1      Subd. 6.  [PRESUMPTION OF NEGLIGENCE IN CASE AGAINST 
 20.2   NONCOMPLYING PROPERTY OWNER.] (a) An owner of an affected 
 20.3   property, who is not in compliance with the provisions of 
 20.4   section 144.9522, subdivision 1 or 2, during the period of 
 20.5   residency of a person at risk, is presumed to have failed to 
 20.6   exercise reasonable care with respect to lead-based paint 
 20.7   hazards during that period in an action seeking damages on 
 20.8   behalf of the person at risk for alleged injury or loss 
 20.9   resulting from exposure to lead-based paint hazards in the 
 20.10  affected property. 
 20.11     (b) The owner has the burden of rebutting this presumption 
 20.12  by clear and convincing evidence.  
 20.13     (c) The plaintiff in an action against an owner of an 
 20.14  affected property described in paragraph (a), in addition to 
 20.15  recovering all other legally cognizable damages, including 
 20.16  punitive damages where appropriate, may recover reasonable 
 20.17  attorney fees.  
 20.18     Sec. 9.  [144.9526] [ENFORCEMENT.] 
 20.19     Subdivision 1.  [FULL ENFORCEMENT OF CRIMINAL VIOLATIONS 
 20.20  AND CIVIL REMEDIES.] Owners of affected properties who fail to 
 20.21  comply with the provisions of section 144.9522, subdivision 1 or 
 20.22  2, are subject to penalties according to section 144.99.  The 
 20.23  office of the attorney general shall vigorously enforce civil 
 20.24  remedies and criminal penalties provided for by law arising out 
 20.25  of the failure to comply with the requirements of sections 
 20.26  144.9521 to 144.9531 and may seek injunctive relief where 
 20.27  appropriate.  
 20.28     Subd. 2.  [REPORTING OF ENFORCEMENT ACTIONS.] (a) Any civil 
 20.29  or criminal action by state or local officials to enforce 
 20.30  sections 144.9521 to 144.9531 shall be reported to the 
 20.31  commissioner. 
 20.32     (b) The commissioner shall issue an annual report outlining 
 20.33  specifically the enforcement actions brought under subdivision 
 20.34  1, the identity of the owners of the affected properties, the 
 20.35  authority bringing the enforcement action, and the nature of the 
 20.36  action and describing the criminal penalties or civil relief, or 
 21.1   both.  
 21.2      Subd. 3.  [RECEIVERSHIP OF PROPERTIES NOT MEETING 
 21.3   STANDARDS.] After the second written notice from the 
 21.4   commissioner, the commissioner's local designee, or the state or 
 21.5   local department of health, of violations of the provisions of 
 21.6   sections 144.9521 to 144.9531 occurring within an affected 
 21.7   property, or after two criminal or civil actions under 
 21.8   subdivision 1, brought by either state or local officials to 
 21.9   enforce sections 144.9521 to 144.9531 arising out of violations 
 21.10  occurring within an affected property, unless the violations 
 21.11  alleged to exist are corrected, the affected property shall be 
 21.12  considered abandoned, and the attorney general, the 
 21.13  commissioner, the commissioner's local designee, the state or 
 21.14  local department of health, or any other official having 
 21.15  jurisdiction over the affected property may request the court to 
 21.16  appoint a receiver for the property.  The court in such 
 21.17  instances may specifically authorize the receiver to apply for 
 21.18  loans, grants, and other forms of funding necessary to correct 
 21.19  lead-based paint hazards and meet the standards for lead-safe or 
 21.20  lead-free status, and to hold the affected property for such 
 21.21  period of time as the funding source may require to ensure that 
 21.22  the purposes of the funding have been met.  The costs of the 
 21.23  receivership constitute a lien against the property that, if not 
 21.24  discharged by the owner upon receipt of the receiver's demand 
 21.25  for payment, constitutes grounds for foreclosure proceedings 
 21.26  instituted by the receiver to recover the costs.  
 21.27     Sec. 10.  [144.9527] [PRIVATE RIGHT TO INJUNCTIVE RELIEF.] 
 21.28     Subdivision 1.  [RIGHT TO LEAD-FREE OR LEAD-SAFE 
 21.29  HOUSING.] A person at risk has a right to housing that is 
 21.30  lead-free or lead-safe according to sections 144.9521 to 
 21.31  144.9531. 
 21.32     Subd. 2.  [PRIVATE RIGHT OF ACTION FOR INJUNCTIVE 
 21.33  RELIEF.] If an owner of an affected property fails to comply 
 21.34  with section 144.9522, a private right of action exists that 
 21.35  allows a person at risk or the parent or legal guardian of a 
 21.36  person at risk to seek injunctive relief from a court with 
 22.1   jurisdiction against the owner of the affected property in the 
 22.2   form of a court order to compel compliance with section 144.9522.
 22.3      Subd. 3.  [NOTICE OF INTENT TO SEEK INJUNCTIVE RELIEF.] A 
 22.4   court shall not grant the injunctive relief requested under 
 22.5   subdivision 2, unless, at least 30 days prior to the filing 
 22.6   requesting the injunction, the owner of the affected property 
 22.7   has received written notice of the violation of standards 
 22.8   contained in section 144.9522 and has failed to bring the 
 22.9   affected property into compliance with the applicable 
 22.10  standards.  This notice to the owner of the affected property is 
 22.11  satisfied when any of the following has occurred:  
 22.12     (1) a person at risk, the person's parent or legal 
 22.13  guardian, or the person's attorney, has notified the owner of an 
 22.14  affected property that the property fails to meet the 
 22.15  requirements for lead-free status under section 144.9522, 
 22.16  subdivision 1, or for lead-safe status under section 144.9522, 
 22.17  subdivision 2; 
 22.18     (2) a local or state housing authority or the commissioner 
 22.19  has notified the owner of the affected property of violations of 
 22.20  sections 144.9521 to 144.9531 occurring within an affected 
 22.21  property; or 
 22.22     (3) a criminal or civil action under section 144.9526, 
 22.23  subdivision 1, has been brought by state or local enforcement 
 22.24  officials to enforce sections 144.9521 to 144.9531 arising out 
 22.25  of violations occurring within an affected property.  
 22.26     Subd. 4.  [RIGHT TO RECOVER LITIGATION COSTS AND ATTORNEY 
 22.27  FEES.] A person who prevails in an action under subdivision 2 is 
 22.28  entitled to an award of the costs of the litigation and to an 
 22.29  award of reasonable attorney fees in an amount to be fixed by 
 22.30  the court. 
 22.31     Subd. 5.  [ACCELERATED HEARING.] Cases brought before the 
 22.32  court under this section shall be granted an accelerated hearing.
 22.33     Sec. 11.  [144.9528] [RETALIATORY EVICTIONS PROHIBITED.] 
 22.34     Subdivision 1.  [ACTIONS PROTECTED.] An owner of an 
 22.35  affected property may not evict or take any other retaliatory 
 22.36  action against a person at risk or the person's parent or legal 
 23.1   guardian in response to the actions of the person at risk or the 
 23.2   person's parent or legal guardian in: 
 23.3      (1) providing information to the owner of the affected 
 23.4   property, the commissioner, the commissioner's local designee, 
 23.5   local health officials, or local housing officials concerning 
 23.6   lead-based paint hazards within an affected property or elevated 
 23.7   blood lead levels of a person at risk; or 
 23.8      (2) enforcing any rights under sections 144.9521 to 
 23.9   144.9531.  
 23.10     Subd. 2.  [DEFINITION OF RETALIATORY EVICTION.] For 
 23.11  purposes of this section, a retaliatory action includes any of 
 23.12  the following actions in which the activities protected under 
 23.13  subdivision 1 are a material factor in motivating the action: 
 23.14     (1) a refusal to renew a lease; 
 23.15     (2) termination of a tenancy; 
 23.16     (3) an arbitrary rent increase or decrease in services to 
 23.17  which the person at risk or the person's parent or legal 
 23.18  guardian is entitled; or 
 23.19     (4) any form of constructive eviction.  
 23.20     Subd. 3.  [REMEDIES.] A person at risk or the person's 
 23.21  parent or legal guardian subject to an eviction or retaliatory 
 23.22  action under this section is entitled to the relief as may be 
 23.23  provided by statute and any further relief deemed just and 
 23.24  equitable by the court and is eligible for reasonable attorney 
 23.25  fees and costs.  
 23.26     Sec. 12.  [144.9529] [EDUCATION PROGRAMS.] 
 23.27     Subdivision 1.  [DISTRIBUTION OF LITERATURE ABOUT CHILDHOOD 
 23.28  LEAD POISONING.] Within 120 days following the effective date of 
 23.29  sections 144.9521 to 144.9531, the commissioner, in consultation 
 23.30  with the lead poisoning prevention commission created under 
 23.31  section 14, shall develop culturally and linguistically 
 23.32  appropriate information pamphlets regarding childhood lead 
 23.33  poisoning, the importance of testing for elevated blood lead 
 23.34  levels, prevention of childhood lead poisoning, treatment of 
 23.35  childhood lead poisoning, and where appropriate, the 
 23.36  requirements of sections 144.9521 to 144.9531.  The information 
 24.1   pamphlets must be distributed to the parents or other legal 
 24.2   guardians of children six years of age or younger on the 
 24.3   following occasions: 
 24.4      (1) by the owner of any affected property or the owner's 
 24.5   agents or employees at the time of the initiation of a rental 
 24.6   agreement to a new tenant whose household includes a person at 
 24.7   risk or a woman of childbearing age.  The owner of the affected 
 24.8   property or the owner's agents or employees shall specify 
 24.9   whether the affected property has been inspected and whether it 
 24.10  complies with the standards for either lead-safe status or 
 24.11  lead-free status; 
 24.12     (2) by a health care provider at the time of a child's 
 24.13  birth and at the time of any childhood immunization or vaccine, 
 24.14  unless it is established that the information pamphlet has been 
 24.15  provided previously to the parent or legal guardian by the 
 24.16  health care provider within the prior 12 months; and 
 24.17     (3) by the owner or operator of any child care facility, 
 24.18  preschool, or kindergarten class on or before October 15. 
 24.19     Subd. 2.  [LEAD-SAFE HOUSING SEMINARS.] The commissioner, 
 24.20  within 120 days following the effective date of sections 
 24.21  144.9521 to 144.9531, shall establish guidelines and a trainer's 
 24.22  manual for a lead-safe housing awareness seminar with a total 
 24.23  class time of three hours or less.  Seminars shall be offered by 
 24.24  professional associations and community organizations with a 
 24.25  training capacity, existing accredited educational institutions, 
 24.26  and for-profit educational providers.  The commissioner shall 
 24.27  review and approve all seminar offerings on the criteria of 
 24.28  seminar content and qualifications of instructors. 
 24.29     Sec. 13.  [144.9531] [SCREENING PROGRAM.] 
 24.30     Subdivision 1.  [SCREENING OF CHILDREN.] The commissioner 
 24.31  shall establish a program for early identification of persons at 
 24.32  risk with elevated blood lead levels.  The program shall 
 24.33  systematically screen children under six years of age in the 
 24.34  target populations identified in subdivision 2 for the presence 
 24.35  of elevated blood lead levels.  Children within the specified 
 24.36  target populations shall be screened with a blood lead test at 
 25.1   ages 12 and 24 months or at ages 36 to 72 months if they have 
 25.2   not previously been screened.  The commissioner shall, after 
 25.3   consultation with recognized professional medical groups and 
 25.4   such other sources as the commissioner deems appropriate, adopt 
 25.5   rules establishing: 
 25.6      (1) the means by which and the intervals at which children 
 25.7   under six years of age shall be screened for lead poisoning and 
 25.8   elevated blood lead levels; and 
 25.9      (2) guidelines for the medical follow-up on children found 
 25.10  to have elevated blood lead levels.  
 25.11     Subd. 2.  [SCREENING PRIORITIES.] In developing screening 
 25.12  programs to identify persons at risk with elevated blood lead 
 25.13  levels, the commissioner shall give priority to persons within 
 25.14  the following categories:  
 25.15     (1) all children enrolled in Medicaid at ages 12 and 24 
 25.16  months or at ages 36 to 72 months if they have not previously 
 25.17  been screened; 
 25.18     (2) children under the age of six exhibiting delayed 
 25.19  cognitive development or other symptoms of childhood lead 
 25.20  poisoning; 
 25.21     (3) persons at risk residing in the same household, or 
 25.22  recently residing in the same household, as another person at 
 25.23  risk with a blood lead level of ten micrograms per deciliter or 
 25.24  greater; 
 25.25     (4) persons at risk residing, or who have recently resided, 
 25.26  in buildings or geographical areas where significant numbers of 
 25.27  cases of lead poisoning or elevated blood lead levels have 
 25.28  recently been reported; 
 25.29     (5) persons at risk residing, or who have recently resided, 
 25.30  in affected properties contained in buildings, which during the 
 25.31  preceding three years have been subject to enforcement actions 
 25.32  described in section 144,9526, subdivision 1, receivership 
 25.33  actions under section 144.9526, subdivision 3, or where 
 25.34  injunctive relief has been sought under section 144.9527; 
 25.35     (6) persons at risk residing, or who have recently resided, 
 25.36  in other affected properties with the same owner as another 
 26.1   building containing affected properties, which during the 
 26.2   preceding three years have been subject to enforcement actions 
 26.3   under section 144.9526, subdivision 1, or receivership actions 
 26.4   under section 144.9526, subdivision 3, or where injunctive 
 26.5   relief has been sought under section 144.9527; and 
 26.6      (7) persons at risk residing in other buildings or 
 26.7   geographical areas where the commissioner reasonably determines 
 26.8   there to be a significant risk of affected individuals having a 
 26.9   blood lead level of ten micrograms per deciliter or greater.  
 26.10     Subd. 3.  [COMMISSIONER TO MAINTAIN RECORDS OF SCREENINGS 
 26.11  AND INFORM DESIGNATED INDIVIDUALS.] (a) The commissioner shall 
 26.12  maintain comprehensive records of all screenings conducted under 
 26.13  this section.  The records shall be indexed geographically and 
 26.14  by owner to determine the location of areas of relatively high 
 26.15  incidence of lead poisoning and other elevated blood lead 
 26.16  levels.  The records, with the names of tested individuals 
 26.17  removed for privacy purposes, are public records.  
 26.18     (b) All cases or probable cases of lead poisoning, as 
 26.19  defined by rule, found in the course of screenings conducted 
 26.20  under this section shall be reported immediately to the affected 
 26.21  individual, to the person's parent or legal guardian if the 
 26.22  person is a minor, and to the commissioner.  
 26.23     Sec. 14.  [LEAD POISONING PREVENTION COMMISSION.] 
 26.24     Subdivision 1.  [LEAD POISONING PREVENTION COMMISSION.] (a) 
 26.25  The governor shall appoint a lead poisoning prevention 
 26.26  commission.  The commission shall: 
 26.27     (1) report to the governor, the president of the senate, 
 26.28  and the speaker of the house of representatives in writing by 
 26.29  October 1, 2004, recommending legislation providing effective 
 26.30  measures for additional incentives for all affected property 
 26.31  owners to bring their premises into compliance with the 
 26.32  lead-safe standards outlined in Minnesota Statutes, section 
 26.33  144.9522, subdivision 2, and additional means of enforcement and 
 26.34  penalties for those property owners who fail to achieve 
 26.35  compliance.  The incentives to be considered should include 
 26.36  state income or local property tax credits and revolving loan 
 27.1   funds; 
 27.2      (2) study and collect information on the effectiveness of 
 27.3   this act in fulfilling its legislative purposes as defined in 
 27.4   section 3; 
 27.5      (3) make policy recommendations, in addition to those 
 27.6   mandated by clause (1), regarding how best to achieve the 
 27.7   legislative purposes of this act as set forth in section 3; 
 27.8      (4) consult with the responsible departments of state 
 27.9   government on the implementation of this act; and 
 27.10     (5) write and submit a report by October 1, 2004, to the 
 27.11  governor, the president of the senate, and the speaker of the 
 27.12  house, on the results of implementing this act.  
 27.13     (b) The commission shall consist of nine members.  The 
 27.14  membership shall include: 
 27.15     (1) the commissioner of health; 
 27.16     (2) the commissioner of the housing finance agency; 
 27.17     (3) one member of the senate appointed by the president; 
 27.18     (4) one member of the house of representatives appointed by 
 27.19  the speaker; and 
 27.20     (5) five members appointed by the governor, including: 
 27.21     (i) a child advocate; 
 27.22     (ii) a health care provider; 
 27.23     (iii) a representative of local government; and 
 27.24     (iv) two owners of rental property in the state.  
 27.25     (c) The commission shall be chaired by the commissioner of 
 27.26  health. 
 27.27     (d) Members of the commission shall serve without 
 27.28  additional compensation.  The commission expires October 1, 2004.