HF 1447

as introduced - 93rd Legislature (2023 - 2024) Posted on 02/08/2023 10:24am

A bill for an act
relating to health; modifying renovation and lead hazard reduction provisions;
amending Minnesota Statutes 2022, sections 144.9501, subdivisions 17, 26a, 26b,
by adding subdivisions; 144.9505, subdivisions 1, 1g, 1h; 144.9508, subdivision
2; repealing Minnesota Statutes 2022, section 144.9505, subdivision 3.

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

Section 1.

Minnesota Statutes 2022, section 144.9501, subdivision 17, is amended to read:

Subd. 17.

Lead hazard reduction.

new text begin (a) new text end "Lead hazard reduction" means abatement new text begin , swab
team services, new text end or interim controls undertaken to make a residence, child care facility, school,
playground, or other location where lead hazards are identified lead-safe by complying with
the lead standards and methods adopted under section 144.9508.

new text begin (b) Lead hazard reduction does not include renovation activity that is primarily intended
to remodel, repair, or restore a given structure or dwelling rather than abate or control
lead-based paint hazards.
new text end

new text begin (c) Lead hazard reduction does not include activities that disturb painted surfaces that
total:
new text end

new text begin (1) less than 20 square feet (two square meters) on exterior surfaces; or
new text end

new text begin (2) less than two square feet (0.2 square meters) in an interior room.
new text end

Sec. 2.

Minnesota Statutes 2022, section 144.9501, subdivision 26a, is amended to read:

Subd. 26a.

Regulated lead work.

deleted text begin (a) deleted text end "Regulated lead work" means:

(1) abatement;

(2) interim controls;

(3) a clearance inspection;

(4) a lead hazard screen;

(5) a lead inspection;

(6) a lead risk assessment;

(7) lead project designer services;

(8) lead sampling technician services;

(9) swab team services;

(10) renovation activities; deleted text begin or
deleted text end

new text begin (11) lead hazard reduction; or
new text end

deleted text begin (11) deleted text end new text begin (12) new text end activities performed to comply with lead orders issued by deleted text begin a community health
board deleted text end new text begin an assessing agency new text end .

deleted text begin (b) Regulated lead work does not include abatement, interim controls, swab team services,
or renovation activities that disturb painted surfaces that total no more than:
deleted text end

deleted text begin (1) 20 square feet (two square meters) on exterior surfaces; or
deleted text end

deleted text begin (2) six square feet (0.6 square meters) in an interior room.
deleted text end

Sec. 3.

Minnesota Statutes 2022, section 144.9501, subdivision 26b, is amended to read:

Subd. 26b.

Renovation.

new text begin (a) new text end "Renovation" means the modification of any pre-1978
affected property new text begin for compensation new text end that results in the disturbance of known or presumed
lead-containing painted surfaces defined under section 144.9508, unless that activity is
performed as lead hazard reduction. A renovation performed for the purpose of converting
a building or part of a building into an affected property is a renovation under this
subdivision.

new text begin (b) Renovation does not include activities that disturb painted surfaces that total:
new text end

new text begin (1) less than 20 square feet (two square meters) on exterior surfaces; or
new text end

new text begin (2) less than six square feet (0.6 square meters) in an interior room.
new text end

Sec. 4.

Minnesota Statutes 2022, section 144.9501, is amended by adding a subdivision
to read:

new text begin Subd. 33. new text end

new text begin Compensation. new text end

new text begin "Compensation" means money or other mutually agreed upon
form of payment given or received for regulated lead work, including rental payments,
rental income, or salaries derived from rent payments.
new text end

Sec. 5.

Minnesota Statutes 2022, section 144.9501, is amended by adding a subdivision
to read:

new text begin Subd. 34. new text end

new text begin Individual. new text end

new text begin "Individual" means a natural person.
new text end

Sec. 6.

Minnesota Statutes 2022, section 144.9505, subdivision 1, is amended to read:

Subdivision 1.

Licensing, certification, and permitting.

(a) Fees collected under this
section shall be deposited into the state treasury and credited to the state government special
revenue fund.

(b) Persons shall not advertise or otherwise present themselves as lead supervisors, lead
workers, lead inspectors, lead risk assessors, lead sampling technicians, lead project designers,
renovation firms, or lead firms unless they have licenses or certificates issued by the
commissioner under this section.

(c) The fees required in this section for inspectors, risk assessors, and certified lead firms
are waived for state or local government employees performing services for or as an assessing
agency.

(d) deleted text begin An individual who is the owner of property on which regulated lead work is to be
performed or an adult individual who is related to the property owner, as defined under
section 245A.02, subdivision 13, is exempt from the requirements to obtain a license and
pay a fee according to this section. deleted text end new text begin Individual residential property owners who perform
regulated lead work on their own residence are exempt from the licensure and firm
certification requirements of this section. Notwithstanding the provisions of paragraphs (a)
to (c), this exemption does not apply when the regulated lead work is a renovation performed
for compensation, when a child with an elevated blood level has been identified in the
residence or the building in which the residence is located, or when the residence is occupied
by one or more individuals who are not related to the property owner, as defined under
section 245A.02, subdivision 13.
new text end

deleted text begin (e) A person that employs individuals to perform regulated lead work outside of the
person's property must obtain certification as a certified lead firm. An individual who
performs lead hazard reduction, lead hazard screens, lead inspections, lead risk assessments,
clearance inspections, lead project designer services, lead sampling technician services,
swab team services, and activities performed to comply with lead orders must be employed
by a certified lead firm, unless the individual is a sole proprietor and does not employ any
other individuals, the individual is employed by a person that does not perform regulated
lead work outside of the person's property, or the individual is employed by an assessing
agency.
deleted text end

Sec. 7.

Minnesota Statutes 2022, section 144.9505, subdivision 1g, is amended to read:

Subd. 1g.

Certified lead firm.

A person who new text begin performs or new text end employs individuals to perform
regulated lead work, with the exception of renovation, deleted text begin outside of the person's property deleted text end must
obtain certification as a lead firm. The certificate must be in writing, contain an expiration
date, be signed by the commissioner, and give the name and address of the person to whom
it is issued. A lead firm certificate is valid for one year. The certification fee is $100, is
nonrefundable, and must be submitted with each application. The lead firm certificate or a
copy of the certificate must be readily available at the worksite for review by the contracting
entity, the commissioner, and other public health officials charged with the health, safety,
and welfare of the state's citizens.

Sec. 8.

Minnesota Statutes 2022, section 144.9505, subdivision 1h, is amended to read:

Subd. 1h.

Certified renovation firm.

A person who new text begin performs or new text end employs individuals
to perform renovation deleted text begin activities outside of the person's property deleted text end new text begin for compensation new text end must
obtain certification as a renovation firm. The certificate must be in writing, contain an
expiration date, be signed by the commissioner, and give the name and address of the person
to whom it is issued. A renovation firm certificate is valid for two years. The certification
fee is $100, is nonrefundable, and must be submitted with each application. The renovation
firm certificate or a copy of the certificate must be readily available at the worksite for
review by the contracting entity, the commissioner, and other public health officials charged
with the health, safety, and welfare of the state's citizens.

Sec. 9.

Minnesota Statutes 2022, section 144.9508, subdivision 2, is amended to read:

Subd. 2.

Regulated lead work standards and methods.

(a) The commissioner shall
adopt rules establishing regulated lead work standards and methods in accordance with the
provisions of this section, for lead in paint, dust, drinking water, and soil in a manner that
protects public health and the environment for all residences, including residences also used
for a commercial purpose, child care facilities, playgrounds, and schools.

(b) In the rules required by this section, the commissioner shall require lead hazard
reduction of intact paint only if the commissioner finds that the intact paint is on a chewable
or lead-dust producing surface that is a known source of actual lead exposure to a specific
individual. The commissioner shall prohibit methods that disperse lead dust into the air that
could accumulate to a level that would exceed the lead dust standard specified under this
section. The commissioner shall work cooperatively with the commissioner of administration
to determine which lead hazard reduction methods adopted under this section may be used
for lead-safe practices including prohibited practices, preparation, disposal, and cleanup.
The commissioner shall work cooperatively with the commissioner of the Pollution Control
Agency to develop disposal procedures. In adopting rules under this section, the
commissioner shall require the best available technology for regulated lead work methods,
paint stabilization, and repainting.

(c) The commissioner of health shall adopt regulated lead work standards and methods
for lead in bare soil in a manner to protect public health and the environment. The
commissioner shall adopt a maximum standard of 100 parts of lead per million in bare soil.
The commissioner shall set a soil replacement standard not to exceed 25 parts of lead per
million. Soil lead hazard reduction methods shall focus on erosion control and covering of
bare soil.

(d) The commissioner shall adopt regulated lead work standards and methods for lead
in dust in a manner to protect the public health and environment. Dust standards shall use
a weight of lead per area measure and include dust on the floor, on the window sills, and
on window wells. Lead hazard reduction methods for dust shall focus on dust removal and
other practices which minimize the formation of lead dust from paint, soil, or other sources.

(e) The commissioner shall adopt lead hazard reduction standards and methods for lead
in drinking water both at the tap and public water supply system or private well in a manner
to protect the public health and the environment. The commissioner may adopt the rules
for controlling lead in drinking water as contained in Code of Federal Regulations, title 40,
part 141. Drinking water lead hazard reduction methods may include an educational approach
of minimizing lead exposure from lead in drinking water.

(f) The commissioner of the Pollution Control Agency shall adopt rules to ensure that
removal of exterior lead-based coatings from residences and steel structures by abrasive
blasting methods is conducted in a manner that protects health and the environment.

(g) All regulated lead work standards shall provide reasonable margins of safety that
are consistent with more than a summary review of scientific evidence and an emphasis on
overprotection rather than underprotection when the scientific evidence is ambiguous.

(h) No unit of local government shall have an ordinance or regulation governing regulated
lead work standards or methods for lead in paint, dust, drinking water, or soil that require
a different regulated lead work standard or method than the standards or methods established
under this section.

(i) Notwithstanding paragraph (h), the commissioner may approve the use by a unit of
local government of an innovative lead hazard reduction method which is consistent in
approach with methods established under this section.

(j) The commissioner shall adopt rules for issuing lead orders required under section
144.9504, rules for notification of abatement or interim control activities requirements, and
other rules necessary to implement sections 144.9501 to 144.9512.

(k) The commissioner shall adopt rules consistent with section 402(c)(3) of the Toxic
Substances Control Act new text begin and all regulations adopted thereunder new text end to ensure that renovation in
a pre-1978 affected property deleted text begin where a child or pregnant female resides deleted text end is conducted in a
manner that protects health and the environment. Notwithstanding sections 14.125 and
14.128, the authority to adopt these rules does not expire.

(l) The commissioner shall adopt rules consistent with sections 406(a) and 406(b) of the
Toxic Substances Control Act. Notwithstanding sections 14.125 and 14.128, the authority
to adopt these rules does not expire.

Sec. 10. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2022, section 144.9505, subdivision 3, new text end new text begin is repealed.
new text end

APPENDIX

Repealed Minnesota Statutes: 23-00389

144.9505 CREDENTIALING OF LEAD FIRMS AND PROFESSIONALS.

Subd. 3.

Licensed building contractor; information.

The commissioner shall provide health and safety information on lead abatement and lead hazard reduction to all residential building contractors licensed under section 326B.805. The information must include the lead-safe practices and any other materials describing ways to protect the health and safety of both employees and residents.