Minnesota Legislature
HF 1398
as introduced - 89th Legislature (2015 - 2016) Posted on 04/08/2015 07:59am
Bill Text Versions
| Engrossments | ||
|---|---|---|
| Introduction | Posted on 03/02/2015 |
Current Version - as introduced
1.11 1.12 1.13
1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 1.25 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17 2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 2.36 2.37 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23 3.24 3.25
3.26
3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17
4.18
4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26
4.27
4.28 4.29 4.30 4.31 4.32 4.33 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16
5.17
5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 6.1 6.2 6.3 6.4 6.5
6.6
6.7 6.8 6.9 6.10
6.11
6.12 6.13 6.14 6.15 6.16 6.17 6.18
A bill for an act
relating to health; amending the lead poisoning prevention act; amending
landlord requirements for renting residential property; creating the Dustin Luke
Shields Act; amending radon and lead disclosure requirements; providing a
property tax benefit for lead hazard reductions; providing a civil cause of action;
appropriating funds for lead and healthy homes grants; amending Minnesota
Statutes 2014, sections 144.9501, subdivision 2; 273.11, by adding a subdivision;
504B.001, subdivision 14; 504B.161, subdivision 1; 513.57; 513.61; proposing
coding for new law in Minnesota Statutes, chapter 144.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
Section 1.
Minnesota Statutes 2014, section 144.9501, subdivision 2, is amended to read:
Sec. 2.
new text begin
[144.9514] LEAD HOME HEALTH; DISCLOSURE AND REDUCTION.
new text end
new text begin Subdivision 1. new text end
new text begin Lead disclosure; real estate. new text end
new text begin
Before signing an agreement to sell
or transfer residential real property built prior to 1978, the seller shall test the home for
the presence of lead-based paint or lead hazards by conducting a lead risk assessment,
a lead hazard screen, or a lead inspection. The test shall be conducted by either a lead
inspector or a lead risk assessor who has been licensed by the commissioner pursuant to
section 144.9505. The seller shall disclose to a purchaser the results of all lead tests on
the dwelling known to the seller and shall provide a description to a purchaser of any
lead-based paint or lead hazard reductions performed to address the presence of lead.
new text end
new text begin Subd. 2. new text end
new text begin Lead disclosures; residential tenancy. new text end
new text begin
(a) The landlord of a residential
dwelling built before 1978 must test all residential units for the presence of lead-based
paint or lead hazards by conducting a risk assessment as defined by Code of Federal
Regulations, title 40, section 745.223. The test shall be conducted by a lead risk assessor
who has been licensed by the commissioner pursuant to section 144.9505. The landlord
shall complete testing every five years and disclose the results of the most recent lead
tests on the dwelling to current tenants and to any prospective tenants and shall provide
a description of any lead hazard reductions performed on the residence to address the
presence of lead to the residential tenant or any prospective tenant. Full risk assessment
reports created by the risk assessor should be available for public viewing. For the
purposes of this section, the terms "landlord," "residential tenant," and "residential
building" have the meanings given them in section 504B.001.
new text end
new text begin
(b) If lead-based paint or a lead hazard is found in a residential building, a landlord
must complete interim controls or lead abatement measures through a swab team service,
other licensed lead worker, or EPA-certified renovator to reduce the risk of lead exposure.
new text end
new text begin Subd. 3. new text end
new text begin Lead hazard reduction. new text end
new text begin
(a) A landlord must complete the form in
paragraph (b) and provide it to each prospective tenant. A landlord must provide an
updated form to a current tenant within 60 days of the completed testing or completed
interim controls or lead abatement measures.
new text end
new text begin
(b) The following is the statutory short form that must be used for compliance with
this section. The Department of Health shall provide an electronic copy of this statutory
short form on its Web site for use by residential landlords in Minnesota.
new text end
new text begin
MINNESOTA RESIDENTIAL LEAD-BASED PAINT DISCLOSURE FORM
new text end
new text begin
This notice is to inform prospective and current tenants of residential dwellings built
prior to 1978 that such property may present exposure to lead from lead-based paint
that may place young children at risk of developing lead poisoning. Lead poisoning
in young children may produce permanent neurological damage, including learning
disabilities, reduced intelligence quotient, behavioral problems, and impaired memory.
Lead poisoning also poses a particular risk to pregnant women. Lead from paint, paint
chips, and dust can pose health hazards if not managed properly.
new text end
new text begin
Lessor's Disclosure
new text end
new text begin
The lessor must initial each applicable line:
new text end
|
.
|
new text begin
This residence has had a paint inspection risk assessment on ........................................................ (date) in compliance with Minnesota Statutes, section 144.9514. new text end |
|
|
.
|
new text begin
There are known lead-based paint and/or lead-based paint hazards are present in the housing (explain). new text end |
|
|
.
|
||
|
.
|
||
|
.
|
||
|
.
|
new text begin
The following interim controls or lead abatement measures were done to reduce the risk of lead exposure (explain). new text end |
|
|
.
|
||
|
.
|
||
|
.
|
||
|
.
|
new text begin
There are NO known lead-based paint and/or lead-based paint hazards in the housing. new text end |
new text begin
Lessee's Acknowledgement
new text end
new text begin
The lessee must initial each applicable line:
new text end
|
.
|
new text begin
The lessee is aware that they have the right to request copies of all paint inspection risk assessments and documentation of completed interim controls or lead abatement measures that were done to reduce the risk of lead exposure. new text end |
new text begin
Certification of Accuracy
new text end
new text begin
The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
new text end
|
.
|
|
|
new text begin
Lessor Signature and Date new text end |
|
|
.
|
|
|
new text begin
Lessee Signature and Date new text end |
new text begin
(c) If a current or prospective tenant requests documentation then a landlord must
provide copies of the lead testing as required by subdivision 1, and if lead-based paint or a
lead hazard has been found, then documentation of the completed interim controls or lead
abatement measures completed by a swab team service, other licensed lead worker, or
EPA-certified renovator that were done to reduce the risk of lead exposure.
new text end
new text begin Subd. 4. new text end
new text begin Short title. new text end
new text begin
This section shall be known as the "Dustin Luke Shields Act."
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective January 1, 2016.
new text end
Sec. 3.
Minnesota Statutes 2014, section 273.11, is amended by adding a subdivision to
read:
new text begin Subd. 24. new text end
new text begin Lead hazard market property tax reduction. new text end
new text begin
(a) Owners of property
classified as class 1a, 1b, 1c, 2a, 4a, 4b, 4bb, or 4d under section 273.13 may apply for
a lead hazard property tax reduction, provided that the property is located in a city that
has authorized valuation reductions under this subdivision. A city that authorizes the
benefit of this property tax reduction under this subdivision must establish guidelines for
qualifying lead hazard reduction projects and must designate an agency within the city to
issue a clearance report completed by a licensed risk assessor for qualifying projects. For
purposes of this subdivision, "lead hazard reduction" has the meaning given in section
144.9501, subdivision 17.
new text end
new text begin
(b) The property owner must obtain a certificate from the agency stating (1) that the
project has been completed, and (2) the total cost incurred by the owner, which must be at
least $3,000. Only projects originating after July 1, 2015, and completed before July 1,
2020, qualify for a reduction under this subdivision. The property owner shall apply for
the valuation reduction to the assessor on a form prescribed by the assessor accompanied
by a copy of the certificate of completion from the agency.
new text end
new text begin
(c) A qualifying property is eligible for a one-year valuation reduction equal to the
actual cost incurred, up to a maximum of $10,000 per unit, in the case of class 4a or 4d
property, or $20,000 per parcel, in the case of other property types. If a property owner
applies to the assessor for the valuation reduction under this subdivision between January
1 and June 30 of any year, the reduction applies for taxes payable in the following year. If
a property owner applies to the assessor for the valuation reduction under this subdivision
between July 1 and December 31, the reduction applies for taxes payable in the second
following year. For purposes of subdivision 1a, any additional market value resulting from
the lead hazard removal must be considered an increase in value due to new construction.
new text end
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective beginning with taxes payable in 2017.
new text end
Sec. 4.
Minnesota Statutes 2014, section 504B.001, subdivision 14, is amended to read:
Subd. 14.
Violation.
"Violation" means:
(1) a violation of any state, county or city health, safety, housing, building, fire
prevention, or housing maintenance code applicable to the building;
(2) a violation of any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) deleted text begin ordeleted text end new text begin ,new text end (2), new text begin or (5) new text end or in section 504B.171, subdivision 1; or
(3) a violation of an oral or written agreement, lease, or contract for the rental of
a dwelling in a building.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2016.
new text end
Sec. 5.
Minnesota Statutes 2014, section 504B.161, subdivision 1, is amended to read:
Subdivision 1.
Requirements.
(a) In every lease or license of residential premises,
the landlord or licensor covenants:
(1) that the premises and all common areas are fit for the use intended by the parties;
(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible
conduct of the tenant or licensee or a person under the direction or control of the tenant or
licensee;
(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text begin and
deleted text end
(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licenseenew text begin ; and
new text end
new text begin (5) to complete lead testing, disclosure, and remediation in compliance with section
144.9514new text end .
(b) The parties to a lease or license of residential premises may not waive or modify
the covenants imposed by this section.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2016.
new text end
Sec. 6.
Minnesota Statutes 2014, section 513.57, is amended to read:
513.57 LIABILITY FOR ERROR, INACCURACY, OR OMISSION.
Subdivision 1.
No liability.
Unless the prospective buyer and seller agree to the
contrary in writing, a seller is not liable for any error, inaccuracy, or omission of any
information delivered under sections 513.52 to deleted text begin 513.60deleted text end new text begin 513.61new text end if the error, inaccuracy,
or omission was not within the personal knowledge of the seller, or was based entirely
on information provided by other persons as specified in section 513.56, subdivision 3,
and ordinary care was exercised in transmitting the information. It is not a violation of
sections 513.52 to deleted text begin 513.60deleted text end new text begin 513.61new text end if the seller fails to disclose information that could be
obtained only through inspection or observation of inaccessible portions of the real estate
or could be discovered only by a person with expertise in a science or trade beyond the
knowledge of the seller.
Subd. 2.
Liability.
A seller who fails to make a disclosure as required by sections
513.52 to deleted text begin 513.60deleted text end new text begin 513.61new text end and was aware of material facts pertaining to the real property is
liable to the prospective buyer. A person injured by a violation of this section may bring a
civil action and recover damages and receive other equitable relief as determined by the
court. An action under this subdivision must be commenced within two years after the
date on which the prospective buyer closed the purchase or transfer of the real property.
Subd. 3.
Other actions.
Nothing in sections 513.52 to deleted text begin 513.60deleted text end new text begin 513.61new text end precludes
liability for an action based on fraud, negligent misrepresentation, or other actions allowed
by law.
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2016.
new text end
Sec. 7.
Minnesota Statutes 2014, section 513.61, is amended to read:
513.61 RADONnew text begin AND LEADnew text end DISCLOSURE REQUIREMENTS.
A seller of residential real property must comply with the radon disclosure
requirements under section 144.496new text begin and the lead disclosure requirements under 144.9514new text end .
new text begin EFFECTIVE DATE. new text end
new text begin
This section is effective August 1, 2016.
new text end
Sec. 8. new text begin HEALTHY HOUSING GRANTS.
new text end
new text begin
$....... in fiscal year 2016 and $....... in fiscal year 2017 are appropriated from the
general fund for lead and healthy housing funding under Minnesota Statutes, sections
144.9501 to 144.9513. Of that amount, $25,000 in each year shall be for grants to
nonprofit organizations to purchase and maintain vacuums with high‐efficiency particulate
air (HEPA) filters for use in low- and moderate-income households where lead is present,
at low or no cost to tenants.
new text end