1.1                          A bill for an act 
  1.2             relating to health; recodifying and modifying 
  1.3             provisions relating to lead abatement law; amending 
  1.4             Minnesota Statutes 1994, sections 16B.61, subdivision 
  1.5             3; 116.87, subdivision 2; 144.99, subdivision 1; 
  1.6             268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and 
  1.7             by adding a subdivision; and 462A.05, subdivision 15c; 
  1.8             proposing coding for new law in Minnesota Statutes, 
  1.9             chapter 144; repealing Minnesota Statutes 1994, 
  1.10            sections 115C.082, subdivision 2; 144.871; 144.872; 
  1.11            144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 
  1.12            144.8781; 144.8782; and 144.879. 
  1.13  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.14                             ARTICLE 1 
  1.15                   LEAD HAZARD REDUCTION PROGRAM 
  1.16     Section 1.  Minnesota Statutes 1994, section 16B.61, 
  1.17  subdivision 3, is amended to read: 
  1.18     Subd. 3.  [SPECIAL REQUIREMENTS.] (a)  [SPACE FOR COMMUTER 
  1.19  VANS.] The code must require that any parking ramp or other 
  1.20  parking facility constructed in accordance with the code include 
  1.21  an appropriate number of spaces suitable for the parking of 
  1.22  motor vehicles having a capacity of seven to 16 persons and 
  1.23  which are principally used to provide prearranged commuter 
  1.24  transportation of employees to or from their place of employment 
  1.25  or to or from a transit stop authorized by a local transit 
  1.26  authority.  
  1.27     (b)  [SMOKE DETECTION DEVICES.] The code must require that 
  1.28  all dwellings, lodging houses, apartment houses, and hotels as 
  1.29  defined in section 299F.362 comply with the provisions of 
  2.1   section 299F.362.  
  2.2      (c)  [DOORS IN NURSING HOMES AND HOSPITALS.] The state 
  2.3   building code may not require that each door entering a sleeping 
  2.4   or patient's room from a corridor in a nursing home or hospital 
  2.5   with an approved complete standard automatic fire extinguishing 
  2.6   system be constructed or maintained as self-closing or 
  2.7   automatically closing.  
  2.8      (d)  [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 
  2.9   EXIT.] A licensed day care center serving fewer than 30 
  2.10  preschool age persons and which is located in a below ground 
  2.11  space in a church building is exempt from the state building 
  2.12  code requirement for a ground level exit when the center has 
  2.13  more than two stairways to the ground level and its exit.  
  2.14     (e)  [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 
  2.15  Until August 1, 1996, an organization providing child care in an 
  2.16  existing church building which is exempt from taxation under 
  2.17  section 272.02, subdivision 1, clause (5), shall have five years 
  2.18  from the date of initial licensure under chapter 245A to provide 
  2.19  interior vertical access, such as an elevator, to persons with 
  2.20  disabilities as required by the state building code.  To obtain 
  2.21  the extension, the organization providing child care must secure 
  2.22  a $2,500 performance bond with the commissioner of human 
  2.23  services to ensure that interior vertical access is achieved by 
  2.24  the agreed upon date. 
  2.25     (f)  [FAMILY AND GROUP FAMILY DAY CARE.] Until the 
  2.26  legislature enacts legislation specifying appropriate standards, 
  2.27  the definition of Group R-3 occupancies in the state building 
  2.28  code applies to family and group family day care homes licensed 
  2.29  by the department of human services under Minnesota Rules, 
  2.30  chapter 9502. 
  2.31     (g)  [MINED UNDERGROUND SPACE.] Nothing in the state 
  2.32  building codes shall prevent cities from adopting rules 
  2.33  governing the excavation, construction, reconstruction, 
  2.34  alteration, and repair of mined underground space pursuant to 
  2.35  sections 469.135 to 469.141, or of associated facilities in the 
  2.36  space once the space has been created, provided the intent of 
  3.1   the building code to establish reasonable safeguards for health, 
  3.2   safety, welfare, comfort, and security is maintained. 
  3.3      (h)  [ENCLOSED STAIRWAYS.] No provision of the code or any 
  3.4   appendix chapter of the code may require stairways of existing 
  3.5   multiple dwelling buildings of two stories or less to be 
  3.6   enclosed. 
  3.7      (i)  [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the 
  3.8   code or appendix chapter of the code may prohibit double 
  3.9   cylinder dead bolt locks in existing single-family homes, 
  3.10  townhouses, and first floor duplexes used exclusively as a 
  3.11  residential dwelling.  Any recommendation or promotion of double 
  3.12  cylinder dead bolt locks must include a warning about their 
  3.13  potential fire danger and procedures to minimize the danger. 
  3.14     (j)  [RELOCATED RESIDENTIAL BUILDINGS.] A residential 
  3.15  building relocated within or into a political subdivision of the 
  3.16  state need not comply with the state energy code or section 
  3.17  326.371 provided that, where available, an energy audit is 
  3.18  conducted on the relocated building. 
  3.19     (k)  [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must 
  3.20  require all residential buildings as defined in section 325F.82 
  3.21  to comply with the provisions of sections 325F.82 and 325F.83.  
  3.22     (l)  [EXIT SIGN ILLUMINATION.] For a new building on which 
  3.23  construction is begun on or after October 1, 1993, or an 
  3.24  existing building on which remodeling affecting 50 percent or 
  3.25  more of the enclosed space is begun on or after October 1, 1993, 
  3.26  the code must prohibit the use of internally illuminated exit 
  3.27  signs whose electrical consumption during nonemergency operation 
  3.28  exceeds 20 watts of resistive power.  All other requirements in 
  3.29  the code for exit signs must be complied with.  
  3.30     (m)  [RESIDENTIAL WORK.] By January 1, 1996, the 
  3.31  commissioner of administration shall develop building code 
  3.32  provisions in accordance with the directives and provisions 
  3.33  developed under section 144.874, subdivision 11a. 
  3.34     Sec. 2.  Minnesota Statutes 1994, section 116.87, 
  3.35  subdivision 2, is amended to read: 
  3.36     Subd. 2.  [RESIDENCE.] The term "residence" has the meaning 
  4.1   given in rules adopted under sections 144.871 144.9501 to 
  4.2   144.879 144.9509. 
  4.3      Sec. 3.  [144.9501] [DEFINITIONS.] 
  4.4      Subdivision 1.  [CITATION.] Sections 144.9501 to 144.9509 
  4.5   may be cited as the "childhood lead poisoning act." 
  4.6      Subd. 2.  [APPLICABILITY.] The definitions in this section 
  4.7   apply to sections 144.9501 to 144.9509.  
  4.8      Subd. 3.  [ABATEMENT.] (a) "Abatement" means any set of 
  4.9   measures designed to permanently eliminate lead-based paint 
  4.10  hazards, defined in United States Code, title 42, section 4851, 
  4.11  of the federal Housing and Community Development Act of 1992, 
  4.12  and that exceed the standards adopted under section 144.9508.  
  4.13  Abatement includes:  
  4.14     (1) the removal of lead-based paint and lead-contaminated 
  4.15  dust, the permanent containment or encapsulation of lead-based 
  4.16  paint, the replacement of lead-painted surfaces or fixtures, and 
  4.17  the removal or covering of lead-contaminated soil; and 
  4.18     (2) all preparation, cleanup, disposal, and postabatement 
  4.19  clearance testing activities associated with these measures.  
  4.20     (b) Abatement does not include:  
  4.21     (1) activities such as remodeling, renovation, 
  4.22  installation, rehabilitation, or landscaping activities whose 
  4.23  primary intent is to remodel, repair, or restore a given 
  4.24  structure or dwelling, rather than to permanently eliminate 
  4.25  lead-based paint hazards, even though these activities may 
  4.26  incidentally result in a reduction in lead-based paint hazards; 
  4.27  and 
  4.28     (2) interim controls for the temporary reduction of 
  4.29  exposure to lead hazards such as lead-specific cleaning, 
  4.30  repairs, maintenance, painting, and temporary containment.  
  4.31     Subd. 4.  [AREAS AT HIGH RISK FOR TOXIC LEAD EXPOSURE.] 
  4.32  "Areas at high risk for toxic lead exposure" means a census 
  4.33  tract which meets one or more of the following criteria:  
  4.34     (1) elevated blood lead levels have been diagnosed in a 
  4.35  population of children or pregnant females; 
  4.36     (2) many residential structures that are known to have or 
  5.1   suspected of having deteriorated lead-based paint; or 
  5.2      (3) median soil lead concentrations are greater than 100 
  5.3   parts per million for samples collected according to rules 
  5.4   adopted under section 144.9508.  
  5.5      Subd. 5.  [BARE SOIL.] "Bare soil" means any visible soil 
  5.6   that is at least an area of 36 contiguous square inches.  
  5.7      Subd. 6.  [BOARD OF HEALTH.] "Board of health" means an 
  5.8   administrative authority established under section 145A.03. 
  5.9      Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
  5.10  commissioner of the Minnesota department of health.  
  5.11     Subd. 8.  [DETERIORATED PAINT.] "Deteriorated paint" means 
  5.12  paint that is chipped, peeled, or otherwise separated from its 
  5.13  substrate or that is attached to damaged substrate.  
  5.14     Subd. 9.  [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead 
  5.15  level" means a diagnostic blood lead test with a result that is 
  5.16  equal to or greater than ten micrograms of lead per deciliter of 
  5.17  whole blood in any person, unless the commissioner finds that a 
  5.18  lower concentration is necessary to protect public health.  
  5.19     Subd. 10.  [ENCAPSULATION.] "Encapsulation" means covering 
  5.20  a surface coated with paint that exceeds the standards under 
  5.21  section 144.9508 with a liquid or solid material, approved by 
  5.22  the commissioner, that adheres to the surface, rather than 
  5.23  mechanically attaches to it; or covering bare soil that exceeds 
  5.24  the standards under section 144.9508 with a permeable material 
  5.25  such as vegetation, mulch, or soil that meets the standards 
  5.26  under section 144.9508.  
  5.27     Subd. 11.  [ENCLOSURE.] "Enclosure" means covering a 
  5.28  surface coated with paint that exceeds the standards under 
  5.29  section 144.9508 by mechanically fastening to the surface a 
  5.30  durable, solid material approved by the commissioner; or 
  5.31  covering bare soil that exceeds the standards under section 
  5.32  144.9508 with an impermeable material, such as asphalt or 
  5.33  concrete.  
  5.34     Subd. 12.  [INSPECTING AGENCY.] "Inspecting agency" means 
  5.35  the commissioner or a board of health.  
  5.36     Subd. 13.  [INTACT PAINT.] "Intact paint" means paint that 
  6.1   is not chipped, peeled, or otherwise separated from its 
  6.2   substrate or attached to damaged substrate.  Painted surfaces 
  6.3   which may generate dust but are not chipped, peeled, or 
  6.4   otherwise separated from their substrate or attached to damaged 
  6.5   substrate are considered to be intact paint. 
  6.6      Subd. 14.  [LEAD CONTRACTOR.] "Lead contractor" means any 
  6.7   person who is licensed by the commissioner under section 
  6.8   144.9505.  
  6.9      Subd. 15.  [LEAD HAZARD.] "Lead hazard" means a condition 
  6.10  that causes exposure to lead from dust, bare soil, drinking 
  6.11  water, or deteriorated paint that exceeds the standards adopted 
  6.12  under section 144.9508.  
  6.13     Subd. 16.  [LEAD HAZARD MANAGEMENT.] "Lead hazard 
  6.14  management" means a process by which a residence is made 
  6.15  lead-safe through the use of lead-safe directives provided for 
  6.16  under section 144.9503.  
  6.17     Subd. 17.  [LEAD HAZARD REDUCTION.] "Lead hazard reduction" 
  6.18  means action undertaken in response to a lead order to make a 
  6.19  residence, child care facility, school, or playground lead-safe 
  6.20  by complying with the lead standards and methods adopted under 
  6.21  section 144.9508, by: 
  6.22     (1) a property owner or lead contractor complying with a 
  6.23  lead order issued under section 144.9504; or 
  6.24     (2) a swab team service provided in response to a lead 
  6.25  order issued under section 144.9504.  
  6.26     Subd. 18.  [LEAD INSPECTION.] "Lead inspection" means a 
  6.27  qualitative or quantitative analytical inspection of a residence 
  6.28  for deteriorated paint or bare soil and the collection of 
  6.29  samples of deteriorated paint, bare soil, dust, or drinking 
  6.30  water for analysis to determine if the lead concentrations in 
  6.31  the samples exceed standards adopted under section 144.9508. 
  6.32  Lead inspection includes the clearance inspection after the 
  6.33  completion of a lead order.  
  6.34     Subd. 19.  [LEAD INSPECTOR.] "Lead inspector" means a 
  6.35  person who is licensed by the commissioner to perform a lead 
  6.36  inspection under section 144.9506.  
  7.1      Subd. 20.  [LEAD ORDER.] "Lead order" means a legal 
  7.2   instrument to compel a property owner to engage in lead hazard 
  7.3   reduction according to the specifications given by the 
  7.4   inspecting agency.  
  7.5      Subd. 21.  [LEAD-SAFE.] "Lead-safe" means a condition in 
  7.6   which lead may be present at the residence, child care facility, 
  7.7   school, or playground, if the lead concentration in the dust, 
  7.8   paint, soil, and water of a residence does not exceed the 
  7.9   standards adopted under section 144.9508, or, if the lead 
  7.10  concentrations in the paint or soil do exceed the standards, the 
  7.11  paint is intact and the soil is not bare.  
  7.12     Subd. 22.  [LEAD-SAFE DIRECTIVES.] "Lead-safe directives" 
  7.13  means methods for construction, renovation, remodeling, or 
  7.14  maintenance activities that are not regulated as abatement or 
  7.15  lead hazard reduction and that are performed so that they do not:
  7.16     (1) violate the standards under section 144.9508; 
  7.17     (2) create lead dust through the use of prohibited 
  7.18  practices; 
  7.19     (3) leave debris or a lead residue that can form a dust; 
  7.20     (4) provide a readily accessible source of lead dust, lead 
  7.21  paint, lead paint chips, or lead contaminated soil, after the 
  7.22  use of containment methods; and 
  7.23     (5) result in improper disposal of lead contaminated 
  7.24  debris, dust, or soil. 
  7.25     Subd. 23.  [LEAD WORKER.] "Lead worker" means any person 
  7.26  who is certified by the commissioner under section 144.9505.  
  7.27     Subd. 24.  [PERSON.] "Person" has the meaning given in 
  7.28  section 326.71, subdivision 8.  
  7.29     Subd. 25.  [PERSONS AT HIGH RISK FOR ELEVATED BLOOD LEAD 
  7.30  LEVEL.] "Persons at high risk for elevated blood lead level" 
  7.31  means:  
  7.32     (1) a child between six and 72 months of age:  
  7.33     (a) who lives in or visits, at least weekly, a residence, 
  7.34  child care facility, or school built before 1978 which has 
  7.35  peeling or chipping paint, ongoing remodeling or renovation, or 
  7.36  bare soil; or 
  8.1      (b) who has a sibling, housemate, or playmate who has been 
  8.2   diagnosed with an elevated blood lead level in the last 12 
  8.3   months; and 
  8.4      (2) a pregnant female or a child between six and 72 months 
  8.5   of age:  
  8.6      (a) who lives in a census tract found to have a median 
  8.7   foundation soil lead value exceeding 100 parts per million of 
  8.8   lead; 
  8.9      (b) who lives near an industrial point source that emits 
  8.10  lead; 
  8.11     (c) who lives near a road with an average daily traffic 
  8.12  which exceeded 5,000 vehicles per day in 1986 or earlier; or 
  8.13     (d) who lives with a person whose occupation or hobby 
  8.14  involves exposure to lead.  
  8.15     Subd. 26.  [PRIMARY PREVENTION.] "Primary prevention" means 
  8.16  preventing toxic lead exposure before blood levels become 
  8.17  elevated.  
  8.18     Subd. 27.  [SAFE HOUSING.] "Safe housing" means a residence 
  8.19  that is lead-safe.  
  8.20     Subd. 28.  [SECONDARY PREVENTION.] "Secondary prevention" 
  8.21  means intervention to mitigate health effects on people with 
  8.22  elevated blood lead levels.  
  8.23     Subd. 29.  [SWAB TEAM SERVICES.] "Swab team services" means 
  8.24  activities that provide protection from lead hazards such as:  
  8.25     (1) removing lead dust by washing, vacuuming with high 
  8.26  efficiency particle accumulator (HEPA) or wet vacuum cleaners, 
  8.27  and cleaning the interior of residential property; 
  8.28     (2) removing loose paint and paint chips and reporting or 
  8.29  installing guards to protect intact paint; 
  8.30     (3) covering or replacing bare soil that has a lead 
  8.31  concentration of 100 parts per million or more; 
  8.32     (4) health education; 
  8.33     (5) advice and assistance to help residents locate and move 
  8.34  to a temporary residence while lead hazard reduction is being 
  8.35  completed; or 
  8.36     (6) any other assistance necessary to meet the resident's 
  9.1   immediate needs as a result of the relocation.  
  9.2      Subd. 30.  [SWAB TEAM WORKER.] "Swab team worker" means a 
  9.3   person who is certified under section 144.9505.  
  9.4      Subd. 31.  [VENOUS BLOOD SAMPLE.] "Venous blood sample" 
  9.5   means a quantity of blood drawn from a vein.  
  9.6      Subd. 32.  [VOLUNTARY LEAD HAZARD REDUCTION.] "Voluntary 
  9.7   lead hazard reduction" means action undertaken by a property 
  9.8   owner with the intention to engage in lead hazard reduction or 
  9.9   abatement, but not in response to the issuance of a lead order.  
  9.10     Sec. 4.  [144.9502] [LEAD SURVEILLANCE AND THE OCCURRENCE 
  9.11  OF LEAD IN THE ENVIRONMENT.] 
  9.12     Subdivision 1.  [SURVEILLANCE.] The commissioner of health 
  9.13  shall establish a statewide lead surveillance system.  The 
  9.14  purpose of this system is to:  
  9.15     (a) monitor blood lead levels in children and adults to 
  9.16  identify trends and populations at high risk for elevated blood 
  9.17  lead levels; 
  9.18     (b) ensure that screening services are provided to 
  9.19  populations at high risk for elevated blood lead levels; 
  9.20     (c) ensure that medical and environmental follow-up 
  9.21  services for children with elevated blood lead levels are 
  9.22  provided; and 
  9.23     (d) provide accurate and complete data for planning and 
  9.24  implementing primary prevention programs that focus on the 
  9.25  populations at high risk for elevated blood lead levels.  
  9.26     Subd. 2.  [STUDIES AND SURVEYS.] The commissioner of health 
  9.27  shall collect blood lead level and exposure information, analyze 
  9.28  the information, and conduct studies designed to determine the 
  9.29  potential for high risk for elevated blood lead levels among 
  9.30  children and adults.  
  9.31     Subd. 3.  [REPORTS OF BLOOD LEAD ANALYSIS REQUIRED.] Every 
  9.32  hospital, medical clinic, medical laboratory, or other facility 
  9.33  performing blood lead analysis shall report the results after 
  9.34  the analysis of each specimen analyzed, for both capillary and 
  9.35  venous specimens, and epidemiologic information required in this 
  9.36  section to the commissioner of health, within the time frames 
 10.1   set forth in clauses (1) and (2):  
 10.2      (1) within two working days by telephone, fax, or 
 10.3   electronic transmission, with written or electronic confirmation 
 10.4   within one month, for a venous blood lead level equal to or 
 10.5   greater than 15 micrograms of lead per deciliter of whole blood; 
 10.6   or 
 10.7      (2) within one month in writing or by electronic 
 10.8   transmission, for a capillary or venous blood lead level less 
 10.9   than 15 micrograms of lead per deciliter of whole blood.  
 10.10     The commissioner shall coordinate with hospitals, medical 
 10.11  clinics, medical laboratories, and other facilities performing 
 10.12  blood lead analysis to develop a universal reporting form and 
 10.13  mechanism. 
 10.14     Subd. 4.  [BLOOD LEAD ANALYSES AND EPIDEMIOLOGIC 
 10.15  INFORMATION.] The blood lead analysis reports required in this 
 10.16  section must specify:  
 10.17     (1) whether the specimen was collected as a capillary or 
 10.18  venous sample; 
 10.19     (2) the date the sample was collected; 
 10.20     (3) the results of the blood lead analysis; 
 10.21     (4) the date the sample was analyzed; 
 10.22     (5) the method of analysis used; 
 10.23     (6) the full name, address, and phone number of the 
 10.24  laboratory performing the analysis; 
 10.25     (7) the full name, address, and phone number of the 
 10.26  physician or facility requesting the analysis; 
 10.27     (8) the full name, address, and phone number of the person 
 10.28  with the elevated blood lead level, and the person's birthdate, 
 10.29  gender, and race.  
 10.30     Subd. 5.  [FOLLOW-UP EPIDEMIOLOGIC INFORMATION.] The 
 10.31  follow-up epidemiologic information required in this section 
 10.32  must specify:  
 10.33     (1) the name, address, and phone number of the agency or 
 10.34  individual contacted to investigate the environment of the 
 10.35  person with the elevated blood lead level to determine the 
 10.36  sources of lead exposure; and 
 11.1      (2) the name, address, and phone number of all agencies or 
 11.2   individuals to whom the person or the person's guardian was 
 11.3   referred for education about the sources, effects, and 
 11.4   prevention of lead exposure.  
 11.5      Subd. 6.  [PAINT, SOIL, DUST, AND DRINKING WATER LEAD 
 11.6   ANALYSIS.] Every laboratory or other institution performing lead 
 11.7   analysis on paint, soil, dust, or drinking water shall report 
 11.8   the results to the commissioner of each specimen analysis and 
 11.9   epidemiologic information required in this section.  The paint, 
 11.10  soil, dust, and drinking water analysis report must specify:  
 11.11     (1) the date the sample was collected; 
 11.12     (2) the type of sample tested; 
 11.13     (3) the results of the lead sample analysis; 
 11.14     (4) the method of analysis used; 
 11.15     (5) the date the sample was analyzed; 
 11.16     (6) the full name, address, and phone number of the 
 11.17  laboratory performing the analysis; 
 11.18     (7) the full name, address, and phone number of the 
 11.19  individual or agency requesting the analysis; and 
 11.20     (8) the address of the property and the owner of the 
 11.21  property where the sample was collected.  
 11.22     Subd. 7.  [REPORTING WITHOUT LIABILITY.] The furnishing of 
 11.23  the information required under this section shall not subject 
 11.24  the person, laboratory, or other facility furnishing the 
 11.25  information to any action for damages or relief.  
 11.26     Subd. 8.  [LABORATORY STANDARDS.] (a) A laboratory 
 11.27  performing blood lead analysis shall use methods that: 
 11.28     (1) meet or exceed the proficiency standards established in 
 11.29  the federal Clinical Laboratory Improvement Regulations, Code of 
 11.30  Federal Regulations, title 42, section 493, promulgated in 
 11.31  accordance with the Clinical Laboratory Improvement Act 
 11.32  amendments of 1988, Public Law Number 100-578; or 
 11.33     (2) meet or exceed the Occupational Safety and Health 
 11.34  Standards for Lead in General Industries, Code of Federal 
 11.35  Regulations, section 1910.1025, and Occupational Safety and 
 11.36  Health Standards for Lead in Construction, Code of Federal 
 12.1   Regulations, section 1926.62.  
 12.2      (b) A laboratory performing lead analysis of paint, soil, 
 12.3   dust, or drinking water shall use methods that meet or exceed 
 12.4   the proficiency standards established in the National Lead 
 12.5   Accreditation Program pursuant to United States Code, title 42, 
 12.6   section 4851, of the federal Housing and Community Development 
 12.7   Act. 
 12.8      Subd. 9.  [CLASSIFICATION OF DATA.] Notwithstanding any law 
 12.9   to the contrary, including section 13.05, subdivision 9, data 
 12.10  collected by the commissioner of health about persons with 
 12.11  elevated blood lead levels, including analytic results from 
 12.12  samples of paint, soil, dust, and drinking water taken from the 
 12.13  individual's home and immediate property, shall be private and 
 12.14  may only be used by the commissioner of health and authorized 
 12.15  employees of local boards of health for the purposes set forth 
 12.16  in this section.  
 12.17     Sec. 5.  [144.9503] [PRIMARY PREVENTION.] 
 12.18     Subdivision 1.  [PRIMARY PREVENTION PROGRAM.] The 
 12.19  commissioner shall develop a primary prevention program to 
 12.20  reduce lead exposure in young children and pregnant women.  The 
 12.21  commissioner shall develop a priority list for high risk census 
 12.22  tracts, provide primary prevention lead education, promote 
 12.23  primary prevention swab team services in cooperation with the 
 12.24  commissioner of economic security, provide lead cleanup 
 12.25  equipment and material grants, monitor voluntary lead hazard 
 12.26  reduction or abatement, and develop lead-safe directives in 
 12.27  cooperation with the commissioner of administration. 
 12.28     Subd. 2.  [PRIORITIES FOR PRIMARY PREVENTION.] The 
 12.29  commissioner of health shall publish in the State Register a 
 12.30  priority list of census tracts at high risk for toxic lead 
 12.31  exposure.  All local governmental units and boards of health 
 12.32  shall follow the priorities published in the State Register.  In 
 12.33  establishing the list, the commissioner shall use the 
 12.34  surveillance data collected under section 144.9502 and other 
 12.35  information as appropriate or specified in this section and 
 12.36  shall award points to each census tract on which information is 
 13.1   available.  The priority for primary prevention in census tracts 
 13.2   at high risk for toxic lead exposure shall be based on the 
 13.3   cumulative points awarded to each census tract.  A greater 
 13.4   number of points means a higher priority.  If a tie occurs in 
 13.5   the number of points, priority shall be given to the census 
 13.6   tract with the higher percentage of population with blood lead 
 13.7   levels greater than ten micrograms of lead per deciliter of 
 13.8   whole blood.  The commissioner shall revise and update the 
 13.9   priority list at least every five years.  Points shall be 
 13.10  awarded as specified in paragraphs (a) to (c).  
 13.11     (a) In a census tract where at least 20 children have been 
 13.12  screened in the last five years, one point shall be awarded for 
 13.13  each ten percent of children who were under six years old at the 
 13.14  time they were screened for lead in blood and whose blood lead 
 13.15  level exceeds ten micrograms of lead per deciliter of whole 
 13.16  blood.  An additional point shall be awarded if one percent of 
 13.17  the children had blood lead levels greater than 20 micrograms of 
 13.18  lead per deciliter of blood.  Two points shall be awarded to a 
 13.19  census tract, where the blood lead screening has been 
 13.20  inadequate, that is contiguous with a census tract where more 
 13.21  than ten percent of the children under six years of age have 
 13.22  blood lead levels exceeding ten micrograms of lead per deciliter 
 13.23  of whole blood.  
 13.24     (b) One point shall be awarded for every five percent of 
 13.25  housing that is defined as dilapidated or deteriorated by the 
 13.26  planning department or similar agency of the city in which the 
 13.27  housing is located.  Where data is available by neighborhood or 
 13.28  section within a city, the percent of dilapidated or 
 13.29  deteriorated housing shall apply equally to each census tract 
 13.30  within the neighborhood or section.  
 13.31     (c) One point shall be awarded for every 100 parts per 
 13.32  million of lead soil, based on the median soil lead values of 
 13.33  foundation soil samples, calculated on 100 parts per million 
 13.34  intervals, or fraction thereof.  For the cities of St. Paul and 
 13.35  Minneapolis, the commissioner shall use the June 1988 census 
 13.36  tract version of the houseside map titled "Distribution of 
 14.1   Houseside Lead Content of Soil-Dust in the Twin Cities," 
 14.2   prepared by the Center for Urban and Regional Affairs, Humphrey 
 14.3   Institute, University of Minnesota, Publication 1989, Center for 
 14.4   Urban and Regional Affairs 89-4.  Where the map displays a 
 14.5   census tract that is crossed by two or more intervals, the 
 14.6   commissioner shall make a reasoned determination of the median 
 14.7   foundation soil lead value for that census tract.  Values for 
 14.8   census tracts may be updated by surveying the census tract 
 14.9   according to the procedures adopted under this section.  
 14.10     Subd. 3.  [PRIMARY PREVENTION LEAD EDUCATION STRATEGY.] The 
 14.11  commissioner of health shall develop a primary prevention lead 
 14.12  education strategy to prevent lead exposure.  The strategy shall 
 14.13  specify:  
 14.14     (1) the development of lead education materials that 
 14.15  describe the health effects of lead exposure, safety measures, 
 14.16  and methods to be used in the lead hazard reduction process; 
 14.17     (2) the provision of lead education materials to the 
 14.18  general public; 
 14.19     (3) the provision of lead education materials to property 
 14.20  owners, landlords, and tenants by swab team workers and public 
 14.21  health professionals, such as nurses, sanitarians, health 
 14.22  educators, other public health professionals in areas at high 
 14.23  risk for toxic lead exposure; and 
 14.24     (4) the promotion of awareness of community, legal, and 
 14.25  housing resources.  
 14.26     Subd. 4.  [SWAB TEAM SERVICES.] Primary prevention must 
 14.27  include the use of swab team services in census tracts 
 14.28  identified at high risk for toxic lead exposure as identified by 
 14.29  the commissioner under this section.  The swab team services may 
 14.30  be provided based on visual inspections whenever possible and 
 14.31  must at least include lead hazard management for deteriorated 
 14.32  interior lead-based paint, bare soil, and dust.  
 14.33     Subd. 5.  [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a) 
 14.34  Nonprofit community-based organizations in areas at high risk 
 14.35  for toxic lead exposure, as determined by the commissioner under 
 14.36  this section, may apply for grants from the commissioner to 
 15.1   purchase lead cleanup equipment and materials and to pay for 
 15.2   training for staff and volunteers for lead certification.  
 15.3      (b) For the purposes of this section, lead cleanup 
 15.4   equipment and materials means high efficiency particle 
 15.5   accumulator (HEPA) and wet vacuum cleaners, wash water filters, 
 15.6   mops, buckets, hoses, sponges, protective clothing, drop cloths, 
 15.7   wet scraping equipment, secure containers, dust and particle 
 15.8   containment material, and other cleanup and containment 
 15.9   materials to remove loose paint and plaster, patch plaster, 
 15.10  control household dust, wax floors, clean carpets and sidewalks, 
 15.11  and cover bare soil.  
 15.12     (c) The grantee's staff and volunteers may make lead 
 15.13  cleanup equipment and materials available to residents and 
 15.14  property owners and instruct them on the proper use of the 
 15.15  equipment.  Lead cleanup equipment and materials must be made 
 15.16  available to low-income households, as defined by federal 
 15.17  guidelines, on a priority basis at no fee, and other households 
 15.18  on a sliding fee scale.  
 15.19     (d) The grantee shall not charge a fee for services 
 15.20  performed using the equipment or materials.  
 15.21     Subd. 6.  [VOLUNTARY LEAD HAZARD REDUCTION.] The 
 15.22  commissioner shall monitor the lead hazard reduction methods 
 15.23  adopted under section 144.9508 in cases of voluntary lead hazard 
 15.24  reduction.  All contractors hired to do voluntary lead hazard 
 15.25  reduction must be licensed lead contractors.  If a property 
 15.26  owner does not use a lead contractor for voluntary lead hazard 
 15.27  reduction, the property owner shall provide the commissioner 
 15.28  with a plan for lead hazard reduction at least ten working days 
 15.29  before beginning the lead hazard reduction.  The plan must 
 15.30  include the details required in section 144.9505, and notice as 
 15.31  to when lead hazard reduction activities will begin.  No penalty 
 15.32  shall be assessed against a property owner for discontinuing 
 15.33  voluntary lead hazard reduction before completion of the plan, 
 15.34  provided that the property owner discontinues the plan in a 
 15.35  manner that leaves the property in a condition no more hazardous 
 15.36  than its condition before the plan implementation. 
 16.1      Subd. 7.  [LEAD-SAFE DIRECTIVES.] By July 1, 1995, and 
 16.2   amended and updated as necessary, the commissioner shall develop 
 16.3   in cooperation with the commissioner of administration 
 16.4   provisions and procedures to define lead-safe directives for 
 16.5   residential remodeling, renovation, installation, and 
 16.6   rehabilitation activities that are not lead hazard reduction, 
 16.7   but may disrupt lead-based paint surfaces.  The provisions and 
 16.8   procedures shall define lead-safe directives for nonlead hazard 
 16.9   reduction activities including preparation, cleanup, and 
 16.10  disposal procedures.  The directives shall be based on the 
 16.11  different levels and types of work involved and the potential 
 16.12  for lead hazards.  The directives shall address activities 
 16.13  including painting; remodeling; weatherization; installation of 
 16.14  cable, wire, plumbing, and gas; and replacement of doors and 
 16.15  windows.  The commissioners of health and administration shall 
 16.16  consult with representatives of builders, weatherization 
 16.17  providers, nonprofit rehabilitation organizations, each of the 
 16.18  affected trades, and housing and redevelopment authorities in 
 16.19  developing the directives and procedures.  This group shall also 
 16.20  make recommendations for consumer and contractor education and 
 16.21  training.  Directives developed under this subdivision are 
 16.22  exempt from chapter 14.  The commissioner of health shall report 
 16.23  to the legislature by February 15, 1996, regarding development 
 16.24  of the provisions required under this subdivision.  
 16.25     Subd. 8.  [CERTIFICATION FOR LEAD SAFE HOUSING.] The 
 16.26  commissioner shall propose to the legislature a program to 
 16.27  certify residences as lead safe by February 15, 1996. 
 16.28     Subd. 9.  [LANDLORD TENANT STUDY.] The commissioner of 
 16.29  health shall conduct or contract for a study of the legal 
 16.30  responsibilities of tenants and landlords in the prevention of 
 16.31  lead hazards, and shall report the findings to the legislature, 
 16.32  along with recommendations as to any changes needed to clarify 
 16.33  or modify current law by January 15, 1996.  In conducting the 
 16.34  study, the commissioner shall convene any public meetings 
 16.35  necessary to hear the testimony and recommendations of 
 16.36  interested parties, and shall invite and consider written public 
 17.1   comments. 
 17.2      Sec. 6.  [144.9504] [SECONDARY PREVENTION.] 
 17.3      Subdivision 1.  [JURISDICTION.] (a) A board of health 
 17.4   serving cities of the first class must conduct lead inspections 
 17.5   for purposes of secondary prevention, according to the 
 17.6   provisions of this section.  A board of health not serving 
 17.7   cities of the first class must conduct lead inspections for the 
 17.8   purposes of secondary prevention, unless they certify in writing 
 17.9   to the commissioner by January 1, 1996, that they desire to 
 17.10  relinquish these duties back to the commissioner.  At the 
 17.11  discretion of the commissioner, a board of health may, upon 
 17.12  written request to the commissioner, resume these duties. 
 17.13     (b) Inspections must be conducted by a board of health 
 17.14  serving a city of the first class.  The commissioner must 
 17.15  conduct lead inspections in any area not including cities of the 
 17.16  first class where a board of health has relinquished to the 
 17.17  commissioner the responsibility for lead inspections.  The 
 17.18  commissioner shall coordinate with the board of health to ensure 
 17.19  that the requirements of this section are met.  
 17.20     (c) The commissioner may assist boards of health by 
 17.21  providing technical expertise, equipment, and personnel to 
 17.22  boards of health.  The commissioner may provide laboratory or 
 17.23  field lead-testing equipment to a board of health or may 
 17.24  reimburse a board of health for direct costs associated with 
 17.25  lead inspections. 
 17.26     (d) The commissioner shall enforce the rules under section 
 17.27  144.9508 in cases of voluntary lead hazard reduction. 
 17.28     Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
 17.29  conduct a lead inspection of a residence according to the venous 
 17.30  blood lead level and time frame set forth in clauses (1) to (4) 
 17.31  for purposes of secondary prevention:  
 17.32     (1) within 48 hours of a child or pregnant female in the 
 17.33  residence being identified to the agency as having a venous 
 17.34  blood lead level equal to or greater than 70 micrograms of lead 
 17.35  per deciliter of whole blood; 
 17.36     (2) within five working days of a child or pregnant female 
 18.1   in the residence being identified to the agency as having a 
 18.2   venous blood lead level equal to or greater than 45 micrograms 
 18.3   of lead per deciliter of whole blood; 
 18.4      (3) within ten working days of a child or pregnant female 
 18.5   in the residence being identified to the agency as having a 
 18.6   venous blood lead level equal to or greater than 20 micrograms 
 18.7   of lead per deciliter of whole blood; or 
 18.8      (4) within ten working days of a child or pregnant female 
 18.9   in the residence being identified to the agency as having a 
 18.10  venous blood lead level that persists in the range of 15 to 19 
 18.11  micrograms of lead per deciliter of whole blood for 90 days 
 18.12  after initial identification.  
 18.13     (b) Within the limits of available state and federal 
 18.14  appropriations, an inspecting agency may also conduct a lead 
 18.15  inspection for children with any elevated blood lead level.  
 18.16     (c) In a building with two or more dwelling units, an 
 18.17  inspecting agency shall inspect the individual unit in which the 
 18.18  conditions of this section are met and shall also inspect all 
 18.19  common areas.  If a child visits one or more other sites such as 
 18.20  another residence, or a residential or commercial child care 
 18.21  facility, playground, or school, the inspecting agency shall 
 18.22  also inspect the other sites.  The inspecting agency shall have 
 18.23  one additional day added to the time frame set forth in this 
 18.24  subdivision to complete the lead inspection for each additional 
 18.25  site.  
 18.26     (d) The inspecting agency shall identify the known 
 18.27  addresses for the previous 12 months of the child or pregnant 
 18.28  female with elevated blood lead levels; notify the property 
 18.29  owners, landlords, and tenants at those addresses that an 
 18.30  elevated blood lead level was found in a person who resided at 
 18.31  the property; and give them a copy of the lead inspection guide. 
 18.32  This information shall be classified as private data on 
 18.33  individuals as defined under section 13.02, subdivision 12.  
 18.34     (e) The inspecting agency shall conduct the lead inspection 
 18.35  according to rules adopted by the commissioner under section 
 18.36  144.9508.  An inspecting agency shall have lead inspections 
 19.1   performed by lead inspectors licensed by the commissioner 
 19.2   according to rules adopted under section 144.9508.  If a 
 19.3   property owner refuses to allow an inspection, the inspecting 
 19.4   agency shall begin legal proceedings to gain entry to the 
 19.5   property and the timeframe for conducting a lead inspection set 
 19.6   forth in this subdivision no longer applies.  An inspector or 
 19.7   inspecting agency may observe the performance of lead hazard 
 19.8   reduction in progress and shall enforce the provisions of this 
 19.9   section under section 144.9509.  Deteriorated painted surfaces, 
 19.10  bare soil, dust, and drinking water must be tested with 
 19.11  appropriate analytical equipment to determine the lead content, 
 19.12  except that deteriorated painted surfaces or bare soil need not 
 19.13  be tested if the property owner agrees to engage in lead hazard 
 19.14  reduction on those surfaces.  
 19.15     (f) A lead inspector shall notify the commissioner and the 
 19.16  board of health of all violations of lead standards under 
 19.17  section 144.9508, that are identified in a lead inspection 
 19.18  conducted under this section.  
 19.19     (g) Each inspecting agency shall establish an 
 19.20  administrative appeal procedure which allows a property owner to 
 19.21  contest the nature and conditions of any lead order issued by 
 19.22  the inspecting agency.  Inspecting agencies must consider 
 19.23  appeals that propose lower cost methods that make the residence 
 19.24  lead safe. 
 19.25     (h) Sections 144.9501 to 144.9509 neither authorize nor 
 19.26  prohibit an inspecting agency from charging a property owner for 
 19.27  the cost of a lead inspection.  
 19.28     Subd. 3.  [LEAD EDUCATION STRATEGY.] At the time of a lead 
 19.29  inspection or following a lead order, the inspecting agency 
 19.30  shall ensure that a family will receive a visit at their 
 19.31  residence by a swab team worker or public health professional, 
 19.32  such as a nurse, sanitarian, public health educator, or other 
 19.33  public health professional.  The swab team worker or public 
 19.34  health professional shall inform the property owner, landlord, 
 19.35  and the tenant of the health-related aspects of lead exposure; 
 19.36  nutrition; safety measures to minimize exposure; methods to be 
 20.1   followed before, during, and after the lead hazard reduction 
 20.2   process; and community, legal, and housing resources.  If a 
 20.3   family moves to a temporary residence during the lead hazard 
 20.4   reduction process, lead education services should be provided at 
 20.5   the temporary residence whenever feasible.  
 20.6      Subd. 4.  [LEAD INSPECTION GUIDES.] (a) The commissioner of 
 20.7   health shall develop or purchase lead inspection guides that 
 20.8   enable parents and other caregivers to assess the possible lead 
 20.9   sources present and that suggest lead hazard reduction actions.  
 20.10  The guide must provide information on lead hazard reduction and 
 20.11  disposal methods, sources of equipment, and telephone numbers 
 20.12  for additional information to enable the persons to either 
 20.13  select a lead contractor or perform the lead hazard reduction.  
 20.14  The guides must explain:  
 20.15     (1) the requirements of this section and rules adopted 
 20.16  under section 144.9508; 
 20.17     (2) information on the administrative appeal procedures 
 20.18  required under this section; 
 20.19     (3) summary information on lead-safe directives; 
 20.20     (4) be understandable at an eighth grade reading level; and 
 20.21     (5) be translated for use by non-English-speaking persons.  
 20.22     (b) An inspecting agency shall provide the lead inspection 
 20.23  guides at no cost to:  
 20.24     (1) parents and other caregivers of children who are 
 20.25  identified as having blood lead levels of at least ten 
 20.26  micrograms of lead per deciliter of whole blood; 
 20.27     (2) all property owners who are issued housing code or lead 
 20.28  orders requiring lead hazard reduction of lead sources and all 
 20.29  occupants of those properties; and 
 20.30     (3) occupants of residences adjacent to the inspected 
 20.31  property.  
 20.32     (c) An inspecting agency shall provide the lead inspection 
 20.33  guides on request to owners or occupants of residential 
 20.34  property, builders, contractors, inspectors, and the public 
 20.35  within the jurisdiction of the inspecting agency.  
 20.36     Subd. 5.  [LEAD ORDERS.] An inspecting agency, after 
 21.1   conducting a lead inspection, shall order a property owner to 
 21.2   perform lead hazard reduction on all lead sources that exceed a 
 21.3   standard adopted according to section 144.9508.  If lead 
 21.4   inspections and lead orders are conducted at times when weather 
 21.5   or soil conditions do not permit the lead inspection or lead 
 21.6   hazard reduction, external surfaces and soil lead shall be 
 21.7   inspected, and lead orders complied with, if necessary, at the 
 21.8   first opportunity that weather and soil conditions allow.  If 
 21.9   the paint standard under section 144.9508 is violated, but the 
 21.10  paint is intact, the inspecting agency shall not order the paint 
 21.11  to be removed unless the intact paint is a known source of 
 21.12  actual lead exposure to a specific person.  Before the 
 21.13  inspecting agency may order the intact paint to be removed, a 
 21.14  reasonable effort must be made to protect the child and preserve 
 21.15  the intact paint by the use of guards or other protective 
 21.16  devices and methods.  Whenever windows and doors or other 
 21.17  components covered with deteriorated lead-based paint have sound 
 21.18  substrate or are not rotting, those components should be 
 21.19  repaired, sent out for stripping or be planed down to remove 
 21.20  deteriorated lead-based paint or covered with protective guards 
 21.21  instead of being replaced, provided that such an activity is the 
 21.22  least cost method.  Lead orders must require that any source of 
 21.23  damage, such as leaking roofs, plumbing, and windows, be 
 21.24  repaired or replaced, as needed, to prevent damage to 
 21.25  lead-containing interior surfaces.  The inspecting agency is not 
 21.26  required to pay for lead hazard reduction.  Lead orders must be 
 21.27  issued within 30 days of receiving the blood lead level 
 21.28  analysis.  The inspecting agency shall enforce the lead orders 
 21.29  issued to a property owner under this section.  A copy of the 
 21.30  lead order must be forwarded to the commissioner.  
 21.31     Subd. 6.  [SWAB TEAM SERVICES.] After a lead inspection or 
 21.32  after issuing lead orders, the inspecting agency, within the 
 21.33  limits of appropriations and availability, shall offer the 
 21.34  property owner the services of a swab team free of charge and, 
 21.35  if accepted, shall send a swab team within ten working days to 
 21.36  the residence to perform swab team services as defined in 
 22.1   section 144.9501.  If the inspecting agency provides swab team 
 22.2   services after a lead inspection, but before the issuance of a 
 22.3   lead order, swab team services do not need to be repeated after 
 22.4   the issuance of the lead order if the swab team services 
 22.5   fulfilled the lead order.  Swab team services are not considered 
 22.6   completed until the clearance inspection required under this 
 22.7   section shows that the property is lead safe. 
 22.8      Subd. 7.  [RELOCATION OF RESIDENTS.] (a) An inspecting 
 22.9   agency shall ensure that residents are relocated from rooms or 
 22.10  dwellings during a lead hazard reduction process that generates 
 22.11  leaded dust, such as removal or disruption of lead-based paint 
 22.12  or plaster that contains lead.  Residents shall not remain in 
 22.13  rooms or dwellings where the lead hazard reduction process is 
 22.14  occurring.  An inspecting agency is not required to pay for 
 22.15  relocation unless state or federal funding is available for this 
 22.16  purpose.  The inspecting agency shall make an effort to assist 
 22.17  the resident in locating resources that will provide assistance 
 22.18  with relocation costs.  Residents shall be allowed to return to 
 22.19  the residence or dwelling after completion of the lead hazard 
 22.20  reduction process.  An inspecting agency shall use grant funds 
 22.21  under section 144.9507 if available, in cooperation with local 
 22.22  housing agencies, to pay for moving costs and rent for a 
 22.23  temporary residence for any low-income resident temporarily 
 22.24  relocated during lead hazard reduction.  For purposes of this 
 22.25  section, "low-income resident" means any resident whose gross 
 22.26  household income is at or below 185 percent of federal poverty 
 22.27  level.  
 22.28     (b) A resident of rental property who is notified by an 
 22.29  inspecting agency to vacate the premises during lead hazard 
 22.30  reduction, notwithstanding any rental agreement or lease 
 22.31  provisions:  
 22.32     (1) shall not be required to pay rent due the landlord for 
 22.33  the period of time the tenant vacates the premises due to lead 
 22.34  hazard reduction; 
 22.35     (2) may elect to immediately terminate the tenancy 
 22.36  effective on the date the tenant vacates the premises due to 
 23.1   lead hazard reduction; and 
 23.2      (3) shall not, if the tenancy is terminated, be liable for 
 23.3   any further rent or other charges due under the terms of the 
 23.4   tenancy. 
 23.5      (c) A landlord of rental property whose tenants vacate the 
 23.6   premises during lead hazard reduction shall:  
 23.7      (1) allow a tenant to return to the dwelling unit after 
 23.8   lead hazard reduction and clearance inspection, required under 
 23.9   this section, is completed, unless the tenant has elected to 
 23.10  terminate the tenancy as provided for in paragraph (b); and 
 23.11     (2) return any security deposit due under section 504.20 
 23.12  within five days of the date the tenant vacates the unit, to any 
 23.13  tenant who terminates tenancy as provided for in paragraph (b).  
 23.14     Subd. 8.  [PROPERTY OWNER RESPONSIBILITY.] Property owners 
 23.15  shall comply with lead orders issued under this section within 
 23.16  60 days or be subject to enforcement actions as provided under 
 23.17  section 144.9509.  For orders or portions of orders concerning 
 23.18  external lead hazards, property owners shall comply within 60 
 23.19  days, or as soon thereafter as weather permits.  If the property 
 23.20  owner does not use a lead contractor for compliance with the 
 23.21  lead orders, the property owner shall submit a plan for approval 
 23.22  by the inspecting agency within 30 days after receiving the 
 23.23  orders.  The plan must include the details required in section 
 23.24  144.9505 as to how the property owner intends to comply with the 
 23.25  lead orders and notice as to when lead hazard reduction 
 23.26  activities will begin. 
 23.27     Subd. 9.  [CLEARANCE INSPECTION.] After completion of swab 
 23.28  team services and compliance with the lead orders by the 
 23.29  property owner, including any repairs ordered by a local housing 
 23.30  or building inspector, the inspecting agency shall conduct a 
 23.31  clearance inspection by visually inspecting the residence for 
 23.32  deteriorated paint and bare soil and retest the dust lead 
 23.33  concentration in the residence to assure that violations of the 
 23.34  lead standards under section 144.9508 no longer exist.  The 
 23.35  inspecting agency is not required to test a dwelling unit after 
 23.36  lead hazard reduction that was not ordered by the inspecting 
 24.1   agency.  
 24.2      Subd. 10.  [CASE CLOSURE.] A lead inspection is completed 
 24.3   and the responsibility of the inspecting agency ends when all of 
 24.4   the following conditions are met:  
 24.5      (1) lead orders are written on all known sources of 
 24.6   violations of lead standards under section 144.9508; 
 24.7      (2) compliance with all lead orders has been completed; and 
 24.8      (3) clearance inspections demonstrate that no deteriorated 
 24.9   lead paint, bare soil, or lead dust levels exist that exceed the 
 24.10  standards adopted under section 144.9508.  
 24.11     Subd. 11.  [LOCAL ORDINANCES.] No unit of local government 
 24.12  shall have an ordinance, regulation, or practice which requires 
 24.13  property owners to comply with any lead hazard reduction order 
 24.14  in a period of time shorter than the period established for 
 24.15  compliance with lead orders under this section. 
 24.16     Sec. 7.  [144.9505] [LICENSING OF LEAD CONTRACTORS AND 
 24.17  CERTIFICATION OF WORKERS.] 
 24.18     Subdivision 1.  [LICENSING AND CERTIFICATION.] (a) Lead 
 24.19  contractors shall, before performing abatement or lead hazard 
 24.20  reduction, obtain a license from the commissioner.  Workers for 
 24.21  lead contractors shall obtain certification from the 
 24.22  commissioner.  The commissioner shall specify training and 
 24.23  testing requirements for licensure and certification as required 
 24.24  in section 144.9508 and shall charge a fee for the cost of 
 24.25  issuing a license or certificate and for training provided by 
 24.26  the commissioner.  Fees collected under this section shall be 
 24.27  set in amounts to be determined by the commissioner to cover but 
 24.28  not exceed the costs of adopting rules under section 144.9508, 
 24.29  the costs of licensure, certification, and training, and the 
 24.30  costs of enforcing licenses and certificates under this 
 24.31  section.  All fees received shall be paid into the state 
 24.32  treasury and credited to the lead abatement licensing and 
 24.33  certification account and are appropriated to the commissioner 
 24.34  to cover costs incurred under this section and section 144.9508. 
 24.35     (b) Contractors shall not advertise or otherwise present 
 24.36  themselves as lead contractors unless they have lead contractor 
 25.1   licenses issued by the department of health. 
 25.2      Subd. 2.  [LEAD TRAINING.] Lead abatement and lead hazard 
 25.3   reduction training must include a hands-on component and 
 25.4   instruction on the health effects of lead exposure, the use of 
 25.5   personal protective equipment, workplace hazards and safety 
 25.6   problems, lead abatement and lead hazard reduction methods, 
 25.7   lead-safe directives, decontamination procedures, cleanup and 
 25.8   waste disposal procedures, lead monitoring and testing methods, 
 25.9   swab team services, and legal rights and responsibilities. 
 25.10     Subd. 3.  [LICENSED BUILDING CONTRACTOR; INFORMATION.] The 
 25.11  commissioner shall provide health and safety information on lead 
 25.12  abatement and lead hazard reduction to all residential building 
 25.13  contractors licensed under section 326.84.  The information must 
 25.14  include the lead-safe directives and any other materials 
 25.15  describing ways to protect the health and safety of both workers 
 25.16  and residents. 
 25.17     Subd. 4.  [NOTICE OF LEAD ABATEMENT OR LEAD HAZARD 
 25.18  REDUCTION WORK.] (a) At least five days before starting work at 
 25.19  each lead abatement or lead hazard reduction worksite, the 
 25.20  person performing the lead abatement or lead hazard reduction 
 25.21  work shall give written notice and an approved work plan as 
 25.22  required in this section to the commissioner and the appropriate 
 25.23  board of health. 
 25.24     (b) This provision does not apply to swab team workers 
 25.25  performing work under an order of an inspecting agency. 
 25.26     Subd. 5.  [ABATEMENT OR LEAD HAZARD REDUCTION PLANS.] (a) A 
 25.27  lead contractor shall present a lead abatement or lead hazard 
 25.28  reduction work plan to the property owner with each bid or 
 25.29  estimate for lead abatement or lead hazard reduction work.  The 
 25.30  plan does not replace or supersede more stringent contractual 
 25.31  agreements.  A written lead abatement or lead hazard reduction 
 25.32  plan must be prepared which describes the equipment and 
 25.33  procedures to be used throughout the lead abatement or lead 
 25.34  hazard reduction work project.  At a minimum, the plan must 
 25.35  describe: 
 25.36     (1) the building area and building components to be worked 
 26.1   on; 
 26.2      (2) the amount of lead-containing material to be removed, 
 26.3   encapsulated, or enclosed; 
 26.4      (3) the schedule to be followed for each work stage; 
 26.5      (4) the workers' personal protection equipment and 
 26.6   clothing; 
 26.7      (5) the dust suppression and debris containment methods; 
 26.8      (6) the lead abatement or lead hazard reduction methods to 
 26.9   be used on each building component; 
 26.10     (7) cleaning methods; 
 26.11     (8) temporary, on-site waste storage, if any; and 
 26.12     (9) the methods for transporting waste material and its 
 26.13  destination. 
 26.14     (b) A lead contractor shall itemize the costs for each item 
 26.15  listed in paragraph (a) and for any other expenses associated 
 26.16  with the lead abatement or lead hazard reduction work and shall 
 26.17  present these costs to the property owner with any bid or 
 26.18  estimate for lead abatement or lead hazard reduction work. 
 26.19     (c) A lead contractor shall keep a copy of the plan readily 
 26.20  available at the worksite for the duration of the project and 
 26.21  present it to the inspecting agency on demand. 
 26.22     (d) A lead contractor shall keep a copy of the plan on 
 26.23  record for one year after completion of the project and shall 
 26.24  present it to the inspecting agency on demand. 
 26.25     (e) This provision does not apply to swab team workers 
 26.26  performing work under an order of an inspecting agency or 
 26.27  providing services at no cost to a property owner with funding 
 26.28  under a state or federal grant. 
 26.29     Sec. 8.  [144.9506] [LICENSING OF LEAD INSPECTORS.] 
 26.30     Subdivision 1.  [LICENSE REQUIRED.] (a) A lead inspector 
 26.31  shall obtain a license before performing lead inspections and 
 26.32  shall renew it annually.  The commissioner shall charge a fee 
 26.33  and require annual training, as specified in this section.  A 
 26.34  lead inspector shall have the inspector's license readily 
 26.35  available at all times at an inspection site and make it 
 26.36  available, on request, for inspection by the inspecting agency 
 27.1   with jurisdiction over the site.  A license shall not be 
 27.2   transferred. 
 27.3      (b) Individuals shall not advertise or otherwise present 
 27.4   themselves as lead inspectors unless licensed by the 
 27.5   commissioner. 
 27.6      Subd. 2.  [LICENSE APPLICATION.] An application for a 
 27.7   license or license renewal shall be on a form provided by the 
 27.8   commissioner and shall include: 
 27.9      (1) a $50 nonrefundable fee, in a form approved by the 
 27.10  commissioner; and 
 27.11     (2) evidence that the applicant has successfully completed 
 27.12  a lead inspector training course approved under this section or 
 27.13  from another state with which the commissioner has established 
 27.14  reciprocity.  The fee required in this section is waived for 
 27.15  federal, state, or local government employees within Minnesota. 
 27.16     Subd. 3.  [LICENSE RENEWAL.] A license is valid for one 
 27.17  year from the issuance date unless the commissioner revokes or 
 27.18  suspends it, except that the initial license will be issued to 
 27.19  expire one year after the completion date on the approved 
 27.20  training course diploma.  An applicant shall successfully 
 27.21  complete either an approved annual refresher lead inspection 
 27.22  training course or a repeat of the approved initial lead 
 27.23  inspection training course in order to apply for license renewal.
 27.24     Subd. 4.  [LICENSE REPLACEMENT.] A licensed lead inspector 
 27.25  may obtain a replacement license by reapplying for a license.  A 
 27.26  replacement expires on the same date as the original license.  A 
 27.27  nonrefundable $25 fee is required with each replacement 
 27.28  application.  
 27.29     Subd. 5.  [APPROVAL OF LEAD INSPECTION COURSE.] A lead 
 27.30  inspection course sponsored by the United States Environmental 
 27.31  Protection Agency is an approved course for the purpose of this 
 27.32  section, providing it covers the criteria listed in section 
 27.33  144.9505.  The commissioner shall evaluate for approval by 
 27.34  permit lead inspector courses other than those approved by the 
 27.35  United States Environmental Protection Agency. 
 27.36     Sec. 9.  [144.9507] [LEAD-RELATED FUNDING.] 
 28.1      Subdivision 1.  [LEAD EDUCATION STRATEGY CONTRACTS.] The 
 28.2   commissioner shall, within available federal or state 
 28.3   appropriations, contract with: 
 28.4      (1) boards of health to provide funds for lead education as 
 28.5   provided for in sections 144.9503 and 144.9504; and 
 28.6      (2) swab team workers and community-based advocacy groups 
 28.7   to provide funds for lead education for primary prevention of 
 28.8   toxic lead exposure in areas at high risk for toxic lead 
 28.9   exposure. 
 28.10     Subd. 2.  [LEAD INSPECTION CONTRACTS.] The commissioner 
 28.11  shall, within available federal or state appropriations, 
 28.12  contract with boards of health to conduct lead inspections to 
 28.13  determine sources of lead contamination and to issue and enforce 
 28.14  lead orders according to section 144.9504.  
 28.15     Subd. 3.  [TEMPORARY LEAD-SAFE HOUSING CONTRACTS.] The 
 28.16  commissioner shall, within the limits of available 
 28.17  appropriations, contract with boards of health for temporary 
 28.18  housing, to be used in meeting relocation requirements in 
 28.19  section 144.9504, and award grants to boards of health for the 
 28.20  purposes of paying housing and relocation costs under section 
 28.21  144.9504.  
 28.22     Subd. 4.  [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] The 
 28.23  commissioner shall, within the limits of available state or 
 28.24  federal appropriations, provide funds for lead cleanup equipment 
 28.25  and materials under a grant program to nonprofit community-based 
 28.26  organizations in areas at high risk for toxic lead exposure, as 
 28.27  provided for in section 144.9503.  
 28.28     Subd. 5.  [FEDERAL LEAD-RELATED FUNDS.] To the extent 
 28.29  practicable under federal guidelines, the commissioner of health 
 28.30  shall coordinate with the commissioner of housing finance so 
 28.31  that at least 50 percent of federal lead funds are allocated for 
 28.32  swab team services.  
 28.33     To the extent practicable under federal guidelines, the 
 28.34  commissioner of health may also use federal funding to contract 
 28.35  with boards of health for purposes as specified in this section, 
 28.36  but only to the extent that the federal funds do not replace 
 29.1   existing funding for these lead services.  
 29.2      Sec. 10.  [144.9508] [RULES.] 
 29.3      Subdivision 1.  [SAMPLING AND ANALYSIS.] The commissioner 
 29.4   shall adopt, by rule, visual inspection and sampling and 
 29.5   analysis methods for:  
 29.6      (1) lead inspections under section 144.9504; 
 29.7      (2) environmental surveys of lead in paint, soil, dust, and 
 29.8   drinking water to determine census tracts that are areas at high 
 29.9   risk for toxic lead exposure; 
 29.10     (3) soil sampling for soil used as replacement soil; and 
 29.11     (4) drinking water sampling, which shall be done in 
 29.12  accordance with lab certification requirements and analytical 
 29.13  techniques specified by Code of Federal Regulations, title 40, 
 29.14  section 141.89.  
 29.15     Subd. 2.  [LEAD STANDARDS AND METHODS.] (a) The 
 29.16  commissioner shall adopt rules establishing lead hazard 
 29.17  reduction standards and methods in accordance with the 
 29.18  provisions of this section, for lead in paint, dust, drinking 
 29.19  water, and soil in a manner that protects public health and the 
 29.20  environment for all residences, including residences also used 
 29.21  for a commercial purpose, child care facilities, playgrounds, 
 29.22  and schools.  
 29.23     (b) In the rules required by this section, the commissioner 
 29.24  shall differentiate between intact paint and deteriorated 
 29.25  paint.  The commissioner shall require lead hazard reduction of 
 29.26  intact paint only if the commissioner finds that the intact 
 29.27  paint is on a chewable or lead-dust producing surface that is a 
 29.28  known source of actual lead exposure to a specific individual.  
 29.29  The commissioner shall prohibit methods that disperse lead dust 
 29.30  into the air that could accumulate to a level that would exceed 
 29.31  the lead dust standard specified under this section.  The 
 29.32  commissioner shall work cooperatively with the commissioner of 
 29.33  administration to determine which lead hazard reduction methods 
 29.34  adopted under this section may be used for lead-safe directives 
 29.35  including prohibited practices, preparation, disposal, and 
 29.36  cleanup.  The commissioner shall work cooperatively with the 
 30.1   commissioner of the pollution control agency to develop disposal 
 30.2   procedures.  In adopting rules under this section, the 
 30.3   commissioner shall require the best available technology for 
 30.4   lead hazard reduction methods, paint stabilization, and 
 30.5   repainting.  
 30.6      (c) The commissioner of health shall adopt lead hazard 
 30.7   reduction standards and methods for lead in bare soil in a 
 30.8   manner to protect public health and the environment.  The 
 30.9   commissioner shall adopt a maximum standard of 100 parts of lead 
 30.10  per million in bare soil.  The commissioner shall set a soil 
 30.11  replacement standard not to exceed 25 parts of lead per 
 30.12  million.  Soil lead hazard reduction methods shall focus on 
 30.13  erosion control and covering of bare soil.  
 30.14     (d) The commissioner shall adopt lead hazard reduction 
 30.15  standards and methods for lead in dust in a manner to protect 
 30.16  the public health and environment.  Dust standards shall use a 
 30.17  weight of lead per area measure and include dust on the floor, 
 30.18  on the window sills, and on window wells.  Lead hazard reduction 
 30.19  methods for dust shall focus on dust removal and other practices 
 30.20  which minimize the formation of lead dust from paint, soil, or 
 30.21  other sources.  
 30.22     (e) The commissioner shall adopt lead hazard reduction 
 30.23  standards and methods for lead in drinking water both at the tap 
 30.24  and public water supply system or private well in a manner to 
 30.25  protect the public health and the environment.  The commissioner 
 30.26  may adopt the rules for controlling lead in drinking water as 
 30.27  contained in Code of Federal Regulations, title 40, part 141.  
 30.28  Drinking water lead hazard reduction methods may include an 
 30.29  educational approach of minimizing lead exposure from lead in 
 30.30  drinking water.  
 30.31     (f) The commissioner of the pollution control agency shall 
 30.32  adopt rules to ensure that removal of exterior lead-based 
 30.33  coatings from residences and steel structures by abrasive 
 30.34  blasting methods is conducted in a manner that protects health 
 30.35  and the environment.  
 30.36     (g) All lead hazard reduction standards shall provide 
 31.1   reasonable margins of safety that are consistent with more than 
 31.2   a summary review of scientific evidence and an emphasis on 
 31.3   overprotection rather than underprotection when the scientific 
 31.4   evidence is ambiguous.  
 31.5      (h) No unit of local government shall have an ordinance or 
 31.6   regulation governing lead hazard reduction standards or methods 
 31.7   for lead in paint, dust, drinking water, or soil that require a 
 31.8   different lead hazard reduction standard or method than the 
 31.9   standards or methods established under this section.  
 31.10     (i) Notwithstanding paragraph (h), the commissioner may 
 31.11  approve the use by a unit of local government of an innovative 
 31.12  lead hazard reduction method which is consistent in approach 
 31.13  with methods established under this section. 
 31.14     Subd. 3.  [LEAD CONTRACTORS AND WORKERS.] The commissioner 
 31.15  shall adopt rules to license lead contractors and to certify 
 31.16  workers of lead contractors who perform lead abatement or lead 
 31.17  hazard reduction.  
 31.18     Subd. 4.  [LEAD TRAINING COURSE.] The commissioner shall 
 31.19  establish by rule a permit fee to be paid by a training course 
 31.20  provider on application for a training course permit or renewal 
 31.21  period for each lead-related training course required for 
 31.22  certification or licensure.  
 31.23     Subd. 5.  [VARIANCES.] In adopting the rules required under 
 31.24  this section, the commissioner shall provide variance procedures 
 31.25  for any provision in rules adopted under this section, except 
 31.26  for the numerical standards for the concentrations of lead in 
 31.27  paint, dust, bare soil, and drinking water.  
 31.28     Subd. 6.  [AUTHORITY OF COMMISSIONER.] The commissioner has 
 31.29  the authority to adopt rules in accordance with the provisions 
 31.30  of section 14.06, necessary to carry out all the provisions of 
 31.31  sections 144.9501 to 144.9509.  
 31.32     Subd. 7.  [PROGRAM DIRECTIVES.] In order to achieve 
 31.33  statewide consistency in the application of lead abatement 
 31.34  standards, the commissioner shall issue program directives that 
 31.35  interpret the application of rules under this section in 
 31.36  ambiguous or unusual lead abatement situations.  These program 
 32.1   directives are guidelines to local boards of health.  The 
 32.2   commissioner shall periodically review lead abatement orders and 
 32.3   the program directives to determine if the rules under this 
 32.4   section need to be amended to reflect new understanding of lead 
 32.5   abatement practices and methods.  
 32.6      Sec. 11.  [144.9509] [ENFORCEMENT.] 
 32.7      Subdivision 1.  [ENFORCEMENT.] When the commissioner 
 32.8   exercises authority for enforcement, the provisions of sections 
 32.9   144.9501 to 144.9509 shall be enforced under the provisions of 
 32.10  sections 144.989 to 144.993.  The commissioner shall develop a 
 32.11  model ordinance for boards of health to adopt to enforce section 
 32.12  144.9504.  Boards of health shall enforce a lead order issued 
 32.13  under section 144.9504 under a local ordinance or as a public 
 32.14  health nuisance under chapter 145A. 
 32.15     Subd. 2.  [DISCRIMINATION.] A person who discriminates 
 32.16  against or otherwise sanctions an employee who complains to or 
 32.17  cooperates with the inspecting agency in administering sections 
 32.18  144.9501 to 144.9509 is guilty of a petty misdemeanor.  
 32.19     Subd. 3.  [ENFORCEMENT AND STATUS REPORT.] The commissioner 
 32.20  shall examine compliance with Minnesota's existing lead 
 32.21  standards and rules and report to the legislature biennially, 
 32.22  beginning February 15, 1997, including an evaluation of current 
 32.23  lead program activities by the state and boards of health, the 
 32.24  need for any additional enforcement procedures, recommendations 
 32.25  on developing a method to enforce compliance with lead 
 32.26  standards, and cost estimates for any proposed enforcement 
 32.27  procedure.  The report shall also include a geographic analysis 
 32.28  of all blood lead assays showing incidence data and 
 32.29  environmental analyses reported or collected by the commissioner.
 32.30     Sec. 12.  Minnesota Statutes 1994, section 144.99, 
 32.31  subdivision 1, is amended to read: 
 32.32     Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
 32.33  chapters 103I and 157 and sections 115.71 to 115.82; 144.12, 
 32.34  subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), 
 32.35  (14), and (15); 144.121; 144.35; 144.381 to 144.385; 144.411 to 
 32.36  144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 to 144.878 
 33.1   144.9501 to 144.9509; 144.992; 326.37 to 326.45; 326.57 to 
 33.2   326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, 
 33.3   orders, stipulation agreements, settlements, compliance 
 33.4   agreements, licenses, registrations, certificates, and permits 
 33.5   adopted or issued by the department or under any other law now 
 33.6   in force or later enacted for the preservation of public health 
 33.7   may, in addition to provisions in other statutes, be enforced 
 33.8   under this section. 
 33.9      Sec. 13.  [REPEALER.] 
 33.10     Minnesota Statutes 1994, sections 144.871; 144.872; 
 33.11  144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 
 33.12  144.8782; and 144.879, are repealed. 
 33.13                             ARTICLE 2 
 33.14                     SWAB TEAM SERVICES PROGRAM 
 33.15     Section 1.  Minnesota Statutes 1994, section 268.92, 
 33.16  subdivision 1, is amended to read: 
 33.17     Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
 33.18  section, the following terms have the meanings given them. 
 33.19     (a) "Certified trainer" means a lead trainer certified by 
 33.20  the commissioner of health under section 144.878, subdivision 5. 
 33.21     (b) "Certified worker" means a lead abatement worker 
 33.22  certified by the commissioner of health under section 144.878, 
 33.23  subdivision 5. 
 33.24     (c) "Commissioner" means the commissioner of economic 
 33.25  security words defined in section 144.9501 have the meanings 
 33.26  given. 
 33.27     (d) (b) For purposes of this section, "eligible 
 33.28  organization" means a licensed lead contractor, certified 
 33.29  trainer, city, board of health, community health department, 
 33.30  community action agency as defined in section 268.52, or 
 33.31  community development corporation. 
 33.32     (c) For purposes of this section, "commissioner" means the 
 33.33  commissioner of economic security. 
 33.34     (e) "High risk for toxic lead exposure" has the meaning 
 33.35  given in section 144.871, subdivision 7a. 
 33.36     (f) "Licensed contractor" means a contractor licensed by 
 34.1   the department of health under section 144.876. 
 34.2      (g) "Removal and replacement abatement" means lead 
 34.3   abatement on residential property that requires retrofitting and 
 34.4   conforms to the rules established under section 144.878. 
 34.5      (h) "Swab team" has the meaning given in section 144.871, 
 34.6   subdivision 9. 
 34.7      Sec. 2.  Minnesota Statutes 1994, section 268.92, 
 34.8   subdivision 2, is amended to read: 
 34.9      Subd. 2.  [GRANTS; ADMINISTRATION.] Within the limits of 
 34.10  the available appropriation, the commissioner shall develop a 
 34.11  swab team services program which may make demonstration and 
 34.12  training grants to eligible organizations for programs to train 
 34.13  workers for to provide swab teams team services and removal 
 34.14  and replacement abatement, and to provide swab team services and 
 34.15  removal and replacement abatement swab team services for 
 34.16  residential property.  Grants may be awarded to nonprofit 
 34.17  organizations to provide technical assistance and training to 
 34.18  ensure quality and consistency within the statewide program.  
 34.19  Grants shall be awarded to help ensure full-time employment to 
 34.20  workers providing swab team services and shall be awarded for a 
 34.21  two-year period. 
 34.22     Grants awarded under this section must be made in 
 34.23  consultation with the commissioners of the department of health 
 34.24  and the housing finance agency, and representatives of 
 34.25  neighborhood groups from areas at high risk for toxic lead 
 34.26  exposure, a labor organization, the lead coalition, community 
 34.27  action agencies, and the legal aid society.  The consulting team 
 34.28  shall review grant applications and recommend awards to eligible 
 34.29  organizations that meet requirements for receiving a grant under 
 34.30  this section. 
 34.31     Sec. 3.  Minnesota Statutes 1994, section 268.92, 
 34.32  subdivision 3, is amended to read: 
 34.33     Subd. 3.  [APPLICANTS.] (a) Interested eligible 
 34.34  organizations may apply to the commissioner for grants under 
 34.35  this section.  Two or more eligible organizations may jointly 
 34.36  apply for a grant.  Priority shall be given to community action 
 35.1   agencies in greater Minnesota and to either community action 
 35.2   agencies or neighborhood based nonprofit organizations in cities 
 35.3   of the first class.  3.75 percent of the total allocation may be 
 35.4   used for administrative costs.  Of the total annual 
 35.5   appropriation, 12.5 percent may be used for administrative 
 35.6   purposes.  The commissioner may deviate from this percentage if 
 35.7   a grantee can justify the need for a larger administrative 
 35.8   allowance.  Of this amount, up to five percent may be used by 
 35.9   the commissioner for state administrative purposes.  
 35.10  Applications must provide information requested by the 
 35.11  commissioner, including at least the information required to 
 35.12  assess the factors listed in paragraph (d).  
 35.13     (b) The commissioner of economic security shall coordinate 
 35.14  with the commissioner of health and local who shall consult with 
 35.15  boards of health to provide swab team services for purposes of 
 35.16  secondary prevention.  The priority for swab teams created by 
 35.17  grants to eligible organizations under this section shall be 
 35.18  work assigned by the commissioner of health, or by a board of 
 35.19  health if so designated by the commissioner of health, to 
 35.20  provide secondary prevention swab team services to fulfill the 
 35.21  requirements of section 144.9504, subdivision 6, in response to 
 35.22  a lead order.  Swab teams, administered assigned work under this 
 35.23  section by the commissioner of economic security, that are not 
 35.24  engaged daily in fulfilling the requirements of section 144.872, 
 35.25  subdivision 5 144.9504, subdivision 6, must deliver swab team 
 35.26  services in response to elevated blood lead levels as defined in 
 35.27  section 144.9501, subdivision 9, where lead orders were not 
 35.28  issued, and for purposes of primary prevention in census tracts 
 35.29  known to be in areas at high risk for toxic lead exposure as 
 35.30  described in section 144.9503, subdivision 2. 
 35.31     (c) Any additional money shall be used for grants shall be 
 35.32  made to establish swab teams for primary prevention, without 
 35.33  environmental lead testing under section 144.9503, in census 
 35.34  tracts in areas at high risk for toxic lead exposure as 
 35.35  determined under section 144.9503, subdivision 2.  
 35.36     (d) In evaluating grant applications, the commissioner 
 36.1   shall consider the following criteria: 
 36.2      (1) the use of licensed lead contractors and certified lead 
 36.3   abatement workers for residential lead abatement swab team 
 36.4   services; 
 36.5      (2) the participation of neighborhood groups and 
 36.6   individuals, as swab team members workers, in areas at high risk 
 36.7   for toxic lead exposure; 
 36.8      (3) plans for the provision of swab team services for 
 36.9   primary and secondary prevention through swab team services in 
 36.10  areas at high risk for toxic lead exposure on a census tract 
 36.11  basis without environmental lead testing as required under 
 36.12  subdivision 4; 
 36.13     (4) plans for supervision, training, career development, 
 36.14  and postprogram placement of swab team members; 
 36.15     (5) plans for resident and property owner education on lead 
 36.16  safety; 
 36.17     (6) plans for distributing cleaning supplies to area 
 36.18  residents and educating residents and property owners on 
 36.19  cleaning techniques; 
 36.20     (7) sources of other funding and cost estimates for 
 36.21  training, lead inspections, swab team services, equipment, 
 36.22  monitoring, testing, and administration; 
 36.23     (8) measures of program effectiveness; and 
 36.24     (9) coordination of program activities with other federal, 
 36.25  state, and local public health, job training, apprenticeship, 
 36.26  and housing renovation programs including the emergency jobs 
 36.27  program under sections 268.672 to 268.881.; and 
 36.28     (10) prior experience in providing swab team services. 
 36.29     Sec. 4.  Minnesota Statutes 1994, section 268.92, 
 36.30  subdivision 4, is amended to read: 
 36.31     Subd. 4.  [LEAD ABATEMENT CONTRACTORS.] (a) Eligible 
 36.32  organizations and licensed lead abatement contractors may 
 36.33  participate in the lead abatement swab team program.  An 
 36.34  eligible organization receiving a grant under this section must 
 36.35  assure that all participating lead contractors are licensed and 
 36.36  that all swab team, and removal and replacement 
 37.1   employees workers are certified by the department of health 
 37.2   under section 144.878, subdivision 5 144.9505.  Eligible 
 37.3   organizations and licensed lead contractors may distinguish 
 37.4   between interior and exterior services in assigning duties and 
 37.5   may participate in the program by: 
 37.6      (1) providing on-the-job training for swab teams team 
 37.7   workers; 
 37.8      (2) providing swab team services to meet the requirements 
 37.9   of section 144.872 sections 144.9503, subdivision 4, and 
 37.10  144.9504, subdivision 6; 
 37.11     (3) providing a removal and replacement abatement component 
 37.12  using skilled craft workers under subdivision 7; 
 37.13     (4) providing primary prevention, without environmental 
 37.14  lead testing, in census tracts at high risk for toxic lead 
 37.15  exposure according to subdivision 7a; 
 37.16     (5) providing lead dust cleaning supplies, as described in 
 37.17  section 144.872, subdivision 4 144.9503, subdivision 5, 
 37.18  paragraph (b), to residents; or 
 37.19     (6) instructing having a swab team worker instruct 
 37.20  residents and property owners on appropriate lead control 
 37.21  techniques, including the lead-safe directives developed by the 
 37.22  commissioner of health.  
 37.23     (b) Participating licensed lead contractors must: 
 37.24     (1) demonstrate proof of workers' compensation and general 
 37.25  liability insurance coverage; 
 37.26     (2) be knowledgeable about lead abatement requirements 
 37.27  established by the Department of Housing and Urban Development 
 37.28  and the Occupational Safety and Health Administration and lead 
 37.29  hazard reduction requirements and lead-safe directives of the 
 37.30  commissioner of health; 
 37.31     (3) demonstrate experience with on-the-job training 
 37.32  programs; 
 37.33     (4) demonstrate an ability to recruit employees from areas 
 37.34  at high risk for toxic lead exposure; and 
 37.35     (5) demonstrate experience in working with low-income 
 37.36  clients. 
 38.1      Sec. 5.  Minnesota Statutes 1994, section 268.92, 
 38.2   subdivision 5, is amended to read: 
 38.3      Subd. 5.  [LEAD ABATEMENT EMPLOYEES SWAB TEAM WORKERS.] 
 38.4   Each worker engaged in swab team services or removal and 
 38.5   replacement abatement in programs established under this section 
 38.6   must have blood lead concentrations below 15 micrograms of lead 
 38.7   per deciliter of whole blood as determined by a baseline blood 
 38.8   lead screening.  Any organization receiving a grant under this 
 38.9   section is responsible for lead screening and must assure that 
 38.10  all swab team workers in lead abatement programs, receiving 
 38.11  grant funds under this section, meet the standards established 
 38.12  in this subdivision.  Grantees must use appropriate workplace 
 38.13  procedures including following the lead-safe directives 
 38.14  developed by the commissioner of health to reduce risk of 
 38.15  elevated blood lead levels.  Grantees and participating 
 38.16  contractors must report all employee blood lead levels that 
 38.17  exceed 15 micrograms of lead per deciliter of whole blood to the 
 38.18  commissioner of health.  
 38.19     Sec. 6.  Minnesota Statutes 1994, section 268.92, 
 38.20  subdivision 6, is amended to read: 
 38.21     Subd. 6.  [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 
 38.22  established under this section must provide on-the-job training 
 38.23  for swab teams team workers.  Training methods must follow 
 38.24  procedures established under section 144.878, subdivision 5 
 38.25  144.9506.  
 38.26     (b) Swab team members workers must receive monetary 
 38.27  compensation equal to the prevailing wage as defined in section 
 38.28  177.42, subdivision 6, for comparable jobs in the licensed 
 38.29  contractor's principal business. 
 38.30     Sec. 7.  Minnesota Statutes 1994, section 268.92, 
 38.31  subdivision 7, is amended to read: 
 38.32     Subd. 7.  [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within 
 38.33  the limits of the available appropriation and if a need is 
 38.34  identified by a lead inspector, programs may be established if a 
 38.35  need is identified the commissioner may establish a component 
 38.36  for removal and replacement abatement of deteriorated paint in 
 39.1   residential properties. according to the following criteria: 
 39.2      (1) components within a residence must have both 
 39.3   deteriorated lead-based paint and substrate damage beyond repair 
 39.4   or rotting wooden framework to be eligible for removal and 
 39.5   replacement; 
 39.6      (2) all removal and replacement abatement must be done 
 39.7   using least-cost methods that meet the standards of section 
 39.8   144.878, subdivision 2. and following lead-safe directives; 
 39.9      (3) whenever windows and doors or other components covered 
 39.10  with deteriorated lead-based paint have sound substrate or are 
 39.11  not rotting, those components should be repaired, sent out for 
 39.12  stripping or be planed down to remove deteriorated lead-based 
 39.13  paint or covered with protective guards instead of being 
 39.14  replaced, provided that such an activity is the least cost 
 39.15  method of providing the swab team service; 
 39.16     (4) removal and replacement abatement or repair must be 
 39.17  done by licensed lead abatement contractors. using skilled craft 
 39.18  workers or trained swab team members; and 
 39.19     (5) all craft work that requires a state license must be 
 39.20  supervised by a person with a state license in the craft work 
 39.21  being supervised.  The grant recipient may contract for this 
 39.22  supervision. 
 39.23     (b) The program design must: 
 39.24     (1) identify the need for trained on the job training of 
 39.25  swab team workers and to be removal and replacement abatement 
 39.26  workers and; 
 39.27     (2) describe plans to involve appropriate groups in 
 39.28  designing methods to meet the need for trained lead abatement 
 39.29  training swab team workers; and. 
 39.30     (3) include an examination of how program participants may 
 39.31  achieve certification as a part of the work experience and 
 39.32  training component.  Certification may be achieved through 
 39.33  licensing, apprenticeship, or other education programs. 
 39.34     Sec. 8.  Minnesota Statutes 1994, section 268.92, is 
 39.35  amended by adding a subdivision to read: 
 39.36     Subd. 7a.  [TESTING AND EVALUATION.] (a) Testing of the 
 40.1   environment is not necessary by swab teams whose work is 
 40.2   assigned by the commissioner of health or a designated board of 
 40.3   health under section 144.9504.  The commissioner of health or 
 40.4   designated board of health shall share the analytical testing 
 40.5   data collected on each residence for purposes of secondary 
 40.6   prevention under section 144.9504 with the swab team workers in 
 40.7   order to provide constructive feedback on their work and to the 
 40.8   commissioner for the purposes set forth in paragraph (c). 
 40.9      (b) For purposes of primary prevention evaluation, the 
 40.10  following samples must be collected:  pretesting and posttesting 
 40.11  of one noncarpeted floor dust lead sample and a notation of the 
 40.12  extent and location of bare soil and of deteriorated lead-based 
 40.13  paint.  The analytical testing data collected on each residence 
 40.14  for purposes of primary prevention under section 144.9503, shall 
 40.15  be shared with the swab team workers in order to provide 
 40.16  constructive feedback on their work and to the commissioner for 
 40.17  the purposes set forth in paragraph (c). 
 40.18     (c) The commissioner of health shall establish a program in 
 40.19  cooperation with the commissioner of economic security to 
 40.20  collect appropriate data as required under paragraphs (a) and 
 40.21  (b), in order to conduct an ongoing evaluation of swab team 
 40.22  services for primary and secondary prevention.  Within the 
 40.23  limits of available appropriations, the commissioner of health 
 40.24  shall conduct or contract with the commissioner of economic 
 40.25  security, on up to 1,000 residences which have received primary 
 40.26  or secondary prevention swab team services, a post-remediation 
 40.27  evaluation, on at least a quarterly basis for a period of at 
 40.28  least two years for each residence.  The evaluation must note 
 40.29  the condition of the paint within the residence, the extent of 
 40.30  bare soil on the grounds, and collect and analyze one 
 40.31  noncarpeted floor dust lead sample.  The data collected shall be 
 40.32  evaluated to determine the efficacy of providing swab team 
 40.33  services as a method of reducing lead exposure in young 
 40.34  children.  In evaluating this data, the commissioner of health 
 40.35  shall consider city size, community location, historic traffic 
 40.36  flow, soil lead level of the property by area or census tract, 
 41.1   distance to industrial point sources that emit lead, season of 
 41.2   the year, age of the housing, age, and number of children living 
 41.3   at the residence, the presence of pets that move in and out of 
 41.4   the residence, and other relevant factors as the commissioner of 
 41.5   health may determine.  This evaluation of the swab team program 
 41.6   may be paid from amounts appropriated to the department of 
 41.7   economic security for providing swab team services. 
 41.8      Sec. 9.  Minnesota Statutes 1994, section 268.92, 
 41.9   subdivision 8, is amended to read: 
 41.10     Subd. 8.  [PROGRAM BENEFITS.] As a condition of 
 41.11  providing lead abatement swab team services under this section, 
 41.12  an organization may require a property owner to not increase 
 41.13  rents on a property solely as a result of a substantial 
 41.14  improvement made with public funds under the programs in this 
 41.15  section. 
 41.16     Sec. 10.  Minnesota Statutes 1994, section 268.92, 
 41.17  subdivision 10, is amended to read: 
 41.18     Subd. 10.  [REPORT.] Beginning in the year in which an 
 41.19  appropriation is received, the commissioner shall prepare and 
 41.20  submit a lead abatement swab team program report to the 
 41.21  legislature and the governor by December 31, and every two years 
 41.22  thereafter.  At a minimum, the report must describe the programs 
 41.23  organizations that received grants under this section, the cost, 
 41.24  nature, and extent of swab team services provided by each 
 41.25  grantee, an evaluation of the efficacy of providing swab team 
 41.26  services under subdivision 7a, and make recommendations for 
 41.27  program changes.  
 41.28     Sec. 11.  Minnesota Statutes 1994, section 462A.05, 
 41.29  subdivision 15c, is amended to read: 
 41.30     Subd. 15c.  [RESIDENTIAL LEAD ABATEMENT.] It may make or 
 41.31  purchase loans or grants for the abatement of hazardous levels 
 41.32  of lead paint in residential buildings and lead contaminated 
 41.33  soil on the property of residential buildings occupied by low- 
 41.34  and moderate-income persons.  Hazardous levels are as determined 
 41.35  by the department of health or the pollution control agency.  
 41.36  The agency must establish grant criteria for a residential lead 
 42.1   paint and lead contaminated soil abatement program, including 
 42.2   the terms of loans and grants under this section, a maximum 
 42.3   amount for loans or grants, eligible owners borrowers or 
 42.4   grantees, eligible contractors, and eligible buildings.  The 
 42.5   agency may make grants to cities, local units of government, 
 42.6   registered lead abatement contractors, and nonprofit 
 42.7   organizations for the purpose of administering a residential 
 42.8   lead paint and contaminated lead soil abatement program.  No 
 42.9   loan or grant may be made for lead paint abatement for a 
 42.10  multifamily building which contains substantial housing 
 42.11  maintenance code violations unless the violations are being 
 42.12  corrected in conjunction with receipt of the loan or grant under 
 42.13  this section.  The agency must establish standards for the 
 42.14  relocation of families where necessary and the payment of 
 42.15  relocation expenses.  To the extent possible, the agency must 
 42.16  coordinate loans and grants under this section with existing 
 42.17  housing programs. 
 42.18     The agency, in consultation with the department of health, 
 42.19  shall report to the legislature by January 1993 1996 on the 
 42.20  costs and benefits of subsidized lead abatement and the extent 
 42.21  of the childhood lead exposure problem.  The agency shall review 
 42.22  the effectiveness of its existing loan and grant programs in 
 42.23  providing funds for residential lead abatement and report to the 
 42.24  legislature with examples, case studies and recommendations. 
 42.25     Sec. 12.  [REPEALER.] 
 42.26     Minnesota Statutes 1994, section 115C.082, subdivision 2, 
 42.27  is repealed.