4th Engrossment - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am
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, the3.31 commissioner of administration shall develop building code3.32 provisions in accordance with the directives and provisions3.33 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 144.871144.9501 to 4.2 144.879144.9509. 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 144.87833.1 144.9501 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 by33.20 the commissioner of health under section 144.878, subdivision 5.33.21 (b) "Certified worker" means a lead abatement worker33.22 certified by the commissioner of health under section 144.878,33.23 subdivision 5.33.24 (c) "Commissioner" means the commissioner of economic33.25 securitywords 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 licensedlead contractor, certified33.29 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 meaning33.35 given in section 144.871, subdivision 7a.33.36 (f) "Licensed contractor" means a contractor licensed by34.1 the department of health under section 144.876.34.2 (g) "Removal and replacement abatement" means lead34.3 abatement on residential property that requires retrofitting and34.4 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 programsto train 34.13 workers forto provide swab teamsteam services and removal34.14 and replacement abatement, and to provide swab team services and34.15 removal and replacement abatementswab 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 be35.4 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 localwho 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 , administeredassigned 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 5144.9504, 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 be35.32 madeto establish swab teams for primary prevention , without35.33 environmental lead testingunder 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 licensedlead contractors and certifiedlead 36.3 abatementworkers for residential lead abatementswab team 36.4 services; 36.5 (2) the participation of neighborhood groups and 36.6 individuals, as swab team membersworkers, 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 in36.10 areas at high risk for toxic lead exposure on a census tract36.11 basis without environmental lead testingas 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; and36.24 (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 ABATEMENTCONTRACTORS.] (a) Eligible 36.32 organizations and licensedlead abatementcontractors may 36.33 participate in the lead abatementswab 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 replacement37.1 employeesworkers are certified by the department of health 37.2 under section 144.878, subdivision 5144.9505. Eligible 37.3 organizations and licensedlead 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 teamsteam 37.7 workers; 37.8 (2) providing swab team services to meet the requirements 37.9 of section 144.872sections 144.9503, subdivision 4, and 37.10 144.9504, subdivision 6; 37.11 (3) providing a removal and replacement abatementcomponent 37.12 using skilled craft workers under subdivision 7; 37.13 (4) providing primary prevention, without environmental37.14 lead testing , in census tracts at high risk for toxic lead37.15 exposureaccording to subdivision 7a; 37.16 (5) providing lead dust cleaning supplies, as described in 37.17 section 144.872, subdivision 4144.9503, subdivision 5, 37.18 paragraph (b), to residents; or 37.19 (6) instructinghaving 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 licensedlead 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 EMPLOYEESSWAB TEAM WORKERS.] 38.4 Each worker engaged in swab team services or removal and38.5 replacement abatement in programsestablished 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, receiving38.11 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 teamsteam workers. Training methods must follow 38.24 procedures established under section 144.878, subdivision 538.25 144.9506. 38.26 (b) Swab team membersworkers 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 a38.35 need is identifiedthe commissioner may establish a component 38.36 for removal and replacement abatementof 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 abatementmust be done 39.7 using least-cost methods that meet the standards of section39.8 144.878, 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 abatementor repair must be 39.17 done by licensedlead abatementcontractors .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 trainedon the job training of 39.25 swab team workers andto be removal and replacement abatement39.26 workers and; 39.27 (2) describe plans to involve appropriate groups in 39.28 designing methods to meet the need for trained lead abatement39.29 training swab team workers ; and. 39.30 (3) include an examination of how program participants may39.31 achieve certification as a part of the work experience and39.32 training component. Certification may be achieved through39.33 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 abatementswab 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 abatementswab 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 programs41.23 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 makerecommendations 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 grantcriteria 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 ownersborrowers 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. No42.9 loan or grant may be made for lead paint abatement for a42.10 multifamily building which contains substantial housing42.11 maintenance code violations unless the violations are being42.12 corrected in conjunction with receipt of the loan or grant under42.13 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 19931996 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.