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HF 1582

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; making technical changes; eliminating radioactive material
license renewal fee; establishing fees for ionizing radiation-producing equipment;
modifying requirements for operating x-ray equipment; changing provisions
in the lead abatement program; amending Minnesota Statutes 2006, sections
144.1205, subdivision 1; 144.121, subdivisions 1a, 5; 144.9512, subdivisions 1,
2, 3, 10; repealing Minnesota Statutes 2006, sections 144.121, subdivisions 1c,
4; 144.146, subdivision 1; 144.9512, subdivisions 4, 6, 7, 8.

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

Section 1.

Minnesota Statutes 2006, section 144.1205, subdivision 1, is amended to
read:


Subdivision 1.

Application and license renewal fee.

When a license is required for
radioactive material or source or special nuclear material by a rule adopted under section
144.1202, subdivision 2, an application fee according to subdivision 4 must be paid upon
initial application for a license. The licensee must renew the license 60 days before the
expiration date of the license deleted text begin by paying a license renewal fee equal to the application fee
under subdivision 4
deleted text end . The expiration date of a license is the date deleted text begin set by the United States
Nuclear Regulatory Commission before transfer of the licensing program under section
144.1202 and thereafter as
deleted text end specified by rule of the commissioner of health.

Sec. 2.

Minnesota Statutes 2006, section 144.121, subdivision 1a, is amended to read:


Subd. 1a.

Fees for deleted text begin x-ray machines and other sources ofdeleted text end ionizing
radiationnew text begin -producing equipmentnew text end .

A facility with deleted text begin x-ray machines or other sources ofdeleted text end
ionizing radiationnew text begin -producing equipment new text end must deleted text begin bienniallydeleted text end pay an new text begin annual new text end initial or deleted text begin biennialdeleted text end new text begin
annual
new text end renewal registration fee consisting of a base facility fee of deleted text begin $132deleted text end new text begin $66new text end and an
additional fee for each deleted text begin x-ray machine or other source of ionizingdeleted text end radiationnew text begin source,new text end as
follows:

(1)
medical or veterinary equipment
$ deleted text begin . 106 deleted text end new text begin 53
new text end
(2)
dental x-ray equipment
$ deleted text begin . 66 deleted text end new text begin 33 new text end
(3)
accelerator
$ deleted text begin . 132 deleted text end new text begin 66
new text end
(4)
radiation therapy equipment
$ deleted text begin . 132 deleted text end new text begin 66
new text end
(5)
x-ray equipment not used on humans or
animals
$ deleted text begin . 106 deleted text end new text begin 53
new text end
(6)
devices with sources of ionizing radiation not
used on humans or animals
$ deleted text begin . 106 deleted text end new text begin 53
new text end
deleted text begin (7)
deleted text end
deleted text begin sources of radium
deleted text end
deleted text begin $ . 198
deleted text end

Sec. 3.

Minnesota Statutes 2006, section 144.121, subdivision 5, is amended to read:


Subd. 5.

Examination for individual operating x-ray equipment.

After January
1, 1997, an individual in a facility with x-ray equipment for use on humans that is
registered under subdivision 1 may not operate, nor may the facility allow the individual
to operate, x-ray equipment unless the individual has passed an examination approved
by the commissioner of health, or an examination determined to the satisfaction of the
commissioner of health to be an equivalent national, state, or regional examination,
that demonstrates the individual's knowledge of basic radiation safety, proper use of
deleted text begin x-raydeleted text end new text begin ionizing radiation-producingnew text end equipment, deleted text begin darkroom and film processing,deleted text end and quality
assurance procedures. The commissioner shall establish by rule criteria for the approval of
examinations required for an individual operating an x-ray machine in Minnesota.

Sec. 4.

Minnesota Statutes 2006, section 144.9512, subdivision 1, is amended to read:


Subdivision 1.

Definitions.

(a) The definitions in section 144.9501 and in this
subdivision apply to this section.

(b) "Eligible organization" means a deleted text begin lead contractor,deleted text end city, board of health, community
health department, community action agency as defined in section 256E.30, deleted text begin ordeleted text end community
development corporationnew text begin , or nonprofit organizationnew text end .

(c) "Commissioner" means the commissioner of healthdeleted text begin , or the commissioner of the
Minnesota Housing Finance Agency as authorized by section 462A.05, subdivision 15c
deleted text end .

Sec. 5.

Minnesota Statutes 2006, section 144.9512, subdivision 2, is amended to read:


Subd. 2.

Grants; administration.

Within the limits of the available appropriation,
the commissioner deleted text begin must develop a swab team services program whichdeleted text end may make
deleted text begin demonstration and trainingdeleted text end grants to eligible organizations to train workers to provide
swab team services deleted text begin and swab team servicesdeleted text end for residential property. Grants may be
awarded to nonprofit organizations to provide technical assistance and training to ensure
quality and consistency within the statewide program. deleted text begin Grants must be awarded to help
ensure full-time employment to workers providing swab team services and must be
awarded for a two-year period.
deleted text end

deleted text begin Grants awarded under this section must be made in consultation with the
commissioner of the Housing Finance Agency and representatives of neighborhood
groups from areas at high risk for toxic lead exposure, a labor organization, the lead
coalition, community action agencies, and the legal aid society. The consulting team must
review grant applications and recommend awards to eligible organizations that meet
requirements for receiving a grant under this section.
deleted text end

Sec. 6.

Minnesota Statutes 2006, section 144.9512, subdivision 3, is amended to read:


Subd. 3.

Applicants.

(a) Interested eligible organizations may apply to the
commissioner for grants under this section. Two or more eligible organizations may
jointly apply for a grant. Priority shall be given to community action agencies in greater
Minnesota and to either community action agencies or neighborhood based nonprofit
organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may
be used for administrative purposes. The commissioner may deviate from this percentage
if a grantee can justify the need for a larger administrative allowance. Of this amount,
up to five percent may be used by the commissioner for state administrative purposes.
Applications must provide information requested by the commissioner, including at least
the information required to assess the factors listed in paragraph (d).

(b) The commissioner must consult with boards of health to provide swab team
services for purposes of secondary prevention. The priority for swab teams created
by grants to eligible organizations under this section must be work assigned by the
commissioner of health, or by a board of health if so designated by the commissioner of
health, to provide secondary prevention swab team services to fulfill the requirements
of section 144.9504, subdivision 6, in response to a lead order. Swab teams assigned
work under this section by the commissioner, that are not engaged daily in fulfilling the
requirements of section 144.9504, subdivision 6, must deliver swab team services in
response to elevated blood lead levels as defined in section 144.9501, subdivision 9,
where lead orders were not issued, and for purposes of primary prevention in census
tracts known to be in areas at high risk for toxic lead exposure as described in section
144.9503, subdivision 2.

(c) Any additional money must be used for grants to establish swab teams for
primary prevention under section 144.9503, in census tracts in areas at high risk for toxic
lead exposure as determined under section 144.9503, subdivision 2.

(d) In evaluating grant applications, the commissioner must consider the following
criteria:

(1) the use of lead contractors and lead workers for residential swab team services;

(2) the participation of neighborhood groups and individuals, as swab team workers,
in areas at high risk for toxic lead exposure;

(3) plans for the provision of swab team services for primary and secondary
prevention as required under subdivision 4;

(4) plans for supervision, training, career development, and postprogram placement
of swab team members;new text begin and
new text end

deleted text begin (5) plans for resident and property owner education on lead safety;
deleted text end

deleted text begin (6) plans for distributing cleaning supplies to area residents and educating residents
and property owners on cleaning techniques;
deleted text end

deleted text begin (7) sources of other funding and cost estimates for training, lead inspections, swab
team services, equipment, monitoring, testing, and administration;
deleted text end

deleted text begin (8) measures of program effectiveness;
deleted text end

deleted text begin (9) coordination of program activities with other federal, state, and local public
health, job training, apprenticeship, and housing renovation programs including programs
under sections to ; and
deleted text end

deleted text begin (10)deleted text end new text begin (5)new text end prior experience in providing swab team services.

Sec. 7.

Minnesota Statutes 2006, section 144.9512, subdivision 10, is amended to read:


Subd. 10.

Requirements of organizations receiving grants.

An eligible
organization that is awarded a deleted text begin training and demonstrationdeleted text end grant under this section must
prepare and submit a quarterly progress report to the commissioner beginning three
months after receipt of the grant.

Sec. 8. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2006, sections 144.121, subdivisions 1c and 4; 144.146,
subdivision 1; and 144.9512, subdivisions 4, 6, 7, and 8,
new text end new text begin are repealed.
new text end