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HF 2008

1st Engrossment - 91st Legislature (2019 - 2020) Posted on 03/09/2020 05:30pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to health; modifying renovation and lead hazard reduction provision;
amending Minnesota Statutes 2018, sections 144.9501, subdivisions 17, 26a, 26b;
144.9505, subdivisions 1, 1h.

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

Section 1.

Minnesota Statutes 2018, section 144.9501, subdivision 17, is amended to read:


Subd. 17.

Lead hazard reduction.

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

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

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

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

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

Sec. 2.

Minnesota Statutes 2018, section 144.9501, subdivision 26a, is amended to read:


Subd. 26a.

Regulated lead work.

deleted text begin(a)deleted text end "Regulated lead work" deleted text beginmeansdeleted text endnew text begin includesnew text end:

(1) abatement;

(2) interim controls;

(3) a clearance inspection;

(4) a lead hazard screen;

(5) a lead inspection;

(6) a lead risk assessment;

(7) lead project designer services;

(8) lead sampling technician services;

(9) swab team services;

(10) renovation activities; deleted text beginor
deleted text end

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

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

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

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

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

Sec. 3.

Minnesota Statutes 2018, section 144.9501, subdivision 26b, is amended to read:


Subd. 26b.

Renovation.

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

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

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

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

Sec. 4.

Minnesota Statutes 2018, section 144.9505, subdivision 1, is amended to read:


Subdivision 1.

Licensing, certification, and permitting.

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

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

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

(d) An individual who is the owner of property on which deleted text beginregulated lead workdeleted text endnew text begin lead hazard
reduction
new text end is to be performed or an adult individual who is related to the property owner, as
defined under section 245A.02, subdivision 13, is exempt from the requirements to obtain
a license and pay a fee according to this section.

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

Sec. 5.

Minnesota Statutes 2018, section 144.9505, subdivision 1h, is amended to read:


Subd. 1h.

Certified renovation firm.

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