HF 2317

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to health; lowering the blood lead level
needed to trigger a lead risk assessment; amending
Minnesota Statutes 2004, section 144.9504, subdivision
2.

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

Section 1.

Minnesota Statutes 2004, section 144.9504,
subdivision 2, is amended to read:

Subd. 2.

Lead risk assessment.

(a) An assessing agency
shall conduct a lead risk assessment of a residence according to
the venous blood lead level and time frame set forth in clauses
(1) to deleted text begin (5) deleted text end new text begin (4) new text end for purposes of secondary prevention:

(1) within 48 hours of a child or pregnant female in the
residence being identified to the agency as having a venous
blood lead level equal to or greater than deleted text begin 70 deleted text end new text begin 60 new text end micrograms of
lead per deciliter of whole blood;

(2) within five working days of a child or pregnant female
in the residence being identified to the agency as having a
venous blood lead level equal to or greater than 45 micrograms
of lead per deciliter of whole blood;

(3) within ten working days of a child in the residence
being identified to the agency as having a venous blood lead
level equal to or greater than deleted text begin 20 deleted text end new text begin 15 new text end micrograms of lead per
deciliter of whole blood;

(4) deleted text begin within ten working days of a child in the residence
being identified to the agency as having a venous blood lead
level that persists in the range of 15 to 19 micrograms of lead
per deciliter of whole blood for 90 days after initial
identification; or
deleted text end

deleted text begin (5) deleted text end within ten working days of a pregnant female in the
residence being identified to the agency as having a venous
blood lead level equal to or greater than ten micrograms of lead
per deciliter of whole blood.

(b) Within the limits of available local, state, and
federal appropriations, an assessing agency may also conduct a
lead risk assessment for children with any elevated blood lead
level.

(c) In a building with two or more dwelling units, an
assessing agency shall assess the individual unit in which the
conditions of this section are met and shall inspect all common
areas accessible to a child. If a child visits one or more
other sites such as another residence, or a residential or
commercial child care facility, playground, or school, the
assessing agency shall also inspect the other sites. The
assessing agency shall have one additional day added to the time
frame set forth in this subdivision to complete the lead risk
assessment for each additional site.

(d) Within the limits of appropriations, the assessing
agency shall identify the known addresses for the previous 12
months of the child or pregnant female with venous blood lead
levels of at least deleted text begin 20 deleted text end new text begin 15 new text end micrograms per deciliter for the child
or at least ten micrograms per deciliter for the pregnant
female; notify the property owners, landlords, and tenants at
those addresses that an elevated blood lead level was found in a
person who resided at the property; and give them primary
prevention information. Within the limits of appropriations,
the assessing agency may perform a risk assessment and issue
corrective orders in the properties, if it is likely that the
previous address contributed to the child's or pregnant female's
blood lead level. The assessing agency shall provide the notice
required by this subdivision without identifying the child or
pregnant female with the elevated blood lead level. The
assessing agency is not required to obtain the consent of the
child's parent or guardian or the consent of the pregnant female
for purposes of this subdivision. This information shall be
classified as private data on individuals as defined under
section 13.02, subdivision 12.

(e) The assessing agency shall conduct the lead risk
assessment according to rules adopted by the commissioner under
section 144.9508. An assessing agency shall have lead risk
assessments performed by lead risk assessors licensed by the
commissioner according to rules adopted under section 144.9508.
If a property owner refuses to allow a lead risk assessment, the
assessing agency shall begin legal proceedings to gain entry to
the property and the time frame for conducting a lead risk
assessment set forth in this subdivision no longer applies. A
lead risk assessor or assessing agency may observe the
performance of lead hazard reduction in progress and shall
enforce the provisions of this section under section 144.9509.
Deteriorated painted surfaces, bare soil, and dust must be
tested with appropriate analytical equipment to determine the
lead content, except that deteriorated painted surfaces or bare
soil need not be tested if the property owner agrees to engage
in lead hazard reduction on those surfaces. The lead content of
drinking water must be measured if another probable source of
lead exposure is not identified. Within a standard metropolitan
statistical area, an assessing agency may order lead hazard
reduction of bare soil without measuring the lead content of the
bare soil if the property is in a census tract in which soil
sampling has been performed according to rules established by
the commissioner and at least 25 percent of the soil samples
contain lead concentrations above the standard in section
144.9508.

(f) Each assessing agency shall establish an administrative
appeal procedure which allows a property owner to contest the
nature and conditions of any lead order issued by the assessing
agency. Assessing agencies must consider appeals that propose
lower cost methods that make the residence lead safe. The
commissioner shall use the authority and appeal procedure
granted under sections 144.989 to 144.993.

(g) Sections 144.9501 to 144.9509 neither authorize nor
prohibit an assessing agency from charging a property owner for
the cost of a lead risk assessment.