HF 419

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to health; modifying the Lead Poisoning Prevention Act; amending
Minnesota Statutes 2008, sections 144.9501, subdivision 9; 144.9503,
subdivision 2.

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

Section 1.

Minnesota Statutes 2008, section 144.9501, subdivision 9, is amended to
read:

Subd. 9.

Elevated blood lead level.

"Elevated blood lead level" means a diagnostic
blood lead test with a result that is equal to or greater than deleted text begin ten deleted text end new text begin five new text end micrograms of lead
per deciliter of whole blood in any person, unless the commissioner finds that a lower
concentration is necessary to protect public health.

Sec. 2.

Minnesota Statutes 2008, section 144.9503, subdivision 2, is amended to read:

Subd. 2.

Priorities for primary prevention.

(a) The commissioner of health and
boards of health serving cities of the first class shall determine areas at high risk for toxic
lead exposure.

(b) A board of health serving a city of the first class shall rank order census tracts
by awarding points as specified in this paragraph. The priority for primary prevention in
census tracts at high risk for toxic lead exposure shall be based on the cumulative points
awarded to each census tract. A greater number of points means a higher priority.

(1) One point may be awarded to a census tract for each ten percent of children who
were under six years old at the time they were screened for lead in blood and whose blood
lead level exceeds deleted text begin ten deleted text end new text begin five new text end micrograms of lead per deciliter of whole blood, provided the
commissioner has determined that the data used to award the points are comprehensive
and representative.

(2) One point may be awarded for every five percent of housing that is defined as
dilapidated or deteriorated by the planning department or similar agency of the city in
which the housing is located. Where data is available by neighborhood or section within a
city, the percent of dilapidated or deteriorated housing shall apply equally to each census
tract within the neighborhood or section.

(3) One point may be awarded for every 100 parts per million of lead in soil, based
on the median soil lead values of foundation soil samples, calculated on 100 parts per
million intervals, or fraction thereof. A board of health shall use data from its own soil
survey conducted according to rules adopted under section 144.9508, except that a board
of health serving Minneapolis or St. Paul that has not conducted its own soil survey
shall use the June 1988 census tract version of the houseside map titled "Distribution of
Houseside Lead Content of Soil-Dust in the Twin Cities," prepared by the Center for
Urban and Regional Affairs, Humphrey Institute, University of Minnesota, Publication
1989, Center for Urban and Regional Affairs 89-4. Where the map displays a census
tract that is crossed by two or more intervals, the board of health shall make a reasoned
determination of the median foundation soil lead value for that census tract.

(4) A board of health may award one point to each census tract for each of the
following factors based on cutoff criteria to be determined by the board of health:

(i) percent of minority population;

(ii) number of children less than six years of age;

(iii) percent of housing built before 1950; and

(iv) percent of population living in poverty.

(c) The commissioner may determine areas at high risk for toxic lead exposure at
the county level or within a county outside a city of the first class using one or more
of the following criteria:

(1) blood lead levels greater than deleted text begin ten deleted text end new text begin five new text end micrograms per deciliter of whole blood in
children under six years of age;

(2) percent of dilapidated or deteriorated housing;

(3) soil lead levels in excess of 100 parts per million;

(4) percent of minority population;

(5) percent of housing built before 1950;

(6) percent of children living in poverty; or

(7) other factors appropriate in preventing lead exposure, as determined by a federal
agency including the United States Centers for Disease Control and Prevention, the United
States Environmental Protection Agency, or the United States Department of Housing
and Urban Development.