SF 978

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing a technical 
  1.3             recodification of lead abatement law; amending 
  1.4             Minnesota Statutes 1994, sections 16B.61, subdivision 
  1.5             3; 115C.082, subdivision 2; 116.87, subdivision 2; 
  1.6             144.99, subdivision 1; and 268.92, subdivisions 1, 3, 
  1.7             4, 6, and 7; proposing coding for new law in Minnesota 
  1.8             Statutes, chapter 144; repealing Minnesota Statutes 
  1.9             1994, sections 144.871; 144.872; 144.873; 144.874; 
  1.10            144.876; 144.877; 144.8771; 144.878; 144.8781; 
  1.11            144.8782; and 144.879.  
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1994, section 16B.61, 
  1.14  subdivision 3, is amended to read: 
  1.15     Subd. 3.  [SPECIAL REQUIREMENTS.] (a)  [SPACE FOR COMMUTER 
  1.16  VANS.] The code must require that any parking ramp or other 
  1.17  parking facility constructed in accordance with the code include 
  1.18  an appropriate number of spaces suitable for the parking of 
  1.19  motor vehicles having a capacity of seven to 16 persons and 
  1.20  which are principally used to provide prearranged commuter 
  1.21  transportation of employees to or from their place of employment 
  1.22  or to or from a transit stop authorized by a local transit 
  1.23  authority.  
  1.24     (b)  [SMOKE DETECTION DEVICES.] The code must require that 
  1.25  all dwellings, lodging houses, apartment houses, and hotels as 
  1.26  defined in section 299F.362 comply with the provisions of 
  1.27  section 299F.362.  
  1.28     (c)  [DOORS IN NURSING HOMES AND HOSPITALS.] The state 
  2.1   building code may not require that each door entering a sleeping 
  2.2   or patient's room from a corridor in a nursing home or hospital 
  2.3   with an approved complete standard automatic fire extinguishing 
  2.4   system be constructed or maintained as self-closing or 
  2.5   automatically closing.  
  2.6      (d)  [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 
  2.7   EXIT.] A licensed day care center serving fewer than 30 
  2.8   preschool age persons and which is located in a below ground 
  2.9   space in a church building is exempt from the state building 
  2.10  code requirement for a ground level exit when the center has 
  2.11  more than two stairways to the ground level and its exit.  
  2.12     (e)  [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 
  2.13  Until August 1, 1996, an organization providing child care in an 
  2.14  existing church building which is exempt from taxation under 
  2.15  section 272.02, subdivision 1, clause (5), shall have five years 
  2.16  from the date of initial licensure under chapter 245A to provide 
  2.17  interior vertical access, such as an elevator, to persons with 
  2.18  disabilities as required by the state building code.  To obtain 
  2.19  the extension, the organization providing child care must secure 
  2.20  a $2,500 performance bond with the commissioner of human 
  2.21  services to ensure that interior vertical access is achieved by 
  2.22  the agreed upon date. 
  2.23     (f)  [FAMILY AND GROUP FAMILY DAY CARE.] Until the 
  2.24  legislature enacts legislation specifying appropriate standards, 
  2.25  the definition of Group R-3 occupancies in the state building 
  2.26  code applies to family and group family day care homes licensed 
  2.27  by the department of human services under Minnesota Rules, 
  2.28  chapter 9502. 
  2.29     (g)  [MINED UNDERGROUND SPACE.] Nothing in the state 
  2.30  building codes shall prevent cities from adopting rules 
  2.31  governing the excavation, construction, reconstruction, 
  2.32  alteration, and repair of mined underground space pursuant to 
  2.33  sections 469.135 to 469.141, or of associated facilities in the 
  2.34  space once the space has been created, provided the intent of 
  2.35  the building code to establish reasonable safeguards for health, 
  2.36  safety, welfare, comfort, and security is maintained. 
  3.1      (h)  [ENCLOSED STAIRWAYS.] No provision of the code or any 
  3.2   appendix chapter of the code may require stairways of existing 
  3.3   multiple dwelling buildings of two stories or less to be 
  3.4   enclosed. 
  3.5      (i)  [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the 
  3.6   code or appendix chapter of the code may prohibit double 
  3.7   cylinder dead bolt locks in existing single-family homes, 
  3.8   townhouses, and first floor duplexes used exclusively as a 
  3.9   residential dwelling.  Any recommendation or promotion of double 
  3.10  cylinder dead bolt locks must include a warning about their 
  3.11  potential fire danger and procedures to minimize the danger. 
  3.12     (j)  [RELOCATED RESIDENTIAL BUILDINGS.] A residential 
  3.13  building relocated within or into a political subdivision of the 
  3.14  state need not comply with the state energy code or section 
  3.15  326.371 provided that, where available, an energy audit is 
  3.16  conducted on the relocated building. 
  3.17     (k)  [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must 
  3.18  require all residential buildings as defined in section 325F.82 
  3.19  to comply with the provisions of sections 325F.82 and 325F.83.  
  3.20     (l)  [EXIT SIGN ILLUMINATION.] For a new building on which 
  3.21  construction is begun on or after October 1, 1993, or an 
  3.22  existing building on which remodeling affecting 50 percent or 
  3.23  more of the enclosed space is begun on or after October 1, 1993, 
  3.24  the code must prohibit the use of internally illuminated exit 
  3.25  signs whose electrical consumption during nonemergency operation 
  3.26  exceeds 20 watts of resistive power.  All other requirements in 
  3.27  the code for exit signs must be complied with.  
  3.28     (m)  [RESIDENTIAL WORK.] By January 1, 1996, the 
  3.29  commissioner of administration shall develop building code 
  3.30  provisions in accordance with the directives and provisions 
  3.31  developed under section 144.874 144.8758, subdivision 11a 7. 
  3.32     Sec. 2.  Minnesota Statutes 1994, section 115C.082, 
  3.33  subdivision 2, is amended to read: 
  3.34     Subd. 2.  [USES OF FUND.] (a) Money in the lead fund may be 
  3.35  appropriated for: 
  3.36     (1) all lead programs administered by the commissioner of 
  4.1   economic security; 
  4.2      (2) all lead activities and programs administered by the 
  4.3   commissioner of health; and 
  4.4      (3) all lead programs administered by the commissioner of 
  4.5   the housing finance agency. 
  4.6      (b) Money in the lead fund must be annually distributed for 
  4.7   lead abatement as follows: 
  4.8      (1) 25 percent to the commissioner of health for lead 
  4.9   activities and programs including contracting with community 
  4.10  health boards; 
  4.11     (2) ten percent to the housing development fund for lead 
  4.12  programs; and 
  4.13     (3) the remainder to the commissioner of economic security 
  4.14  for lead abatement programs. 
  4.15     (c) In expending funds under this program, the commissioner 
  4.16  of health shall abide by the following requirements: 
  4.17     (1) no funds shall be spent for lead screening unless the 
  4.18  board of health or grantee meets the center for disease control 
  4.19  proficiency requirements and the analytical requirements 
  4.20  specified in section 144.873 144.8753, subdivision 3.  The 
  4.21  commissioner may make grants that include providing the 
  4.22  appropriate analytical equipment in order to meet this 
  4.23  condition; 
  4.24     (2) no money shall be provided to boards of health who 
  4.25  issue abatement orders inconsistent with the rules promulgated 
  4.26  under section 144.878 144.8758; and 
  4.27     (3) before issuing a contract to boards of health, outside 
  4.28  a city of the first class, the commissioner of health shall 
  4.29  evaluate the need and cost-effectiveness of contracting for 
  4.30  sanitarian and public health nurse services to determine whether 
  4.31  the contract grant should be with an individual board of health, 
  4.32  or a group of boards of health, or whether services should be 
  4.33  delivered by the commissioner.  Nothing in this provision is 
  4.34  designed to restrict grants for lead education or lead screening.
  4.35     Sec. 3.  Minnesota Statutes 1994, section 116.87, 
  4.36  subdivision 2, is amended to read: 
  5.1      Subd. 2.  [RESIDENCE.] The term "residence" has the meaning 
  5.2   given in rules adopted under sections 144.871 144.8751 to 
  5.3   144.879 144.8761. 
  5.4      Sec. 4.  [144.8751] [DEFINITIONS.] 
  5.5      Subdivision 1.  [APPLICABILITY.] The definitions in this 
  5.6   section apply to sections 144.8751 to 144.8761. 
  5.7      Subd. 2.  [ABATEMENT.] "Abatement" means any set of 
  5.8   procedures designed to eliminate or reduce human exposure to 
  5.9   lead hazards. 
  5.10     Subd. 3.  [ABATEMENT CONTRACTOR.] "Abatement contractor" 
  5.11  means any person hired by a property owner or resident to 
  5.12  perform abatement of a lead source in violation of standards 
  5.13  under section 144.8758 and who is licensed by the commissioner 
  5.14  according to rules adopted under section 144.8758, subdivision 3.
  5.15     Subd. 4.  [BOARD OF HEALTH.] "Board of health" means an 
  5.16  administrative authority established under section 145A.03.  
  5.17     Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
  5.18  commissioner of health. 
  5.19     Subd. 6.  [DETERIORATED PAINT.] "Deteriorated paint" means 
  5.20  paint that is chipped, peeled, or otherwise separated from its 
  5.21  substrate or that is attached to damaged substrate. 
  5.22     Subd. 7.  [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead 
  5.23  level" in a child before the sixth birthday or in a pregnant 
  5.24  woman means a blood lead level that exceeds the federal Centers 
  5.25  for Disease Control guidelines for preventing lead poisoning in 
  5.26  young children, unless the commissioner finds that a lower 
  5.27  concentration is necessary to protect public health. 
  5.28     Subd. 8.  [ENCAPSULATION.] "Encapsulation" means covering, 
  5.29  sealing, painting, resurfacing to make smooth before repainting, 
  5.30  or containment of a source of lead. 
  5.31     Subd. 9.  [HIGH RISK FOR TOXIC LEAD EXPOSURE.] "High risk 
  5.32  for toxic lead exposure" means a census tract that meets one or 
  5.33  more of the following criteria: 
  5.34     (1) a census tract where elevated blood lead levels have 
  5.35  been diagnosed in a population of children or pregnant women; 
  5.36     (2) a census tract with many residential structures known 
  6.1   to have or suspected of having deteriorated lead-based paint; or 
  6.2      (3) a census tract with a median soil lead concentration 
  6.3   greater than 100 parts per million for any sample collected 
  6.4   according to Minnesota Rules, part 4761.0400, subpart 8, and 
  6.5   rules adopted under section 144.8758. 
  6.6      Subd. 10.  [LEAD HAZARD.] "Lead hazard" means a condition 
  6.7   that causes exposure to lead from lead-contaminated dust, 
  6.8   lead-contaminated bare soil, lead-contaminated drinking water, 
  6.9   lead-contaminated deteriorated paint, or lead-contaminated 
  6.10  intact paint on accessible, friction, or impact surfaces that 
  6.11  poses an immediate threat that would result in adverse human 
  6.12  health effects. 
  6.13     Subd. 11.  [LEAD INSPECTOR.] "Lead inspector" means a 
  6.14  person who has successfully completed a training course in 
  6.15  investigation of residences for possible sources of lead 
  6.16  exposure and who is licensed by the commissioner according to 
  6.17  rules adopted under section 144.8758, subdivision 4, to perform 
  6.18  this activity. 
  6.19     Subd. 12.  [PERSON.] "Person" has the meaning given in 
  6.20  section 103I.005, subdivision 16. 
  6.21     Subd. 13.  [PRIMARY PREVENTION FOR TOXIC LEAD 
  6.22  EXPOSURE.] "Primary prevention for toxic lead exposure" includes 
  6.23  any or all of the following: 
  6.24     (1) education of the general public in populations where 
  6.25  children under six years of age and pregnant women have been 
  6.26  identified with blood lead levels greater than nine micrograms 
  6.27  per deciliter; 
  6.28     (2) education for property owners and renters concerning 
  6.29  in-place management of potential lead hazards to create 
  6.30  lead-safe housing; 
  6.31     (3) in-place management of potential lead hazards using 
  6.32  swab team services or property owner or renter lead abatement 
  6.33  activities; and 
  6.34     (4) encapsulation, and removal and replacement abatement 
  6.35  where necessary to make the residence lead safe. 
  6.36     Subd. 14.  [SAFE HOUSING.] "Safe housing" means a residence 
  7.1   that does not have deteriorating paint, bare soil, lead dust, 
  7.2   and which does not violate any of the standards adopted 
  7.3   according to section 144.8758. 
  7.4      Subd. 15.  [SWAB TEAM.] "Swab team" means a person or 
  7.5   persons who implement in-place management of lead exposure 
  7.6   sources.  Swab team services include any or all of the following:
  7.7      (1) removing lead dust by washing, vacuuming, and cleaning 
  7.8   the interior of residential property; 
  7.9      (2) other means that immediately protect children who 
  7.10  engage in mouthing or pica behavior from lead sources, including 
  7.11  cleanup and health education, advice and assistance to help a 
  7.12  family locate and move to a temporary lead-safe residence while 
  7.13  abatement is being completed, or to help a family locate and 
  7.14  move to alternate lead-safe housing when abatement is not 
  7.15  completed by the property owner, and any other assistance 
  7.16  necessary to meet the family's immediate needs as a result of 
  7.17  the relocation; 
  7.18     (3) removing loose paint and paint chips and installing 
  7.19  guards to protect intact paint; and 
  7.20     (4) covering or replacing bare soil that has a lead 
  7.21  concentration of 100 parts per million, and establishing safe 
  7.22  exterior play and garden areas. 
  7.23     Subd. 16.  [VENOUS BLOOD SAMPLE.] "Venous blood sample" 
  7.24  means a quantity of blood drawn from a vein. 
  7.25     Sec. 5.  [144.8752] [LEAD-RELATED CONTRACTS.] 
  7.26     Subdivision 1.  [CONTRACTS.] The commissioner shall, within 
  7.27  available federal or state appropriations, contract with boards 
  7.28  of health to conduct assessments to determine sources of lead 
  7.29  contamination in accordance with section 144.8758. 
  7.30     Subd. 2.  [PROACTIVE LEAD EDUCATION STRATEGY.] The 
  7.31  commissioner shall, within available federal or state 
  7.32  appropriations, contract with boards of health in communities at 
  7.33  high risk for toxic lead exposure to children to assure, at the 
  7.34  time of a home assessment or following an abatement order, that 
  7.35  a family will receive visits by public health nurses and 
  7.36  community-based advocates specifically trained in lead cleanup 
  8.1   and the health-related aspects of lead exposure in their 
  8.2   residence periodically throughout the abatement process or until 
  8.3   the child's blood lead level is no longer elevated.  The purpose 
  8.4   of the home visit is to provide information about safety 
  8.5   measures, community resources, legal resources related to the 
  8.6   abatement process, housing resources, nutrition, health 
  8.7   follow-up materials, and methods to be followed before, during, 
  8.8   and after the abatement process.  If a family moves to a new 
  8.9   residence temporarily during the abatement process, services 
  8.10  should be provided at the temporary residence whenever 
  8.11  feasible.  Boards of health are encouraged to link the service 
  8.12  with other home visits a family may be receiving and to use 
  8.13  neighborhood-based programs which give priority to hiring 
  8.14  neighborhood residents as community-based advocates.  Ongoing 
  8.15  education that includes health and lead cleanup information and 
  8.16  the lead laws and rules shall be provided to health care and 
  8.17  social service providers, licensed abatement contractors, other 
  8.18  contractors, building trades professionals and nonprofessionals, 
  8.19  property owners, and parents.  Educational materials shall be 
  8.20  multilingual and multicultural to meet the needs of diverse 
  8.21  populations.  The commissioner shall either conduct or contract 
  8.22  with nonprofit organizations or businesses, for a proactive lead 
  8.23  education program to serve communities at high risk for toxic 
  8.24  lead exposure to children in which a board of health does not 
  8.25  have a contract with the commissioner for a proactive lead 
  8.26  education strategy. 
  8.27     Subd. 3.  [SAFE HOUSING.] The commissioner shall, within 
  8.28  the limits of available appropriations, contract with boards of 
  8.29  health for safe housing to be used in meeting relocation 
  8.30  requirements in section 144.8755, subdivision 5.  The 
  8.31  commissioner shall, within available federal or state 
  8.32  appropriations, award grants to boards of health for the 
  8.33  purposes of paying housing and relocation costs under section 
  8.34  144.8755, subdivision 5. 
  8.35     Subd. 4.  [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a) 
  8.36  Within the limits of available state or federal appropriations, 
  9.1   funds shall be made available under a grant program to nonprofit 
  9.2   community-based organizations in areas at high risk for toxic 
  9.3   lead exposure.  Grantees shall use the money to purchase lead 
  9.4   cleanup equipment and to pay for training for staff and 
  9.5   volunteers for lead abatement certification.  Grantees may work 
  9.6   with licensed lead abatement contractors and sponsors of 
  9.7   approved training courses in order to receive training necessary 
  9.8   for certification under section 144.8756, subdivision 1.  Lead 
  9.9   cleanup equipment shall include:  high efficiency particle 
  9.10  accumulator and wet vacuum cleaners, drop cloths, secure 
  9.11  containers, respirators, scrapers, dust and particle containment 
  9.12  material, and other cleanup and containment materials to remove 
  9.13  loose paint and plaster, patch plaster, control household dust 
  9.14  wax floors, clean carpets and sidewalks, and cover bare soil. 
  9.15     (b) Upon certification, the grantee's staff and volunteers 
  9.16  may make equipment and educational materials available to 
  9.17  residents and property owners and instruct them on the proper 
  9.18  use.  Equipment shall be made available to low-income households 
  9.19  on a priority basis at no fee, and other households on a sliding 
  9.20  fee scale.  Equipment shall not be made available to any person 
  9.21  who charges or intends to charge a fee for services performed 
  9.22  using equipment or materials purchased by a nonprofit 
  9.23  community-based organization through a grant obtained under this 
  9.24  subdivision. 
  9.25     Sec. 6.  [144.8753] [REPORTING OF MEDICAL AND ENVIRONMENTAL 
  9.26  SAMPLE ANALYSES.] 
  9.27     Subdivision 1.  [REPORT REQUIRED.] Medical laboratories 
  9.28  performing blood lead analyses must report to the commissioner 
  9.29  finger stick and venipuncture blood lead results and the method 
  9.30  used to obtain these results.  Boards of health must report to 
  9.31  the commissioner the results of analyses from residential 
  9.32  samples of paint, soil, dust, and drinking water.  The 
  9.33  commissioner shall require the type of blood sample tested and 
  9.34  the date of the test, the current address and birthdate of the 
  9.35  patient, the gender and race of the patient, and other related 
  9.36  information from medical laboratories and boards of health as 
 10.1   may be needed to monitor and evaluate blood lead levels in the 
 10.2   public.  Clinic staff and physicians who collect blood samples 
 10.3   for lead analyses must provide the information in this 
 10.4   subdivision to the medical laboratory performing the analyses.  
 10.5   If a clinic or physician sends a blood lead test to a medical 
 10.6   laboratory outside of Minnesota, that clinic or physician must 
 10.7   meet the reporting requirements under this subdivision. 
 10.8      Subd. 2.  [TEST OF CHILDREN IN HIGH RISK AREAS.] Within 
 10.9   limits of available state and federal appropriations, the 
 10.10  commissioner shall promote and subsidize a blood lead test of 
 10.11  all children before the sixth birthday who live in all areas of 
 10.12  high risk for toxic lead exposure that are currently known or 
 10.13  subsequently identified.  Within the limits of available 
 10.14  appropriations, the commissioner shall conduct surveys to 
 10.15  determine probable sources of lead exposure in greater Minnesota 
 10.16  communities where a case of elevated blood lead levels has been 
 10.17  reported.  Surveys conducted under this subdivision must consist 
 10.18  of evaluating census tracts to determine whether or not they are 
 10.19  at high risk for toxic lead exposure.  The evaluation shall 
 10.20  consist of a priority response determination under section 
 10.21  144.8754, subdivision 2.  In making this evaluation, the 
 10.22  commissioner shall: 
 10.23     (1) conduct a soil survey in the manner provided for under 
 10.24  Minnesota Rules, part 4761.0400, subpart 8; and 
 10.25     (2) evaluate housing quality, if data is available.  The 
 10.26  commissioner may also conduct a blood lead screening of children 
 10.27  under six years of age within the census tract. 
 10.28     Subd. 3.  [STATEWIDE LEAD SCREENING.] Statewide lead 
 10.29  screening by blood lead assays in conjunction with routine blood 
 10.30  tests analyzed by laboratories that meet the center for disease 
 10.31  control laboratory proficiency standards, by atomic absorption 
 10.32  equipment, or other equipment with equivalent or better accuracy 
 10.33  shall be used by boards of health. 
 10.34     Sec. 7.  [144.8754] [PRIMARY PREVENTION.] 
 10.35     Subdivision 1.  [PRIMARY PREVENTION.] Although children who 
 10.36  are found to already have elevated blood lead levels must have 
 11.1   the highest priority for intervention, the commissioner shall 
 11.2   pursue primary prevention for toxic lead exposure within the 
 11.3   limits of appropriations. 
 11.4      Subd. 2.  [PRIORITIES FOR RESPONSE ACTION.] The 
 11.5   commissioner of health must establish, by publication in the 
 11.6   State Register, a priority list of census tracts at high risk 
 11.7   for toxic lead exposure for primary prevention response actions. 
 11.8   In establishing the list, the commissioner shall award points 
 11.9   under this subdivision to each census tract on which information 
 11.10  is available.  The priority for primary prevention response 
 11.11  actions in census tracts at high risk for toxic lead exposure 
 11.12  shall be based on the cumulative points awarded to each census 
 11.13  tract.  A greater number of points means a higher priority.  If 
 11.14  a tie occurs in the number of points, priority shall be given to 
 11.15  the census tract with the higher percentage of population with 
 11.16  blood lead levels greater than ten micrograms of lead per 
 11.17  deciliter.  All local governmental units and boards of health 
 11.18  shall follow the priorities under this subdivision.  The 
 11.19  commissioner shall revise and update the priority list at least 
 11.20  every five years.  Points shall be awarded to each census tract 
 11.21  for each criteria, considered independently, as described in 
 11.22  section 144.8751, subdivision 9.  Points shall be awarded as 
 11.23  follows: 
 11.24     (a) In a census tract where at least 20 children have been 
 11.25  screened in the last five years, one point shall be awarded for 
 11.26  each ten percent of children who were under six years old at the 
 11.27  time they were screened for lead in blood and whose blood lead 
 11.28  level exceeds ten micrograms of lead per deciliter.  An 
 11.29  additional point shall be awarded if one percent of the children 
 11.30  had blood levels greater than 20 micrograms per deciliter of 
 11.31  blood.  Two points shall be awarded to a census tract, where the 
 11.32  blood lead screening has been inadequate, that is contiguous 
 11.33  with a census tract where more than ten percent of the children 
 11.34  under six years of age have blood lead levels exceeding ten 
 11.35  micrograms per deciliter. 
 11.36     (b) One point shall be awarded for every five percent of 
 12.1   housing that is defined as dilapidated or deteriorated by the 
 12.2   planning department or similar agency of the city in which the 
 12.3   housing is located.  Where data is available by neighborhood or 
 12.4   section within a city, the percent of dilapidated or 
 12.5   deteriorated housing shall apply equally to each census tract 
 12.6   within the neighborhood or section. 
 12.7      (c) One point shall be awarded for every 100 parts per 
 12.8   million of lead soil, based on the median soil lead values of 
 12.9   foundation soil samples, calculated on 100 parts per million 
 12.10  intervals, or fraction thereof.  For the cities of St. Paul and 
 12.11  Minneapolis, the commissioner shall use the June 1988 census 
 12.12  tract version of the houseside map entitled "Distribution of 
 12.13  Houseside Lead Content of Soil-Dust in the Twin Cities," 
 12.14  prepared by the center for urban and regional affairs.  Where 
 12.15  the map displays a census tract that is crossed by two or more 
 12.16  intervals, the commissioner shall make a reasoned determination 
 12.17  of the median foundation soil lead value for that tract.  Values 
 12.18  for census tracts may be updated by surveying the tract 
 12.19  according to the procedures under Minnesota Rules, part 
 12.20  4761.0400, subpart 8. 
 12.21     Sec. 8.  [144.8755] [ASSESSMENT AND ABATEMENT.] 
 12.22     Subdivision 1.  [RESIDENCE ASSESSMENT.] (a) A board of 
 12.23  health must conduct an assessment of a residence within ten 
 12.24  working days of receiving notification that the criteria in this 
 12.25  subdivision have been met, as confirmed by lead analysis of a 
 12.26  venous blood sample, to determine sources of lead exposure if: 
 12.27     (1) a pregnant woman in the residence is identified as 
 12.28  having a blood lead level of at least ten micrograms of lead per 
 12.29  deciliter of whole blood; 
 12.30     (2) a child in the residence is identified as having a 
 12.31  blood lead level at or above 20 micrograms per deciliter of 
 12.32  whole blood; or 
 12.33     (3) a child in the residence is identified as having a 
 12.34  blood lead level that persists in the range of 15 to 19 
 12.35  micrograms per deciliter of whole blood for 90 days after 
 12.36  initial identification.  In a building with two or more 
 13.1   residential units, a board of health must inspect the individual 
 13.2   unit in which the conditions of this subdivision are met and 
 13.3   must also inspect all common areas in the building.  Assessments 
 13.4   must be conducted by a board of health regardless of the 
 13.5   availability of state or federal appropriations for assessments. 
 13.6      (b) Within the limits of available state and federal 
 13.7   appropriations, a board of health shall also conduct home 
 13.8   assessments for children whose confirmed blood lead levels are 
 13.9   in the range of ten to 19 micrograms per deciliter.  A board of 
 13.10  health may assess a residence even if none of the three criteria 
 13.11  in this subdivision are met. 
 13.12     (c) If a child regularly spends several hours at one or 
 13.13  more other sites such as another residence, or a residential or 
 13.14  commercial child care facility, the board of health must also 
 13.15  assess the other sites.  The board of health shall have one 
 13.16  additional day to complete the assessment for each additional 
 13.17  site. 
 13.18     (d) The commissioner or boards of health must identify the 
 13.19  known addresses for the previous 12 months of the child or 
 13.20  pregnant woman with elevated blood lead levels and notify the 
 13.21  property owners at those addresses.  This information shall be 
 13.22  classified as private data on individuals as defined under 
 13.23  section 13.02, subdivision 12. 
 13.24     (e) The board of health must conduct the residential 
 13.25  assessment according to rules adopted by the commissioner under 
 13.26  section 144.8758.  A board of health must have residence 
 13.27  assessments performed by lead inspectors licensed by the 
 13.28  commissioner according to rules adopted under section 144.8758, 
 13.29  subdivision 4. 
 13.30     A board of health may observe the performance of lead 
 13.31  abatement in progress and may enforce the provisions of sections 
 13.32  144.8751 to 144.8761.  The staff complement of the department of 
 13.33  health shall be increased by two full-time equivalent positions 
 13.34  who shall be lead inspectors. 
 13.35     (f) A lead inspector must notify the commissioner or the 
 13.36  board of health of all violations under section 144.8758, 
 14.1   subdivision 2, that are identified in a residence assessment 
 14.2   under this section. 
 14.3      (g) The commissioner may provide laboratory or field lead 
 14.4   testing equipment to a board of health or may reimburse a board 
 14.5   of health for direct costs associated with assessments. 
 14.6      (h) Sections 144.8751 to 144.8761 neither authorize nor 
 14.7   prohibit a board of health from charging a property owner for 
 14.8   the cost of assessment. 
 14.9      Subd. 2.  [RESIDENTIAL LEAD ASSESSMENT GUIDE.] (a) The 
 14.10  commissioner of health shall develop or purchase a residential 
 14.11  lead assessment guide that enables parents and other caregivers 
 14.12  to assess the possible lead sources present and that suggests 
 14.13  lead abatement actions.  The guide must provide information on 
 14.14  safe abatement and disposal methods, sources of equipment, and 
 14.15  telephone numbers for additional information to enable the 
 14.16  persons to either perform the abatement or to intelligently 
 14.17  select an abatement contractor.  In addition, the guide must: 
 14.18     (1) meet the requirements of Minnesota laws and rules; 
 14.19     (2) be understandable at not more than an eighth grade 
 14.20  reading level; 
 14.21     (3) include information on all necessary safety precautions 
 14.22  for all lead source cleanup; and 
 14.23     (4) be the best available educational material. 
 14.24     (b) A board of health must provide the residential lead 
 14.25  assessment guide at no cost to: 
 14.26     (1) parents and other caregivers of children who are 
 14.27  identified as having blood lead levels of at least ten 
 14.28  micrograms per deciliter; and 
 14.29     (2) all property owners who are issued housing code orders 
 14.30  requiring abatement of lead sources, and all occupants of those 
 14.31  residences. 
 14.32     (c) A board of health must provide the residential lead 
 14.33  assessment guide on request to owners or occupants of 
 14.34  residential property within the jurisdiction of the board of 
 14.35  health. 
 14.36     Subd. 3.  [LEAD ABATEMENT ORDERS.] A board of health must 
 15.1   order a property owner to perform abatement on a lead source 
 15.2   that exceeds a standard adopted according to section 144.8758 at 
 15.3   the residence of a child with an elevated blood lead level or a 
 15.4   pregnant woman with a blood lead level of at least ten 
 15.5   micrograms per deciliter of whole blood.  If the paint standard 
 15.6   under section 144.8758 is violated, but the paint is intact, the 
 15.7   board of health must not order paint removal unless the intact 
 15.8   paint is a known source, or reasonably expected to be a source, 
 15.9   of actual lead exposure to a specific person.  Before the board 
 15.10  of health may order the intact paint to be removed, a reasonable 
 15.11  effort must be made to protect the child and preserve the intact 
 15.12  paint by the use of guards or other protective devices.  Lead 
 15.13  abatement orders must require that any source of damage, such as 
 15.14  leaking roofs, plumbing, and windows, must be repaired or 
 15.15  replaced, as needed, to prevent damage to lead-containing 
 15.16  interior surfaces.  The board of health is not required to pay 
 15.17  for lead abatement.  With each lead abatement order, the board 
 15.18  of health must coordinate with swab team abatement and provide a 
 15.19  residential lead abatement guide. 
 15.20     Subd. 4.  [SWAB TEAM SERVICES.] After issuing abatement 
 15.21  orders for a residence of a child or pregnant women with 
 15.22  elevated blood lead levels, the commissioner or a board of 
 15.23  health must send a swab team within ten working days to the 
 15.24  residence to perform swab team services as defined in section 
 15.25  144.8751, subdivision 15.  Boards of health may determine 
 15.26  priority for responding to cases of elevated blood lead levels.  
 15.27  If the commissioner or board of health provides swab team 
 15.28  services after an assessment, but before the issuance of an 
 15.29  abatement order, swab team services do not need to be repeated 
 15.30  after the issuance of an abatement order.  Swab team services 
 15.31  are not considered completed until the reassessment required 
 15.32  under this section shows no violation of one or more of the 
 15.33  standards under section 144.8758, subdivision 2.  If assessments 
 15.34  and abatement orders are conducted at times when weather or soil 
 15.35  conditions do not permit the assessment or abatement of lead in 
 15.36  soil, the residences shall have their soil assessed and abated, 
 16.1   if necessary, at the first opportunity that weather and soil 
 16.2   conditions allow. 
 16.3      Subd. 5.  [RELOCATION OF RESIDENTS.] (a) A board of health 
 16.4   must ensure that residents are relocated from rooms or dwellings 
 16.5   during abatement that generates leaded dust, such as removal or 
 16.6   disruption of lead-based paint or plaster that contains lead.  A 
 16.7   board of health is not required to pay for relocation unless 
 16.8   state or federal funding is available for this purpose.  
 16.9   Residents must be allowed to return to the residence or dwelling 
 16.10  after completion of abatement.  A board of health shall use 
 16.11  grant funds under section 144.8752, subdivision 3, in 
 16.12  cooperation with local housing agencies, to pay for moving costs 
 16.13  and rent for a temporary residence for any low-income resident 
 16.14  temporarily relocated during lead abatement.  For purposes of 
 16.15  this section, "low-income resident" means any resident whose 
 16.16  gross household income is at or below 185 percent of the federal 
 16.17  poverty level.  
 16.18     (b) Any resident of rental property who is notified by the 
 16.19  board of health to vacate the premises during lead abatement, 
 16.20  notwithstanding any rental agreement or lease provisions: 
 16.21     (1) shall not be required to pay rent due the landlord for 
 16.22  the period of time the tenant must vacate the premises; and 
 16.23     (2) may elect to immediately terminate the tenancy 
 16.24  effective on the date the tenant vacates the premises for lead 
 16.25  abatement, and shall not be liable for any further rent or other 
 16.26  charges due under the terms of the tenancy. 
 16.27     (c) A landlord of rental property in which tenants must 
 16.28  vacate the premises during lead abatement must: 
 16.29     (1) allow a tenant to return to the dwelling after lead 
 16.30  abatement and retesting, as required under subdivision 7, is 
 16.31  completed unless the tenant has elected to terminate the tenancy 
 16.32  under paragraph (b); and 
 16.33     (2) return any security deposit due under section 504.20 to 
 16.34  any tenant who terminates tenancy under paragraph (b) within 
 16.35  five days of the date the tenant vacates the unit. 
 16.36     Subd. 6.  [WARNING NOTICE; FINE.] A warning notice must be 
 17.1   posted on all entrances to properties for which an order to 
 17.2   abate a lead source has been issued by a board of health.  A 
 17.3   person who unlawfully removes a warning notice posted under this 
 17.4   section may be subject to a fine up to $250.  The warning notice 
 17.5   must be at least 8-1/2 by 11 inches in size and must include the 
 17.6   following language, or substantially similar language: 
 17.7      (a) "This property contains dangerous amounts of lead to 
 17.8   which children under age six and pregnant women should not be 
 17.9   exposed." 
 17.10     (b) "It is unlawful to remove or deface this warning." 
 17.11     (c) "Persons who remove or deface this warning are subject 
 17.12  to a $250 fine.  This warning may be removed only upon the 
 17.13  direction of the board of health." 
 17.14     Subd. 7.  [SERVICES AND RETESTING REQUIRED.] After 
 17.15  completion of swab team services and the lead abatement as 
 17.16  ordered, including any repairs ordered by a local housing or 
 17.17  building inspector, the board of health must retest the 
 17.18  residence to assure the violations no longer exist.  The board 
 17.19  of health is not required to test a residence after lead 
 17.20  abatement that was not ordered by the board of health. 
 17.21     Subd. 8.  [AUTHORITY OF COMMISSIONER.] The commissioner may 
 17.22  carry out the duties assigned to boards of health in 
 17.23  subdivisions 1 to 7. 
 17.24     Subd. 9.  [VOLUNTARY ABATEMENT.] The commissioner shall 
 17.25  enforce the rules under section 144.8758 in cases of voluntary 
 17.26  lead abatement. 
 17.27     Sec. 9.  [144.8756] [REGISTRATION AND LICENSING OF 
 17.28  ABATEMENT CONTRACTORS AND CERTIFICATION OF EMPLOYEES.] 
 17.29     Subdivision 1.  [LICENSING AND CERTIFICATION.] Abatement 
 17.30  contractors must obtain a license from the commissioner 
 17.31  according to forms and procedures prescribed by the 
 17.32  commissioner.  Employees of abatement contractors must obtain 
 17.33  certification from the commissioner.  The commissioner shall 
 17.34  specify training and testing requirements for licensure and 
 17.35  certification and shall charge a fee for the cost of issuing a 
 17.36  license or certificate and for training provided by the 
 18.1   commissioner. 
 18.2      Fees collected under this subdivision must be set in 
 18.3   amounts to be determined by the commissioner to cover but not 
 18.4   exceed the costs of adopting rules under section 144.8758, 
 18.5   subdivision 3, the costs of licensure, certification, and 
 18.6   training, and the costs of enforcing licenses and certificates 
 18.7   under this subdivision.  All fees received must be paid into the 
 18.8   state treasury and credited to the lead abatement licensing and 
 18.9   certification account and are appropriated to the commissioner 
 18.10  to cover costs incurred under this subdivision and section 
 18.11  144.8758, subdivision 3. 
 18.12     Subd. 2.  [LICENSED BUILDING CONTRACTOR; INFORMATION.] The 
 18.13  commissioner shall provide health and safety information on lead 
 18.14  abatement to all residential building contractors licensed under 
 18.15  section 326.84.  The information must include material on ways 
 18.16  to protect the health and safety of both employees working on 
 18.17  lead contaminated structures and residents of lead contaminated 
 18.18  structures. 
 18.19     Subd. 3.  [UNLICENSED ABATEMENT CONTRACTORS.] Contractors 
 18.20  may not advertise or otherwise present themselves as abatement 
 18.21  contractors unless they have abatement licenses issued by the 
 18.22  department of health under rules adopted under section 144.8758, 
 18.23  subdivision 3. 
 18.24     Subd. 4.  [NOTICE OF ABATEMENT.] At least five days before 
 18.25  starting work at each lead abatement worksite, a lead abatement 
 18.26  contractor shall give written notice to the commissioner and the 
 18.27  board of health. 
 18.28     Sec. 10.  [144.8757] [LEAD INSPECTORS; LICENSING.] 
 18.29     Subdivision 1.  [LICENSE REQUIRED.] No person may perform 
 18.30  the duties of a lead inspector unless the person is licensed by 
 18.31  the commissioner.  A license must be renewed annually and may 
 18.32  not be transferred.  A lead inspector shall have the inspector's 
 18.33  license readily available at all times at an assessment site and 
 18.34  make it available, upon request, for inspection by the 
 18.35  commissioner or by a member of the staff of a board of health 
 18.36  with jurisdiction over the site. 
 19.1      Subd. 2.  [LICENSE APPLICATION.] An application for license 
 19.2   or license renewal must be on a form provided by the 
 19.3   commissioner and must include: 
 19.4      (1) a $50 nonrefundable fee, in the form of a check; and 
 19.5      (2) evidence that the applicant has successfully completed 
 19.6   a lead inspector training course approved in subdivision 5, or 
 19.7   has, within the previous 180 days, successfully completed an 
 19.8   initial lead inspection training course.  The fee required in 
 19.9   this subdivision is waived for an employee of the federal, 
 19.10  state, or local government within Minnesota.  
 19.11     Subd. 3.  [LICENSE RENEWAL.] A license is valid for one 
 19.12  year from the issuance date unless the commissioner revokes or 
 19.13  suspends it.  An applicant must successfully complete either an 
 19.14  initial lead inspection training course or an annual refresher 
 19.15  lead inspection training course to apply for license renewal.  
 19.16     Subd. 4.  [LICENSE REPLACEMENT.] A licensed lead inspector 
 19.17  may obtain a replacement license by reapplying for a license.  A 
 19.18  replacement expires on the same date as the original license.  A 
 19.19  nonrefundable $25 fee is required with each replacement 
 19.20  application. 
 19.21     Subd. 5.  [APPROVAL OF LEAD INSPECTION COURSE.] A lead 
 19.22  inspection course sponsored by the United States Environmental 
 19.23  Protection Agency is an approved course for the purpose of this 
 19.24  section.  The commissioner may also approve lead inspector 
 19.25  courses offered by groups other than those approved by the 
 19.26  United States Environmental Protection Agency and shall charge a 
 19.27  fee to cover the costs of approving courses. 
 19.28     Sec. 11.  [144.8758] [RULES.] 
 19.29     Subdivision 1.  [SAMPLING AND ANALYSIS; RESIDENTIAL 
 19.30  ASSESSMENTS.] The commissioner shall adopt, by rule, sampling 
 19.31  and analysis methods for residential assessments under section 
 19.32  144.8755. 
 19.33     Subd. 2.  [LEAD STANDARDS AND ABATEMENT METHODS.] (a) The 
 19.34  commissioner shall adopt rules establishing standards and 
 19.35  abatement methods for lead in paint, dust, drinking water, and 
 19.36  soil in a manner that protects public health and the environment 
 20.1   for all residences, including residences also used for a 
 20.2   commercial purpose. 
 20.3      (b) The commissioner shall differentiate between intact 
 20.4   paint and deteriorating paint.  The commissioner and political 
 20.5   subdivisions shall require abatement of intact paint, only if 
 20.6   the commissioner or political subdivision finds that the intact 
 20.7   paint is on a chewable or lead-dust producing surface that is a 
 20.8   known source or reasonable expected to be a source of actual 
 20.9   lead exposure to a specific person.  The commissioner shall work 
 20.10  cooperatively with the commissioner of administration to 
 20.11  determine which practices under subdivision 7 may be used for 
 20.12  lead-safe work including preparation and cleanup.  The 
 20.13  commissioner shall work cooperatively with the commissioner of 
 20.14  the pollution control agency to develop disposal procedures.  In 
 20.15  adopting rules under this subdivision, the commissioner shall 
 20.16  require the best available technology for lead abatement 
 20.17  methods, paint stabilization, and repainting. 
 20.18     (c) The commissioner of health shall adopt standards and 
 20.19  abatement methods for lead in bare soil on playgrounds and 
 20.20  residential property in a manner to protect public health and 
 20.21  the environment.  The commissioner shall adopt a maximum 
 20.22  standard of 100 parts of lead per million in bare soil, unless 
 20.23  it is proven that a different standard provides greater 
 20.24  protection of public health. 
 20.25     (d) The commissioner of the pollution control agency shall 
 20.26  adopt rules to ensure that removal of exterior lead-based 
 20.27  coatings from residential property by abrasive blasting methods 
 20.28  is conducted in a manner that protects public health and the 
 20.29  environment. 
 20.30     (e) All standards adopted under this subdivision must 
 20.31  provide reasonable margins of safety that are consistent with a 
 20.32  detailed review of scientific evidence and an emphasis on 
 20.33  overprotection rather than underprotection when the scientific 
 20.34  evidence is ambiguous.  The rules must apply to any individual 
 20.35  performing or ordering the performance of lead abatement. 
 20.36     (f) No unit of local government may have an ordinance or 
 21.1   regulation governing lead abatement methods for lead in paint, 
 21.2   dust, or soil for residences and residential land that require a 
 21.3   different lead abatement standard or method than the lead 
 21.4   abatement standards established under sections 144.8751 to 
 21.5   144.8761. 
 21.6      (g) The commissioner shall adopt standards and abatement 
 21.7   methods for lead in drinking water in a manner to protect the 
 21.8   public health and the environment.  The commissioner shall adopt 
 21.9   rules for controlling lead in drinking water as contained in 
 21.10  Code of Federal Regulations, title 40, part 141.  Samples 
 21.11  collected for the purposes of lead analysis of drinking water 
 21.12  shall be done in accordance with lab certification requirements 
 21.13  and analytical techniques specified by the Code of Federal 
 21.14  Regulations, title 40, section 141.89. 
 21.15     Subd. 3.  [LEAD ABATEMENT CONTRACTORS, AND EMPLOYEES.] The 
 21.16  commissioner shall adopt rules to license lead abatement 
 21.17  contractors and to certify employees of lead abatement 
 21.18  contractors who perform abatement, and to certify lead abatement 
 21.19  trainers who provide lead abatement training for lead 
 21.20  contractors, employees, or other lead abatement trainers.  All 
 21.21  lead abatement training must include a hands-on component and 
 21.22  instruction on the health effects of lead exposure, the use of 
 21.23  personal protective equipment, workplace hazards and safety 
 21.24  problems, abatement methods and work practices, decontamination 
 21.25  procedures, cleanup and waste disposal procedures, lead 
 21.26  monitoring and testing methods, and legal rights and 
 21.27  responsibilities.  The commissioner shall adopt rules to approve 
 21.28  lead abatement training courses and to charge a fee for 
 21.29  approval.  At least 30 days before publishing initial notice of 
 21.30  proposed rules under this subdivision on the licensing of lead 
 21.31  abatement contractors, the commissioner shall submit the rules 
 21.32  to the chairs of the health and human services committee in the 
 21.33  house of representatives and the health care committee in the 
 21.34  senate, and to any legislative committee on licensing created by 
 21.35  the legislature. 
 21.36     Subd. 4.  [LEAD INSPECTOR.] The commissioner may adopt 
 22.1   rules to implement section 144.8757, including rules for setting 
 22.2   fees for licenses and license renewals and rules for approving 
 22.3   initial lead inspection training courses and annual refresher 
 22.4   lead inspection training courses. 
 22.5      Subd. 5.  [VARIANCES.] In adopting the rules required by 
 22.6   subdivision 2, the commissioners of health and the pollution 
 22.7   control agency shall provide variance procedures to allow for 
 22.8   use of innovative abatement methods.  A person who proposes an 
 22.9   innovative abatement method must justify the need for the 
 22.10  variance and must comply with the standards established in rules 
 22.11  adopted under this section. 
 22.12     Subd. 6.  [RESIDENTIAL RENOVATION AND REMODELING.] A person 
 22.13  who performs painting, renovation, rehabilitation, remodeling, 
 22.14  demolition, or other residential work that is not lead abatement 
 22.15  need not be a licensed lead abatement contractor.  After July 1, 
 22.16  1995, a person who performs work that removes intact paint on 
 22.17  residences built before February 27, 1978, must determine 
 22.18  whether lead sources are present.  This determination may be 
 22.19  made by quantitative chemical analysis, X-ray florescence 
 22.20  analyzer, or chemical spot test using sodium rhodizonate.  A 
 22.21  person does not have to be licensed as a lead inspector to use 
 22.22  sodium rhodizonate for this purpose.  If lead sources are 
 22.23  identified, the work must be performed in accordance with the 
 22.24  standard in subdivision 2, as modified by the program directives 
 22.25  developed under this section.  An owner of an owner-occupied 
 22.26  residence with one or two units is not subject to the 
 22.27  requirements under this subdivision. 
 22.28     Subd. 7.  [LEAD ABATEMENT AND LEAD-SAFE WORK 
 22.29  DIRECTIVES.] (a) In order to achieve statewide consistency in 
 22.30  the application of lead abatement standards, the commissioner 
 22.31  shall issue program directives that interpret the application of 
 22.32  rules under section 144.8758 in ambiguous or unusual lead 
 22.33  abatement situations.  These directives are guidelines to local 
 22.34  boards of health.  The commissioner shall periodically review 
 22.35  the evaluation of lead abatement orders and the program 
 22.36  directives to determine if the rules under section 144.8758 need 
 23.1   to be amended to reflect new understanding of lead abatement 
 23.2   practices and methods. 
 23.3      (b) By July 1, 1995, the commissioner shall develop in 
 23.4   cooperation with the commissioner of administration provisions, 
 23.5   procedures, and directives to define residential remodeling, 
 23.6   renovation, installation, and rehabilitation activities that are 
 23.7   not lead abatement but may disrupt lead-based paint surfaces.  
 23.8   The directives and provisions must define lead-safe procedures 
 23.9   for nonlead abatement activities including preparation, cleanup, 
 23.10  and disposal procedures.  The directives must be based on the 
 23.11  different levels and types of work involved and the potential 
 23.12  for lead hazards.  The directives must address activities 
 23.13  including, but not limited to, painting, remodeling, 
 23.14  weatherization, installation of cable, wire, plumbing, and gas, 
 23.15  and replacement of doors and windows.  The commissioners of 
 23.16  health and administration shall consult with representatives of 
 23.17  builders, weatherization providers, nonprofit rehabilitation 
 23.18  organizations, a representative of each of the affected trades, 
 23.19  and housing and redevelopment authorities in developing the 
 23.20  directives and procedures.  This group shall also make 
 23.21  recommendations for consumer and contractor education and 
 23.22  training.  Directives developed under this section are exempt 
 23.23  from chapter 14.  The commissioner of health shall report to the 
 23.24  legislature by February 15, 1995, regarding development of the 
 23.25  provisions required under this subdivision. 
 23.26     Sec. 12.  [144.8759] [ENFORCEMENT.] 
 23.27     Subdivision 1.  [DISCRIMINATION.] A person who 
 23.28  discriminates against or otherwise sanctions an employee who 
 23.29  complains to or cooperates with the commissioner in 
 23.30  administering sections 144.8751 to 144.8761 is guilty of a 
 23.31  misdemeanor. 
 23.32     Subd. 2.  [EXEMPTIONS.] The provisions of sections 144.8756 
 23.33  and 144.8758, subdivision 3, do not apply to homeowners, 
 23.34  apartment owners, farmers, and small business persons with 50 or 
 23.35  fewer employees who do their own maintenance and remodeling 
 23.36  work, or to small contractors, excluding lead abatement 
 24.1   contractors.  Exemptions under this section also apply to 
 24.2   purchasers of one or two unit residences.  Nothing in this 
 24.3   section affects any federal grant from the Department of Housing 
 24.4   and Urban Development or state financed swab teams. 
 24.5      Subd. 3.  [ENFORCEMENT AND STATUS REPORT.] The commissioner 
 24.6   shall examine compliance with Minnesota's existing lead 
 24.7   standards and rules and report to the legislature biennially, 
 24.8   beginning February 15, 1993, including an evaluation of current 
 24.9   lead program activities by the state and boards of health, the 
 24.10  need for any additional enforcement procedures, recommendations 
 24.11  on developing a method to enforce compliance with lead standards 
 24.12  and cost estimates for any proposed enforcement procedure.  The 
 24.13  report must also include a geographic analysis of all blood lead 
 24.14  assays showing incidence data and environmental analyses 
 24.15  reported or collected by the commissioner. 
 24.16     Sec. 13.  [144.8761] [ALLOCATION OF FEDERAL LEAD ABATEMENT 
 24.17  FUNDS.] 
 24.18     To the extent practicable under federal guidelines, the 
 24.19  commissioner of health shall coordinate with the commissioner of 
 24.20  housing finance so that at least 50 percent of federal lead 
 24.21  abatement funds are allocated for swab teams as defined in 
 24.22  section 144.8751, subdivision 15.  Priority for funding swab 
 24.23  teams shall be given to contractors who hire residents from 
 24.24  neighborhoods where the contractor is providing lead abatement 
 24.25  services. 
 24.26     To the extent practicable under federal guidelines, the 
 24.27  commissioner of health may use federal funding for local boards 
 24.28  of health for lead screening, lead assessment, and lead 
 24.29  abatement only to the extent that the federal funds do not 
 24.30  replace existing funding for these lead services. 
 24.31     Sec. 14.  Minnesota Statutes 1994, section 144.99, 
 24.32  subdivision 1, is amended to read: 
 24.33     Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
 24.34  chapters 103I and 157 and sections 115.71 to 115.82; 144.12, 
 24.35  subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), 
 24.36  (14), and (15); 144.121; 144.35; 144.381 to 144.385; 144.411 to 
 25.1   144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 to 
 25.2   144.878 144.8751 to 144.8761; 144.992; 326.37 to 326.45; 326.57 
 25.3   to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all 
 25.4   rules, orders, stipulation agreements, settlements, compliance 
 25.5   agreements, licenses, registrations, certificates, and permits 
 25.6   adopted or issued by the department or under any other law now 
 25.7   in force or later enacted for the preservation of public health 
 25.8   may, in addition to provisions in other statutes, be enforced 
 25.9   under this section. 
 25.10     Sec. 15.  Minnesota Statutes 1994, section 268.92, 
 25.11  subdivision 1, is amended to read: 
 25.12     Subdivision 1.  [DEFINITIONS.] For the purposes of this 
 25.13  section, the following terms have the meanings given them. 
 25.14     (a) "Certified trainer" means a lead trainer certified by 
 25.15  the commissioner of health under section 144.878 144.8758, 
 25.16  subdivision 5 3. 
 25.17     (b) "Certified worker" means a lead abatement worker 
 25.18  certified by the commissioner of health under section 144.878 
 25.19  144.8756, subdivision 5 1. 
 25.20     (c) "Commissioner" means the commissioner of economic 
 25.21  security. 
 25.22     (d) "Eligible organization" means a licensed contractor, 
 25.23  certified trainer, city, board of health, community health 
 25.24  department, community action agency as defined in section 
 25.25  268.52, or community development corporation. 
 25.26     (e) "High risk for toxic lead exposure" has the meaning 
 25.27  given in section 144.871 144.8751, subdivision 7a 9. 
 25.28     (f) "Licensed contractor" means a contractor licensed by 
 25.29  the department of health under section 144.876 144.8756, 
 25.30  subdivision 1. 
 25.31     (g) "Removal and replacement abatement" means lead 
 25.32  abatement on residential property that requires retrofitting and 
 25.33  conforms to the rules established under section 144.878 144.8758.
 25.34     (h) "Swab team" has the meaning given in section 144.871 
 25.35  144.8751, subdivision 9 15. 
 25.36     Sec. 16.  Minnesota Statutes 1994, section 268.92, 
 26.1   subdivision 3, is amended to read: 
 26.2      Subd. 3.  [APPLICANTS.] (a) Interested eligible 
 26.3   organizations may apply to the commissioner for grants under 
 26.4   this section.  Two or more eligible organizations may jointly 
 26.5   apply for a grant.  Priority shall be given to community action 
 26.6   agencies in greater Minnesota and to either community action 
 26.7   agencies or neighborhood based nonprofit organizations in cities 
 26.8   of the first class.  3.75 percent of the total allocation may be 
 26.9   used for administrative costs.  Applications must provide 
 26.10  information requested by the commissioner, including at least 
 26.11  the information required to assess the factors listed in 
 26.12  paragraph (d).  
 26.13     (b) The commissioner of economic security shall coordinate 
 26.14  with the commissioner of health and local boards of health to 
 26.15  provide swab team services.  Swab teams, administered by the 
 26.16  commissioner of economic security, that are not engaged daily in 
 26.17  fulfilling the requirements of section 144.872 144.8755, 
 26.18  subdivision 5 4, must deliver swab team services in census 
 26.19  tracts known to be at high risk for toxic lead exposure. 
 26.20     (c) Any additional grants shall be made to establish swab 
 26.21  teams for primary prevention, without environmental lead 
 26.22  testing, in census tracts at high risk for toxic lead exposure.  
 26.23     (d) In evaluating grant applications, the commissioner 
 26.24  shall consider the following criteria: 
 26.25     (1) the use of licensed contractors and certified lead 
 26.26  abatement workers for residential lead abatement; 
 26.27     (2) the participation of neighborhood groups and 
 26.28  individuals, as swab team members, in areas at high risk for 
 26.29  toxic lead exposure; 
 26.30     (3) plans for the provision of primary prevention through 
 26.31  swab team services in areas at high risk for toxic lead exposure 
 26.32  on a census tract basis without environmental lead testing; 
 26.33     (4) plans for supervision, training, career development, 
 26.34  and postprogram placement of swab team members; 
 26.35     (5) plans for resident and property owner education on lead 
 26.36  safety; 
 27.1      (6) plans for distributing cleaning supplies to area 
 27.2   residents and educating residents and property owners on 
 27.3   cleaning techniques; 
 27.4      (7) cost estimates for training, swab team services, 
 27.5   equipment, monitoring, and administration; 
 27.6      (8) measures of program effectiveness; and 
 27.7      (9) coordination of program activities with other federal, 
 27.8   state, and local public health, job training, apprenticeship, 
 27.9   and housing renovation programs including the emergency jobs 
 27.10  program under sections 268.672 to 268.881. 
 27.11     Sec. 17.  Minnesota Statutes 1994, section 268.92, 
 27.12  subdivision 4, is amended to read: 
 27.13     Subd. 4.  [LEAD ABATEMENT CONTRACTORS.] (a) Eligible 
 27.14  organizations and licensed lead abatement contractors may 
 27.15  participate in the lead abatement program.  An organization 
 27.16  receiving a grant under this section must assure that all 
 27.17  participating contractors are licensed and that all swab team, 
 27.18  and removal and replacement employees are certified by the 
 27.19  department of health under section 144.878 144.8756, subdivision 
 27.20  5 1.  Organizations and licensed contractors may distinguish 
 27.21  between interior and exterior services in assigning duties and 
 27.22  may participate in the program by: 
 27.23     (1) providing on-the-job training for swab teams; 
 27.24     (2) providing swab team services to meet the requirements 
 27.25  of section 144.872; 
 27.26     (3) providing removal and replacement abatement using 
 27.27  skilled craft workers; 
 27.28     (4) providing primary prevention, without environmental 
 27.29  lead testing, in census tracts at high risk for toxic lead 
 27.30  exposure; 
 27.31     (5) providing lead dust cleaning supplies, as described in 
 27.32  section 144.872 144.8752, subdivision 4, to residents; or 
 27.33     (6) instructing residents and property owners on 
 27.34  appropriate lead control techniques.  
 27.35     (b) Participating licensed contractors must: 
 27.36     (1) demonstrate proof of workers' compensation and general 
 28.1   liability insurance coverage; 
 28.2      (2) be knowledgeable about lead abatement requirements 
 28.3   established by the Department of Housing and Urban Development 
 28.4   and the Occupational Safety and Health Administration; 
 28.5      (3) demonstrate experience with on-the-job training 
 28.6   programs; 
 28.7      (4) demonstrate an ability to recruit employees from areas 
 28.8   at high risk for toxic lead exposure; and 
 28.9      (5) demonstrate experience in working with low-income 
 28.10  clients. 
 28.11     Sec. 18.  Minnesota Statutes 1994, section 268.92, 
 28.12  subdivision 6, is amended to read: 
 28.13     Subd. 6.  [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 
 28.14  established under this section must provide on-the-job training 
 28.15  for swab teams.  Training methods must follow procedures 
 28.16  established under section 144.878 144.8758, subdivision 5 3.  
 28.17     (b) Swab team members must receive monetary compensation 
 28.18  equal to the prevailing wage as defined in section 177.42, 
 28.19  subdivision 6, for comparable jobs in the licensed contractor's 
 28.20  principal business. 
 28.21     Sec. 19.  Minnesota Statutes 1994, section 268.92, 
 28.22  subdivision 7, is amended to read: 
 28.23     Subd. 7.  [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within 
 28.24  the limits of the available appropriation, programs may be 
 28.25  established if a need is identified for removal and replacement 
 28.26  abatement in residential properties.  All removal and 
 28.27  replacement abatement must be done using least-cost methods that 
 28.28  meet the standards of section 144.878 144.8758, subdivision 2.  
 28.29  Removal and replacement abatement must be done by licensed lead 
 28.30  abatement contractors.  All craft work that requires a state 
 28.31  license must be supervised by a person with a state license in 
 28.32  the craft work being supervised. 
 28.33     (b) The program design must: 
 28.34     (1) identify the need for trained swab team workers and 
 28.35  removal and replacement abatement workers; 
 28.36     (2) describe plans to involve appropriate groups in 
 29.1   designing methods to meet the need for trained lead abatement 
 29.2   workers; and 
 29.3      (3) include an examination of how program participants may 
 29.4   achieve certification as a part of the work experience and 
 29.5   training component.  Certification may be achieved through 
 29.6   licensing, apprenticeship, or other education programs. 
 29.7      Sec. 20.  [REPEALER.] 
 29.8      Minnesota Statutes 1994, sections 144.871; 144.872; 
 29.9   144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 
 29.10  144.8782; and 144.879, are repealed.