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SF 1014

1st Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - 1st Engrossment

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A bill for an act
relating to children's environmental health; modifying the lead abatement
program; appropriating money; amending Minnesota Statutes 2006, section
144.9512.

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

Section 1.

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


144.9512 LEAD ABATEMENT PROGRAM.

Subdivision 1.

Definitions.

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

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

deleted text begin (c)deleted text end "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 .

Subd. 2.

Grants; administration.

Within the limits of the available appropriation,
the commissioner deleted text begin must develop a swab team services program which maydeleted text end new text begin shallnew text end make
deleted text begin demonstration and trainingdeleted text end grants to deleted text begin eligible organizationsdeleted text end new text begin a nonprofit organization new text end to train
workers to provide swab team services deleted text begin and swab team servicesdeleted text end for residential property.
deleted text begin Grants may be awarded to nonprofit organizations to provide technical assistance and
training to ensure quality and consistency within the statewide program. 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

deleted text begin Subd. 3. deleted text end

deleted text begin Applicants. deleted text end

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

deleted text begin (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 deleted text begin 144.9504, subdivision 6deleted text end , 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 deleted text begin 144.9504, subdivision 6deleted text end , must deliver swab team services in
response to elevated blood lead levels as defined in section deleted text begin 144.9501, subdivision 9deleted text end ,
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
deleted text begin 144.9503, subdivision 2deleted text end .
deleted text end

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

deleted text begin (d) In evaluating grant applications, the commissioner must consider the following
criteria:
deleted text end

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

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

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

deleted text begin (4) plans for supervision, training, career development, and postprogram placement
of swab team members;
deleted 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) prior experience in providing swab team services.
deleted text end

Subd. 4.

deleted text begin Lead supervisor or certified firmdeleted text end new text begin Eligible grant activitiesnew text end .

(a) deleted text begin Eligible
organizations and lead supervisors or certified firms may participate in the swab team
program. An eligible organization
deleted text end new text begin The nonprofitnew text end receiving a grant under this section
must deleted text begin assuredeleted text end new text begin ensurenew text end that all participating lead supervisors or certified firms are licensed
and that all swab team workers are certified by the Department of Health under section
144.9505. deleted text begin Eligible organizations and lead supervisors or certified firms may distinguish
between interior and exterior services in assigning duties and
deleted text end new text begin The nonprofit organizationnew text end
may participate in the program by:

(1) providing on-the-job training for swab team workers;

(2) providing swab team services to meet the requirements of sections 144.9503,
subdivision 4
, and 144.9504, subdivision 6;

(3) providing deleted text begin a removal and replacement component using skilled craft workers
under subdivision 7
deleted text end new text begin lead hazard reduction to meet the requirements of section 144.9501,
subdivision 17
new text end ;

deleted text begin (4) providing lead testing according to subdivision 8;
deleted text end

deleted text begin (5)deleted text end new text begin (4)new text end providing lead dust deleted text begin cleaning suppliesdeleted text end new text begin cleanup equipment and materialsnew text end , as
described in section deleted text begin 144.9507deleted text end new text begin 144.9503new text end , subdivision deleted text begin 4deleted text end deleted text begin , paragraph (c)deleted text end new text begin 1new text end , to residents; deleted text begin ordeleted text end

deleted text begin (6)deleted text end new text begin (5)new text end having a swab team worker instruct residents and property owners on
appropriate lead control techniques, including the lead-safe directives developed by the
commissioner of healthdeleted text begin .deleted text end new text begin ;
new text end

new text begin (6) conducting blood lead testing events including screening children and pregnant
women according to Department of Health screening guidelines;
new text end

new text begin (7) performing case management services according to Department of Health case
management guidelines; or
new text end

new text begin (8) conducting mandated risk assessments under Minnesota Statutes, section
144.9504, subdivision 2.
new text end

deleted text begin (b) Participating lead supervisors or certified firms must:
deleted text end

deleted text begin (1) demonstrate proof of workers' compensation and general liability insurance
coverage;
deleted text end

deleted text begin (2) be knowledgeable about lead abatement requirements established by the
Department of Housing and Urban Development and the Occupational Safety and Health
Administration and lead hazard reduction requirements and lead-safe directives of the
commissioner of health;
deleted text end

deleted text begin (3) demonstrate experience with on-the-job training programs;
deleted text end

deleted text begin (4) demonstrate an ability to recruit employees from areas at high risk for toxic
lead exposure; and
deleted text end

deleted text begin (5) demonstrate experience in working with low-income clients.
deleted text end

Subd. 5.

Swab team workers.

Each worker engaged in swab team services
established under this section must have blood lead concentrations below 15 micrograms
of lead per deciliter of whole blood as determined by a baseline blood lead screening.
deleted text begin Anydeleted text end new text begin The nonprofitnew text end organization receiving a grant under this section is responsible for lead
screening and must deleted text begin assuredeleted text end new text begin ensurenew text end that all swab team workers meet the standards established
in this subdivision. deleted text begin Granteesdeleted text end new text begin The nonprofit organizationnew text end must use appropriate workplace
procedures including following the lead-safe directives developed by the commissioner of
health to reduce risk of elevated blood lead levels. deleted text begin Granteesdeleted text end new text begin The nonprofit organizationnew text end
and participating contractors must report all employee blood lead levels that exceed 15
micrograms of lead per deciliter of whole blood to the commissioner of health.

deleted text begin Subd. 6. deleted text end

deleted text begin On-the-job training component. deleted text end

deleted text begin (a) Programs established under this
section must provide on-the-job training for swab team workers.
deleted text end

deleted text begin (b) Swab team workers must receive monetary compensation equal to the prevailing
wage as defined in section deleted text begin 177.42, subdivision 6deleted text end , for comparable jobs in the licensed
contractor's principal business.
deleted text end

deleted text begin Subd. 7. deleted text end

deleted text begin Removal and replacement component. deleted text end

deleted text begin (a) Within the limits of the
available appropriation and if a need is identified by a lead inspector, the commissioner
may establish a component for removal and replacement of deteriorated paint in residential
properties according to the following criteria:
deleted text end

deleted text begin (1) components within a residence must have both deteriorated lead-based paint and
substrate damage beyond repair or rotting wooden framework to be eligible for removal
and replacement;
deleted text end

deleted text begin (2) all removal and replacement must be done using least-cost methods and
following lead-safe directives;
deleted text end

deleted text begin (3) whenever windows and doors or other components covered with deteriorated
lead-based paint have sound substrate or are not rotting, those components should be
repaired, sent out for stripping, planed down to remove deteriorated lead-based paint, or
covered with protective guards instead of being replaced, provided that such an activity is
the least-cost method of providing the swab team service;
deleted text end

deleted text begin (4) removal and replacement or repair must be done by lead contractors using skilled
craft workers or trained swab team members; and
deleted text end

deleted text begin (5) all craft work that requires a state license must be supervised by a person with
a state license in the craft work being supervised. The grant recipient may contract for
this supervision.
deleted text end

deleted text begin (b) The program design must:
deleted text end

deleted text begin (1) identify the need for on-the-job training of swab team workers to be removal and
replacement workers; and
deleted text end

deleted text begin (2) describe plans to involve appropriate groups in designing methods to meet the
need for training swab team workers.
deleted text end

deleted text begin Subd. 8. deleted text end

deleted text begin Testing and evaluation. deleted text end

deleted text begin (a) Testing of the environment is not necessary
by swab teams whose work is assigned by the commissioner of health or a designated
board of health under section . The commissioner of health or designated board
of health must share the analytical testing data collected on each residence for purposes
of secondary prevention under section with the swab team workers in order to
provide constructive feedback on their work and to the commissioner for the purposes
set forth in paragraph (c).
deleted text end

deleted text begin (b) For purposes of primary prevention evaluation, the following samples must be
collected: pretesting and posttesting of one noncarpeted floor dust lead sample and a
notation of the extent and location of bare soil and of deteriorated lead-based paint. The
analytical testing data collected on each residence for purposes of primary prevention
under section must be shared with the swab team workers in order to provide
constructive feedback on their work and to the commissioner for the purposes set forth in
paragraph (c).
deleted text end

deleted text begin (c) The commissioner of health must establish a program to collect appropriate data
as required under paragraphs (a) and (b), in order to conduct an ongoing evaluation of
swab team services for primary and secondary prevention. Within the limits of available
appropriations, the commissioner of health must conduct on up to 1,000 residences which
have received primary or secondary prevention swab team services, a postremediation
evaluation, on at least a quarterly basis for a period of at least two years for each residence.
The evaluation must note the condition of the paint within the residence, the extent of bare
soil on the grounds, and collect and analyze one noncarpeted floor dust lead sample.
The data collected must be evaluated to determine the efficacy of providing swab team
services as a method of reducing lead exposure in young children. In evaluating this data,
the commissioner of health must consider city size, community location, historic traffic
flow, soil lead level of the property by area or census tract, distance to industrial point
sources that emit lead, season of the year, age of the housing, age and number of children
living at the residence, the presence of pets that move in and out of the residence, and
other relevant factors as the commissioner of health may determine.
deleted text end

Subd. 9.

Program benefits.

As a condition of providing swab team services under
this section, deleted text begin andeleted text end new text begin the nonprofitnew text end organization may require a property owner to not increase
rents on a property solely as a result of a substantial improvement made with public
funds under the programs in this section.

Subd. 10.

Requirements of deleted text begin organizations receiving grantsdeleted text end new text begin the nonprofit
organization
new text end .

deleted text begin An eligibledeleted text end new text begin The nonprofitnew text end organization that is awarded a deleted text begin training and
demonstration
deleted 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. 2. new text begin APPROPRIATION.
new text end

new text begin $500,000 is appropriated from the general fund in each fiscal year of the 2008-2009
biennium to the commissioner of health for a grant to a nonprofit organization that receives
AmeriCorps designation for lead hazard reduction under Minnesota Statutes, section
144.9512. Any balance in the first year does not cancel but is available in the second year.
new text end

Sec. 3. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall change the range reference "144.9501 to 144.9509"
to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and
Minnesota Rules.
new text end