SF 1206

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to health; providing for the prevention of 
  1.3             lead poisoning; requiring certain assessments; 
  1.4             providing for enforcement; creating a lead-safe 
  1.5             housing registry; amending Minnesota Statutes 2002, 
  1.6             sections 144.9501, by adding a subdivision; 144.9502, 
  1.7             subdivision 3, by adding a subdivision; 144.9503, 
  1.8             subdivision 7; 144.9504, subdivision 2; 144.9505, 
  1.9             subdivision 1b; 144.9509, by adding subdivisions; 
  1.10            proposing coding for new law in Minnesota Statutes, 
  1.11            chapter 144. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 2002, section 144.9501, is 
  1.14  amended by adding a subdivision to read: 
  1.15     Subd. 3a.  [AFFECTED PROPERTY.] "Affected property" means a 
  1.16  room or group of rooms within a property constructed before 1978 
  1.17  that form a single independent habitable dwelling unit for 
  1.18  occupation by one or more individuals that has living facilities 
  1.19  with permanent provisions for living, sleeping, eating, cooking, 
  1.20  and sanitation.  Affected property does not include:  
  1.21     (1) an area not used for living, sleeping, eating, cooking, 
  1.22  or sanitation, such as an unfinished basement; 
  1.23     (2) a unit within a hotel, motel, or similar seasonal or 
  1.24  transient facility unless such unit is occupied by one or more 
  1.25  children under the age of six or pregnant women for a period 
  1.26  exceeding 30 days; 
  1.27     (3) an area that is secured and inaccessible to occupants; 
  1.28  or 
  2.1      (4) a unit that is not offered for rent.  
  2.2      Affected property excludes any property owned or operated 
  2.3   by a unit of federal, state, or local government, or any public, 
  2.4   quasipublic, or municipal corporation, if the property is 
  2.5   subject to lead standards that are equal to, or more stringent 
  2.6   than, the requirements for lead-safe status under section 
  2.7   144.9511, subdivision 3.  
  2.8      Sec. 2.  Minnesota Statutes 2002, section 144.9502, 
  2.9   subdivision 3, is amended to read: 
  2.10     Subd. 3.  [REPORTS OF BLOOD LEAD ANALYSIS REQUIRED.] (a) 
  2.11  Every hospital, medical clinic, medical laboratory, other 
  2.12  facility, or individual performing blood lead analysis shall 
  2.13  report the results after the analysis of each specimen analyzed, 
  2.14  for both capillary and venous specimens, and epidemiologic 
  2.15  information required in this section to the commissioner of 
  2.16  health, within the time frames set forth in clauses (1) and (2): 
  2.17     (1) within two working days by telephone, fax, or 
  2.18  electronic transmission, with written or electronic confirmation 
  2.19  within one month, for a venous blood lead level, determined by 
  2.20  one venous blood sample or two capillary blood samples, equal to 
  2.21  or greater than 15 ten micrograms of lead per deciliter of whole 
  2.22  blood; or 
  2.23     (2) within one month in writing or by electronic 
  2.24  transmission, for any single capillary result or for a venous 
  2.25  blood lead level less than 15 ten micrograms of lead per 
  2.26  deciliter of whole blood.  
  2.27     (b) If a blood lead analysis is performed outside of 
  2.28  Minnesota and the facility performing the analysis does not 
  2.29  report the blood lead analysis results and epidemiological 
  2.30  information required in this section to the commissioner, the 
  2.31  provider who collected the blood specimen must satisfy the 
  2.32  reporting requirements of this section.  For purposes of this 
  2.33  section, "provider" has the meaning given in section 62D.02, 
  2.34  subdivision 9. 
  2.35     (c) The commissioner shall coordinate with hospitals, 
  2.36  medical clinics, medical laboratories, and other facilities 
  3.1   performing blood lead analysis to develop a universal reporting 
  3.2   form and mechanism. 
  3.3      Sec. 3.  Minnesota Statutes 2002, section 144.9502, is 
  3.4   amended by adding a subdivision to read: 
  3.5      Subd. 10.  [COMMISSIONER TO MAINTAIN RECORDS OF SCREENINGS 
  3.6   AND INFORM DESIGNATED INDIVIDUALS.] (a) The commissioner shall 
  3.7   maintain comprehensive records of all screenings conducted 
  3.8   according to this section.  The records shall be indexed 
  3.9   geographically and by owner to determine the location of areas 
  3.10  of relatively high incidence of lead poisoning and other 
  3.11  elevated blood lead levels.  Summary data, as defined under 
  3.12  section 13.02, subdivision 19, compiled under this paragraph are 
  3.13  public records, notwithstanding subdivision 9.  
  3.14     (b) All cases or probable cases of lead poisoning, as 
  3.15  defined by rule, found in the course of screenings conducted 
  3.16  according to this section shall be reported immediately to the 
  3.17  affected individual, to the person's parent or legal guardian if 
  3.18  the person is a minor, and to the commissioner.  
  3.19     Sec. 4.  Minnesota Statutes 2002, section 144.9503, 
  3.20  subdivision 7, is amended to read: 
  3.21     Subd. 7.  [LEAD-SAFE PRACTICES INFORMATION.] (a) The 
  3.22  commissioner shall develop and maintain in cooperation with the 
  3.23  commissioner of administration provisions and procedures to 
  3.24  define lead-safe practices information for residential 
  3.25  remodeling, renovation, installation, and rehabilitation 
  3.26  activities that are not lead hazard reduction, but may disrupt 
  3.27  lead-based paint surfaces and guidance documents for the 
  3.28  regulated industry.  The commissioner shall maintain a list of 
  3.29  available training opportunities in lead-safe practices. 
  3.30     (b) When an application is made to a local permitting 
  3.31  authority for a permit allowing for residential remodeling, 
  3.32  renovation, installation, or rehabilitation in a home built 
  3.33  before 1978, the local permitting authority must distribute a 
  3.34  fact sheet specifying the lead-safe practices developed under 
  3.35  paragraph (a) and listing available training opportunities. 
  3.36     Sec. 5.  Minnesota Statutes 2002, section 144.9504, 
  4.1   subdivision 2, is amended to read: 
  4.2      Subd. 2.  [LEAD RISK ASSESSMENT.] (a) An assessing agency 
  4.3   shall conduct a lead risk assessment of a residence according to 
  4.4   the venous blood lead level, determined by one venous blood 
  4.5   sample or two capillary blood samples, and time frame set forth 
  4.6   in clauses (1) to (5) (4) for purposes of secondary prevention: 
  4.7      (1) within 48 hours of a child or pregnant female in the 
  4.8   residence being identified to the agency as having a venous 
  4.9   blood lead level equal to or greater than 70 micrograms of lead 
  4.10  per deciliter of whole blood; 
  4.11     (2) within five working days of a child or pregnant female 
  4.12  in the residence being identified to the agency as having a 
  4.13  venous blood lead level equal to or greater than 45 micrograms 
  4.14  of lead per deciliter of whole blood; 
  4.15     (3) within ten working days of a child in the residence 
  4.16  being identified to the agency as having a venous blood lead 
  4.17  level equal to or greater than 20 ten micrograms of lead per 
  4.18  deciliter of whole blood; 
  4.19     (4) within ten working days of a child in the residence 
  4.20  being identified to the agency as having a venous blood lead 
  4.21  level that persists in the range of 15 to 19 micrograms of lead 
  4.22  per deciliter of whole blood for 90 days after initial 
  4.23  identification; or 
  4.24     (5) (4) within ten working days of a pregnant female in the 
  4.25  residence being identified to the agency as having a venous 
  4.26  blood lead level equal to or greater than ten micrograms of lead 
  4.27  per deciliter of whole blood.  
  4.28     (b) Within the limits of available local, state, and 
  4.29  federal appropriations, an assessing agency may also conduct a 
  4.30  lead risk assessment for children with any elevated blood lead 
  4.31  level less than ten micrograms of lead per deciliter.  
  4.32     (c) In a building with two or more dwelling units, an 
  4.33  assessing agency shall assess the individual unit in which the 
  4.34  conditions of this section are met and shall inspect all common 
  4.35  areas accessible to a child.  If a child visits one or more 
  4.36  other sites such as another residence, or a residential or 
  5.1   commercial child care facility, playground, or school, the 
  5.2   assessing agency shall also inspect the other sites.  The 
  5.3   assessing agency shall have one additional day added to the time 
  5.4   frame set forth in this subdivision to complete the lead risk 
  5.5   assessment for each additional site.  
  5.6      (d) Within the limits of appropriations, the assessing 
  5.7   agency shall identify the known addresses for the previous 12 
  5.8   months of the child or pregnant female with venous blood lead 
  5.9   levels of at least 20 ten micrograms per deciliter for the child 
  5.10  or at least ten micrograms per deciliter for the pregnant 
  5.11  female; notify the property owners, landlords, and tenants at 
  5.12  those addresses that an elevated blood lead level was found in a 
  5.13  person who resided at the property; and give them primary 
  5.14  prevention information.  Within the limits of appropriations, 
  5.15  the assessing agency may perform a risk assessment and issue 
  5.16  corrective orders in the properties, if it is likely that the 
  5.17  previous address contributed to the child's or pregnant female's 
  5.18  blood lead level.  The assessing agency shall provide the notice 
  5.19  required by this subdivision without identifying the child or 
  5.20  pregnant female with the elevated blood lead level.  The 
  5.21  assessing agency is not required to obtain the consent of the 
  5.22  child's parent or guardian or the consent of the pregnant female 
  5.23  for purposes of this subdivision.  This information shall be 
  5.24  classified as private data on individuals as defined under 
  5.25  section 13.02, subdivision 12.  
  5.26     (e) The assessing agency shall conduct the lead risk 
  5.27  assessment according to rules adopted by the commissioner under 
  5.28  section 144.9508.  An assessing agency shall have lead risk 
  5.29  assessments performed by lead risk assessors licensed by the 
  5.30  commissioner according to rules adopted under section 144.9508.  
  5.31  If a property owner refuses to allow a lead risk assessment, the 
  5.32  assessing agency shall begin legal proceedings to gain entry to 
  5.33  the property and the time frame for conducting a lead risk 
  5.34  assessment set forth in this subdivision no longer applies.  A 
  5.35  lead risk assessor or assessing agency may observe the 
  5.36  performance of lead hazard reduction in progress and shall 
  6.1   enforce the provisions of this section under section 144.9509.  
  6.2   Deteriorated painted surfaces, bare soil, and dust must be 
  6.3   tested with appropriate analytical equipment to determine the 
  6.4   lead content, except that deteriorated painted surfaces or bare 
  6.5   soil need not be tested if the property owner agrees to engage 
  6.6   in lead hazard reduction on those surfaces.  The lead content of 
  6.7   drinking water must be measured if another probable source of 
  6.8   lead exposure is not identified.  Within a standard metropolitan 
  6.9   statistical area, an assessing agency may order lead hazard 
  6.10  reduction of bare soil without measuring the lead content of the 
  6.11  bare soil if the property is in a census tract in which soil 
  6.12  sampling has been performed according to rules established by 
  6.13  the commissioner and at least 25 percent of the soil samples 
  6.14  contain lead concentrations above the standard in section 
  6.15  144.9508. 
  6.16     (f) Each assessing agency shall establish an administrative 
  6.17  appeal procedure which allows a property owner to contest the 
  6.18  nature and conditions of any lead order issued by the assessing 
  6.19  agency.  Assessing agencies must consider appeals that propose 
  6.20  lower cost methods that make the residence lead safe.  The 
  6.21  commissioner shall use the authority and appeal procedure 
  6.22  granted under sections 144.989 to 144.993. 
  6.23     (g) Sections 144.9501 to 144.9509 144.9511 neither 
  6.24  authorize nor prohibit an assessing agency from charging a 
  6.25  property owner for the cost of a lead risk assessment. 
  6.26     Sec. 6.  Minnesota Statutes 2002, section 144.9505, 
  6.27  subdivision 1b, is amended to read: 
  6.28     Subd. 1b.  [LEAD SUPERVISOR LICENSE.] Before an individual 
  6.29  performs regulated lead work as a supervisor, the individual 
  6.30  shall first obtain a license from the commissioner.  No license 
  6.31  shall be issued unless the individual shows evidence of 
  6.32  experience and successful completion of a training course in 
  6.33  lead hazard control.  The training course must be at least eight 
  6.34  hours in length.  The commissioner shall specify the course of 
  6.35  training, experience, and testing requirements and shall charge 
  6.36  a $50 fee for the license.  License fees are nonrefundable and 
  7.1   must be submitted with each application.  The license must be 
  7.2   carried by the individual and be readily available for review by 
  7.3   the commissioner and other public health officials charged with 
  7.4   the health, safety, and welfare of the state's citizens. 
  7.5      Sec. 7.  Minnesota Statutes 2002, section 144.9509, is 
  7.6   amended by adding a subdivision to read: 
  7.7      Subd. 1a.  [RECEIVERSHIP OF PROPERTIES NOT MEETING 
  7.8   STANDARDS.] After the second lead order or correction order 
  7.9   issued by an assessing agency or after two criminal or civil 
  7.10  actions under subdivision 1, brought by either state or local 
  7.11  officials to enforce sections 144.9501 to 144.9511 arising out 
  7.12  of violations occurring within an affected property, unless the 
  7.13  violations alleged to exist are corrected, the affected property 
  7.14  shall be considered abandoned, and the attorney general, the 
  7.15  commissioner, or the assessing agency may request the court to 
  7.16  appoint a receiver for the property.  The court in such 
  7.17  instances may specifically authorize the receiver to apply for 
  7.18  loans, grants, and other forms of funding necessary to correct 
  7.19  lead-based paint hazards and meet the standards for lead-safe 
  7.20  status and to hold the affected property for such period of time 
  7.21  as the funding source may require to ensure that the purposes of 
  7.22  the funding have been met.  The costs of the receivership 
  7.23  constitute a lien against the property that, if not discharged 
  7.24  by the owner upon receipt of the receiver's demand for payment, 
  7.25  constitutes grounds for foreclosure proceedings instituted by 
  7.26  the receiver to recover the costs.  
  7.27     Sec. 8.  Minnesota Statutes 2002, section 144.9509, is 
  7.28  amended by adding a subdivision to read: 
  7.29     Subd. 4.  [PRIVATE RIGHT TO INJUNCTIVE RELIEF.] (a) If an 
  7.30  owner of an affected property fails to comply with section 
  7.31  144.9511, a private right of action exists that allows a 
  7.32  pregnant woman or child under the age of six or that person's 
  7.33  parent or legal guardian to seek injunctive relief from a court 
  7.34  with jurisdiction against the owner of the affected property in 
  7.35  the form of a court order to compel compliance with section 
  7.36  144.9511. 
  8.1      (b) A court shall not grant the injunctive relief requested 
  8.2   under paragraph (b) unless, at least 30 days prior to the filing 
  8.3   requesting the injunction, the owner of the affected property 
  8.4   has received written notice of the violation of standards 
  8.5   contained in section 144.9511 and has failed to bring the 
  8.6   affected property into compliance with the applicable 
  8.7   standards.  This notice to the owner of the affected property is 
  8.8   satisfied when any of the following has occurred:  
  8.9      (1) a pregnant woman or child under age six, that person's 
  8.10  parent or legal guardian, or that person's attorney, has 
  8.11  notified the owner of an affected property that the property 
  8.12  fails to meet the requirements for lead-free status under 
  8.13  section 144.9511, subdivision 2, or for lead-safe status under 
  8.14  section 144.9511, subdivision 3; 
  8.15     (2) an assessing agency has notified the owner of the 
  8.16  affected property of violations of sections 144.9501 to 144.9511 
  8.17  occurring within an affected property; or 
  8.18     (3) a criminal or civil action under section 144.9509, 
  8.19  subdivision 1, has been brought by state or local enforcement 
  8.20  officials to enforce sections 144.9501 to 144.9511 arising out 
  8.21  of violations occurring within an affected property.  
  8.22     (c) A person who prevails in an action under paragraph (b) 
  8.23  is entitled to an award of the costs of the litigation and to an 
  8.24  award of reasonable attorney fees in an amount to be fixed by 
  8.25  the court. 
  8.26     (d) Cases brought before the court under this subdivision 
  8.27  shall be granted an accelerated hearing. 
  8.28     Sec. 9.  [144.9511] [REQUIREMENTS FOR LEAD-FREE STATUS AND 
  8.29  LEAD-SAFE STATUS.] 
  8.30     Subdivision 1.  [DEADLINE FOR AFFECTED PROPERTIES.] On or 
  8.31  before January 1, 2006, all affected properties shall be either 
  8.32  lead free or lead safe. 
  8.33     Subd. 2.  [REQUIREMENTS FOR LEAD-FREE STATUS.] An affected 
  8.34  property is lead-free if lead levels in soil sampled on the 
  8.35  property do not exceed the standard for bare soil adopted by 
  8.36  rule and: 
  9.1      (1) the affected property was constructed after 1978; or 
  9.2      (2) the owner of the affected property submits to the 
  9.3   commissioner or the commissioner's local designee an inspection 
  9.4   report, which indicates that the affected property has been 
  9.5   tested for the presence of lead according to rules adopted by 
  9.6   the commissioner and states that all interior surfaces of the 
  9.7   affected property are lead-free and: 
  9.8      (i) all exterior painted surfaces of the affected property 
  9.9   that were chipping, peeling, or flaking have been restored with 
  9.10  non-lead-based paint; or 
  9.11     (ii) no exterior painted surfaces of the affected property 
  9.12  are chipping, peeling, or flaking. 
  9.13     Subd. 3.  [REQUIREMENTS FOR LEAD-SAFE STATUS.] An affected 
  9.14  property is lead-safe if lead levels in soil sampled on the 
  9.15  property do not exceed the standard for bare soil adopted by 
  9.16  rule and the following treatments to reduce lead-based paint 
  9.17  hazards have been completed by someone licensed under section 
  9.18  144.9505 and in compliance with the rules adopted by the 
  9.19  commissioner: 
  9.20     (1) visual review of all exterior and interior painted 
  9.21  surfaces; 
  9.22     (2) removal and repainting of chipping, peeling, or flaking 
  9.23  paint on exterior and interior painted surfaces; 
  9.24     (3) stabilization and repainting of any interior or 
  9.25  exterior painted surface that have lead-based paint hazards; 
  9.26     (4) repair of any structural defect that is causing the 
  9.27  paint to chip, peel, or flake that the owner of the affected 
  9.28  property has knowledge of or, with the exercise of reasonable 
  9.29  care, should have knowledge of; 
  9.30     (5) stripping and repainting, replacing, or encapsulating 
  9.31  all interior windowsills and window troughs with vinyl, metal, 
  9.32  or any other durable materials, which render the surface smooth 
  9.33  and cleanable; 
  9.34     (6) installation of caps of vinyl, aluminum, or any other 
  9.35  material in a manner and under conditions approved by the 
  9.36  commissioner in all window wells to make the window wells smooth 
 10.1   and cleanable; 
 10.2      (7) fixing the top sash of all windows in place to 
 10.3   eliminate the friction caused by movement of the top sash, 
 10.4   except for a treated or replacement window that is free of 
 10.5   lead-based paint on its friction surfaces; 
 10.6      (8) rehanging all doors as necessary to prevent the rubbing 
 10.7   together of a lead-painted surface with another surface; 
 10.8      (9) making all bare floors smooth and cleanable; 
 10.9      (10) ensuring that all kitchen and bathroom floors are 
 10.10  overlaid with a smooth water-resistant covering; and 
 10.11     (11) HEPA-vacuuming and washing of the interior of the 
 10.12  affected property with high-phosphate detergent or its 
 10.13  equivalent, as determined by the commissioner. 
 10.14     Subd. 4.  [REPAIRS TO COMPLY WITH STANDARDS.] (a) Whenever 
 10.15  an owner of an affected property intends to make repairs or 
 10.16  perform maintenance work that will disturb the paint on interior 
 10.17  surfaces of an affected property, the owner shall give any 
 10.18  tenant in the affected property at least 48 hours' written 
 10.19  advance notice and shall make reasonable efforts to ensure that 
 10.20  all persons who are not children under age six or pregnant women 
 10.21  are not present in the area where work is performed and that all 
 10.22  children under age six and pregnant women are removed from the 
 10.23  affected property when the work is performed.  
 10.24     (b) A tenant shall allow access to an affected property, at 
 10.25  reasonable times, to the owner to perform any work required 
 10.26  under this section or section 144.9504. 
 10.27     (c) If a tenant must vacate an affected property for a 
 10.28  period of 24 hours or more to allow an owner to perform work 
 10.29  that will disturb the paint on interior surfaces, the owner 
 10.30  shall pay the reasonable expenses that the tenant incurs 
 10.31  directly related to the required relocation.  
 10.32     (d) If an owner has made all reasonable efforts to cause 
 10.33  the tenant to temporarily vacate an affected property to perform 
 10.34  work that will disturb the paint on interior surfaces and the 
 10.35  tenant refuses to vacate the affected property, the owner is not 
 10.36  liable for any damages arising from the tenant's refusal to 
 11.1   vacate.  
 11.2      (e) If an owner has made all reasonable efforts to gain 
 11.3   access to an affected property to perform any work required 
 11.4   under this section or section 144.9504, and the tenant refuses 
 11.5   to allow access, even after receiving reasonable advance notice 
 11.6   of the need for access, the owner is not liable for any damages 
 11.7   arising from the tenant's refusal to allow access.  
 11.8      Subd. 5.  [LEAD-SAFE HOUSING REGISTRY.] (a) The 
 11.9   commissioner shall establish and maintain a lead-safe housing 
 11.10  registry to provide the public with a listing of residential and 
 11.11  multifamily dwellings and child-occupied facilities that have 
 11.12  been inspected and certified as lead free or lead safe following 
 11.13  an abatement to control or eliminate lead-based paint hazards. 
 11.14     (b) The owner of housing for which a lead order has been 
 11.15  issued and that is offered for rent or lease as a residence 
 11.16  shall register the property after abatement with the 
 11.17  commissioner, in a form prescribed by the commissioner, free of 
 11.18  charge.  The form shall include, at a minimum: 
 11.19     (1) the name of the owner of the building; 
 11.20     (2) the address of the building; 
 11.21     (3) the date of construction; and 
 11.22     (4) the date and description of any lead-based paint 
 11.23  activity, including the name of the certified lead firm or the 
 11.24  licensed professional who performed the abatement or conducted 
 11.25  the lead hazard screen, assessment, or clearance inspection of 
 11.26  the building and the results of the lead-based paint activity.  
 11.27     (c) The owner of any other residential or multifamily 
 11.28  dwelling that is offered for rent or lease as a residence or the 
 11.29  owner of a child-occupied facility may register the property 
 11.30  with the commissioner and the commissioner shall include that 
 11.31  property on the lead-safe housing registry upon determining that 
 11.32  the housing is lead free or lead safe.  A person who wishes to 
 11.33  register under this paragraph shall execute and return the 
 11.34  registration application to the commissioner with payment of a 
 11.35  $25 registration fee.  The registration application must include 
 11.36  documentation demonstrating that the housing is lead free or 
 12.1   lead safe. 
 12.2      (d) The commissioner shall publish the lead-safe housing 
 12.3   registry on the department Web site and provide a copy of the 
 12.4   registry to a person upon request.  
 12.5      Sec. 10.  [REVISOR INSTRUCTION.] 
 12.6      In the next edition of Minnesota Statutes and Minnesota 
 12.7   Rules, the revisor of statutes shall delete references to 
 12.8   "sections 144.9501 to 144.9509" and insert "sections 144.9501 to 
 12.9   144.9511."