2nd Engrossment - 82nd Legislature (2001 - 2002) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to health; modifying provisions for lead 1.3 poisoning prevention; modifying provisions for pay 1.4 toilets in public places; providing for certain 1.5 alternative compliance methods for food, beverage, and 1.6 lodging establishment inspections; repealing certain 1.7 obsolete laws relating to hotel inspectors and 1.8 duplication equipment; amending Minnesota Statutes 1.9 2000, sections 144.9501, subdivisions 3, 4, 10, 11, 1.10 17, 17a, 18, 19, 20a, 20b, 20c, 21, 22, 22a, 23, 28a, 1.11 29, and by adding subdivisions; 144.9502, subdivision 1.12 8; 144.9503; 144.9504, subdivisions 1, 2, 5, 7, and 8; 1.13 144.9505; 144.9507, subdivision 5; 144.9508, 1.14 subdivisions 1, 2, 3, 4, and 5; 144.9509, subdivisions 1.15 1 and 3; 145.425; and 157.20, by adding a subdivision; 1.16 repealing Minnesota Statutes 2000, sections 144.073; 1.17 144.08; 144.9501, subdivision 32; 144.9502, 1.18 subdivision 6; 144.9503, subdivision 6; 144.9504, 1.19 subdivisions 4 and 11; 144.9505, subdivisions 2 and 5; 1.20 144.9506; 144.9508, subdivision 6. 1.21 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.22 ARTICLE 1 1.23 LEAD POISONING PREVENTION 1.24 Section 1. Minnesota Statutes 2000, section 144.9501, 1.25 subdivision 3, is amended to read: 1.26 Subd. 3. [ABATEMENT.]
(a)"Abatement" means any set of 1.27 measures designedintended to permanentlyeliminate lead-based1.28 paintknown or presumed lead hazards , defined in United States1.29 Code, title 42, section 4851, of the federal Housing and1.30 Community Development Act of 1992, and that exceed the standards1.31 adopted under section 144.9508. Abatement includes: 1.32 (1) the removal of lead-based paint and lead-contaminated 1.33 dust, the permanent containmentenclosure or encapsulation of 2.1 lead-based paint, the replacement of lead-painted surfaces or 2.2 fixtures, and the removal or coveringenclosure of 2.3 lead-contaminated soil; and 2.4 (2) all preparation, cleanup, disposal, and postabatement 2.5 clearance testing activities associated with these measures. 2.6 (b) Abatement does not include:2.7 (1) activities such as remodeling, renovation,2.8 installation, rehabilitation, or landscaping activities whose2.9 primary intent is to remodel, repair, or restore a given2.10 structure or dwelling, rather than to permanently eliminate2.11 lead-based paint hazards, even though these activities may2.12 incidentally result in a reduction in lead-based paint hazards;2.13 and2.14 (2) interim controls for the temporary reduction of2.15 exposure to lead hazards such as lead-specific cleaning,2.16 repairs, maintenance, painting, and temporary containment.2.17 Sec. 2. Minnesota Statutes 2000, section 144.9501, 2.18 subdivision 4, is amended to read: 2.19 Subd. 4. [AREAS AT HIGH RISK FOR TOXIC LEAD EXPOSURE.] 2.20 "Areas at high risk for toxic lead exposure" means a census 2.21 tract which meets one or more of the following criteria:2.22 (1) elevated blood lead levels have been diagnosed in a2.23 population of children or pregnant females;2.24 (2) many residential structures that are known to have or2.25 suspected of having deteriorated lead-based paint; or2.26 (3) median soil lead concentrations are greater than 1002.27 parts per million for samples collected according to rules2.28 adopted under section 144.9508in a city of the first class or a 2.29 county or area within a county outside a city of the first class 2.30 that has been determined to be at high risk for toxic lead 2.31 exposure under section 144.9503. 2.32 Sec. 3. Minnesota Statutes 2000, section 144.9501, is 2.33 amended by adding a subdivision to read: 2.34 Subd. 6c. [CAPILLARY BLOOD SAMPLE.] "Capillary blood 2.35 sample" means a quantity of blood drawn from a capillary. The 2.36 sample generally is collected by fingerstick. 3.1 Sec. 4. Minnesota Statutes 2000, section 144.9501, is 3.2 amended by adding a subdivision to read: 3.3 Subd. 6d. [CERTIFIED LEAD FIRM.] "Certified lead firm" 3.4 means a person that employs individuals to perform regulated 3.5 lead work and that is certified by the commissioner under 3.6 section 144.9505. 3.7 Sec. 5. Minnesota Statutes 2000, section 144.9501, is 3.8 amended by adding a subdivision to read: 3.9 Subd. 7a. [CONTRACTING ENTITY.] "Contracting entity" means 3.10 a public or private body, board, individual, corporation, 3.11 partnership, proprietorship, joint venture, fund, authority, or 3.12 similar entity that contracts with a person to do regulated lead 3.13 work. 3.14 Sec. 6. Minnesota Statutes 2000, section 144.9501, 3.15 subdivision 10, is amended to read: 3.16 Subd. 10. [ENCAPSULATION.] "Encapsulation" means covering 3.17 a surface coated with paint that exceeds the standards under 3.18 section 144.9508 with a liquid or solid material , approved by3.19 the commissioner,that adheres to the surface, rather than 3.20 mechanically attaches to it; or covering bare soil that exceeds 3.21 the standards under section 144.9508 with a permeable material 3.22 such as vegetation, mulch, or soil that meets the standards 3.23 under section 144.9508. 3.24 Sec. 7. Minnesota Statutes 2000, section 144.9501, 3.25 subdivision 11, is amended to read: 3.26 Subd. 11. [ENCLOSURE.] "Enclosure" means covering a 3.27 surface coated with paint that exceeds the standards under 3.28 section 144.9508 by mechanically fastening to the surface a 3.29 durable, solid material approved by the commissioner; or 3.30 covering bare soil that exceeds the standards under section 3.31 144.9508 with an impermeable material, such as asphalt or 3.32 concrete. 3.33 Sec. 8. Minnesota Statutes 2000, section 144.9501, is 3.34 amended by adding a subdivision to read: 3.35 Subd. 13a. [INTERIM CONTROLS.] "Interim controls" means a 3.36 set of measures intended to temporarily reduce human exposure or 4.1 likely exposure to known or presumed lead hazards, including 4.2 specialized cleaning, repairs, maintenance, painting, temporary 4.3 encapsulation, or enclosure. 4.4 Sec. 9. Minnesota Statutes 2000, section 144.9501, 4.5 subdivision 17, is amended to read: 4.6 Subd. 17. [LEAD HAZARD REDUCTION.] "Lead hazard reduction" 4.7 means actionabatement or interim controls undertaken to make a 4.8 residence, child care facility, school, or playground lead-safe 4.9 by complying with the lead standards and methods adopted under 4.10 section 144.9508 , by:4.11 (1) a property owner or persons hired by the property owner4.12 to comply with a lead order issued under section 144.9504;4.13 (2) a swab team service provided in response to a lead4.14 order issued under section 144.9504; or4.15 (3) a renter residing at a rental property or one or more4.16 volunteers to comply with a lead order issued under section4.17 144.9504. 4.18 Sec. 10. Minnesota Statutes 2000, section 144.9501, 4.19 subdivision 17a, is amended to read: 4.20 Subd. 17a. [LEAD HAZARD SCREEN.] "Lead hazard screen" 4.21 means a limited risk assessment activity that involves the 4.22 visual identification of the existence and location of any4.23 deteriorated paint, collection and analysis ofdust samples, and4.24 visual identification of the existence and location of, paint, 4.25 or bare soil and sampling and analysis of dust. 4.26 Sec. 11. Minnesota Statutes 2000, section 144.9501, is 4.27 amended by adding a subdivision to read: 4.28 Subd. 17b. [LEAD INTERIM CONTROL WORKER.] "Lead interim 4.29 control worker" means an individual who is trained as specified 4.30 by the commissioner to conduct interim control activities. 4.31 Sec. 12. Minnesota Statutes 2000, section 144.9501, 4.32 subdivision 18, is amended to read: 4.33 Subd. 18. [LEAD INSPECTION.] "Lead inspection" means a 4.34 quantitative measurement of thesurface by surface investigation 4.35 to determine the presence of lead content of paint and a visual 4.36 identification of the existence and location of bare soil. 5.1 Sec. 13. Minnesota Statutes 2000, section 144.9501, 5.2 subdivision 19, is amended to read: 5.3 Subd. 19. [LEAD INSPECTOR.] "Lead inspector" means a 5.4 person who is licensed by the commissioner to perform a lead 5.5 inspection under section 144.9506144.9505. 5.6 Sec. 14. Minnesota Statutes 2000, section 144.9501, is 5.7 amended by adding a subdivision to read: 5.8 Subd. 19a. [LEAD PROJECT DESIGN.] "Lead project design" 5.9 means site-specific written project specifications for a 5.10 regulated lead work project. Lead project design includes 5.11 written technical project specifications incorporated into 5.12 bidding documents. 5.13 Sec. 15. Minnesota Statutes 2000, section 144.9501, 5.14 subdivision 20a, is amended to read: 5.15 Subd. 20a. [LEAD PROJECT DESIGNER.] "Lead project 5.16 designer" means an individual who is responsible for planning 5.17 the site-specific performance of lead abatement or lead hazard5.18 reductionregulated lead work and who has been licensed by the 5.19 commissioner under section 144.9505. 5.20 Sec. 16. Minnesota Statutes 2000, section 144.9501, 5.21 subdivision 20b, is amended to read: 5.22 Subd. 20b. [LEAD RISK ASSESSMENT.] "Lead risk assessment" 5.23 means a quantitative measurement of the lead content of paint,5.24 interior dust, and bare soil to determine compliance with the5.25 standards established under section 144.9508an investigation to 5.26 determine the existence, nature, severity, and location of lead 5.27 hazards. 5.28 Sec. 17. Minnesota Statutes 2000, section 144.9501, 5.29 subdivision 20c, is amended to read: 5.30 Subd. 20c. [LEAD RISK ASSESSOR.] "Lead risk assessor" 5.31 means an individual who performs lead risk assessments or lead 5.32 inspections and who has been licensed by the commissioner under 5.33 section 144.9506144.9505. 5.34 Sec. 18. Minnesota Statutes 2000, section 144.9501, 5.35 subdivision 21, is amended to read: 5.36 Subd. 21. [LEAD-SAFE.] "Lead-safe" means a condition in 6.1 which: 6.2 (1) lead is not present; 6.3 (2) lead may be present at the residence, child care 6.4 facility, school, or playground, if the lead concentration in 6.5 the dust, paint, soil, and water of a residence does not exceed 6.6 the standards adopted under section 144.9508 ,; or ,6.7 (3) if the lead concentrations in the paint or soil do 6.8 exceed the standards, the paint is intact and the soil is not 6.9 bare soil. 6.10 Sec. 19. Minnesota Statutes 2000, section 144.9501, 6.11 subdivision 22, is amended to read: 6.12 Subd. 22. [LEAD-SAFE DIRECTIVESPRACTICES.] 6.13 "Lead-safe directivespractices" means methods for construction, 6.14 renovation, remodeling, or maintenance activities that are not 6.15 regulated as abatement or lead hazard reductionlead work and 6.16 that are performed so that they do not: 6.17 (1) violate the standards under section 144.9508; 6.18 (2) create lead dust through the use of prohibited 6.19 practices; 6.20 (3) leave debris or a lead residue that can form a dust; 6.21 (4) provide a readily accessible source of lead dust, lead 6.22 paint, lead paint chips, or lead contaminated soil, after the 6.23 use of containment methods; and 6.24 (5) result in improper disposal of lead contaminated 6.25 debris, dust, or soil. 6.26 Sec. 20. Minnesota Statutes 2000, section 144.9501, 6.27 subdivision 22a, is amended to read: 6.28 Subd. 22a. [LEAD SUPERVISOR.] "Lead supervisor" means an 6.29 individual who is responsible for the on-site performance of 6.30 leadabatement or lead hazard reductioninterim controls and who 6.31 has been licensed by the commissioner under section 144.9505. 6.32 Sec. 21. Minnesota Statutes 2000, section 144.9501, is 6.33 amended by adding a subdivision to read: 6.34 Subd. 22b. [LEAD SAMPLING TECHNICIAN.] "Lead sampling 6.35 technician" means an individual who performs clearance 6.36 inspections for nonabatement or nonorder lead hazard reduction 7.1 sites, lead dust sampling in other settings, or visual 7.2 assessment for deteriorated paint, and who is registered with 7.3 the commissioner under section 144.9505. 7.4 Sec. 22. Minnesota Statutes 2000, section 144.9501, 7.5 subdivision 23, is amended to read: 7.6 Subd. 23. [LEAD WORKER.] "Lead worker" means an individual 7.7 who performs leadabatement or lead hazard reductioninterim 7.8 control work and who has been licensed by the commissioner under 7.9 section 144.9505. 7.10 Sec. 23. Minnesota Statutes 2000, section 144.9501, is 7.11 amended by adding a subdivision to read: 7.12 Subd. 26a. [REGULATED LEAD WORK.] (a) "Regulated lead work" 7.13 means: 7.14 (1) abatement; 7.15 (2) interim controls; 7.16 (3) a clearance inspection; 7.17 (4) a lead hazard screen; 7.18 (5) a lead inspection; 7.19 (6) a lead risk assessment; 7.20 (7) lead project designer services; 7.21 (8) lead sampling technician services; or 7.22 (9) swab team services. 7.23 (b) Regulated lead work does not include: 7.24 (1) activities such as remodeling, renovation, 7.25 installation, rehabilitation, or landscaping activities, the 7.26 primary intent of which is to remodel, repair, or restore a 7.27 structure or dwelling, rather than to permanently eliminate lead 7.28 hazards, even though these activities may incidentally result in 7.29 a reduction in lead hazards; or 7.30 (2) interim control activities that are not performed as a 7.31 result of a lead order and that do not disturb painted surfaces 7.32 that total more than: 7.33 (i) 20 square feet (two square meters) on exterior 7.34 surfaces; 7.35 (ii) two square feet (0.2 square meters) in an interior 7.36 room; or 8.1 (iii) ten percent of the total surface area on an interior 8.2 or exterior type of component with a small surface area. 8.3 Sec. 24. Minnesota Statutes 2000, section 144.9501, 8.4 subdivision 28a, is amended to read: 8.5 Subd. 28a. [STANDARD.] "Standard" means a quantitative 8.6 assessment of lead in any environmental media or consumer 8.7 product , or a work practice or method that reduces the8.8 likelihood of lead exposure. 8.9 Sec. 25. Minnesota Statutes 2000, section 144.9501, 8.10 subdivision 29, is amended to read: 8.11 Subd. 29. [SWAB TEAM SERVICES.] "Swab team services" means 8.12 activities that provide protection from lead hazards primarily 8.13 through the use of interim controls, such as: 8.14 (1) removing lead dust by washing, vacuuming with high 8.15 efficiency particle accumulator (HEPA) or wet vacuum cleaners, 8.16 and cleaning the interior of residential property; 8.17 (2) removing loose paint and paint chips and repainting or 8.18 installing guards to protect intact paint; 8.19 (3) covering or replacing bare soil that has a lead 8.20 concentration of 100 parts per million or more; 8.21 (4) health education; 8.22 (5) advice and assistance to help residents locate and move 8.23 to a temporary residence while lead hazard reduction is being 8.24 completed; or 8.25 (6) any other assistance necessary to meet the resident's 8.26 immediate needs as a result of the relocation. 8.27 Sec. 26. Minnesota Statutes 2000, section 144.9502, 8.28 subdivision 8, is amended to read: 8.29 Subd. 8. [LABORATORY STANDARDS.] (a) A laboratory 8.30 performing blood lead analysis shall use methods that: 8.31 (1) meet or exceed the proficiency standards established in 8.32 the federal Clinical Laboratory Improvement Regulations, Code of 8.33 Federal Regulations, title 42, section 493, promulgated in 8.34 accordance with the Clinical Laboratory Improvement Act 8.35 amendments of 1988, Public Law Number 100-578; or 8.36 (2) meet or exceed the Occupational Safety and Health 9.1 Standards for Lead in General Industries, Code of Federal 9.2 Regulations, section 1910.1025, and Occupational Safety and 9.3 Health Standards for Lead in Construction, Code of Federal 9.4 Regulations, section 1926.62. 9.5 (b) A laboratory performing lead analysis of paint, 9.6 soil, or dust , or drinking water shall use methods that meet or9.7 exceed the proficiency standards established in the National9.8 Lead Accreditation Program pursuant to United States Code, title9.9 42, section 4851, of the federal Housing and Community9.10 Development Actmust be a laboratory recognized by the United 9.11 States Environmental Protection Agency under the Toxic 9.12 Substances Control Act, United States Code, title 15, section 9.13 2685, paragraph (b). Analysis of samples of drinking water must 9.14 be performed by a laboratory certified by the commissioner to 9.15 analyze lead in water. 9.16 Sec. 27. Minnesota Statutes 2000, section 144.9503, is 9.17 amended to read: 9.18 144.9503 [PRIMARY PREVENTION.] 9.19 Subdivision 1. [PRIMARY PREVENTION PROGRAM.] The 9.20 commissioner shall develop and maintain a primary prevention 9.21 program to reduce lead exposure in young children and pregnant 9.22 women. A board of health serving a city of the first class 9.23 shall determine areas at high risk for toxic lead exposure 9.24 before doing primary prevention lead hazard reduction 9.25 activities. The commissionerprogram shall develop a priority9.26 list for high risk census tracts,provide primary prevention 9.27 lead education materials, promote primary prevention swab team 9.28 services in cooperation with the commissioner of economic 9.29 security or housing finance, provide lead cleanup equipment and 9.30 material grants as funding allows, monitor voluntary lead hazard9.31 reduction or abatementregulated lead work, and develop and 9.32 maintain lead-safe directivespractices in cooperation with the 9.33 commissioner of administration. 9.34 Subd. 2. [PRIORITIES FOR PRIMARY PREVENTION.] (a) The 9.35 commissioner of health and boards of health serving cities of 9.36 the first class shall publish in the State Register a priority10.1 list of census tractsdetermine areas at high risk for toxic 10.2 lead exposure. All local governmental units and boards of10.3 health shall follow the priorities published in the State10.4 Register. In establishing the list, the commissioner shall use10.5 the surveillance data collected under section 144.9502 and other10.6 information as appropriate or10.7 (b) A board of health serving a city of the first class 10.8 shall rank order census tracts by awarding points as specified 10.9 in this section and shall award points to each census tract on10.10 which information is availableparagraph. The priority for 10.11 primary prevention in census tracts at high risk for toxic lead 10.12 exposure shall be based on the cumulative points awarded to each 10.13 census tract. A greater number of points means a higher 10.14 priority. If a tie occurs in the number of points, priority10.15 shall be given to the census tract with the higher percentage of10.16 population with blood lead levels greater than ten micrograms of10.17 lead per deciliter of whole blood. The commissioner shall10.18 revise and update the priority list at least every five years.10.19 Points shall be awarded as specified in paragraphs (a) to (c).10.20 (a) In(1) One point may be awarded to a census tract where10.21 at least 20 children have been screened in the last five years,10.22 one point shall be awardedfor each ten percent of children who 10.23 were under six years old at the time they were screened for lead 10.24 in blood and whose blood lead level exceeds ten micrograms of 10.25 lead per deciliter of whole blood, provided the commissioner has 10.26 determined that the data used to award the points are 10.27 comprehensive and representative. An additional point shall be10.28 awarded if one percent of the children had blood lead levels10.29 greater than 20 micrograms of lead per deciliter of blood. Two10.30 points shall be awarded to a census tract, where the blood lead10.31 screening has been inadequate, that is contiguous with a census10.32 tract where more than ten percent of the children under six10.33 years of age have blood lead levels exceeding ten micrograms of10.34 lead per deciliter of whole blood.10.35 (b)(2) One point shallmay be awarded for every five 10.36 percent of housing that is defined as dilapidated or 11.1 deteriorated by the planning department or similar agency of the 11.2 city in which the housing is located. Where data is available 11.3 by neighborhood or section within a city, the percent of 11.4 dilapidated or deteriorated housing shall apply equally to each 11.5 census tract within the neighborhood or section. 11.6 (c)(3) One point shallmay be awarded for every 100 parts 11.7 per million of lead in soil, based on the median soil lead 11.8 values of foundation soil samples, calculated on 100 parts per 11.9 million intervals, or fraction thereof. For the cities of St.11.10 Paul and Minneapolis, the commissionerA board of health shall 11.11 use data from its own soil survey conducted according to rules 11.12 adopted under section 144.9508, except that a board of health 11.13 serving Minneapolis or St. Paul that has not conducted its own 11.14 soil survey shall use the June 1988 census tract version of the 11.15 houseside map titled "Distribution of Houseside Lead Content of 11.16 Soil-Dust in the Twin Cities," prepared by the Center for Urban 11.17 and Regional Affairs, Humphrey Institute, University of 11.18 Minnesota, Publication 1989, Center for Urban and Regional 11.19 Affairs 89-4. Where the map displays a census tract that is 11.20 crossed by two or more intervals, the commissionerboard of 11.21 health shall make a reasoned determination of the median 11.22 foundation soil lead value for that census tract. Values for11.23 census tracts may be updated by surveying the census tract11.24 according to the procedures adopted under this section.11.25 (4) A board of health may award one point to each census 11.26 tract for each of the following factors based on cutoff criteria 11.27 to be determined by the board of health: 11.28 (i) percent of minority population; 11.29 (ii) number of children less than six years of age; 11.30 (iii) percent of housing built before 1950; and 11.31 (iv) percent of population living in poverty. 11.32 (c) The commissioner may determine areas at high risk for 11.33 toxic lead exposure at the county level or within a county 11.34 outside a city of the first class using one or more of the 11.35 following criteria: 11.36 (1) blood lead levels greater than ten micrograms per 12.1 deciliter of whole blood in children under six years of age; 12.2 (2) percent of dilapidated or deteriorated housing; 12.3 (3) soil lead levels in excess of 100 parts per million; 12.4 (4) percent of minority population; 12.5 (5) percent of housing built before 1950; 12.6 (6) percent of children living in poverty; or 12.7 (7) other factors appropriate in preventing lead exposure, 12.8 as determined by a federal agency including the United States 12.9 Centers for Disease Control and Prevention, the United States 12.10 Environmental Protection Agency, or the United States Department 12.11 of Housing and Urban Development. 12.12 Subd. 3. [PRIMARY PREVENTION LEAD EDUCATION STRATEGY.] The 12.13 commissioner of health shall develop and maintain a primary 12.14 prevention lead education strategy to prevent lead exposure. 12.15 The strategy shall specifyincludes: 12.16 (1) the development oflead education materials that 12.17 describe the health effects of lead exposure, safety measures, 12.18 and methods to be used in the lead hazard reduction process; 12.19 (2) the provision ofproviding lead education materials to 12.20 the general public; 12.21 (3) the provision ofproviding lead education materials to 12.22 property owners, landlords, and tenants by swab team workers and 12.23 public health professionals, such as nurses, sanitarians, health 12.24 educators, nonprofit organizations working on lead issues, and 12.25 other public health professionals in areas at high risk for 12.26 toxic lead exposure; and 12.27 (4) the promotion ofpromoting awareness of community, 12.28 legal, and housing resources. 12.29 Subd. 4. [SWAB TEAM SERVICES.] Primary prevention mustmay 12.30 include the use of swab team services in census tracts12.31 identified at high risk for toxic lead exposure as identified by12.32 the commissioner under this section. The swab team services may 12.33 be provided based on lead hazard screens whenever possible and 12.34 must at least include lead hazard reduction for deteriorated 12.35 interior lead-based paint, bare soil, and dust. 12.36 Subd. 6. [VOLUNTARY LEAD ABATEMENT OR LEAD HAZARD13.1 REDUCTION.] The commissioner shall monitor the lead abatement or13.2 lead hazard reduction methods adopted under section 144.9508 in13.3 cases of voluntary lead abatement or lead hazard reduction. All13.4 persons hired to do voluntary lead abatement or lead hazard13.5 reduction must be licensed by the commissioner under section13.6 144.9505 or 144.9506. Renters and volunteers performing lead13.7 abatement or lead hazard reduction must be trained and licensed13.8 as lead supervisors or lead workers. If a property owner does13.9 not hire a person for voluntary lead abatement or lead hazard13.10 reduction, the property owner shall provide the commissioner13.11 with a work plan for lead abatement or lead hazard reduction at13.12 least ten working days before beginning the lead abatement or13.13 lead hazard reduction. The work plan must include the details13.14 required in section 144.9505, and notice as to when lead13.15 abatement or lead hazard reduction activities will begin.13.16 Within the limits of appropriations, the commissioner shall13.17 review work plans and shall approve or disapprove them as to13.18 compliance with the requirements in section 144.9505. No13.19 penalty shall be assessed against a property owner for13.20 discontinuing voluntary lead hazard reduction before completion13.21 of the work plan, provided that the property owner discontinues13.22 the lead hazard reduction in a manner that leaves the property13.23 in a condition no more hazardous than its condition before the13.24 work plan implementation.13.25 Subd. 7. [LEAD-SAFE INFORMATIONAL DIRECTIVESPRACTICES 13.26 INFORMATION.] (a) By July 1, 1995, and amended and updated as13.27 necessary,The commissioner shall develop and maintain in 13.28 cooperation with the commissioner of administration provisions 13.29 and procedures to define lead-safe informational directives13.30 practices information for residential remodeling, renovation, 13.31 installation, and rehabilitation activities that are not lead 13.32 hazard reduction, but may disrupt lead-based paint surfaces and 13.33 guidance documents for the regulated industry. 13.34 (b) The provisions and procedures shall define lead-safe13.35 directives for nonlead hazard reduction activities including13.36 preparation, cleanup, and disposal procedures. The directives14.1 shall be based on the different levels and types of work14.2 involved and the potential for lead hazards. The directives14.3 shall address activities including painting; remodeling;14.4 weatherization; installation of cable, wire, plumbing, and gas;14.5 and replacement of doors and windows. The commissioners of14.6 health and administration shall consult with representatives of14.7 builders, weatherization providers, nonprofit rehabilitation14.8 organizations, each of the affected trades, and housing and14.9 redevelopment authorities in developing the directives and14.10 procedures. This group shall also make recommendations for14.11 consumer and contractor education and training. The14.12 commissioner of health shall report to the legislature by14.13 February 15, 1996, regarding development of the provisions14.14 required under this paragraph.14.15 (c) By January 1, 1999, the commissioner, in cooperation14.16 with interested and informed persons and using the meeting14.17 structure and format developed in paragraph (b), shall develop14.18 lead-safe informational directives on the following topics:14.19 (1) maintaining floors, walls, and ceilings;14.20 (2) maintaining and repairing porches;14.21 (3) conducting a risk evaluation for lead; and14.22 (4) prohibited practices when working with lead.14.23 The commissioner shall report to the legislature by January 1,14.24 1999, regarding development of the provisions required under14.25 this paragraph.14.26 Sec. 28. Minnesota Statutes 2000, section 144.9504, 14.27 subdivision 1, is amended to read: 14.28 Subdivision 1. [JURISDICTION.] (a) A board of health 14.29 serving cities of the first class must conduct lead risk 14.30 assessments for purposes of secondary prevention, according to 14.31 the provisions of this section. A board of health not serving 14.32 cities of the first class must conduct lead risk assessments for 14.33 the purposes of secondary prevention, unless they certified in 14.34 writing to the commissioner by January 1, 1996, that they 14.35 desired to relinquish these duties back to the commissioner. At14.36 the discretion of the commissioner, a board of health may15.1 relinquish the authority and duty to perform lead risk15.2 assessments for secondary prevention by so certifying in writing15.3 to the commissioner by December 31, 1999.At the discretion of 15.4 the commissioner, a board of health may, upon written request to 15.5 the commissioner, resume these duties. 15.6 (b) Lead risk assessments must be conducted by a board of 15.7 health serving a city of the first class. The commissioner must 15.8 conduct lead risk assessments in any area not including cities 15.9 of the first class where a board of health has relinquished to 15.10 the commissioner the responsibility for lead risk assessments. 15.11 The commissioner shall coordinate with the board of health to 15.12 ensure that the requirements of this section are met. 15.13 (c) The commissioner may assist boards of health by 15.14 providing technical expertise, equipment, and personnel to 15.15 boards of health. The commissioner may provide laboratory or 15.16 field lead-testing equipment to a board of health or may 15.17 reimburse a board of health for direct costs associated with 15.18 lead risk assessments. 15.19 (d) The commissioner shall enforce the rules under section15.20 144.9508 in cases of voluntary lead hazard reduction.15.21 Sec. 29. Minnesota Statutes 2000, section 144.9504, 15.22 subdivision 2, is amended to read: 15.23 Subd. 2. [LEAD RISK ASSESSMENT.] (a) An assessing agency 15.24 shall conduct a lead risk assessment of a residence according to 15.25 the venous blood lead level and time frame set forth in clauses 15.26 (1) to (5) for purposes of secondary prevention: 15.27 (1) within 48 hours of a child or pregnant female in the 15.28 residence being identified to the agency as having a venous 15.29 blood lead level equal to or greater than 70 micrograms of lead 15.30 per deciliter of whole blood; 15.31 (2) within five working days of a child or pregnant female 15.32 in the residence being identified to the agency as having a 15.33 venous blood lead level equal to or greater than 45 micrograms 15.34 of lead per deciliter of whole blood; 15.35 (3) within ten working days of a child in the residence 15.36 being identified to the agency as having a venous blood lead 16.1 level equal to or greater than 20 micrograms of lead per 16.2 deciliter of whole blood; 16.3 (4) within ten working days of a child in the residence 16.4 being identified to the agency as having a venous blood lead 16.5 level that persists in the range of 15 to 19 micrograms of lead 16.6 per deciliter of whole blood for 90 days after initial 16.7 identification; or 16.8 (5) within ten working days of a pregnant female in the 16.9 residence being identified to the agency as having a venous 16.10 blood lead level equal to or greater than ten micrograms of lead 16.11 per deciliter of whole blood. 16.12 (b) Within the limits of available local, state, and 16.13 federal appropriations, an assessing agency may also conduct a 16.14 lead risk assessment for children with any elevated blood lead 16.15 level. 16.16 (c) In a building with two or more dwelling units, an 16.17 assessing agency shall inspectassess the individual unit in 16.18 which the conditions of this section are met and shall also16.19 inspect all common areas accessible to a child. If a child 16.20 visits one or more other sites such as another residence, or a 16.21 residential or commercial child care facility, playground, or 16.22 school, the assessing agency shall also inspect the other 16.23 sites. The assessing agency shall have one additional day added 16.24 to the time frame set forth in this subdivision to complete the 16.25 lead risk assessment for each additional site. 16.26 (d) Within the limits of appropriations, the assessing 16.27 agency shall identify the known addresses for the previous 12 16.28 months of the child or pregnant female with venous blood lead 16.29 levels of at least 20 micrograms per deciliter for the child or 16.30 at least ten micrograms per deciliter for the pregnant female; 16.31 notify the property owners, landlords, and tenants at those 16.32 addresses that an elevated blood lead level was found in a 16.33 person who resided at the property; and give them a copy of the16.34 lead risk assessment guideprimary prevention information. 16.35 Within the limits of appropriations, the assessing agency may 16.36 perform a risk assessment and issue corrective orders in the 17.1 properties, if it is likely that the previous address 17.2 contributed to the child's or pregnant female's blood lead 17.3 level. The assessing agency shall provide the notice required 17.4 by this subdivision without identifying the child or pregnant 17.5 female with the elevated blood lead level. The assessing agency 17.6 is not required to obtain the consent of the child's parent or 17.7 guardian or the consent of the pregnant female for purposes of 17.8 this subdivision. This information shall be classified as 17.9 private data on individuals as defined under section 13.02, 17.10 subdivision 12. 17.11 (e) The assessing agency shall conduct the lead risk 17.12 assessment according to rules adopted by the commissioner under 17.13 section 144.9508. An assessing agency shall have lead risk 17.14 assessments performed by lead risk assessors licensed by the 17.15 commissioner according to rules adopted under section 144.9508. 17.16 If a property owner refuses to allow a lead risk assessment, the 17.17 assessing agency shall begin legal proceedings to gain entry to 17.18 the property and the time frame for conducting a lead risk 17.19 assessment set forth in this subdivision no longer applies. A 17.20 lead risk assessor or assessing agency may observe the 17.21 performance of lead hazard reduction in progress and shall 17.22 enforce the provisions of this section under section 144.9509. 17.23 Deteriorated painted surfaces, bare soil, and dust must be 17.24 tested with appropriate analytical equipment to determine the 17.25 lead content, except that deteriorated painted surfaces or bare 17.26 soil need not be tested if the property owner agrees to engage 17.27 in lead hazard reduction on those surfaces. The lead content of 17.28 drinking water must be measured if aanother probable source of 17.29 lead exposure is not identified by measurement of lead in paint,17.30 bare soil, or dust. Within a standard metropolitan statistical 17.31 area, an assessing agency may order lead hazard reduction of 17.32 bare soil without measuring the lead content of the bare soil if 17.33 the property is in a census tract in which soil sampling has 17.34 been performed according to rules established by the 17.35 commissioner and at least 25 percent of the soil samples contain 17.36 lead concentrations above the standard in section 144.9508. 18.1 (f) A lead risk assessor shall notify the commissioner and18.2 the board of health of all violations of lead standards under18.3 section 144.9508, that are identified in a lead risk assessment18.4 conducted under this section.18.5 (g)Each assessing agency shall establish an administrative 18.6 appeal procedure which allows a property owner to contest the 18.7 nature and conditions of any lead order issued by the assessing 18.8 agency. Assessing agencies must consider appeals that propose 18.9 lower cost methods that make the residence lead safe. The 18.10 commissioner shall use the authority and appeal procedure 18.11 granted under sections 144.989 to 144.993. 18.12 (h)(g) Sections 144.9501 to 144.9509 neither authorize nor 18.13 prohibit an assessing agency from charging a property owner for 18.14 the cost of a lead risk assessment. 18.15 Sec. 30. Minnesota Statutes 2000, section 144.9504, 18.16 subdivision 5, is amended to read: 18.17 Subd. 5. [LEAD ORDERS.] (a) An assessing agency, after 18.18 conducting a lead risk assessment, shall order a property owner 18.19 to perform lead hazard reduction on all lead sources that exceed 18.20 a standard adopted according to section 144.9508. If lead risk 18.21 assessments and lead orders are conducted at times when weather 18.22 or soil conditions do not permit the lead risk assessment or 18.23 lead hazard reduction, external surfaces and soil lead shall be 18.24 inspectedassessed, and lead orders complied with, if necessary, 18.25 at the first opportunity that weather and soil conditions allow. 18.26 (b) If the paint standard under section 144.9508 is 18.27 violated, but the paint is intact, the assessing agency shall 18.28 not order the paint to be removed unless the intact paint is a 18.29 known source of actual lead exposure to a specific person. 18.30 Before the assessing agency may order the intact paint to be 18.31 removed, a reasonable effort must be made to protect the child 18.32 and preserve the intact paint by the use of guards or other 18.33 protective devices and methods. 18.34 (c) Whenever windows and doors or other components covered 18.35 with deteriorated lead-based paint have sound substrate or are 18.36 not rotting, those components should be repaired, sent out for 19.1 stripping or beplaned down to remove deteriorated lead-based 19.2 paint, or covered with protective guards instead of being 19.3 replaced, provided that such an activity is the least cost 19.4 method. However, a property owner who has been ordered to 19.5 perform lead hazard reduction may choose any method to address 19.6 deteriorated lead-based paint on windows, doors, or other 19.7 components, provided that the method is approved in rules 19.8 adopted under section 144.9508 and that it is appropriate to the 19.9 specific property. 19.10 (d) Lead orders must require that any source of damage, 19.11 such as leaking roofs, plumbing, and windows, be repaired or 19.12 replaced, as needed, to prevent damage to lead-containing 19.13 interior surfaces. 19.14 (e) The assessing agency is not required to pay for lead 19.15 hazard reduction. Lead orders must be issued within 30 days of19.16 receiving the blood lead level analysis.The assessing agency 19.17 shall enforce the lead orders issued to a property owner under 19.18 this section. A copy of the lead order must be forwarded to the19.19 commissioner.19.20 Sec. 31. Minnesota Statutes 2000, section 144.9504, 19.21 subdivision 7, is amended to read: 19.22 Subd. 7. [RELOCATION OF RESIDENTS.] (a) Within the limits 19.23 of appropriations, the assessing agency shall ensure that 19.24 residents are relocated from rooms or dwellings during a lead 19.25 hazard reduction process that generates leaded dust, such as 19.26 removal or disruption of lead-based paint or plaster that 19.27 contains lead. Residents shall not remain in rooms or dwellings 19.28 where the lead hazard reduction process is occurring. An 19.29 assessing agency is not required to pay for relocation unless 19.30 state or federal funding is available for this purpose. The 19.31 assessing agency shall make an effort to assist the resident in 19.32 locating resources that will provide assistance with relocation 19.33 costs. Residents shall be allowed to return to the residence19.34 room or dwelling after completion of the lead hazard reduction 19.35 process. An assessing agency shall use grant funds under 19.36 section 144.9507 if available, in cooperation with local housing 20.1 agencies, to pay for moving costs and rent for a temporary 20.2 residence for any low-income resident temporarily relocated 20.3 during lead hazard reduction. For purposes of this section, 20.4 "low-income resident" means any resident whose gross household 20.5 income is at or below 185 percent of federal poverty level. 20.6 (b) A resident of rental property who is notified by an 20.7 assessing agency to vacate the premises during lead hazard 20.8 reduction, notwithstanding any rental agreement or lease 20.9 provisions: 20.10 (1) shall not be required to pay rent due the landlord for 20.11 the period of time the tenant vacates the premises due to lead 20.12 hazard reduction; 20.13 (2) may elect to immediately terminate the tenancy 20.14 effective on the date the tenant vacates the premises due to 20.15 lead hazard reduction; and 20.16 (3) shall not, if the tenancy is terminated, be liable for 20.17 any further rent or other charges due under the terms of the 20.18 tenancy. 20.19 (c) A landlord of rental property whose tenants vacate the 20.20 premises during lead hazard reduction shall: 20.21 (1) allow a tenant to return to the dwelling unit after 20.22 lead hazard reduction and clearance inspection, required under 20.23 this section, is completed, unless the tenant has elected to 20.24 terminate the tenancy as provided for in paragraph (b); and 20.25 (2) return any security deposit due under section 504B.178 20.26 within five days of the date the tenant vacates the unit, to any 20.27 tenant who terminates tenancy as provided for in paragraph (b). 20.28 Sec. 32. Minnesota Statutes 2000, section 144.9504, 20.29 subdivision 8, is amended to read: 20.30 Subd. 8. [PROPERTY OWNER NOTIFICATION RESPONSIBILITY.] 20.31 Property owners shall comply with lead orders issued under this20.32 section within 60 days or be subject to enforcement actions as20.33 provided under section 144.9509. For orders or portions of20.34 orders concerning external lead hazards, property owners shall20.35 comply within 60 days, or as soon thereafter as weather20.36 permits.If the property owner does not hire a person licensed 21.1 by the commissioner under section 144.9505 for compliance with 21.2 the lead orders, the property owner shall submit a work plan21.3 notice as to when regulated lead work will begin, according to 21.4 section 144.9505, subdivision 4, to the assessing agency within 21.5 30 days after receiving the orders. The work plan must include21.6 the details required in section 144.9505 as to how the property21.7 owner intends to comply with the lead orders and notice as to21.8 when lead hazard reduction activities will begin. Within the21.9 limits of appropriations, the commissioner shall review plans21.10 and shall approve or disapprove them as to compliance with the21.11 requirements in section 144.9505, subdivision 5. Renters and21.12 volunteers performing lead abatement or lead hazard reduction21.13 must be trained and licensed as lead supervisors or lead workers21.14 under section 144.9505.21.15 Sec. 33. Minnesota Statutes 2000, section 144.9505, is 21.16 amended to read: 21.17 144.9505 [LICENSING OF LEAD CONTRACTORS AND CERTIFICATION21.18 OF WORKERSLEAD FIRMS AND PROFESSIONALS.] 21.19 Subdivision 1. [LICENSING AND CERTIFICATION; GENERALLY.] 21.20 (a) A person shall, before performing abatement or lead hazard21.21 reduction or providing planning services for lead abatement or21.22 lead hazard reduction, obtain a license from the commissioner as21.23 a lead supervisor, lead worker, or lead project designer. The21.24 commissioner shall specify training and testing requirements for21.25 licensure and certification as required in section 144.9508 and21.26 shall charge a fee for the cost of issuing a license or21.27 certificate and for training provided by the commissioner.21.28 License fees shall be nonrefundable and must be submitted with21.29 each application in the amount of $50 for each lead supervisor,21.30 lead worker, or lead inspector and $100 for each lead project21.31 designer, lead risk assessor, or certified firm.All fees 21.32 received shall be paid into the state treasury and credited to 21.33 the lead abatement licensing and certification account and are 21.34 appropriated to the commissioner to cover costs incurred under 21.35 this section and section 144.9508. 21.36 (b) Persons shall not advertise or otherwise present 22.1 themselves as lead supervisors, lead workers, orlead 22.2 inspectors, lead risk assessors, lead sampling technicians, lead 22.3 project designers, or lead firms unless they have licenses or 22.4 certificates issued by or are registered with the commissioner 22.5 under this section. 22.6 (c) The fees required in this section for inspectors, risk 22.7 assessors, and certified lead firms are waived for state or 22.8 local government employees performing services for or as an 22.9 assessing agency. 22.10 (d) An individual who is the owner of property on which 22.11 regulated lead work is to be performed or an adult individual 22.12 who is related to the property owner, as defined under section 22.13 245A.02, subdivision 13, is exempt from the requirements to 22.14 obtain a license and pay a fee according to this section. 22.15 (e) A person that employs individuals to perform regulated 22.16 lead work outside of the person's property must obtain 22.17 certification as a certified lead firm. An individual who 22.18 performs regulated lead work must be employed by a certified 22.19 lead firm, unless the individual is a sole proprietor and does 22.20 not employ any other individual who performs regulated lead 22.21 work, the individual is employed by a person that does not 22.22 perform regulated lead work outside of the person's property, or 22.23 the individual is employed by an assessing agency. 22.24 Subd. 1a. [LEAD WORKER LICENSE.] Before an individual 22.25 performs regulated lead work as a worker, the individual shall 22.26 first obtain a license from the commissioner. No license shall 22.27 be issued unless the individual shows evidence of successfully 22.28 completing a training course in lead hazard control. The 22.29 commissioner shall specify the course of training and testing 22.30 requirements and shall charge a $50 fee for the license. 22.31 License fees are nonrefundable and must be submitted with each 22.32 application. The license must be carried by the individual and 22.33 be readily available for review by the commissioner and other 22.34 public health officials charged with the health, safety, and 22.35 welfare of the state's citizens. 22.36 Subd. 1b. [LEAD SUPERVISOR LICENSE.] Before an individual 23.1 performs regulated lead work as a supervisor, the individual 23.2 shall first obtain a license from the commissioner. No license 23.3 shall be issued unless the individual shows evidence of 23.4 experience and successful completion of a training course in 23.5 lead hazard control. The commissioner shall specify the course 23.6 of training, experience, and testing requirements and shall 23.7 charge a $50 fee for the license. License fees are 23.8 nonrefundable and must be submitted with each application. The 23.9 license must be carried by the individual and be readily 23.10 available for review by the commissioner and other public health 23.11 officials charged with the health, safety, and welfare of the 23.12 state's citizens. 23.13 Subd. 1c. [LEAD INSPECTOR LICENSE.] Before an individual 23.14 performs lead inspection services, the individual shall first 23.15 obtain a license from the commissioner. No license shall be 23.16 issued unless the individual shows evidence of successfully 23.17 completing a training course in lead inspection. The 23.18 commissioner shall specify the course of training and testing 23.19 requirements and shall charge a $50 fee for the license. 23.20 License fees are nonrefundable and must be submitted with each 23.21 application. The license must be carried by the individual and 23.22 be readily available for review by the commissioner and other 23.23 public health officials charged with the health, safety, and 23.24 welfare of the state's citizens. 23.25 Subd. 1d. [LEAD RISK ASSESSOR LICENSE.] Before an 23.26 individual performs lead risk assessor services, the individual 23.27 shall first obtain a license from the commissioner. No license 23.28 shall be issued unless the individual shows evidence of 23.29 experience and successful completion of a training course in 23.30 lead risk assessment. The commissioner shall specify the course 23.31 of training, experience, and testing requirements and shall 23.32 charge a $100 fee for the license. License fees are 23.33 nonrefundable and must be submitted with each application. The 23.34 license must be carried by the individual and be readily 23.35 available for review by the commissioner and other public health 23.36 officials charged with the health, safety, and welfare of the 24.1 state's citizens. 24.2 Subd. 1e. [LEAD PROJECT DESIGNER LICENSE.] Before an 24.3 individual performs lead project designer services, the 24.4 individual shall first obtain a license from the commissioner. 24.5 No license shall be issued unless the individual shows evidence 24.6 of experience and successful completion of a training course in 24.7 lead project design. The commissioner shall specify the course 24.8 of training, experience, and testing requirements and shall 24.9 charge a $100 fee for the license. License fees are 24.10 nonrefundable and must be submitted with each application. The 24.11 license must be carried by the individual and be readily 24.12 available for review by the commissioner and other public health 24.13 officials charged with the health, safety, and welfare of the 24.14 state's citizens. 24.15 Subd. 1f. [LEAD SAMPLING TECHNICIAN.] An individual 24.16 performing lead sampling technician services shall first 24.17 register with the commissioner. The commissioner shall not 24.18 register an individual unless the individual shows evidence of 24.19 successfully completing a training course in lead sampling. The 24.20 commissioner shall specify the course of training and testing 24.21 requirements. Proof of registration must be carried by the 24.22 individual and be readily available for review by the 24.23 commissioner and other public health officials charged with the 24.24 health, safety, and welfare of the state's citizens. 24.25 Subd. 1g. [CERTIFIED LEAD FIRM.] A person within the state 24.26 intending to directly perform or cause to be performed through 24.27 subcontracting or similar delegation any regulated lead work 24.28 shall first obtain certification from the commissioner. The 24.29 certificate must be in writing, contain an expiration date, be 24.30 signed by the commissioner, and give the name and address of the 24.31 person to whom it is issued. The certification fee is $100, is 24.32 nonrefundable, and must be submitted with each application. The 24.33 certificate or a copy of the certificate must be readily 24.34 available at the worksite for review by the contracting entity, 24.35 the commissioner, and other public health officials charged with 24.36 the health, safety, and welfare of the state's citizens. 25.1 Subd. 2. [LEAD TRAINING.] Lead abatement and lead hazard25.2 reduction training must include a hands-on component and25.3 instruction on the health effects of lead exposure, the use of25.4 personal protective equipment, workplace hazards and safety25.5 problems, lead abatement and lead hazard reduction methods,25.6 lead-safe directives, decontamination procedures, cleanup and25.7 waste disposal procedures, lead monitoring and testing methods,25.8 swab team services, and legal rights and responsibilities.25.9 Subd. 3. [LICENSED BUILDING CONTRACTOR; INFORMATION.] The 25.10 commissioner shall provide health and safety information on lead 25.11 abatement and lead hazard reduction to all residential building 25.12 contractors licensed under section 326.84. The information must 25.13 include the lead-safe directivespractices and any other 25.14 materials describing ways to protect the health and safety of 25.15 both workersemployees and residents. 25.16 Subd. 4. [NOTICE OF REGULATED LEAD ABATEMENT OR LEAD25.17 HAZARD REDUCTIONWORK.] (a) At least five working days before 25.18 starting work at each regulated lead abatement or lead hazard25.19 reductionworksite, the person performing the regulated lead 25.20 abatement or lead hazard reductionwork shall give written 25.21 notice and an approved work plan as required in this sectionto 25.22 the commissioner and the appropriate board of health. Within25.23 the limits of appropriations, the commissioner shall review25.24 plans and shall approve or disapprove them as to compliance with25.25 the requirements in subdivision 5.25.26 (b) This provision does not apply to swab team workers25.27 performing work under an order of an assessing agencylead 25.28 hazard screen, lead inspection, lead risk assessment, lead 25.29 sampling technician, or lead project design activities. 25.30 Subd. 5. [ABATEMENT OR LEAD HAZARD REDUCTION WORK PLANS.]25.31 (a) A person who performs lead abatement or lead hazard25.32 reduction shall present a lead abatement or lead hazard25.33 reduction work plan to the property owner with each bid or25.34 estimate for lead abatement or lead hazard reduction work. The25.35 work plan does not replace or supersede more stringent25.36 contractual agreements. A written lead abatement or lead hazard26.1 reduction work plan must be prepared which describes the26.2 equipment and procedures to be used throughout the lead26.3 abatement or lead hazard reduction work project. At a minimum,26.4 the work plan must describe:26.5 (1) the building area and building components to be worked26.6 on;26.7 (2) the amount of lead-containing material to be removed,26.8 encapsulated, or enclosed;26.9 (3) the schedule to be followed for each work stage;26.10 (4) the workers' personal protection equipment and26.11 clothing;26.12 (5) the dust suppression and debris containment methods;26.13 (6) the lead abatement or lead hazard reduction methods to26.14 be used on each building component;26.15 (7) cleaning methods;26.16 (8) temporary, on-site waste storage, if any; and26.17 (9) the methods for transporting waste material and its26.18 destination.26.19 (b) The work plan shall itemize the costs for each item26.20 listed in paragraph (a) and for any other expenses associated26.21 with the lead abatement or lead hazard reduction work and shall26.22 be presented to the property owner with any bid or estimate for26.23 lead abatement or lead hazard reduction work.26.24 (c) The person performing the lead abatement or lead hazard26.25 reduction shall keep a copy of the work plan readily available26.26 at the worksite for the duration of the project and present it26.27 to the assessing agency on demand.26.28 (d) The person performing the lead abatement or lead hazard26.29 reduction shall keep a copy of the work plan on record for one26.30 year after completion of the project and shall present it to the26.31 assessing agency on demand.26.32 (e) This provision does not apply to swab team workers26.33 performing work under an order of an assessing agency or26.34 providing services at no cost to a property owner with funding26.35 under a state or federal grant.26.36 Subd. 6. [DUTIES OF CONTRACTING ENTITY.] A contracting 27.1 entity intending to have regulated lead work performed for its 27.2 benefit shall include in the specifications and contracts for 27.3 the work a requirement that the work be performed by contractors 27.4 and subcontractors licensed by the commissioner under sections 27.5 144.9501 to 144.9509 and according to rules adopted by the 27.6 commissioner related to regulated lead work. No contracting 27.7 entity shall allow regulated lead work to be performed for its 27.8 benefit unless the contracting entity has seen that the person 27.9 has a valid license or certificate. A contracting entity's 27.10 failure to comply with this subdivision does not relieve a 27.11 person from any responsibility under sections 144.9501 to 27.12 144.9509. 27.13 Sec. 34. Minnesota Statutes 2000, section 144.9507, 27.14 subdivision 5, is amended to read: 27.15 Subd. 5. [FEDERAL LEAD-RELATED FUNDS.] To the extent27.16 practicable under federal guidelines, the commissioner of health27.17 shall coordinate with the commissioner of housing finance so27.18 that at least 50 percent of federal lead funds are allocated for27.19 swab team services.27.20 To the extent practicable under federal guidelines, the 27.21 commissioner of health may alsouse federal funding to contract 27.22 with boards of health for purposes asspecified in this section, 27.23 but only to the extent that the federal funds do not replace 27.24 existing funding for these lead services. 27.25 Sec. 35. Minnesota Statutes 2000, section 144.9508, 27.26 subdivision 1, is amended to read: 27.27 Subdivision 1. [SAMPLING AND ANALYSIS.] The commissioner 27.28 shall adopt, by rule, methods for: 27.29 (1) lead inspections, lead hazard screens, lead risk 27.30 assessments, and clearance inspections; 27.31 (2) environmental surveys of lead in paint, soil, dust, and 27.32 drinking water to determine census tracts that areareas at high 27.33 risk for toxic lead exposure; 27.34 (3) soil sampling for soil used as replacement soil; 27.35 (4) drinking water sampling, which shall be done in 27.36 accordance with lab certification requirements and analytical 28.1 techniques specified by Code of Federal Regulations, title 40, 28.2 section 141.89; and 28.3 (5) sampling to determine whether at least 25 percent of 28.4 the soil samples collected from a census tract within a standard 28.5 metropolitan statistical area contain lead in concentrations 28.6 that exceed 100 parts per million. 28.7 Sec. 36. Minnesota Statutes 2000, section 144.9508, 28.8 subdivision 2, is amended to read: 28.9 Subd. 2. [REGULATED LEAD WORK STANDARDS AND METHODS.] (a) 28.10 The commissioner shall adopt rules establishing lead hazard28.11 reductionregulated lead work standards and methods in 28.12 accordance with the provisions of this section, for lead in 28.13 paint, dust, drinking water, and soil in a manner that protects 28.14 public health and the environment for all residences, including 28.15 residences also used for a commercial purpose, child care 28.16 facilities, playgrounds, and schools. 28.17 (b) In the rules required by this section, the commissioner28.18 shall differentiate between intact paint and deteriorated paint.28.19 the commissioner shall require lead hazard reduction of intact 28.20 paint only if the commissioner finds that the intact paint is on 28.21 a chewable or lead-dust producing surface that is a known source 28.22 of actual lead exposure to a specific individual. The 28.23 commissioner shall prohibit methods that disperse lead dust into 28.24 the air that could accumulate to a level that would exceed the 28.25 lead dust standard specified under this section. The 28.26 commissioner shall work cooperatively with the commissioner of 28.27 administration to determine which lead hazard reduction methods 28.28 adopted under this section may be used for lead-safe directives28.29 practices including prohibited practices, preparation, disposal, 28.30 and cleanup. The commissioner shall work cooperatively with the 28.31 commissioner of the pollution control agency to develop disposal 28.32 procedures. In adopting rules under this section, the 28.33 commissioner shall require the best available technology for 28.34 lead hazard reductionregulated lead work methods, paint 28.35 stabilization, and repainting. 28.36 (c) The commissioner of health shall adopt lead hazard29.1 reductionregulated lead work standards and methods for lead in 29.2 bare soil in a manner to protect public health and the 29.3 environment. The commissioner shall adopt a maximum standard of 29.4 100 parts of lead per million in bare soil. The commissioner 29.5 shall set a soil replacement standard not to exceed 25 parts of 29.6 lead per million. Soil lead hazard reduction methods shall 29.7 focus on erosion control and covering of bare soil. 29.8 (d) The commissioner shall adopt lead hazard29.9 reductionregulated lead work standards and methods for lead in 29.10 dust in a manner to protect the public health and environment. 29.11 Dust standards shall use a weight of lead per area measure and 29.12 include dust on the floor, on the window sills, and on window 29.13 wells. Lead hazard reduction methods for dust shall focus on 29.14 dust removal and other practices which minimize the formation of 29.15 lead dust from paint, soil, or other sources. 29.16 (e) The commissioner shall adopt lead hazard reduction 29.17 standards and methods for lead in drinking water both at the tap 29.18 and public water supply system or private well in a manner to 29.19 protect the public health and the environment. The commissioner 29.20 may adopt the rules for controlling lead in drinking water as 29.21 contained in Code of Federal Regulations, title 40, part 141. 29.22 Drinking water lead hazard reduction methods may include an 29.23 educational approach of minimizing lead exposure from lead in 29.24 drinking water. 29.25 (f) The commissioner of the pollution control agency shall 29.26 adopt rules to ensure that removal of exterior lead-based 29.27 coatings from residences and steel structures by abrasive 29.28 blasting methods is conducted in a manner that protects health 29.29 and the environment. 29.30 (g) All lead hazard reductionregulated lead work standards 29.31 shall provide reasonable margins of safety that are consistent 29.32 with more than a summary review of scientific evidence and an 29.33 emphasis on overprotection rather than underprotection when the 29.34 scientific evidence is ambiguous. 29.35 (h) No unit of local government shall have an ordinance or 29.36 regulation governing lead hazard reductionregulated lead work 30.1 standards or methods for lead in paint, dust, drinking water, or 30.2 soil that require a different lead hazard reductionregulated 30.3 lead work standard or method than the standards or methods 30.4 established under this section. 30.5 (i) Notwithstanding paragraph (h), the commissioner may 30.6 approve the use by a unit of local government of an innovative 30.7 lead hazard reduction method which is consistent in approach 30.8 with methods established under this section. 30.9 (j) The commissioner shall adopt rules for issuing lead 30.10 orders required under section 144.9504, rules for notification 30.11 of abatement or interim control activities requirements, and 30.12 other rules necessary to implement sections 144.9501 to 144.9509. 30.13 Sec. 37. Minnesota Statutes 2000, section 144.9508, 30.14 subdivision 3, is amended to read: 30.15 Subd. 3. [LICENSURE AND CERTIFICATION.] The commissioner 30.16 shall adopt rules to license lead supervisors, lead workers, 30.17 lead project designers, lead inspectors, and lead risk 30.18 assessors. The commissioner shall also adopt rules requiring 30.19 certification of firms that perform lead abatement, lead hazard30.20 reduction, lead hazard screens, or lead risk30.21 assessmentsregulated lead work and rules requiring registration 30.22 of lead sampling technicians. The commissioner shall require 30.23 periodic renewal of licenses and, certificates, and 30.24 registrations and shall establish the renewal periods. 30.25 Sec. 38. Minnesota Statutes 2000, section 144.9508, 30.26 subdivision 4, is amended to read: 30.27 Subd. 4. [LEAD TRAINING COURSE.] The commissioner shall 30.28 establish by rule a permit fee to be paid by a training course30.29 provider on application for a training course permit30.30 orrequirements for training course providers and the renewal 30.31 period for each lead-related training course required for 30.32 certification or licensure. The commissioner shall establish 30.33 criteria in rules for the content and presentation of training 30.34 courses intended to qualify trainees for licensure under 30.35 subdivision 3. The commissioner shall establish criteria in 30.36 rules for the content and presentation of training courses for 31.1 lead interim control workers. Training course permit fees shall 31.2 be nonrefundable and must be submitted with each application in 31.3 the amount of $500 for an initial training course, $250 for 31.4 renewal of a permit for an initial training course, $250 for a 31.5 refresher training course, and $125 for renewal of a permit of a 31.6 refresher training course. 31.7 Sec. 39. Minnesota Statutes 2000, section 144.9508, 31.8 subdivision 5, is amended to read: 31.9 Subd. 5. [VARIANCES.] In adopting the rules required under 31.10 this section, the commissioner shall provide variance procedures 31.11 for any provision in rules adopted under this section, except 31.12 for the numerical standards for the concentrations of lead in 31.13 paint, dust, bare soil, and drinking water. A variance shall be 31.14 considered only according to the procedures and criteria in 31.15 Minnesota Rules, parts 4717.7000 to 4717.7050. 31.16 Sec. 40. Minnesota Statutes 2000, section 144.9509, 31.17 subdivision 1, is amended to read: 31.18 Subdivision 1. [ENFORCEMENT.] When the commissioner 31.19 exercises authority for enforcement, the provisions of sections 31.20 144.9501 to 144.9509 shall be enforced under the provisions of 31.21 sections 144.989 to 144.993. The commissioner shall develop a31.22 model ordinance for boards of health to adopt to enforce section31.23 144.9504.Boards of health shall enforce a lead order issued 31.24 under section 144.9504 under a local ordinance or as a public 31.25 health nuisance under chapter 145A. 31.26 Sec. 41. Minnesota Statutes 2000, section 144.9509, 31.27 subdivision 3, is amended to read: 31.28 Subd. 3. [ENFORCEMENT AND STATUS REPORT.] The commissioner 31.29 shall examine compliance with Minnesota's existing lead 31.30 standards and rules and report to the legislature biennially, 31.31 beginning February 15, 1997, including an evaluation of current 31.32 lead program activities by the state and boards of health, the 31.33 need for any additional enforcement procedures, recommendations 31.34 on developing a method to enforce compliance with lead 31.35 standards, and cost estimates for any proposed enforcement 31.36 procedure. The report shall also include a geographic analysis32.1 of all blood lead assays showing incidence data and32.2 environmental analyses reported orsummary of lead surveillance 32.3 data collected by the commissioner. 32.4 Sec. 42. [ACCEPTABLE DOCUMENTED METHODOLOGIES] 32.5 When performing a lead hazard screen, lead inspection, lead 32.6 risk assessment, or clearance inspection, the methodologies 32.7 referenced in the United States Environmental Protection Agency 32.8 regulation for lead-based paint activities, Code of Federal 32.9 Regulations, title 40, section 745.227, paragraph (a), clause 32.10 (3), are acceptable documented methodologies. The commissioner 32.11 of health shall amend Minnesota Rules, part 4761.1000, subpart 32.12 7, accordingly and may use the procedures established under 32.13 Minnesota Statutes, section 14.388, clause (3). Except as 32.14 provided in Minnesota Statutes, section 14.388, Minnesota 32.15 Statutes, section 14.386, does not apply. 32.16 Sec. 43. [REPEALER.] 32.17 Minnesota Statutes 2000, sections 144.9501, subdivision 32; 32.18 144.9502, subdivision 6; 144.9503, subdivision 6; 144.9504, 32.19 subdivisions 4 and 11; 144.9505, subdivisions 2 and 5; 144.9506; 32.20 and 144.9508, subdivision 6, are repealed. 32.21 Sec. 44. [EFFECTIVE DATE.] 32.22 Section 42 is effective the day following final enactment. 32.23 ARTICLE 2 32.24 MISCELLANEOUS PROVISIONS 32.25 Section 1. Minnesota Statutes 2000, section 145.425, is 32.26 amended to read: 32.27 145.425 [PAY TOILETS IN PUBLIC PLACES; PROHIBITIONS; 32.28 PENALTY.] 32.29 Pay toilets and urinals in public places, public 32.30 conveyances or public buildings are prohibited unless at least32.31 one-half of the available toilets in the same area or rest room32.32 are free and maintained at the same standards of sanitation and32.33 upkeep. Violation of this section is a misdemeanor. 32.34 Sec. 2. Minnesota Statutes 2000, section 157.20, is 32.35 amended by adding a subdivision to read: 32.36 Subd. 4. [ALTERNATIVE COMPLIANCE METHODS FOR DELEGATED 33.1 AGENCIES.] (a) A local agency operating with a delegation 33.2 agreement under section 145A.07 may request approval from the 33.3 commissioner to supplant subdivisions 1 to 3 with alternative 33.4 compliance methods. The local agency must submit to the 33.5 commissioner: 33.6 (1) the alternative compliance methods that will be taken 33.7 to ensure an equivalent degree of protection to public health, 33.8 safety, or the environment; 33.9 (2) the reasons why alternative methods are requested; 33.10 (3) a plan for evaluating the effectiveness of the 33.11 alternative methods; 33.12 (4) a statement that the local agency applying for approval 33.13 of the alternative methods will comply with the terms, if 33.14 granted; and 33.15 (5) other relevant information the commissioner determines 33.16 necessary to evaluate the request. 33.17 (b) The commissioner may approve the request if the 33.18 alternative methods will have no potential adverse effect on 33.19 public health, safety, or the environment and if the alternative 33.20 methods are equivalent to or superior to those prescribed in 33.21 subdivisions 1 to 3. In approving the request, the commissioner 33.22 may attach conditions the commissioner determines are needed to 33.23 protect public health, safety, or the environment. The 33.24 commissioner shall notify the local agency in writing of the 33.25 commissioner's decision to approve or deny the request. If a 33.26 request is denied, the commissioner shall specify the reasons 33.27 for the denial. 33.28 Sec. 3. [REPEALER.] 33.29 Minnesota Statutes 2000, sections 144.073 and 144.08, are 33.30 repealed.