SF 1931

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

  1.1                          A bill for an act 
  1.2             relating to health; removing unfunded lead-related 
  1.3             mandates; amending Minnesota Statutes 1995 Supplement, 
  1.4             sections 144.9503, subdivision 6; 144.9504, 
  1.5             subdivisions 2, 7, and 8; and 144.9505, subdivision 4; 
  1.6             repealing Minnesota Statutes 1995 Supplement, sections 
  1.7             144.9503, subdivisions 8 and 9; and 144.9505, 
  1.8             subdivision 5. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1995 Supplement, section 
  1.11  144.9503, subdivision 6, is amended to read: 
  1.12     Subd. 6.  [VOLUNTARY LEAD HAZARD REDUCTION.] The 
  1.13  commissioner shall monitor the lead hazard reduction methods 
  1.14  adopted under section 144.9508 in cases of voluntary lead hazard 
  1.15  reduction.  All contractors hired to do voluntary lead hazard 
  1.16  reduction must be licensed lead contractors.  If a property 
  1.17  owner does not use a lead contractor for voluntary lead hazard 
  1.18  reduction, the property owner shall provide the commissioner 
  1.19  with a plan for lead hazard reduction at least ten working days 
  1.20  before beginning the lead hazard reduction.  The plan must 
  1.21  include the details required in section 144.9505, and notice as 
  1.22  to when lead hazard reduction activities will begin.  No penalty 
  1.23  shall be assessed against a property owner for discontinuing 
  1.24  voluntary lead hazard reduction before completion of the plan, 
  1.25  provided that the property owner discontinues the plan in a 
  1.26  manner that leaves the property in a condition no more hazardous 
  1.27  than its condition before the plan implementation. 
  2.1      Sec. 2.  Minnesota Statutes 1995 Supplement, section 
  2.2   144.9504, subdivision 2, is amended to read: 
  2.3      Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
  2.4   conduct a lead inspection of a residence according to the venous 
  2.5   blood lead level and time frame set forth in clauses (1) to (4) 
  2.6   for purposes of secondary prevention:  
  2.7      (1) within 48 hours of a child or pregnant female in the 
  2.8   residence being identified to the agency as having a venous 
  2.9   blood lead level equal to or greater than 70 micrograms of lead 
  2.10  per deciliter of whole blood; 
  2.11     (2) within five working days of a child or pregnant female 
  2.12  in the residence being identified to the agency as having a 
  2.13  venous blood lead level equal to or greater than 45 micrograms 
  2.14  of lead per deciliter of whole blood; 
  2.15     (3) within ten working days of a child or pregnant female 
  2.16  in the residence being identified to the agency as having a 
  2.17  venous blood lead level equal to or greater than 20 micrograms 
  2.18  of lead per deciliter of whole blood; or 
  2.19     (4) within ten working days of a child or pregnant female 
  2.20  in the residence being identified to the agency as having a 
  2.21  venous blood lead level that persists in the range of 15 to 19 
  2.22  micrograms of lead per deciliter of whole blood for 90 days 
  2.23  after initial identification.  
  2.24     (b) Within the limits of available state and federal 
  2.25  appropriations, an inspecting agency may also conduct a lead 
  2.26  inspection for children with any elevated blood lead level.  
  2.27     (c) In a building with two or more dwelling units, an 
  2.28  inspecting agency shall inspect the individual unit in which the 
  2.29  conditions of this section are met and shall also inspect all 
  2.30  common areas.  If a child visits one or more other sites such as 
  2.31  another residence, or a residential or commercial child care 
  2.32  facility, playground, or school, the inspecting agency shall 
  2.33  also inspect the other sites.  The inspecting agency shall have 
  2.34  one additional day added to the time frame set forth in this 
  2.35  subdivision to complete the lead inspection for each additional 
  2.36  site.  
  3.1      (d) The inspecting agency shall identify the known 
  3.2   addresses for the previous 12 months of the child or pregnant 
  3.3   female with elevated blood lead levels; notify the property 
  3.4   owners, landlords, and tenants at those addresses that an 
  3.5   elevated blood lead level was found in a person who resided at 
  3.6   the property; and give them a copy of the lead inspection guide. 
  3.7   This information shall be classified as private data on 
  3.8   individuals as defined under section 13.02, subdivision 12.  
  3.9      (e) (d) The inspecting agency shall conduct the lead 
  3.10  inspection according to rules adopted by the commissioner under 
  3.11  section 144.9508.  An inspecting agency shall have lead 
  3.12  inspections performed by lead inspectors licensed by the 
  3.13  commissioner according to rules adopted under section 144.9508.  
  3.14  If a property owner refuses to allow an inspection, the 
  3.15  inspecting agency shall begin legal proceedings to gain entry to 
  3.16  the property and the time frame for conducting a lead inspection 
  3.17  set forth in this subdivision no longer applies.  An inspector 
  3.18  or inspecting agency may observe the performance of lead hazard 
  3.19  reduction in progress and shall enforce the provisions of this 
  3.20  section under section 144.9509.  Deteriorated painted surfaces, 
  3.21  bare soil, dust, and drinking water must be tested with 
  3.22  appropriate analytical equipment to determine the lead content, 
  3.23  except that deteriorated painted surfaces or bare soil need not 
  3.24  be tested if the property owner agrees to engage in lead hazard 
  3.25  reduction on those surfaces.  
  3.26     (f) (e) A lead inspector shall notify the commissioner and 
  3.27  the board of health of all violations of lead standards under 
  3.28  section 144.9508, that are identified in a lead inspection 
  3.29  conducted under this section.  
  3.30     (g) (f) Each inspecting agency shall establish an 
  3.31  administrative appeal procedure which allows a property owner to 
  3.32  contest the nature and conditions of any lead order issued by 
  3.33  the inspecting agency.  Inspecting agencies must consider 
  3.34  appeals that propose lower cost methods that make the residence 
  3.35  lead safe. 
  3.36     (h) (g) Sections 144.9501 to 144.9509 neither authorize nor 
  4.1   prohibit an inspecting agency from charging a property owner for 
  4.2   the cost of a lead inspection.  
  4.3      Sec. 3.  Minnesota Statutes 1995 Supplement, section 
  4.4   144.9504, subdivision 7, is amended to read: 
  4.5      Subd. 7.  [RELOCATION OF RESIDENTS.] (a) An inspecting 
  4.6   agency shall ensure that residents are relocated from rooms or 
  4.7   dwellings during a lead hazard reduction process that generates 
  4.8   leaded dust, such as removal or disruption of lead-based paint 
  4.9   or plaster that contains lead.  Residents shall not remain in 
  4.10  rooms or dwellings where the lead hazard reduction process is 
  4.11  occurring.  An inspecting agency is not required to pay for 
  4.12  relocation unless state or federal funding is available for this 
  4.13  purpose.  The inspecting agency shall make an effort to assist 
  4.14  the resident in locating resources that will provide assistance 
  4.15  with relocation costs.  Residents shall be allowed to return to 
  4.16  the residence or dwelling after completion of the lead hazard 
  4.17  reduction process.  An inspecting agency shall use grant funds 
  4.18  under section 144.9507 if available, in cooperation with local 
  4.19  housing agencies, to pay for moving costs and rent for a 
  4.20  temporary residence for any low-income resident temporarily 
  4.21  relocated during lead hazard reduction.  For purposes of this 
  4.22  section, "low-income resident" means any resident whose gross 
  4.23  household income is at or below 185 percent of federal poverty 
  4.24  level.  
  4.25     (b) A resident of rental property who is notified by an 
  4.26  inspecting agency to vacate the premises during lead hazard 
  4.27  reduction, notwithstanding any rental agreement or lease 
  4.28  provisions:  
  4.29     (1) shall not be required to pay rent due the landlord for 
  4.30  the period of time the tenant vacates the premises due to lead 
  4.31  hazard reduction; 
  4.32     (2) may elect to immediately terminate the tenancy 
  4.33  effective on the date the tenant vacates the premises due to 
  4.34  lead hazard reduction; and 
  4.35     (3) shall not, if the tenancy is terminated, be liable for 
  4.36  any further rent or other charges due under the terms of the 
  5.1   tenancy. 
  5.2      (c) A landlord of rental property whose tenants vacate the 
  5.3   premises during lead hazard reduction shall:  
  5.4      (1) allow a tenant to return to the dwelling unit after 
  5.5   lead hazard reduction and clearance inspection, required under 
  5.6   this section, is completed, unless the tenant has elected to 
  5.7   terminate the tenancy as provided for in paragraph (b); and 
  5.8      (2) return any security deposit due under section 504.20 
  5.9   within five days of the date the tenant vacates the unit, to any 
  5.10  tenant who terminates tenancy as provided for in paragraph (b).  
  5.11     Sec. 4.  Minnesota Statutes 1995 Supplement, section 
  5.12  144.9504, subdivision 8, is amended to read: 
  5.13     Subd. 8.  [PROPERTY OWNER RESPONSIBILITY.] Property owners 
  5.14  shall comply with lead orders issued under this section within 
  5.15  60 days or be subject to enforcement actions as provided under 
  5.16  section 144.9509.  For orders or portions of orders concerning 
  5.17  external lead hazards, property owners shall comply within 60 
  5.18  days, or as soon thereafter as weather permits.  If the property 
  5.19  owner does not use a lead contractor for compliance with the 
  5.20  lead orders, the property owner shall submit a plan for approval 
  5.21  by the inspecting agency within 30 days after receiving the 
  5.22  orders.  The plan must include the details required in section 
  5.23  144.9505 as to how the property owner intends to comply with the 
  5.24  lead orders and notice as to when lead hazard reduction 
  5.25  activities will begin. 
  5.26     Sec. 5.  Minnesota Statutes 1995 Supplement, section 
  5.27  144.9505, subdivision 4, is amended to read: 
  5.28     Subd. 4.  [NOTICE OF LEAD ABATEMENT OR LEAD HAZARD 
  5.29  REDUCTION WORK.] (a) At least five days before starting work at 
  5.30  each lead abatement or lead hazard reduction worksite, the 
  5.31  person performing the lead abatement or lead hazard reduction 
  5.32  work shall give written notice and an approved work plan as 
  5.33  required in this section to the commissioner and the appropriate 
  5.34  board of health. 
  5.35     (b) This provision does not apply to swab team workers 
  5.36  performing work under an order of an inspecting agency. 
  6.1      Sec. 6.  [REPEALER.] 
  6.2      Minnesota Statutes 1995 Supplement, sections 144.9503, 
  6.3   subdivisions 8 and 9; and 144.9505, subdivision 5, are repealed.