2nd Engrossment - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am
1.1 A bill for an act 1.2 relating to state government; codifying reorganization 1.3 order number 179 with respect to the departments of 1.4 children, families, and learning and economic 1.5 security; amending Minnesota Statutes 1996, sections 1.6 13.99, subdivision 81; 216B.241, subdivision 2a; 1.7 239.785, subdivision 6; and 462A.05, subdivision 15c; 1.8 Minnesota Statutes 1997 Supplement, sections 119A.15, 1.9 subdivision 5a; and 268.19; proposing coding for new 1.10 law in Minnesota Statutes, chapter 119A; repealing 1.11 Minnesota Statutes 1996, sections 4.071, subdivision 1.12 3; 268.37; 268.371; 268.38, subdivisions 1, 2, 3, 4, 1.13 5, 6, 8, 9, and 12; 268.55; and 268.92; Minnesota 1.14 Statutes 1997 Supplement, sections 268.38, subdivision 1.15 7; and 268.917. 1.16 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.17 Section 1. Minnesota Statutes 1996, section 13.99, 1.18 subdivision 81, is amended to read: 1.19 Subd. 81. [TRANSITIONAL HOUSING DATA.] Certain data 1.20 collected, used, or maintained by the recipient of a grant to 1.21 provide transitional housing are classified under section
268.381.22 119A.43, subdivision 9. 1.23 Sec. 2. Minnesota Statutes 1997 Supplement, section 1.24 119A.15, subdivision 5a, is amended to read: 1.25 Subd. 5a. [EXCLUDED PROGRAMS.] Programs transferred to the 1.26 department of children, families, and learning from the 1.27 department of economic security may not be included in the 1.28 consolidated funding account and are ineligible for local 1.29 consolidation. The commissioner may not apply for federal 1.30 waivers to include these programs in funding consolidation 2.1 initiatives. The programs include the following: 2.2 (1) programs for the homeless under sections 268.365 ,2.3 2.4 268.38,and 268.39119A.43; 2.5 (2) emergency energy assistance and energy conservation 2.6 programs under sections 4.071119A.40 and 268.371119A.42; 2.7 (3) weatherization programs under section 268.37119A.41; 2.8 (4) foodshelf programs under section 268.55119A.44 and the 2.9 emergency food assistance program; and 2.10 (5) lead abatement programs under section 268.92119A.45. 2.11 Sec. 3. [119A.40] [OIL OVERCHARGE MONEY FOR ENERGY 2.12 CONSERVATION.] 2.13 The oil overcharge money that is not otherwise appropriated 2.14 by law or dedicated by court order is appropriated to the 2.15 commissioner for energy conservation projects that directly 2.16 serve low-income Minnesotans. This appropriation is available 2.17 until spent. 2.18 Sec. 4. [119A.41] [COORDINATION OF FEDERAL AND STATE 2.19 RESIDENTIAL WEATHERIZATION PROGRAMS.] 2.20 Subdivision 1. [AGENCY DESIGNATION.] The department is the 2.21 state agency to apply for, receive, and disburse money made 2.22 available to the state by federal law for the purpose of 2.23 weatherizing the residences of low-income persons. The 2.24 commissioner must coordinate available federal money with state 2.25 money appropriated for this purpose. 2.26 Subd. 2. [GRANTS.] The commissioner must make grants of 2.27 federal and state money to community action agencies and other 2.28 public or private nonprofit agencies for the purpose of 2.29 weatherizing the residences of low-income persons. Grant 2.30 applications must be submitted in accordance with rules 2.31 promulgated by the commissioner. 2.32 Subd. 3. [BENEFITS OF WEATHERIZATION.] In the case of any 2.33 grant made to an owner of a rental dwelling unit for 2.34 weatherization, the commissioner must require that (1) the 2.35 benefits of weatherization assistance in connection with the 2.36 dwelling unit accrue primarily to the low-income family that 2.37 resides in the unit; (2) the rents on the dwelling unit will not 3.1 be raised because of any increase in value due solely to the 3.2 weatherization assistance; and (3) no undue or excessive 3.3 enhancement will occur to the value of the dwelling unit. 3.4 Subd. 4. [RULES.] The commissioner must promulgate rules 3.5 that describe procedures for the administration of grants, data 3.6 to be reported by grant recipients, and compliance with relevant 3.7 federal regulations. The commissioner must require that a 3.8 rental unit weatherized under this section be rented to a 3.9 household meeting the income limits of the program for 24 of the 3.10 36 months after weatherization is complete. In applying this 3.11 restriction to multiunit buildings weatherized under this 3.12 section, the commissioner must require that occupancy continue 3.13 to reflect the proportion of eligible households in the building 3.14 at the time of weatherization. 3.15 Subd. 5. [GRANT ALLOCATION.] The commissioner must 3.16 distribute supplementary state grants in a manner consistent 3.17 with the goal of producing the maximum number of weatherized 3.18 units. Supplementary state grants are provided primarily for 3.19 the payment of additional labor costs for the federal 3.20 weatherization program, and as an incentive for the increased 3.21 production of weatherized units. 3.22 Criteria for the allocation of state grants to local 3.23 agencies include existing local agency production levels, 3.24 emergency needs, and the potential for maintaining or increasing 3.25 acceptable levels of production in the area. 3.26 An eligible local agency may receive advance funding for 90 3.27 days' production, but thereafter must receive grants solely on 3.28 the basis of program criteria. 3.29 Subd. 6. [ELIGIBILITY CRITERIA.] To the extent allowed by 3.30 federal regulations, the commissioner must ensure that the same 3.31 income eligibility criteria apply to both the weatherization 3.32 program and the energy assistance program. 3.33 Sec. 5. [119A.42] [EMERGENCY ENERGY ASSISTANCE; FUEL 3.34 FUNDS.] 3.35 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 3.36 subdivision apply to this section. 4.1 (b) "Energy provider" means a person who provides heating 4.2 fuel, including natural gas, electricity, fuel oil, propane, 4.3 wood, or other form of heating fuel, to residences at retail. 4.4 (c) "Fuel fund" means a fund established by an energy 4.5 provider, the state, or any other entity that collects and 4.6 distributes money for low-income emergency energy assistance and 4.7 meets the minimum criteria, including income eligibility 4.8 criteria, for receiving money from the federal Low-Income Home 4.9 Energy Assistance Program and the program's Incentive Fund for 4.10 Leveraging Non-Federal Resources. 4.11 Subd. 2. [ENERGY PROVIDERS; REQUIREMENT.] Each energy 4.12 provider may solicit contributions from its energy customers for 4.13 deposit in a fuel fund established by the energy provider, a 4.14 fuel fund established by another energy provider or other 4.15 entity, or the statewide fuel account established in subdivision 4.16 3, for the purpose of providing emergency energy assistance to 4.17 low-income households that qualify under the federal eligibility 4.18 criteria of the federal Low-Income Home Energy Assistance 4.19 Program. Solicitation of contributions from customers may be 4.20 made at least annually and may provide each customer an 4.21 opportunity to contribute as part of payment of bills for 4.22 provision of service or provide an alternate, convenient way for 4.23 customers to contribute. 4.24 Subd. 3. [STATEWIDE FUEL ACCOUNT; APPROPRIATION.] The 4.25 commissioner must establish a statewide fuel account. The 4.26 commissioner may develop and implement a program to solicit 4.27 contributions, manage the receipts, and distribute emergency 4.28 energy assistance to low-income households, as defined in the 4.29 federal Low-Income Home Energy Assistance Program, on a 4.30 statewide basis. All money remitted to the commissioner for 4.31 deposit in the statewide fuel account is appropriated to the 4.32 commissioner for the purpose of developing and implementing the 4.33 program. No more than ten percent of the money received in the 4.34 first two years of the program may be used for the 4.35 administrative expenses of the commissioner to implement the 4.36 program and no more than five percent of the money received in 5.1 any subsequent year may be used for administration of the 5.2 program. 5.3 Subd. 4. [EMERGENCY ENERGY ASSISTANCE ADVISORY COUNCIL.] 5.4 The commissioner must appoint an advisory council to advise the 5.5 commissioner on implementation of this section. At least 5.6 one-third of the advisory council must be composed of persons 5.7 from households that are eligible for emergency energy 5.8 assistance under the federal Low-Income Home Energy Assistance 5.9 Program. The remaining two-thirds of the advisory council must 5.10 be composed of persons representing energy providers, customers, 5.11 local energy assistance providers, existing fuel fund delivery 5.12 agencies, and community action agencies. Members of the 5.13 advisory council may receive expenses, but no other 5.14 compensation, as provided in section 15.059, subdivision 3. 5.15 Appointment and removal of members is governed by section 15.059. 5.16 Sec. 6. [119A.425] [DATA PRIVACY; ENERGY PROGRAMS.] 5.17 Data on individuals collected, maintained, or created 5.18 because an individual applies for benefits or services provided 5.19 by the energy assistance and weatherization programs is private 5.20 data on individuals and must not be disseminated except pursuant 5.21 to section 13.05, subdivisions 3 and 4. 5.22 Sec. 7. [119A.43] [TRANSITIONAL HOUSING PROGRAMS.] 5.23 Subdivision 1. [DEFINITIONS.] (a) The definitions in this 5.24 subdivision apply to this section. 5.25 (b) "Transitional housing" means housing designed for 5.26 independent living and provided to a homeless person or family 5.27 at a rental rate of at least 25 percent of the family income for 5.28 a period of up to 24 months. If a transitional housing program 5.29 is associated with a licensed facility or shelter, it must be 5.30 located in a separate facility or a specified section of the 5.31 main facility where residents can be responsible for their own 5.32 meals and other daily needs. 5.33 (c) "Support services" means an assessment service that 5.34 identifies the needs of individuals for independent living and 5.35 arranges or provides for the appropriate educational, social, 5.36 legal, advocacy, child care, employment, financial, health care, 6.1 or information and referral services to meet these needs. 6.2 Subd. 2. [ESTABLISHMENT AND ADMINISTRATION.] A 6.3 transitional housing program is established to be administered 6.4 by the commissioner. The commissioner may make grants to 6.5 eligible recipients or enter into agreements with community 6.6 action agencies or other public or private nonprofit agencies to 6.7 make grants to eligible recipients to initiate, maintain, or 6.8 expand programs to provide transitional housing and support 6.9 services for persons in need of transitional housing, which may 6.10 include up to six months of follow-up support services for 6.11 persons who complete transitional housing as they stabilize in 6.12 permanent housing. The commissioner must ensure that money 6.13 appropriated to implement this section is distributed as soon as 6.14 practicable. The commissioner may make grants directly to 6.15 eligible recipients. 6.16 Subd. 3. [ELIGIBLE RECIPIENTS.] A housing and 6.17 redevelopment authority established under section 469.003 or a 6.18 community action agency recognized under section 268.53 is 6.19 eligible for assistance under the program. In addition, a 6.20 partnership, joint venture, corporation, or association that 6.21 meets the following requirements is also eligible: 6.22 (1) it is established for a purpose not involving pecuniary 6.23 gain to its members, partners, or shareholders; 6.24 (2) it does not pay dividends or other pecuniary 6.25 remuneration, directly or indirectly, to its members, partners, 6.26 or shareholders; and 6.27 (3) in the case of a private, nonprofit corporation, it is 6.28 established under and in compliance with chapter 317A. 6.29 Subd. 4. [APPLICATIONS.] An eligible recipient may apply 6.30 to the commissioner, or to a nonprofit agency designated by the 6.31 commissioner, for a grant to initiate, maintain, or expand a 6.32 program providing transitional housing and support services for 6.33 persons in need of transitional housing. The application must 6.34 include: 6.35 (1) a proposal for the provision of transitional housing 6.36 and support services, including program objectives, availability 7.1 of adequate funding, appropriateness of the proposed program for 7.2 the population to be served, and how the program will help 7.3 individuals to move into permanent housing; 7.4 (2) a proposed budget; 7.5 (3) a plan for collection of required data and the method 7.6 to be used for program evaluation; and 7.7 (4) evidence of the participation in the development of the 7.8 application of any agency or governmental body that will provide 7.9 essential services or assistance to the program. 7.10 Subd. 5. [CRITERIA FOR GRANT AWARDS.] Criteria for the 7.11 award of grants must include: 7.12 (1) evidence that the application meets all program 7.13 requirements; 7.14 (2) evidence of the need of the applicant for state 7.15 assistance and of the need for the particular program; 7.16 (3) indication of long-range plans for future funding if 7.17 the need continues to exist for the service; and 7.18 (4) assurance that grants are awarded to as wide a variety 7.19 of programs as possible, with emphasis on programs that 7.20 concentrate on long-term solutions to individual housing 7.21 problems. 7.22 Subd. 6. [PROGRAMS DESIGNATED.] At least two programs 7.23 funded must be located in the seven-county metropolitan area and 7.24 at least one program must be located outside of the metropolitan 7.25 area. The commissioner may fund programs designed primarily to 7.26 serve families with children, single persons, and persons 7.27 leaving a shelter for family abuse. 7.28 Subd. 7. [FUNDING COORDINATION.] Grant recipients must 7.29 combine funds awarded under this section with other funds from 7.30 public and private sources. 7.31 Subd. 8. [PROGRAM INFORMATION.] In order to collect 7.32 uniform data to better measure the nature and extent of the need 7.33 for transitional housing, grant recipients must collect and make 7.34 available to the commissioner the following information: 7.35 (1) the number of requests received for transitional 7.36 housing, including the number of persons requiring assistance; 8.1 (2) the number of persons for whom services are provided, 8.2 listed by age; 8.3 (3) reasons for seeking assistance; 8.4 (4) length of stay; 8.5 (5) reasons for leaving the housing program; 8.6 (6) demand for support services; 8.7 (7) follow-up information on status of persons assisted, 8.8 including source of income and whether living independently, 8.9 employed, or in treatment, unless the information is not 8.10 available; and 8.11 (8) source of income on entering the program, prior 8.12 residence, race, and sex of persons assisted. 8.13 Subd. 9. [PRIVATE DATA.] Personal history information and 8.14 other information collected, used, or maintained by a grant 8.15 recipient from which the identity of any individual receiving 8.16 services may be determined is private data on individuals, as 8.17 defined in section 13.02, subdivision 12, and the grant 8.18 recipient must maintain the data in accordance with the 8.19 provisions of chapter 13. 8.20 Subd. 10. [LICENSING REQUIREMENTS NOT APPLICABLE.] The 8.21 requirements of sections 245A.01 to 245A.16 do not apply to 8.22 transitional housing and support services funded under this 8.23 section unless the commissioner of human services determines 8.24 that the program is primarily a residential program within the 8.25 meaning of section 245A.02, subdivision 14. 8.26 Sec. 8. [119A.44] [FOODSHELF.] 8.27 Subdivision 1. [DISTRIBUTION OF APPROPRIATION.] The 8.28 commissioner must distribute funds appropriated to the 8.29 commissioner by law for that purpose to the Minnesota Foodshelf 8.30 Association, a statewide association of foodshelves organized as 8.31 a nonprofit corporation as defined under section 501(c)(3) of 8.32 the Internal Revenue Code of 1986, to distribute to qualifying 8.33 foodshelves. A foodshelf qualifies under this section if: 8.34 (1) it is a nonprofit corporation, or is affiliated with a 8.35 nonprofit corporation, as defined in section 501(c)(3) of the 8.36 Internal Revenue Code of 1986; 9.1 (2) it distributes standard food orders without charge to 9.2 needy individuals. The standard food order must consist of at 9.3 least a two-day supply or six pounds per person of nutritionally 9.4 balanced food items; 9.5 (3) it does not limit food distributions to individuals of 9.6 a particular religious affiliation, race, or other criteria 9.7 unrelated to need or to requirements necessary to administration 9.8 of a fair and orderly distribution system; 9.9 (4) it does not use the money received or the food 9.10 distribution program to foster or advance religious or political 9.11 views; and 9.12 (5) it has a stable address and directly serves individuals. 9.13 Subd. 2. [APPLICATION.] In order to receive money 9.14 appropriated under this section, the Minnesota Foodshelf 9.15 Association must apply to the commissioner. The application 9.16 must be in a form prescribed by the commissioner and must 9.17 indicate the proportion of money each qualifying foodshelf shall 9.18 receive. Applications must be filed at the times and for the 9.19 periods determined by the commissioner. 9.20 Subd. 3. [DISTRIBUTION FORMULA.] The Minnesota Foodshelf 9.21 Association must distribute money distributed to it by the 9.22 department to foodshelf programs in proportion to the number of 9.23 individuals served by each foodshelf program. The commissioner 9.24 must gather data from the Minnesota Foodshelf Association or 9.25 other appropriate sources to determine the proportionate amount 9.26 each qualifying foodshelf program is entitled to receive. The 9.27 commissioner may increase or decrease the qualifying foodshelf 9.28 program's proportionate amount if the commissioner determines 9.29 the increase or decrease is necessary or appropriate to meet 9.30 changing needs or demands. 9.31 Subd. 4. [USE OF MONEY.] At least 96 percent of the money 9.32 distributed to the Minnesota Foodshelf Association under this 9.33 section must be distributed to foodshelf programs to purchase, 9.34 transport and coordinate the distribution of nutritious food to 9.35 needy individuals and families. No more than four percent of 9.36 the money may be expended for other expenses, such as rent, 10.1 salaries, and other administrative expenses of the Minnesota 10.2 Foodshelf Association. 10.3 Subd. 5. [ENFORCEMENT.] The Minnesota Foodshelf 10.4 Association must retain records documenting expenditure of the 10.5 money and comply with any additional requirements imposed by the 10.6 commissioner. The commissioner may require the Minnesota 10.7 Foodshelf Association to report on its use of the funds. The 10.8 commissioner may require that the report contain an independent 10.9 audit. If ineligible expenditures are made by the Minnesota 10.10 Foodshelf Association, the ineligible amount must be repaid to 10.11 the commissioner and deposited in the general fund. 10.12 Subd. 6. [ADMINISTRATIVE EXPENSES.] All funds appropriated 10.13 under this section must be distributed to the Minnesota 10.14 Foodshelf Association as provided under this section with 10.15 deduction by the commissioner for administrative expenses 10.16 limited to 1.8 percent. 10.17 Sec. 9. [119A.45] [EARLY CHILDHOOD LEARNING AND CHILD 10.18 PROTECTION FACILITIES.] 10.19 The commissioner may make grants to state agencies and 10.20 political subdivisions to construct or rehabilitate facilities 10.21 for Head Start, early childhood and family education programs, 10.22 other early childhood intervention programs, or demonstration 10.23 family service centers housing multiagency collaboratives, with 10.24 priority to centers in counties or municipalities with the 10.25 highest number of children living in poverty. The commissioner 10.26 may also make grants to state agencies and political 10.27 subdivisions to construct or rehabilitate facilities for crisis 10.28 nurseries or child visitation centers. The facilities must be 10.29 owned by the state or a political subdivision, but may be leased 10.30 under section 16A.695 to organizations that operate the 10.31 programs. The commissioner must prescribe the terms and 10.32 conditions of the leases. A grant for an individual facility 10.33 must not exceed $200,000 for each program that is housed in the 10.34 facility, up to a maximum of $500,000 for a facility that houses 10.35 three programs or more. The commissioner must give priority to 10.36 grants that involve collaboration among sponsors of programs 11.1 under this section. At least 25 percent of the amounts 11.2 appropriated for these grants must be used in conjunction with 11.3 the youth employment and training programs operated by the 11.4 commissioner of economic security. Eligible programs must 11.5 consult with appropriate labor organizations to deliver 11.6 education and training. 11.7 Sec. 10. [119A.46] [LEAD ABATEMENT PROGRAM.] 11.8 Subdivision 1. [DEFINITIONS.] (a) The definitions in 11.9 section 144.9501 and in this subdivision apply to this section. 11.10 (b) "Eligible organization" means a lead contractor, city, 11.11 board of health, community health department, community action 11.12 agency as defined in section 268.52, or community development 11.13 corporation. 11.14 (c) "Commissioner" means the commissioner of children, 11.15 families, and learning, or the commissioner of the Minnesota 11.16 housing finance agency as authorized by section 462A.05, 11.17 subdivision 15c. 11.18 Subd. 2. [GRANTS; ADMINISTRATION.] Within the limits of 11.19 the available appropriation, the commissioner must develop a 11.20 swab team services program which may make demonstration and 11.21 training grants to eligible organizations to train workers to 11.22 provide swab team services and swab team services for 11.23 residential property. Grants may be awarded to nonprofit 11.24 organizations to provide technical assistance and training to 11.25 ensure quality and consistency within the statewide program. 11.26 Grants must be awarded to help ensure full-time employment to 11.27 workers providing swab team services and must be awarded for a 11.28 two-year period. 11.29 Grants awarded under this section must be made in 11.30 consultation with the commissioners of the department of health 11.31 and the housing finance agency, and representatives of 11.32 neighborhood groups from areas at high risk for toxic lead 11.33 exposure, a labor organization, the lead coalition, community 11.34 action agencies, and the legal aid society. The consulting team 11.35 must review grant applications and recommend awards to eligible 11.36 organizations that meet requirements for receiving a grant under 12.1 this section. 12.2 Subd. 3. [APPLICANTS.] (a) Interested eligible 12.3 organizations may apply to the commissioner for grants under 12.4 this section. Two or more eligible organizations may jointly 12.5 apply for a grant. Priority shall be given to community action 12.6 agencies in greater Minnesota and to either community action 12.7 agencies or neighborhood based nonprofit organizations in cities 12.8 of the first class. Of the total annual appropriation, 12.5 12.9 percent may be used for administrative purposes. The 12.10 commissioner may deviate from this percentage if a grantee can 12.11 justify the need for a larger administrative allowance. Of this 12.12 amount, up to five percent may be used by the commissioner for 12.13 state administrative purposes. Applications must provide 12.14 information requested by the commissioner, including at least 12.15 the information required to assess the factors listed in 12.16 paragraph (d). 12.17 (b) The commissioner must coordinate with the commissioner 12.18 of health who must consult with boards of health to provide swab 12.19 team services for purposes of secondary prevention. The 12.20 priority for swab teams created by grants to eligible 12.21 organizations under this section must be work assigned by the 12.22 commissioner of health, or by a board of health if so designated 12.23 by the commissioner of health, to provide secondary prevention 12.24 swab team services to fulfill the requirements of section 12.25 144.9504, subdivision 6, in response to a lead order. Swab 12.26 teams assigned work under this section by the commissioner, that 12.27 are not engaged daily in fulfilling the requirements of section 12.28 144.9504, subdivision 6, must deliver swab team services in 12.29 response to elevated blood lead levels as defined in section 12.30 144.9501, subdivision 9, where lead orders were not issued, and 12.31 for purposes of primary prevention in census tracts known to be 12.32 in areas at high risk for toxic lead exposure as described in 12.33 section 144.9503, subdivision 2. 12.34 (c) Any additional money must be used for grants to 12.35 establish swab teams for primary prevention under section 12.36 144.9503, in census tracts in areas at high risk for toxic lead 13.1 exposure as determined under section 144.9503, subdivision 2. 13.2 (d) In evaluating grant applications, the commissioner must 13.3 consider the following criteria: 13.4 (1) the use of lead contractors and lead workers for 13.5 residential swab team services; 13.6 (2) the participation of neighborhood groups and 13.7 individuals, as swab team workers, in areas at high risk for 13.8 toxic lead exposure; 13.9 (3) plans for the provision of swab team services for 13.10 primary and secondary prevention as required under subdivision 13.11 4; 13.12 (4) plans for supervision, training, career development, 13.13 and postprogram placement of swab team members; 13.14 (5) plans for resident and property owner education on lead 13.15 safety; 13.16 (6) plans for distributing cleaning supplies to area 13.17 residents and educating residents and property owners on 13.18 cleaning techniques; 13.19 (7) sources of other funding and cost estimates for 13.20 training, lead inspections, swab team services, equipment, 13.21 monitoring, testing, and administration; 13.22 (8) measures of program effectiveness; 13.23 (9) coordination of program activities with other federal, 13.24 state, and local public health, job training, apprenticeship, 13.25 and housing renovation programs including the emergency jobs 13.26 program under sections 268.672 to 268.881; and 13.27 (10) prior experience in providing swab team services. 13.28 Subd. 4. [LEAD CONTRACTORS.] (a) Eligible organizations 13.29 and lead contractors may participate in the swab team program. 13.30 An eligible organization receiving a grant under this section 13.31 must assure that all participating lead contractors are licensed 13.32 and that all swab team workers are certified by the department 13.33 of health under section 144.9505. Eligible organizations and 13.34 lead contractors may distinguish between interior and exterior 13.35 services in assigning duties and may participate in the program 13.36 by: 14.1 (1) providing on-the-job training for swab team workers; 14.2 (2) providing swab team services to meet the requirements 14.3 of sections 144.9503, subdivision 4, and 144.9504, subdivision 14.4 6; 14.5 (3) providing a removal and replacement component using 14.6 skilled craft workers under subdivision 7; 14.7 (4) providing lead testing according to subdivision 8; 14.8 (5) providing lead dust cleaning supplies, as described in 14.9 section 144.9503, subdivision 5, paragraph (b), to residents; or 14.10 (6) having a swab team worker instruct residents and 14.11 property owners on appropriate lead control techniques, 14.12 including the lead-safe directives developed by the commissioner 14.13 of health. 14.14 (b) Participating lead contractors must: 14.15 (1) demonstrate proof of workers' compensation and general 14.16 liability insurance coverage; 14.17 (2) be knowledgeable about lead abatement requirements 14.18 established by the Department of Housing and Urban Development 14.19 and the Occupational Safety and Health Administration and lead 14.20 hazard reduction requirements and lead-safe directives of the 14.21 commissioner of health; 14.22 (3) demonstrate experience with on-the-job training 14.23 programs; 14.24 (4) demonstrate an ability to recruit employees from areas 14.25 at high risk for toxic lead exposure; and 14.26 (5) demonstrate experience in working with low-income 14.27 clients. 14.28 Subd. 5. [SWAB TEAM WORKERS.] Each worker engaged in swab 14.29 team services established under this section must have blood 14.30 lead concentrations below 15 micrograms of lead per deciliter of 14.31 whole blood as determined by a baseline blood lead screening. 14.32 Any organization receiving a grant under this section is 14.33 responsible for lead screening and must assure that all swab 14.34 team workers meet the standards established in this 14.35 subdivision. Grantees must use appropriate workplace procedures 14.36 including following the lead-safe directives developed by the 15.1 commissioner of health to reduce risk of elevated blood lead 15.2 levels. Grantees and participating contractors must report all 15.3 employee blood lead levels that exceed 15 micrograms of lead per 15.4 deciliter of whole blood to the commissioner of health. 15.5 Subd. 6. [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 15.6 established under this section must provide on-the-job training 15.7 for swab team workers. Training methods must follow procedures 15.8 established under section 144.9506. 15.9 (b) Swab team workers must receive monetary compensation 15.10 equal to the prevailing wage as defined in section 177.42, 15.11 subdivision 6, for comparable jobs in the licensed contractor's 15.12 principal business. 15.13 Subd. 7. [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within 15.14 the limits of the available appropriation and if a need is 15.15 identified by a lead inspector, the commissioner may establish a 15.16 component for removal and replacement of deteriorated paint in 15.17 residential properties according to the following criteria: 15.18 (1) components within a residence must have both 15.19 deteriorated lead-based paint and substrate damage beyond repair 15.20 or rotting wooden framework to be eligible for removal and 15.21 replacement; 15.22 (2) all removal and replacement must be done using 15.23 least-cost methods and following lead-safe directives; 15.24 (3) whenever windows and doors or other components covered 15.25 with deteriorated lead-based paint have sound substrate or are 15.26 not rotting, those components should be repaired, sent out for 15.27 stripping, planed down to remove deteriorated lead-based paint, 15.28 or covered with protective guards instead of being replaced, 15.29 provided that such an activity is the least cost method of 15.30 providing the swab team service; 15.31 (4) removal and replacement or repair must be done by lead 15.32 contractors using skilled craft workers or trained swab team 15.33 members; and 15.34 (5) all craft work that requires a state license must be 15.35 supervised by a person with a state license in the craft work 15.36 being supervised. The grant recipient may contract for this 16.1 supervision. 16.2 (b) The program design must: 16.3 (1) identify the need for on-the-job training of swab team 16.4 workers to be removal and replacement workers; and 16.5 (2) describe plans to involve appropriate groups in 16.6 designing methods to meet the need for training swab team 16.7 workers. 16.8 Subd. 8. [TESTING AND EVALUATION.] (a) Testing of the 16.9 environment is not necessary by swab teams whose work is 16.10 assigned by the commissioner of health or a designated board of 16.11 health under section 144.9504. The commissioner of health or 16.12 designated board of health must share the analytical testing 16.13 data collected on each residence for purposes of secondary 16.14 prevention under section 144.9504 with the swab team workers in 16.15 order to provide constructive feedback on their work and to the 16.16 commissioner for the purposes set forth in paragraph (c). 16.17 (b) For purposes of primary prevention evaluation, the 16.18 following samples must be collected: pretesting and posttesting 16.19 of one noncarpeted floor dust lead sample and a notation of the 16.20 extent and location of bare soil and of deteriorated lead-based 16.21 paint. The analytical testing data collected on each residence 16.22 for purposes of primary prevention under section 144.9503, must 16.23 be shared with the swab team workers in order to provide 16.24 constructive feedback on their work and to the commissioner for 16.25 the purposes set forth in paragraph (c). 16.26 (c) The commissioner of health must establish a program in 16.27 cooperation with the commissioner to collect appropriate data as 16.28 required under paragraphs (a) and (b), in order to conduct an 16.29 ongoing evaluation of swab team services for primary and 16.30 secondary prevention. Within the limits of available 16.31 appropriations, the commissioner of health must conduct or 16.32 contract with the commissioner, on up to 1,000 residences which 16.33 have received primary or secondary prevention swab team 16.34 services, a postremediation evaluation, on at least a quarterly 16.35 basis for a period of at least two years for each residence. 16.36 The evaluation must note the condition of the paint within the 17.1 residence, the extent of bare soil on the grounds, and collect 17.2 and analyze one noncarpeted floor dust lead sample. The data 17.3 collected must be evaluated to determine the efficacy of 17.4 providing swab team services as a method of reducing lead 17.5 exposure in young children. In evaluating this data, the 17.6 commissioner of health must consider city size, community 17.7 location, historic traffic flow, soil lead level of the property 17.8 by area or census tract, distance to industrial point sources 17.9 that emit lead, season of the year, age of the housing, age, and 17.10 number of children living at the residence, the presence of pets 17.11 that move in and out of the residence, and other relevant 17.12 factors as the commissioner of health may determine. This 17.13 evaluation of the swab team program may be paid from amounts 17.14 appropriated to the department of economic security for 17.15 providing swab team services. 17.16 Subd. 9. [PROGRAM BENEFITS.] As a condition of providing 17.17 swab team services under this section, an organization may 17.18 require a property owner to not increase rents on a property 17.19 solely as a result of a substantial improvement made with public 17.20 funds under the programs in this section. 17.21 Subd. 10. [REQUIREMENTS OF ORGANIZATIONS RECEIVING 17.22 GRANTS.] An eligible organization that is awarded a training and 17.23 demonstration grant under this section must prepare and submit a 17.24 quarterly progress report to the commissioner beginning three 17.25 months after receipt of the grant. 17.26 Sec. 11. Minnesota Statutes 1996, section 216B.241, 17.27 subdivision 2a, is amended to read: 17.28 Subd. 2a. [ENERGY AND CONSERVATION ACCOUNT.] The 17.29 commissioner shallmust deposit money contributed under 17.30 subdivisions 1a and 1b in the energy and conservation account in 17.31 the general fund. Money in the account is appropriated to the 17.32 department for programs designed to meet the energy conservation 17.33 needs of low-income persons and to make energy conservation 17.34 improvements in areas not adequately served under subdivision 17.35 2. Interest on money in the account accrues to the account. 17.36 Using information collected under section 216C.02, subdivision 18.1 1, paragraph (b), the commissioner shallmust, to the extent 18.2 possible, allocate enough money to programs for low-income 18.3 persons to assure that their needs are being adequately 18.4 addressed. The commissioner shallmust request the commissioner 18.5 of finance to transfer money from the account to the 18.6 commissioner of economic securitychildren, families, and 18.7 learning for an energy conservation program for low-income 18.8 persons. In establishing programs, the commissioner shallmust 18.9 consult political subdivisions and nonprofit and community 18.10 organizations, especially organizations engaged in providing 18.11 energy and weatherization assistance to low-income persons. At 18.12 least one program must address the need for energy conservation 18.13 improvements in areas in which a high percentage of residents 18.14 use fuel oil or propane to fuel their source of home heating. 18.15 The commissioner may contract with a political subdivision, a 18.16 nonprofit or community organization, a public utility, a 18.17 municipality, or a cooperative electric association to implement 18.18 its programs. 18.19 Sec. 12. Minnesota Statutes 1996, section 239.785, 18.20 subdivision 6, is amended to read: 18.21 Subd. 6. [LIQUEFIED PETROLEUM GAS ACCOUNT.] A liquefied 18.22 petroleum gas account in the special revenue fund is established 18.23 in the state treasury. Fees and penalties collected under this 18.24 section must be deposited in the state treasury and credited to 18.25 the liquefied petroleum gas account. Money in that account, 18.26 including interest earned, is appropriated to the commissioner 18.27 of economic securitychildren, families, and learning for 18.28 programs to improve the energy efficiency of residential 18.29 liquefied petroleum gas heating equipment in low-income 18.30 households, and, when necessary, to provide weatherization 18.31 services to the homes. 18.32 Sec. 13. Minnesota Statutes 1997 Supplement, section 18.33 268.19, is amended to read: 18.34 268.19 [INFORMATION.] 18.35 Except as hereinafter otherwise provided, data gathered 18.36 from any employing unit or individual pursuant to the 19.1 administration of sections 268.03 to 268.23, and from any 19.2 determination as to the benefit rights of any individual are 19.3 private data on individuals or nonpublic data not on individuals 19.4 as defined in section 13.02, subdivisions 9 and 12, and may not 19.5 be disclosed except pursuant to a court order or section 13.05. 19.6 These data may be disseminated to and used by the following 19.7 agencies without the consent of the subject of the data: 19.8 (a) state and federal agencies specifically authorized 19.9 access to the data by state or federal law; 19.10 (b) any agency of this or any other state; or any federal 19.11 agency charged with the administration of an employment security 19.12 law or the maintenance of a system of public employment offices; 19.13 (c) local human rights groups within the state which have 19.14 enforcement powers; 19.15 (d) the department of revenue shallmust have access to 19.16 department of economic security private data on individuals and 19.17 nonpublic data not on individuals only to the extent necessary 19.18 for enforcement of Minnesota tax laws; 19.19 (e) public and private agencies responsible for 19.20 administering publicly financed assistance programs for the 19.21 purpose of monitoring the eligibility of the program's 19.22 recipients; 19.23 (f) the department of labor and industry on an 19.24 interchangeable basis with the department of economic security 19.25 subject to the following limitations and notwithstanding any law 19.26 to the contrary: 19.27 (1) the department of economic security shallmust have 19.28 access to private data on individuals and nonpublic data not on 19.29 individuals for uses consistent with the administration of its 19.30 duties under sections 268.03 to 268.23; and 19.31 (2) the department of labor and industry shallmust have 19.32 access to private data on individuals and nonpublic data not on 19.33 individuals for uses consistent with the administration of its 19.34 duties under state law; 19.35 (g) the department of trade and economic development may 19.36 have access to private data on individual employing units and 20.1 nonpublic data not on individual employing units for its 20.2 internal use only; when received by the department of trade and 20.3 economic development, the data remain private data on 20.4 individuals or nonpublic data; 20.5 (h) local and state welfare agencies for monitoring the 20.6 eligibility of the data subject for assistance programs, or for 20.7 any employment or training program administered by those 20.8 agencies, whether alone, in combination with another welfare 20.9 agency, or in conjunction with the department of economic 20.10 security; 20.11 (i) local, state, and federal law enforcement agencies for 20.12 the sole purpose of ascertaining the last known address and 20.13 employment location of the data subject, provided the data 20.14 subject is the subject of a criminal investigation; and 20.15 (j) the department of health may have access to private 20.16 data on individuals and nonpublic data not on individuals solely 20.17 for the purposes of epidemiologic investigations. 20.18 Data on individuals and employing units which are 20.19 collected, maintained, or used by the department in an 20.20 investigation pursuant to section 268.182 are confidential as to 20.21 data on individuals and protected nonpublic data not on 20.22 individuals as defined in section 13.02, subdivisions 3 and 13, 20.23 and shallmust not be disclosed except pursuant to statute or 20.24 court order or to a party named in a criminal proceeding, 20.25 administrative or judicial, for preparation of a defense. 20.26 Tape recordings and transcripts of recordings of 20.27 proceedings conducted in accordance with section 268.105 and 20.28 exhibits received into evidence at those proceedings are private 20.29 data on individuals and nonpublic data not on individuals and 20.30 shallmust be disclosed only pursuant to the administration of 20.31 section 268.105, or pursuant to a court order. 20.32 Aggregate data about employers compiled from individual job 20.33 orders placed with the department of economic security are 20.34 private data on individuals and nonpublic data not on 20.35 individuals as defined in section 13.02, subdivisions 9 and 12, 20.36 if the commissioner determines that divulging the data would 21.1 result in disclosure of the identity of the employer. The 21.2 general aptitude test battery and the nonverbal aptitude test 21.3 battery as administered by the department are also classified as 21.4 private data on individuals or nonpublic data. 21.5 Data on individuals collected, maintained, or created21.6 because an individual applies for benefits or services provided21.7 by the energy assistance and weatherization programs21.8 administered by the department of economic security is private21.9 data on individuals and shall not be disseminated except21.10 pursuant to section 13.05, subdivisions 3 and 4.21.11 Data gathered by the department pursuant to the 21.12 administration of sections 268.03 to 268.23 shallmust not be 21.13 made the subject or the basis for any suit in any civil 21.14 proceedings, administrative or judicial, unless the action is 21.15 initiated by the department. 21.16 Sec. 14. Minnesota Statutes 1996, section 462A.05, 21.17 subdivision 15c, is amended to read: 21.18 Subd. 15c. [RESIDENTIAL LEAD ABATEMENT.] (a) It may make 21.19 or purchase loans or grants for the abatement of hazardous 21.20 levels of lead paint in residential buildings and lead 21.21 contaminated soil on the property of residential buildings 21.22 occupied by low- and moderate-income persons. Hazardous levels 21.23 are as determined by the department of health or the pollution 21.24 control agency. The agency must establish criteria for a 21.25 residential lead paint and lead contaminated soil abatement 21.26 program, including the terms of loans and grants under this 21.27 section, a maximum amount for loans or grants, eligible 21.28 borrowers or grantees, eligible contractors, and eligible 21.29 buildings. The agency may make grants to cities, local units of 21.30 government, registered lead abatement contractors, and nonprofit 21.31 organizations for the purpose of administering a residential 21.32 lead paint and contaminated lead soil abatement program. The 21.33 agency must establish standards for the relocation of families 21.34 where necessary and the payment of relocation expenses. To the 21.35 extent possible, the agency must coordinate loans and grants 21.36 under this section with existing housing programs. 22.1 The agency, in consultation with the department of health, 22.2 shallmust report to the legislature by January 1996 on the 22.3 costs and benefits of subsidized lead abatement and the extent 22.4 of the childhood lead exposure problem. The agency shallmust 22.5 review the effectiveness of its existing loan and grant programs 22.6 in providing funds for residential lead abatement and report to 22.7 the legislature with examples, case studies and recommendations. 22.8 (b) The agency may also make grants to eligible 22.9 organizations, as defined in section 268.92119A.46, subdivision 22.10 1, for the purposes of section 268.92119A.46. 22.11 Sec. 15. [REPEALER.] 22.12 Minnesota Statutes 1996, sections 4.071, subdivision 3; 22.13 268.37; 268.371; 268.38, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 22.14 and 12; 268.55; and 268.92; and Minnesota Statutes 1997 22.15 Supplement, sections 268.38, subdivision 7; and 268.917, are 22.16 repealed.