SF 2690

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to the environment; modifying provisions 
  1.3             relating to lead abatement; imposing a fee on paint; 
  1.4             appropriating money; amending Minnesota Statutes 2002, 
  1.5             section 144.9507, by adding a subdivision; proposing 
  1.6             coding for new law in Minnesota Statutes, chapter 144. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 144.9507, is 
  1.9   amended by adding a subdivision to read: 
  1.10     Subd. 6.  [MINNESOTA LEAD ABATEMENT FUND.] (a) A lead 
  1.11  abatement fee is imposed on the sale of paint in Minnesota.  The 
  1.12  fee is imposed at a per gallon rate calculated to yield 
  1.13  $2,000,000 annually as determined by the commissioner of 
  1.14  revenue.  The fee must be paid by the distributor of the paint.  
  1.15  The proceeds of the fee must be deposited in the state treasury 
  1.16  and credited to the Minnesota lead abatement fund.  A 
  1.17  distributor who fails to pay the fee imposed under this section 
  1.18  is subject to the penalties provided in section 296A.22, 
  1.19  subdivisions 1 and 2.  
  1.20     (b) Money in the fund may only be spent for the purposes of 
  1.21  section 144.9512.  Money in the fund is appropriated to the 
  1.22  commissioner of health.  
  1.23     Sec. 2.  [144.9512] [REIMBURSEMENT FOR COSTS.] 
  1.24     Subdivision 1.  [REIMBURSEMENT PROGRAM.] (a) The 
  1.25  commissioner of health shall provide reimbursement to eligible 
  1.26  applicants for eligible costs.  
  2.1      (b) An eligible person is a person who holds title or 
  2.2   equitable title to a residential building constructed before 
  2.3   1978, which has been identified in a lead hazard screen or lead 
  2.4   risk assessment conducted by a lead risk assessor, as having 
  2.5   lead hazards that require abatement. 
  2.6      (c) Eligible costs are costs directly related to abatement 
  2.7   or lead hazard reduction that have been incurred by an eligible 
  2.8   person.  Eligible lead hazard reduction costs may be incurred in 
  2.9   conjunction with a project to remodel, repair, or restore a 
  2.10  residence, but only the portion of the project cost directly 
  2.11  related to lead hazard reduction, or interim controls for the 
  2.12  temporary reduction of exposure to lead hazards, is eligible.  
  2.13  To be eligible for reimbursement, all abatement or lead hazard 
  2.14  reduction work must be performed by appropriately licensed 
  2.15  persons, unless the procedures provided in section 144.9503 are 
  2.16  followed.  The cost of a lead hazard inspection, screen, or lead 
  2.17  risk assessment is an eligible cost if it leads to abatement or 
  2.18  lead hazard reduction work.  
  2.19     Subd. 2.  [APPLICATIONS FOR REIMBURSEMENT.] An eligible 
  2.20  person who incurs eligible costs after August 1, 2004, may apply 
  2.21  to the commissioner for reimbursement following adoption of 
  2.22  rules by the commissioner governing application and payment 
  2.23  procedures.  An eligible person may assign the right to obtain 
  2.24  reimbursement to the licensed person or persons who performed 
  2.25  the work.  The commissioner is authorized to adopt rules 
  2.26  governing application and payment procedures.  At a minimum, the 
  2.27  rules must require an eligible person to demonstrate, through 
  2.28  solicitation of multiple bids or other means, that the eligible 
  2.29  costs are reasonable.  
  2.30     Subd. 3.  [REIMBURSEMENT LEVEL.] The commissioner shall 
  2.31  reimburse eligible persons for 75 percent of eligible costs.  If 
  2.32  the commissioner has issued a lead order as provided under 
  2.33  section 144.9504 and makes a finding that the person named in 
  2.34  the order is unable to pay 25 percent of eligible costs, the 
  2.35  commissioner may reimburse up to 95 percent of eligible costs if 
  2.36  the person named in the order is in substantial compliance with 
  3.1   the order. 
  3.2      Subd. 4.  [FALSE CLAIMS.] If a person, with intent to 
  3.3   defraud, issues an invoice or other demand for payment with 
  3.4   knowledge that it is false in whole or in part, and with 
  3.5   knowledge that it is being submitted to the commissioner for 
  3.6   reimbursement: 
  3.7      (1) that person is considered to have presented a false 
  3.8   claim to a public body under section 609.465; and 
  3.9      (2) the commissioner may demand that the person return any 
  3.10  money received as a result of a reimbursement made on the basis 
  3.11  of the false invoice or other demand for payment.  If the money 
  3.12  is not returned upon demand by the commissioner, the 
  3.13  commissioner may recover the money, with administrative and 
  3.14  legal expense, in a civil action in district court brought by 
  3.15  the attorney general against the person.  The person shall also 
  3.16  forfeit and pay to the state a civil penalty, in an amount to be 
  3.17  determined by the court, of not more than the full amount of the 
  3.18  money received by the person on the basis of the false invoice 
  3.19  or other demand for payment.  
  3.20     Sec. 3.  [EFFECTIVE DATE.] 
  3.21     Sections 1 and 2 are effective August 1, 2004.