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Minnesota Legislature

Office of the Revisor of Statutes

SF 350

as introduced - 90th Legislature (2017 - 2018) Posted on 03/09/2017 08:29am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to health; amending the Lead Poisoning Prevention Act; amending landlord
requirements for renting residential property; creating the Dustin Luke Shields
Act; amending radon and lead disclosure requirements; providing a property tax
benefit for lead hazard reductions; providing a civil cause of action; appropriating
money for lead and healthy homes grants;amending Minnesota Statutes 2016,
sections 144.9501, subdivision 2; 504B.001, subdivision 14; 504B.161, subdivision
1; 513.57; 513.61; proposing coding for new law in Minnesota Statutes, chapters
144; 290.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2016, section 144.9501, subdivision 2, is amended to read:


Subd. 2.

Applicability.

The definitions in this section apply to sections 144.9501 to
deleted text begin 144.9512deleted text endnew text begin 144.9514new text end.

Sec. 2.

new text begin [144.9514] LEAD HOME HEALTH; DISCLOSURE AND REDUCTION.
new text end

new text begin Subdivision 1. new text end

new text begin Lead disclosure; real estate. new text end

new text begin Before signing an agreement to sell or
transfer residential real property built prior to 1978, the seller shall test the home for the
presence of lead hazards by conducting a lead risk assessment. The test shall be conducted
by either a lead inspector or a lead risk assessor who has been licensed by the commissioner
pursuant to section 144.9505. The seller shall disclose to a purchaser the results of all lead
tests on the dwelling, the residential water, and soil that are known to the seller and shall
provide a description to a purchaser of any lead hazard reductions performed to address the
presence of lead.
new text end

new text begin Subd. 2. new text end

new text begin Lead disclosures; residential tenancy. new text end

new text begin (a) The landlord of a residential dwelling
built before 1978 must test all residential units for the presence of lead hazards by conducting
a risk assessment as defined by Code of Federal Regulations, title 40, section 745.223. The
test shall be conducted by a lead risk assessor who has been licensed by the commissioner
pursuant to section 144.9505. The landlord shall complete testing every five years and
disclose the results of the most recent lead tests on the dwelling, the residential water, and
soil to current tenants and to any prospective tenants and shall provide a description of any
lead hazard reductions performed on the residence to address the presence of lead to the
residential tenant or any prospective tenant. Full risk assessment reports created by the risk
assessor should be available for public viewing. For the purposes of this section, the terms
"landlord," "residential tenant," and "residential building" have the meanings given them
in section 504B.001.
new text end

new text begin (b) If a lead hazard is found in a residential building, a landlord must complete interim
controls or lead abatement measures through a swab team service, other licensed lead worker,
or EPA-certified renovator to reduce the risk of lead exposure. Upon completion of interim
controls or lead abatement measures the firm, individual, or supervisor of the work shall
provide the owner of the residence with a document certifying the work was performed in
compliance with all applicable federal and state laws related to lead hazard reduction and
provide the amount paid by the owner for the work completed.
new text end

new text begin Subd. 3. new text end

new text begin Lead hazard reduction. new text end

new text begin (a) A landlord must complete the form in paragraph
(b) and provide it to each prospective tenant. A landlord must provide an updated form to
a current tenant within 60 days of the completed testing or completed interim controls or
lead abatement measures.
new text end

new text begin (b) The following is the statutory short form that must be used for compliance with this
section. The Department of Health shall provide an electronic copy of this statutory short
form on its Web site for use by residential landlords in Minnesota.
new text end

new text begin MINNESOTA RESIDENTIAL LEAD-BASED PAINT DISCLOSURE FORM
new text end

new text begin This notice is to inform prospective and current tenants of residential dwellings built
prior to 1978 that such property may present exposure to lead from lead-based paint that
may place young children at risk of developing lead poisoning. Lead poisoning in young
children may produce permanent neurological damage, including learning disabilities,
reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning
also poses a particular risk to pregnant women. Lead from paint, paint chips, and dust can
pose health hazards if not managed properly.
new text end

new text begin Lessor's Disclosure
new text end

new text begin The lessor must initial each applicable line:
new text end

.
new text begin This residence has had a paint inspection risk assessment on
........................................................ (date) in compliance with Minnesota
Statutes, section 144.9514.
new text end
.
new text begin There are known lead-based paint and/or lead-based paint hazards are present
in the housing (explain).
new text end
.
.
.
.
new text begin The following interim controls or lead abatement measures were done to reduce
the risk of lead exposure (explain).
new text end
.
.
.
.
new text begin There are NO known lead-based paint and/or lead-based paint hazards in the
housing.
new text end

new text begin Lessee's Acknowledgment
new text end

new text begin The lessee must initial each applicable line:
new text end

.
new text begin The lessee is aware that they have the right to request copies of all paint
inspection risk assessments and documentation of completed interim controls
or lead abatement measures that were done to reduce the risk of lead exposure.
new text end

new text begin Certification of Accuracy
new text end

new text begin The following parties have reviewed the information above and certify, to the best of their
knowledge, that the information they have provided is true and accurate.
new text end

.
new text begin Lessor Signature and Date
new text end
.
new text begin Lessee Signature and Date
new text end

new text begin (c) If a current or prospective tenant requests documentation, then a landlord must provide
copies of the lead testing as required by subdivision 1, and if lead-based paint or a lead
hazard has been found, then documentation of the completed interim controls or lead
abatement measures completed by a swab team service, other licensed lead worker, or
EPA-certified renovator that were done to reduce the risk of lead exposure must be provided.
new text end

new text begin Subd. 4. new text end

new text begin Short title. new text end

new text begin This section shall be known as the "Dustin Luke Shields Act."
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective January 1, 2018.
new text end

Sec. 3.

new text begin [290.0682] LEAD ABATEMENT CREDIT.
new text end

new text begin Subdivision 1. new text end

new text begin Credit allowed. new text end

new text begin An individual is allowed a credit against the tax imposed
by this chapter equal to 75 percent of qualifying interim controls or lead abatement costs
paid or incurred during the taxable year. An individual is allowed to claim only one credit
for each qualifying housing unit. The maximum allowed for each credit is $5,000.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms have the
meanings given.
new text end

new text begin (b) "Qualifying housing unit" means a residence subject to section 144.9514, subdivision
2, paragraph (b).
new text end

new text begin (c) "Qualifying interim control or lead abatement costs" means the costs of lead hazard
reductions in compliance with section 114.9514, subdivision 2, paragraph (b). It does not
include:
new text end

new text begin (1) any costs paid for by federal, state, or local government grants; or
new text end

new text begin (2) any costs reductions obtained through federal, state, or local subsidized financing.
new text end

new text begin Subd. 3. new text end

new text begin Credit refundable. new text end

new text begin If the amount of credit that the claimant is eligible to receive
under this section exceeds the claimant's tax liability under this chapter, the commissioner
shall refund the excess to the claimant.
new text end

new text begin Subd. 4. new text end

new text begin Appropriation. new text end

new text begin The amount necessary to pay the refunds required by this
section is appropriated each fiscal year to the commissioner from the general fund.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxable years beginning after December
31, 2016.
new text end

Sec. 4.

Minnesota Statutes 2016, section 504B.001, subdivision 14, is amended to read:


Subd. 14.

Violation.

"Violation" means:

(1) a violation of any state, county or city health, safety, housing, building, fire prevention,
or housing maintenance code applicable to the building;

(2) a violation of any of the covenants set forth in section 504B.161, subdivision 1,
clause (1) deleted text beginordeleted text endnew text begin,new text end (2), new text beginor (5), new text endor in section 504B.171, subdivision 1; or

(3) a violation of an oral or written agreement, lease, or contract for the rental of a
dwelling in a building.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 5.

Minnesota Statutes 2016, section 504B.161, subdivision 1, is amended to read:


Subdivision 1.

Requirements.

(a) In every lease or license of residential premises, the
landlord or licensor covenants:

(1) that the premises and all common areas are fit for the use intended by the parties;

(2) to keep the premises in reasonable repair during the term of the lease or license,
except when the disrepair has been caused by the willful, malicious, or irresponsible conduct
of the tenant or licensee or a person under the direction or control of the tenant or licensee;

(3) to make the premises reasonably energy efficient by installing weatherstripping,
caulking, storm windows, and storm doors when any such measure will result in energy
procurement cost savings, based on current and projected average residential energy costs
in Minnesota, that will exceed the cost of implementing that measure, including interest,
amortized over the ten-year period following the incurring of the cost; deleted text beginand
deleted text end

(4) to maintain the premises in compliance with the applicable health and safety laws
of the state, and of the local units of government where the premises are located during the
term of the lease or license, except when violation of the health and safety laws has been
caused by the willful, malicious, or irresponsible conduct of the tenant or licensee or a
person under the direction or control of the tenant or licenseedeleted text begin.deleted text endnew text begin; and
new text end

new text begin (5) to complete lead testing, disclosure, and remediation in compliance with section
144.9514.
new text end

(b) The parties to a lease or license of residential premises may not waive or modify the
covenants imposed by this section.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 6.

Minnesota Statutes 2016, section 513.57, is amended to read:


513.57 LIABILITY FOR ERROR, INACCURACY, OR OMISSION.

Subdivision 1.

No liability.

Unless the prospective buyer and seller agree to the contrary
in writing, a seller is not liable for any error, inaccuracy, or omission of any information
delivered under sections 513.52 to deleted text begin513.60deleted text endnew text begin 513.61new text end if the error, inaccuracy, or omission was
not within the personal knowledge of the seller, or was based entirely on information provided
by other persons as specified in section 513.56, subdivision 3, and ordinary care was
exercised in transmitting the information. It is not a violation of sections 513.52 to deleted text begin513.60deleted text endnew text begin
513.61
new text end if the seller fails to disclose information that could be obtained only through inspection
or observation of inaccessible portions of the real estate or could be discovered only by a
person with expertise in a science or trade beyond the knowledge of the seller.

Subd. 2.

Liability.

A seller who fails to make a disclosure as required by sections 513.52
to deleted text begin513.60deleted text endnew text begin 513.61new text end and was aware of material facts pertaining to the real property is liable to
the prospective buyer. A person injured by a violation of this section may bring a civil action
and recover damages and receive other equitable relief as determined by the court. An action
under this subdivision must be commenced within two years after the date on which the
prospective buyer closed the purchase or transfer of the real property.

Subd. 3.

Other actions.

Nothing in sections 513.52 to deleted text begin513.60deleted text endnew text begin 513.61new text end precludes liability
for an action based on fraud, negligent misrepresentation, or other actions allowed by law.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 7.

Minnesota Statutes 2016, section 513.61, is amended to read:


513.61 RADONnew text begin AND LEADnew text end DISCLOSURE REQUIREMENTS.

A seller of residential real property must comply with the radon disclosure requirements
under section 144.496new text begin and the lead disclosure requirements under section 144.9514new text end.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective August 1, 2017.
new text end

Sec. 8. new text beginHEALTHY HOUSING GRANTS.
new text end

new text begin $....... in fiscal year 2018 and $....... in fiscal year 2019 are appropriated from the general
fund to the commissioner of health for lead and healthy housing funding under Minnesota
Statutes, sections 144.9501 to 144.9513. Of that amount, $25,000 in each year shall be for
grants to nonprofit organizations to purchase and maintain vacuums with high-efficiency
particulate air filters for use in low- and moderate-income households where lead is present,
at low or no cost to tenants.
new text end