Minnesota Session Laws - 1990, Regular Session

  

                         Laws of Minnesota 1990 

                        CHAPTER 533-S.F.No. 1937 
           An act relating to health; establishing standards for 
          safe levels of lead; requiring education about lead 
          exposure; requiring lead assessments of certain 
          residences; establishing standards for lead abatement; 
          requiring rules; amending Minnesota Statutes 1988, 
          section 116.52, subdivision 2; proposing coding for 
          new law in Minnesota Statutes, chapter 144; repealing 
          Minnesota Statutes 1989 Supplement, sections 144.851 
          to 144.860 and 144.862. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
    Section 1.  Minnesota Statutes 1988, section 116.52, 
subdivision 2, is amended to read: 
    Subd. 2.  [SOIL TESTING.] By January 1, 1987, the agency 
must sample sites on the preliminary list to determine the 
concentration of lead in the soil.  The agency must refer sites 
to the commissioner where lead in the soil exceeds the interim 
standard for lead in the soil of 1,000 parts per million.  After 
adoption of the rules under section 116.53, subdivision 1, the 
agency shall refer to the commissioner all sites with 
concentrations above the standard for lead in soil. 
    Sec. 2.  [144.871] [DEFINITIONS.] 
    Subdivision 1.  [APPLICABILITY.] The definitions in this 
section apply to sections 144.871 to 144.878. 
    Subd. 2.  [ABATEMENT.] "Abatement" means removal or 
encapsulation of paint, bare soil, dust, drinking water, or 
other materials that are sources of actual lead exposure to 
people.  The abatement rules to be adopted under section 
144.878, subdivision 2, shall apply as described in section 
144.874. 
    Subd. 3.  [ABATEMENT CONTRACTOR.] "Abatement contractor" 
means any person hired by a property owner or resident to 
perform abatement. 
    Subd. 4.  [BOARD OF HEALTH.] "Board of health" means an 
administrative authority established under section 145A.03 or 
145A.07. 
    Subd. 5.  [COMMISSIONER.] "Commissioner" means the 
commissioner of health. 
    Subd. 6.  [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead 
level" means at least 25 micrograms of lead per deciliter of 
whole blood unless the commissioner finds that a lower 
concentration is necessary to protect public health. 
    Subd. 7.  [ENCAPSULATION.] "Encapsulation" means covering, 
sealing, or containment of a source of lead exposure to people. 
    Subd. 8.  [SAFE HOUSING.] "Safe housing" means a residence 
that does not violate any of the standards adopted according to 
section 144.878, subdivision 2. 
    Sec. 3.  [144.872] [LEAD-RELATED CONTRACTS FOR FISCAL YEARS 
1990 AND 1991.] 
    Subdivision 1.  [PROACTIVE LEAD EDUCATION STRATEGY.] For 
fiscal years 1990 and 1991, the commissioner shall contract with 
boards of health in communities at high risk for toxic lead 
exposure to children, lead advocacy organizations, and 
businesses to design and implement a uniform, proactive 
educational program to introduce sections 144.871 to 144.878 and 
to promote the prevention of exposure to all sources of lead to 
target populations.  Priority shall be given to providing 
ongoing education to health care and social service providers, 
registered abatement contractors, building trades professionals 
and nonprofessionals, property owners, and parents.  Educational 
materials shall be multilingual and multicultural to meet the 
needs of diverse populations.  The commissioner shall create and 
administer a program to fund locally based advocates who, 
following the issuance of an abatement order, shall visit the 
family in their residence to instruct them about safety 
measures, materials, and methods to be followed before, during, 
and after the abatement process. 
    Subd. 2.  [HOME ASSESSMENTS.] The commissioner shall 
contract with boards of health to conduct assessments to 
determine sources of lead contamination in the residences of 
children and pregnant women whose blood lead levels exceed 25 
micrograms per deciliter and to provide education on ways of 
reducing the danger of lead contamination. 
    Subd. 3.  [SAFE HOUSING.] The commissioner shall contract 
with boards of health for safe housing to be used in meeting 
relocation requirements in section 144.874, subdivision 4. 
    Subd. 4.  [PAINT REMOVAL EQUIPMENT.] State matching funds 
shall be made available for a grant program to community-based 
organizations to purchase and provide paint removal equipment.  
Equipment shall include:  drop cloths, secure containers, 
respirators, scrapers, and dust and particle containment 
material.  Equipment shall be made available to low-income 
households on a priority basis. 
    Sec. 4.  [144.873] [REPORTING OF MEDICAL AND ENVIRONMENTAL 
SAMPLE ANALYSES.] 
    Subdivision 1.  [REPORT REQUIRED.] Medical laboratories 
performing blood lead analyses must report to the commissioner 
confirmed blood lead results of at least five micrograms per 
deciliter.  Boards of health must report to the commissioner the 
results of analyses from residential samples of paint, bare 
soil, dust, and drinking water that show lead in concentrations 
greater than or equal to the lead standards adopted by permanent 
rule under section 7, subdivision 2, paragraphs (a) and (c).  
The commissioner shall require other related information from 
medical laboratories and boards of health as may be needed to 
monitor and evaluate blood lead levels in the public, including 
the date of the test and the address of the patient.  
    Subd. 2.  [TEST OF CHILDREN IN HIGH RISK AREAS.] Within 
limits of available appropriations, the commissioner shall 
promote and subsidize a blood lead test of all children under 
six years of age who live in the high risk areas of Minneapolis, 
St. Paul, and Duluth. 
    Subd. 3.  [STATEWIDE LEAD SCREENING.] Statewide lead 
screening by erythrocyte protoporphyrin test in conjunction with 
routine blood tests shall be advocated by boards of health. 
    Sec. 5.  [144.874] [ASSESSMENT AND ABATEMENT.] 
    Subdivision 1.  [RESIDENCE ASSESSMENT.] (a) A board of 
health must conduct a timely assessment of a residence to 
determine sources of lead exposure if: 
    (1) a pregnant woman in the residence is identified as 
having a blood lead level of at least ten micrograms of lead 
perdeciliter of whole blood; or 
    (2) a child in the residence is identified as having an 
elevated blood lead level.  If a child regularly spends several 
hours per day at another residence, such as a residential child 
care facility, the board of health must also assess the other 
residence. 
    (b) The board of health must conduct the residential 
assessment according to rules adopted by the commissioner 
according to section 144.878, subdivision 1. 
    Subd. 2.  [RESIDENTIAL LEAD ASSESSMENT GUIDE.] (a) The 
commissioner of health shall develop a residential lead 
assessment guide that enables parents to assess the possible 
lead sources present and that suggests actions. 
    (b) A board of health must provide the residential lead 
assessment guide to: 
    (1) parents of children who are identified as having blood 
lead levels of at least ten micrograms per deciliter; and 
    (2) property owners and occupants who are issued housing 
code orders requiring disruption of lead sources.  
    (c) A board of health must provide the residential lead 
assessment guide on request to owners or tenants of residential 
property within the jurisdiction of the board of health.  
    Subd. 3.  [ABATEMENT ORDERS.] A board of health must order 
a property owner to perform abatement on a lead source that 
exceeds a standard adopted according to section 144.878, 
subdivision 2, clause (a), at the residence of a child with an 
elevated blood lead level or a pregnant woman with a blood lead 
level of at least ten micrograms per deciliter.  Abatement 
orders must require that any source of damage, such as leaking 
roofs, plumbing, and windows, must be repaired or replaced, as 
needed, to prevent damage to lead-containing interior surfaces.  
With each abatement order, the board of health must provide a 
residential lead abatement guide.  The guide must be developed 
by the commissioner and must provide information on safe 
abatement and disposal methods, sources of equipment, and 
telephone numbers for additional information to enable the 
property owner to either perform the abatement or to 
intelligently select an abatement contractor. 
    Subd. 4.  [RELOCATION OF RESIDENTS.] A board of health must 
ensure that residents are relocated from rooms or dwellings 
during abatement that generates leaded dust, such as removal or 
disruption of lead-based paint or plaster that contains lead.  
Residents must be allowed to return to the residence or dwelling 
after completion of abatement. 
    Subd. 5.  [WARNING NOTICE.] A warning notice must be posted 
on all entrances to properties for which an order to abate a 
lead source has been issued by a board of health.  This notice 
must be at least 8-1/2 by 11 inches in size and must include the 
following language, or substantially similar language: 
    (a) "This property contains dangerous amounts of lead to 
which children under age six and pregnant women should not be 
exposed." 
    (b) "It is unlawful to remove or deface this warning.  This 
warning may be removed only upon the direction of the board of 
health." 
    Subd. 6.  [RETESTING REQUIRED.] After completion of the 
abatement as ordered, the board of health must retest the 
residence to assure the violations no longer exist. 
    Subd. 7.  [TASK FORCE.] The state planning agency task 
force convened under section 144.861 shall develop the strategy 
for financing and implementing a large scale subsidized lead 
abatement program to make recommendations to the legislature in 
January 1991. 
    Sec. 6.  [144.876] [REGISTRATION OF ABATEMENT CONTRACTORS.] 
    Abatement contractors must register with the commissioner 
according to forms and procedures prescribed by the commissioner.
    Sec. 7.  [144.878] [RULES.] 
    Subdivision 1.  [SAMPLING AND ANALYSIS; RESIDENTIAL 
ASSESSMENTS.] The commissioner shall adopt, by rule, sampling 
and analysis methods for residential assessments under section 
144.874. 
    Subd. 2.  [LEAD STANDARDS AND ABATEMENT METHODS.] (a) By 
January 31, 1991, the commissioner shall adopt rules 
establishing standards and abatement methods for lead in paint, 
dust, and drinking water in a manner that protects public health 
and the environment for all residences, including residences 
also used for a commercial purpose.  The commissioner shall 
differentiate between intact paint and deteriorating paint.  The 
commissioner and political subdivisions shall require abatement 
of intact paint only if the commissioner or political 
subdivision finds that intact paint is accessible to children as 
a chewable or lead-dust producing surface and is a source of 
actual lead exposure.  In adopting rules under this subdivision, 
the commissioner shall require the best available technology for 
abatement methods, paint stabilization, and repainting.  
    (b) By January 31, 1991, the commissioner of the pollution 
control agency shall adopt standards and abatement methods for 
lead in bare soil on playgrounds and residential property in a 
manner to protect public health and the environment. 
    (c) By January 31, 1991, the commissioner of the pollution 
control agency shall adopt rules to ensure that removal of 
exterior lead-based coatings from residential property by 
abrasive blasting methods is conducted in a manner that protects 
public health and the environment. 
    Subd. 3.  [VARIANCES.] In adopting the rules required by 
subdivision 2, the commissioners of health and the pollution 
control agency shall provide variance procedures to allow for 
use of innovative abatement methods.  A person who proposes an 
innovative abatement method must justify the need for the 
variance and must comply with the standards established in rules 
adopted under this section.  
    Subd. 4.  [EXCEPTION TO ABATEMENT REQUIREMENT.] 
Notwithstanding the requirement in Minnesota Rules, part 
4620.2300 [Emergency], subpart 2, item B, for abatement of 
intact paint that is in violation of lead standards in part 
4620.2100 [Emergency], the commissioner, and political 
subdivisions, shall not require abatement of intact lead-based 
paint that is not actually accessible to children as a chewable 
or lead-dust producing surface and is not a source of actual 
lead exposure. 
    Sec.  8.  [REPEALER.] 
    Minnesota Statutes 1989 Supplement, sections 144.851 to 
144.860, and section 144.862, are repealed. 
    Notwithstanding Minnesota Statutes, section 14.05, 
subdivision 1, the repeal of sections 144.851 to 144.860 and 
144.862 does not repeal emergency rules that were adopted under 
those sections as Minnesota Rules, parts 4620.1900 to 4620.2500 
[Emergency] and that became effective January 8, 1990.  These 
emergency rules remain in effect as provided under Minnesota 
Statutes, section 14.35. 
    Presented to the governor April 24, 1990 
    Signed by the governor April 26, 1990, 11:10 p.m.