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Office of the Revisor of Statutes

Key: (1) language to be deleted (2) new language

                            CHAPTER 567-S.F.No. 2710 
                  An act relating to health; modifying provisions 
                  relating to lead and asbestos abatement; amending 
                  Minnesota Statutes 1992, sections 144.871, subdivision 
                  3, and by adding subdivisions; and 144.878, by adding 
                  subdivisions; Minnesota Statutes 1993 Supplement, 
                  sections 16B.61, subdivision 3; 144.871, subdivision 
                  2; 144.872, subdivisions 2 and 4; 144.873, subdivision 
                  1; 144.874, subdivisions 1, 3, 3a, and 11a; 144.8771, 
                  subdivision 2; 144.878, subdivisions 2 and 5; 326.71, 
                  subdivision 4; and 326.75, subdivision 3; proposing 
                  coding for new law in Minnesota Statutes, chapter 144; 
                  repealing Minnesota Statutes 1993 Supplement, sections 
                  144.8771, subdivision 5; 144.8781, subdivisions 1, 2, 
                  3, and 5; 157.082; and 157.09; Laws 1993, First 
                  Special Session chapter 1, article 9, section 49. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1993 Supplement, section 
        16B.61, subdivision 3, is amended to read: 
           Subd. 3.  [SPECIAL REQUIREMENTS.] (a) [SPACE FOR COMMUTER 
        VANS.] The code must require that any parking ramp or other 
        parking facility constructed in accordance with the code include 
        an appropriate number of spaces suitable for the parking of 
        motor vehicles having a capacity of seven to 16 persons and 
        which are principally used to provide prearranged commuter 
        transportation of employees to or from their place of employment 
        or to or from a transit stop authorized by a local transit 
        authority.  
           (b)  [SMOKE DETECTION DEVICES.] The code must require that 
        all dwellings, lodging houses, apartment houses, and hotels as 
        defined in section 299F.362 comply with the provisions of 
        section 299F.362.  
           (c)  [DOORS IN NURSING HOMES AND HOSPITALS.] The state 
        building code may not require that each door entering a sleeping 
        or patient's room from a corridor in a nursing home or hospital 
        with an approved complete standard automatic fire extinguishing 
        system be constructed or maintained as self-closing or 
        automatically closing.  
           (d)  [CHILD CARE FACILITIES IN CHURCHES; GROUND LEVEL 
        EXIT.] A licensed day care center serving fewer than 30 
        preschool age persons and which is located in a below ground 
        space in a church building is exempt from the state building 
        code requirement for a ground level exit when the center has 
        more than two stairways to the ground level and its exit.  
           (e)  [CHILD CARE FACILITIES IN CHURCHES; VERTICAL ACCESS.] 
        Until August 1, 1996, an organization providing child care in an 
        existing church building which is exempt from taxation under 
        section 272.02, subdivision 1, clause (5), shall have five years 
        from the date of initial licensure under chapter 245A to provide 
        interior vertical access, such as an elevator, to persons with 
        disabilities as required by the state building code.  To obtain 
        the extension, the organization providing child care must secure 
        a $2,500 performance bond with the commissioner of human 
        services to ensure that interior vertical access is achieved by 
        the agreed upon date. 
           (f)  [FAMILY AND GROUP FAMILY DAY CARE.] The commissioner 
        of administration shall establish a task force to determine 
        occupancy standards specific and appropriate to family and group 
        family day care homes and to examine hindrances to establishing 
        day care facilities in rural Minnesota.  The task force must 
        include representatives from rural and urban building code 
        inspectors, rural and urban fire code inspectors, rural and 
        urban county day care licensing units, rural and urban family 
        and group family day care providers and consumers, child care 
        advocacy groups, and the departments of administration, human 
        services, and public safety. 
           By January 1, 1989, the commissioner of administration 
        shall report the task force findings and recommendations to the 
        appropriate legislative committees together with proposals for 
        legislative action on the recommendations. 
           Until the legislature enacts legislation specifying 
        appropriate standards, the definition of Group R-3 occupancies 
        in the state building code applies to family and group family 
        day care homes licensed by the department of human services 
        under Minnesota Rules, chapter 9502. 
           (g)  [MINED UNDERGROUND SPACE.] Nothing in the state 
        building codes shall prevent cities from adopting rules 
        governing the excavation, construction, reconstruction, 
        alteration, and repair of mined underground space pursuant to 
        sections 469.135 to 469.141, or of associated facilities in the 
        space once the space has been created, provided the intent of 
        the building code to establish reasonable safeguards for health, 
        safety, welfare, comfort, and security is maintained. 
           (h)  [ENCLOSED STAIRWAYS.] No provision of the code or any 
        appendix chapter of the code may require stairways of existing 
        multiple dwelling buildings of two stories or less to be 
        enclosed. 
           (i)  [DOUBLE CYLINDER DEAD BOLT LOCKS.] No provision of the 
        code or appendix chapter of the code may prohibit double 
        cylinder dead bolt locks in existing single-family homes, 
        townhouses, and first floor duplexes used exclusively as a 
        residential dwelling.  Any recommendation or promotion of double 
        cylinder dead bolt locks must include a warning about their 
        potential fire danger and procedures to minimize the danger. 
           (j)  [RELOCATED RESIDENTIAL BUILDINGS.] A residential 
        building relocated within or into a political subdivision of the 
        state need not comply with the state energy code or section 
        326.371 provided that, where available, an energy audit is 
        conducted on the relocated building. 
           (k)  [AUTOMATIC GARAGE DOOR OPENING SYSTEMS.] The code must 
        require all residential buildings as defined in section 325F.82 
        to comply with the provisions of sections 325F.82 and 325F.83.  
           (l)  [EXIT SIGN ILLUMINATION.] For a new building on which 
        construction is begun on or after October 1, 1993, or an 
        existing building on which remodeling affecting 50 percent or 
        more of the enclosed space is begun on or after October 1, 1993, 
        the code must prohibit the use of internally illuminated exit 
        signs whose electrical consumption during nonemergency operation 
        exceeds 20 watts of resistive power.  All other requirements in 
        the code for exit signs must be complied with.  
           (m)  [RESIDENTIAL WORK.] By January 1, 1996, the 
        commissioner of administration shall develop building code 
        provisions in accordance with the directives and provisions 
        developed under section 144.874, subdivision 11a. 
           Sec. 2.  Minnesota Statutes 1993 Supplement, section 
        144.871, subdivision 2, is amended to read: 
           Subd. 2.  [ABATEMENT.] "Abatement" means removal of, 
        replacement of, or encapsulation of deteriorated paint, bare 
        soil, dust, drinking water, or other lead-containing materials 
        that are or may become readily accessible during the lead 
        abatement process and pose an immediate threat of actual lead 
        exposure to people any set of procedures designed to eliminate 
        or reduce human exposure to lead hazards. 
           Sec. 3.  Minnesota Statutes 1992, section 144.871, is 
        amended by adding a subdivision to read: 
           Subd. 2a.  [LEAD HAZARD.] "Lead hazard" means a condition 
        that causes exposure to lead from lead-contaminated dust, 
        lead-contaminated bare soil, lead-contaminated drinking water, 
        lead-contaminated deteriorating paint, or lead-contaminated 
        intact paint on accessible, friction, or impact surfaces that 
        poses an immediate threat that would result in adverse human 
        health effects. 
           Sec. 4.  Minnesota Statutes 1992, section 144.871, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ABATEMENT CONTRACTOR.] "Abatement contractor" 
        means any person hired by a property owner or resident to 
        perform abatement of a lead source in violation of standards 
        under section 144.878 and who is licensed by the commissioner 
        according to rules adopted under section 144.878, subdivision 5. 
           Sec. 5.  Minnesota Statutes 1992, section 144.871, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [DETERIORATED PAINT.] "Deteriorated paint" or 
        "deteriorating paint" means paint that is chipped, peeled, or 
        otherwise separated from its substrate or that is attached to 
        damaged substrate. 
           Sec. 6.  Minnesota Statutes 1993 Supplement, section 
        144.872, subdivision 2, is amended to read: 
           Subd. 2.  [HOME ASSESSMENTS CONTRACTS.] (a) The 
        commissioner shall, within available federal or state 
        appropriations, contract with boards of health, who may 
        determine priority for responding to cases of elevated blood 
        lead levels, to conduct assessments to determine sources of lead 
        contamination in the residences of pregnant women whose blood 
        lead levels are at least ten micrograms per deciliter and of 
        children whose blood lead levels are at least 20 micrograms per 
        deciliter or whose blood lead levels persist in the range of 15 
        to 19 micrograms per deciliter for 90 days after initial 
        identification to the board of health or the commissioner.  
        Assessments must be conducted within five working days of the 
        board of health receiving notice that the criteria in this 
        subdivision have been met.  The commissioner or boards of health 
        must be notified of all violations of standards under section 
        144.878, subdivision 2, that are identified during a home 
        assessment in accordance with section 144.878. 
           (b) The commissioner or boards of health must identify the 
        known addresses for the previous 12 months of the child or 
        pregnant woman with elevated blood lead levels and notify the 
        property owners at those addresses.  The commissioner may also 
        collect information on the race, sex, and family income of 
        children and pregnant women with elevated blood lead levels.  
           (c) Within the limits of appropriations, a board of health 
        shall conduct home assessments for children and pregnant women 
        whose confirmed blood lead levels are in the range of ten to 19 
        micrograms per deciliter.  
           (d) The commissioner shall also provide educational 
        materials on all sources of lead to boards of health to provide 
        education on ways of reducing the danger of lead contamination.  
        The commissioner may provide laboratory or field lead testing 
        equipment to a board of health or may reimburse a board of 
        health for direct costs associated with assessments. 
           Sec. 7.  Minnesota Statutes 1993 Supplement, section 
        144.872, subdivision 4, is amended to read: 
           Subd. 4.  [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a) 
        Within the limits of available state or federal appropriations, 
        funds shall be made available under a grant program to nonprofit 
        community-based organizations in areas at high risk for toxic 
        lead exposure.  Grantees shall use the money to purchase lead 
        cleanup equipment and to pay for training for staff and 
        volunteers for lead abatement certification.  Grantees may work 
        with licensed lead abatement contractors and certified 
        trainers sponsors of approved training courses in order to 
        receive training necessary for certification under section 
        144.876, subdivision 1.  Lead cleanup equipment shall include:  
        high efficiency particle accumulator and wet vacuum cleaners, 
        drop cloths, secure containers, respirators, scrapers, dust and 
        particle containment material, and other cleanup and containment 
        materials to remove loose paint and plaster, patch plaster, 
        control household dust, wax floors, clean carpets and sidewalks, 
        and cover bare soil.  
           (b) Upon certification, the grantee's staff and volunteers 
        may make equipment and educational materials available to 
        residents and property owners and instruct them on the proper 
        use.  Equipment shall be made available to low-income households 
        on a priority basis at no fee, and other households on a sliding 
        fee scale.  Equipment shall not be made available to any person, 
        licensed lead abatement contractor, or certified trainer who 
        charges or intends to charge a fee for services performed using 
        equipment or materials purchased by a nonprofit community-based 
        organization through a grant obtained under this subdivision. 
           Sec. 8.  Minnesota Statutes 1993 Supplement, section 
        144.873, subdivision 1, is amended to read: 
           Subdivision 1.  [REPORT REQUIRED.] Medical laboratories 
        performing blood lead analyses must report to the commissioner 
        finger stick and venipuncture blood lead results and the method 
        used to obtain these results.  Boards of health must report to 
        the commissioner the results of analyses from residential 
        samples of paint, soil, dust, and drinking water.  The 
        commissioner shall require the type of blood sample tested and 
        the date of the test, and the current address and birthdate of 
        the patient, the gender and race of the patient, and other 
        related information from medical laboratories and boards of 
        health as may be needed to monitor and evaluate blood lead 
        levels in the public.  Clinic staff and physicians who collect 
        blood samples for lead analyses must provide the information in 
        this subdivision to the medical laboratory performing the 
        analyses.  If a clinic or physician sends a blood lead test to a 
        medical laboratory outside of Minnesota, that clinic or 
        physician must meet the reporting requirements under this 
        subdivision. 
           Sec. 9.  Minnesota Statutes 1993 Supplement, section 
        144.874, subdivision 1, is amended to read: 
           Subdivision 1.  [RESIDENCE ASSESSMENT.] (a) A board of 
        health must conduct a timely an assessment of a residence and 
        all common areas, if the residence is located in a building with 
        two or more residential units, within five ten working days of 
        receiving notification that the criteria in this subdivision 
        have been met, as confirmed by lead analysis of a venous blood 
        sample, 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 per 
        deciliter of whole blood; 
           (2) a child in the residence is identified as having a 
        blood lead level at or above 20 micrograms per deciliter; or 
           (3) a child in the residence is identified as having a 
        blood lead level that persists in the range of 15 to 19 
        micrograms per deciliter for 90 days after initial 
        identification.  In a building with two or more residential 
        units, a board of health must inspect the individual unit in 
        which the conditions of this subdivision are met and must also 
        inspect all common areas in the building.  Assessments must be 
        conducted by a board of health regardless of the availability of 
        state or federal appropriations for assessments. 
           (b) Within the limits of available state and federal 
        appropriations, a board of health shall also conduct home 
        assessments for children whose confirmed blood lead levels are 
        in the range of ten to 19 micrograms per deciliter.  A board of 
        health may assess a residence even if none of the three criteria 
        in this subdivision are met.  
           (c) If a child regularly spends several hours at one or 
        more other sites such as another residence, or a residential or 
        commercial child care facility, the board of health must also 
        assess the other sites.  The board of health shall have one 
        additional day to complete the assessment for each additional 
        site. 
           (d) Sections 144.871 to 144.879 neither authorize nor 
        prohibit a board of health from charging a property owner for 
        the cost of assessment.  The commissioner or boards of health 
        must identify the known addresses for the previous 12 months of 
        the child or pregnant woman with elevated blood lead levels and 
        notify the property owners at those addresses.  This information 
        shall be classified as private data on individuals as defined 
        under section 13.02, subdivision 12. 
           (e) The board of health must conduct the residential 
        assessment according to rules adopted by the commissioner under 
        section 144.878.  A board of health must have residence 
        assessments performed by lead inspectors licensed by the 
        commissioner according to rules adopted under section 144.878.  
        A board of health may observe the performance of lead abatement 
        in progress and may enforce the provisions of sections 144.871 
        to 144.879 under section 144.8781.  The staff complement of the 
        department of health shall be increased by two full-time 
        equivalent positions who shall be lead inspectors. 
           (f) A lead inspector must notify the commissioner or the 
        board of health of all violations under section 144.878, 
        subdivision 2, that are identified in a residence assessment 
        under this section. 
           (g) The commissioner may provide laboratory or field lead 
        testing equipment to a board of health or may reimburse a board 
        of health for direct costs associated with assessments. 
           (h) Sections 144.871 to 144.879 neither authorize nor 
        prohibit a board of health from charging a property owner for 
        the cost of assessment. 
           Sec. 10.  Minnesota Statutes 1993 Supplement, section 
        144.874, subdivision 3, is amended to read: 
           Subd. 3.  [SWAB TEAMS; LEAD ASSESSMENT; LEAD 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 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.  If 
        the paint standard under section 144.878 is violated, but the 
        paint is intact, the board of health must not order paint 
        removal unless the intact paint is a known source, or reasonably 
        expected to be a source, of actual lead exposure to a specific 
        person.  Before the board of health may order the intact paint 
        to be removed, a reasonable effort must be made to protect the 
        child and preserve the intact paint by the use of guards or 
        other protective devices.  Lead 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.  The board of 
        health is not required to pay for lead abatement.  With each 
        lead abatement order, the board of health must coordinate with 
        swab team abatement and provide a residential lead abatement 
        guide.  
           Sec. 11.  Minnesota Statutes 1993 Supplement, section 
        144.874, subdivision 3a, is amended to read: 
           Subd. 3a.  [SWAB TEAM SERVICES.] After issuing abatement 
        orders for a residence of a child or pregnant women with 
        elevated blood lead levels, the commissioner or a board of 
        health must send a swab team within five ten working days to the 
        residence to perform swab team services as defined in section 
        144.871, subdivision 9.  If the commissioner or board of health 
        provides swab team services after an assessment, but before the 
        issuance of an abatement order, swab team services do not need 
        to be repeated after the issuance of an abatement order.  Swab 
        team services are not considered completed until the 
        reassessment required under subdivision 6 shows no violation of 
        one or more of the standards under section 144.878, subdivision 
        2.  If assessments and abatement orders are conducted at times 
        when weather or soil conditions do not permit the assessment or 
        abatement of lead in soil, the residences shall have their soil 
        assessed and abated, if necessary, at the first opportunity that 
        weather and soil conditions allow. 
           Sec. 12.  Minnesota Statutes 1993 Supplement, section 
        144.874, subdivision 11a, is amended to read: 
           Subd. 11a.  [LEAD ABATEMENT AND LEAD-SAFE WORK DIRECTIVES.] 
        (a) In order to achieve statewide consistency in the application 
        of lead abatement standards, the commissioner shall issue 
        program directives that interpret the application of rules under 
        section 144.878 in ambiguous or unusual lead abatement 
        situations.  These directives are guidelines to local boards of 
        health.  The commissioner shall periodically review the 
        evaluation of lead abatement orders and the program directives 
        to determine if the rules under section 144.878 need to be 
        amended to reflect new understanding of lead abatement practices 
        and methods. 
           (b) By July 1, 1995, the commissioner shall develop in 
        cooperation with the commissioner of administration provisions, 
        procedures, and directives to define residential remodeling, 
        renovation, installation, and rehabilitation activities that are 
        not lead abatement but may disrupt lead-based paint surfaces.  
        The directives and provisions must define lead-safe procedures 
        for nonlead abatement activities including preparation, cleanup, 
        and disposal procedures.  The directives must be based on the 
        different levels and types of work involved and the potential 
        for lead hazards.  The directives must address activities 
        including, but not limited to, painting, remodeling, 
        weatherization, installation of cable, wire, plumbing, and gas, 
        and replacement of doors and windows.  The commissioners of 
        health and administration shall consult with representatives of 
        builders, weatherization providers, nonprofit rehabilitation 
        organizations, a representative of each of the affected trades, 
        and housing and redevelopment authorities in developing the 
        directives and procedures.  This group shall also make 
        recommendations for consumer and contractor education and 
        training.  Directives developed under this section are exempt 
        from chapter 14.  The commissioner of health shall report to the 
        legislature by February 15, 1995, regarding development of the 
        provisions required under this subdivision. 
           Sec. 13.  Minnesota Statutes 1993 Supplement, section 
        144.8771, subdivision 2, is amended to read: 
           Subd. 2.  [LICENSE APPLICATION.] (a) An application for a 
        license and for renewal of a license must be on a form provided 
        by the commissioner and be accompanied by: 
           (1) the fee set by the commissioner; and 
           (2) evidence that the applicant has successfully completed 
        a lead inspection training course approved by the commissioner 
        or, within the previous 180 days, an initial lead inspection 
        training course. 
           (b) The fee required by this subdivision is waived for an 
        employee of a board of health the federal, state, or local 
        government within Minnesota. 
           Sec. 14.  Minnesota Statutes 1993 Supplement, section 
        144.878, subdivision 2, is amended to read: 
           Subd. 2.  [LEAD STANDARDS AND ABATEMENT METHODS.] (a) The 
        commissioner shall adopt rules establishing standards and 
        abatement methods for lead in paint, dust, and drinking water, 
        and soil in a manner that protects public health and the 
        environment for all residences, including residences also used 
        for a commercial purpose. 
           (b) 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 the intact 
        paint is on a chewable or lead-dust producing surface that is a 
        known source or reasonably expected to be a source of actual 
        lead exposure to a specific person.  The commissioner shall work 
        cooperatively with the commissioner of administration to 
        determine which practices under section 144.874, subdivision 
        11a, may be used for lead-safe work including preparation and 
        cleanup.  The commissioner shall work cooperatively with the 
        commissioner of the pollution control agency to develop disposal 
        procedures.  In adopting rules under this subdivision, the 
        commissioner shall require the best available technology for 
        lead abatement methods, paint stabilization, and repainting. 
           (b) (c) The commissioner of health 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.  The commissioner shall adopt a maximum 
        standard of 100 parts of lead per million in bare soil, unless 
        it is proven that a different standard provides greater 
        protection of public health. 
           (c) (d) 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. 
           (d) (e) All standards adopted under this subdivision must 
        provide reasonable margins of safety that are consistent with a 
        detailed review of scientific evidence and an emphasis on 
        overprotection rather than underprotection when the scientific 
        evidence is ambiguous.  The rules must apply to any individual 
        performing or ordering the performance of lead abatement. 
           (e) (f) No unit of local government may have an ordinance 
        or regulation governing lead abatement methods for lead in 
        paint, dust, or soil for residences and residential land that 
        require a different lead abatement method than the lead 
        abatement standards established under sections 144.871 to 
        144.879. 
           (g) The commissioner shall adopt standards and abatement 
        methods for lead in drinking water in a manner to protect the 
        public health and the environment.  The commissioner shall adopt 
        rules for controlling lead in drinking water as contained in 
        Code of Federal Regulations, title 40, part 141.  Samples 
        collected for the purposes of lead analysis of drinking water 
        shall be done in accordance with lab certification requirements 
        and analytical techniques specified by the Code of Federal 
        Regulations, title 40, part 141.89. 
           Sec. 15.  Minnesota Statutes 1992, section 144.878, is 
        amended by adding a subdivision to read: 
           Subd. 2b.  [PRIORITIES FOR RESPONSE ACTION.] The 
        commissioner of health must establish, by publication in the 
        State Register, a priority list of census tracts at high risk 
        for toxic lead exposure for primary prevention response 
        actions.  In establishing the list, the commissioner shall award 
        points under this subdivision to each census tract on which 
        information is available.  The priority for primary prevention 
        response actions in census tracts at high risk for toxic lead 
        exposure shall be based on the cumulative points awarded to each 
        census tract.  A greater number of points means a higher 
        priority.  If a tie occurs in the number of points, priority 
        shall be given to the census tract with the higher percentage of 
        population with blood lead levels greater than ten micrograms of 
        lead per deciliter.  All local governmental units and boards of 
        health shall follow the priorities under this subdivision.  The 
        commissioner shall revise and update the priority list at least 
        every five years.  Points shall be awarded to each census tract 
        for each criteria, considered independently, as described in 
        section 144.871, subdivision 7a.  Points shall be awarded as 
        follows: 
           (a) In a census tract where at least 20 children have been 
        screened in the last five years, one point shall be awarded for 
        each ten percent of children who were under six years old at the 
        time they were screened for lead in blood and whose blood lead 
        level exceeds ten micrograms of lead per deciliter.  An 
        additional point shall be awarded if one percent of the children 
        had blood levels greater than 20 micrograms per deciliter of 
        blood.  Two points shall be awarded to a census tract, where the 
        blood lead screening has been inadequate, that is contiguous 
        with a census tract where more than ten percent of the children 
        under six years of age have blood lead levels exceeding ten 
        micrograms per deciliter. 
           (b) One point shall be awarded for every five percent of 
        housing that is defined as dilapidated or deteriorated by the 
        planning department or similar agency of the city in which the 
        housing is located.  Where data is available by neighborhood or 
        section within a city, the percent of dilapidated or 
        deteriorated housing shall apply equally to each census tract 
        within the neighborhood or section. 
           (c) One point shall be awarded for every 100 parts per 
        million of lead soil, based on the median soil lead values of 
        foundation soil samples, calculated on 100 parts per million 
        intervals, or fraction thereof.  For the cities of St. Paul and 
        Minneapolis, the commissioner shall use the June 1988 census 
        tract version of the houseside map entitled "Distribution of 
        Houseside Lead Content of Soil-Dust in the Twin Cities," 
        prepared by the Center for Urban and Regional Affairs.  Where 
        the map displays a census tract that is crossed by two or more 
        intervals, the commissioner shall make a reasoned determination 
        of the median foundation soil lead value for that tract.  Values 
        for census tracts may be updated by surveying the tract 
        according to the procedures under Minnesota Rules, part 
        4761.0400, subpart 8. 
           Sec. 16.  Minnesota Statutes 1993 Supplement, section 
        144.878, subdivision 5, is amended to read: 
           Subd. 5.  [LEAD ABATEMENT CONTRACTORS AND EMPLOYEES.] The 
        commissioner shall adopt rules to license lead abatement 
        contractors, to certify employees of lead abatement contractors 
        who perform abatement, and to certify lead abatement trainers 
        who provide lead abatement training for contractors, employees, 
        or other lead abatement trainers.  A person who performs 
        painting, renovation, rehabilitation, remodeling, or other 
        residential work that is not lead abatement need not be a 
        licensed lead abatement contractor.  By July 1, 1994, a person 
        who performs work that removes intact paint on residences built 
        before February 27, 1978, must determine whether lead sources 
        are present and whether the planned work would be lead abatement 
        as defined in section 144.871, subdivision 2.  This 
        determination may be made by quantitative chemical analysis, 
        X-ray fluorescence analyzer, or chemical spot test using sodium 
        rhodizonate.  If lead sources are identified, the work must be 
        performed by a licensed lead abatement contractor. An owner of 
        an owner-occupied residence with one or two units is not subject 
        to the requirements under this subdivision.  All lead abatement 
        training must include a hands-on component and instruction on 
        the health effects of lead exposure, the use of personal 
        protective equipment, workplace hazards and safety problems, 
        abatement methods and work practices, decontamination 
        procedures, cleanup and waste disposal procedures, lead 
        monitoring and testing methods, and legal rights and 
        responsibilities.  The commissioner shall adopt rules to approve 
        lead abatement training courses and to charge a fee for 
        approval.  At least 30 days before publishing initial notice of 
        proposed rules under this subdivision on the licensing of lead 
        abatement contractors, the commissioner shall submit the rules 
        to the chairs of the health and human services committee in the 
        house of representatives and the health care committee in the 
        senate, and to any legislative committee on licensing created by 
        the legislature. 
           Sec. 17.  Minnesota Statutes 1992, section 144.878, is 
        amended by adding a subdivision to read: 
           Subd. 5a.  [RESIDENTIAL RENOVATION AND REMODELING.] A 
        person who performs painting, renovation, rehabilitation, 
        remodeling, demolition, or other residential work that is not 
        lead abatement need not be a licensed lead abatement 
        contractor.  After July 1, 1995, a person who performs work that 
        removes intact paint on residences built before February 27, 
        1978, must determine whether lead sources are present.  This 
        determination may be made by quantitative chemical analysis, 
        X-ray fluorescence analyzer, or chemical spot test using sodium 
        rhodizonate.  A person does not have to be licensed as a lead 
        inspector to use sodium rhodizonate for this purpose.  If lead 
        sources are identified, the work must be performed in accordance 
        with the standard in section 144.878, subdivision 2, as modified 
        by the program directives developed under section 144.874, 
        subdivision 11a.  An owner of an owner-occupied residence with 
        one or two units is not subject to the requirements under this 
        subdivision. 
           Sec. 18.  [144.8782] [EXEMPTIONS.] 
           The provisions of sections 144.876 and 144.878, subdivision 
        5, do not apply to homeowners, apartment owners, farmers, and 
        small business persons with 50 or fewer employees who do their 
        own maintenance and remodeling work, or to small contractors, 
        excluding lead abatement contractors.  Exemptions under this 
        section also apply to purchasers of one or two unit residences.  
        Nothing in this section affects any federal grant from the 
        Department of Housing and Urban Development or state financed 
        swab teams. 
           Sec. 19.  Minnesota Statutes 1993 Supplement, section 
        326.71, subdivision 4, is amended to read: 
           Subd. 4.  [ASBESTOS-RELATED WORK.] "Asbestos-related work" 
        means the enclosure, repair, removal, or encapsulation of 
        asbestos-containing material in a quantity that meets or exceeds 
        260 lineal feet of friable asbestos-containing material on 
        pipes, 160 square feet of friable asbestos-containing material 
        on other facility components, or, if linear feet or square feet 
        cannot be measured, a total of 35 cubic feet of friable 
        asbestos-containing material on or off all facility components 
        in one facility.  In the case of single or multifamily 
        residences, "asbestos-related work" also means the 
        enclosure, repair, removal, or encapsulation of greater than ten 
        but less than 260 lineal feet of friable asbestos-containing 
        material on pipes or ducts or greater than six but less than 160 
        square feet of friable asbestos-containing material on other 
        facility components.  This provision excludes 
        asbestos-containing vinyl floor tiles and sheeting under 160 
        square feet, roofing materials, siding, and all ceilings with 
        asbestos-containing material in single family residences and 
        buildings with no more than four dwelling units.  
        Asbestos-related work includes asbestos abatement area 
        preparation; enclosure, removal, encapsulation, or repair 
        operations; and an air quality monitoring specified in rule to 
        assure that the abatement and adjacent areas are not 
        contaminated with asbestos fibers during the project and after 
        completion. 
           For purposes of this subdivision, the quantity of asbestos 
        containing material applies separately for every project permit 
        fee paid under section 326.75, subdivision 3.  
           Sec. 20.  Minnesota Statutes 1993 Supplement, section 
        326.75, subdivision 3, is amended to read: 
           Subd. 3.  [PERMIT FEE.] One Five calendar day days before 
        beginning asbestos-related work, a person shall pay a project 
        permit fee to the commissioner equal to one percent of the total 
        costs of the asbestos-related work.  For asbestos-related work 
        performed in single or multifamily residences, of greater than 
        ten but less than 260 linear feet of asbestos-containing 
        material on pipes, or greater than six but less than 160 square 
        feet of asbestos-containing material on other facility 
        components, a person shall pay a project permit fee of $35 to 
        the commissioner. 
           Sec. 21.  [REVIEW AND CODIFICATION; LEAD LAWS AND 
        STATUTES.] 
           The commissioners of health, the pollution control agency, 
        and the housing finance agency in collaboration with the revisor 
        of statutes shall review current lead abatement standards, 
        statutes, laws, and rules, and propose a reorganization and 
        recodification to the legislature by January 10, 1995. 
           Sec. 22.  [PROPOSAL FOR FEDERAL CONFORMING LEGISLATION.] 
           The commissioners of the pollution control agency, and the 
        department of health shall monitor federal rules proposed and 
        adopted for lead hazard reduction of public buildings and 
        structures under title X, of the federal Residential Lead-Based 
        Paint Hazard Reduction Act of 1992, Public Law Number 102-550.  
        The commissioner of health shall report to the legislature by 
        January 10, 1995, with a legislative proposal to bring Minnesota 
        law into conformance with the federal requirements for 
        accreditation of training, inspection, contracting, and 
        employment.  The proposal shall be developed jointly with the 
        commissioners of other affected agencies. 
           Sec. 23.  [FEDERAL TRAINING GRANTS.] 
           The commissioner shall identify and apply for federal 
        grants to subsidize the cost of the current lead abatement 
        training program and to increase the number of certified 
        trainers.  The commissioner shall take necessary actions to 
        expand the number of certified trainers, and increase the 
        capacity of the current lead abatement training program to train 
        and certify contractors and employees as required under section 
        144.876, subdivision 1, and rules adopted under section 144.878, 
        subdivision 5. 
           Sec. 24.  [REPEALER.] 
           (a) Minnesota Statutes 1993 Supplement, sections 144.8771, 
        subdivision 5; 144.8781, subdivisions 1, 2, 3, and 5; 157.082; 
        and 157.09, are repealed.  
           (b) Laws 1993, First Special Session chapter 1, article 9, 
        section 49, is repealed. 
           Sec. 25.  [RULE DELAY.] 
           The requirement for testing of intact paint found in 
        Minnesota Rules, part 4761.0100, "Applicability," paragraph C, 
        shall not take effect until July 1, 1995. 
           Sec. 26.  [EFFECTIVE DATE.] 
           Sections 1 to 25 are effective the day following final 
        enactment. 
           Presented to the governor May 3, 1994 
           Signed by the governor May 5, 1994, 3:22 p.m.