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Office of the Revisor of Statutes

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

                            CHAPTER 213-S.F.No. 801 
                  An act relating to health; recodifying and modifying 
                  provisions relating to lead abatement law; amending 
                  Minnesota Statutes 1994, sections 16B.61, subdivision 
                  3; 116.87, subdivision 2; 144.99, subdivision 1; 
                  268.92, subdivisions 1, 2, 3, 4, 5, 6, 7, 8, 10, and 
                  by adding a subdivision; and 462A.05, subdivision 15c; 
                  proposing coding for new law in Minnesota Statutes, 
                  chapter 144; repealing Minnesota Statutes 1994, 
                  sections 115C.082, subdivision 2; 144.871; 144.872; 
                  144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 
                  144.8781; 144.8782; and 144.879. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
                                   ARTICLE 1 
                         LEAD HAZARD REDUCTION PROGRAM 
           Section 1.  Minnesota Statutes 1994, 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.] 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 1994, section 116.87, 
        subdivision 2, is amended to read: 
           Subd. 2.  [RESIDENCE.] The term "residence" has the meaning 
        given in rules adopted under sections 144.871 144.9501 to 
        144.879 144.9509. 
           Sec. 3.  [144.9501] [DEFINITIONS.] 
           Subdivision 1.  [CITATION.] Sections 144.9501 to 144.9509 
        may be cited as the "childhood lead poisoning act." 
           Subd. 2.  [APPLICABILITY.] The definitions in this section 
        apply to sections 144.9501 to 144.9509.  
           Subd. 3.  [ABATEMENT.] (a) "Abatement" means any set of 
        measures designed to permanently eliminate lead-based paint 
        hazards, defined in United States Code, title 42, section 4851, 
        of the federal Housing and Community Development Act of 1992, 
        and that exceed the standards adopted under section 144.9508.  
        Abatement includes:  
           (1) the removal of lead-based paint and lead-contaminated 
        dust, the permanent containment or encapsulation of lead-based 
        paint, the replacement of lead-painted surfaces or fixtures, and 
        the removal or covering of lead-contaminated soil; and 
           (2) all preparation, cleanup, disposal, and postabatement 
        clearance testing activities associated with these measures.  
           (b) Abatement does not include:  
           (1) activities such as remodeling, renovation, 
        installation, rehabilitation, or landscaping activities whose 
        primary intent is to remodel, repair, or restore a given 
        structure or dwelling, rather than to permanently eliminate 
        lead-based paint hazards, even though these activities may 
        incidentally result in a reduction in lead-based paint hazards; 
        and 
           (2) interim controls for the temporary reduction of 
        exposure to lead hazards such as lead-specific cleaning, 
        repairs, maintenance, painting, and temporary containment.  
           Subd. 4.  [AREAS AT HIGH RISK FOR TOXIC LEAD EXPOSURE.] 
        "Areas at high risk for toxic lead exposure" means a census 
        tract which meets one or more of the following criteria:  
           (1) elevated blood lead levels have been diagnosed in a 
        population of children or pregnant females; 
           (2) many residential structures that are known to have or 
        suspected of having deteriorated lead-based paint; or 
           (3) median soil lead concentrations are greater than 100 
        parts per million for samples collected according to rules 
        adopted under section 144.9508.  
           Subd. 5.  [BARE SOIL.] "Bare soil" means any visible soil 
        that is at least an area of 36 contiguous square inches.  
           Subd. 6.  [BOARD OF HEALTH.] "Board of health" means an 
        administrative authority established under section 145A.03. 
           Subd. 7.  [COMMISSIONER.] "Commissioner" means the 
        commissioner of the Minnesota department of health.  
           Subd. 8.  [DETERIORATED PAINT.] "Deteriorated paint" means 
        paint that is chipped, peeled, or otherwise separated from its 
        substrate or that is attached to damaged substrate.  
           Subd. 9.  [ELEVATED BLOOD LEAD LEVEL.] "Elevated blood lead 
        level" means a diagnostic blood lead test with a result that is 
        equal to or greater than ten micrograms of lead per deciliter of 
        whole blood in any person, unless the commissioner finds that a 
        lower concentration is necessary to protect public health.  
           Subd. 10.  [ENCAPSULATION.] "Encapsulation" means covering 
        a surface coated with paint that exceeds the standards under 
        section 144.9508 with a liquid or solid material, approved by 
        the commissioner, that adheres to the surface, rather than 
        mechanically attaches to it; or covering bare soil that exceeds 
        the standards under section 144.9508 with a permeable material 
        such as vegetation, mulch, or soil that meets the standards 
        under section 144.9508.  
           Subd. 11.  [ENCLOSURE.] "Enclosure" means covering a 
        surface coated with paint that exceeds the standards under 
        section 144.9508 by mechanically fastening to the surface a 
        durable, solid material approved by the commissioner; or 
        covering bare soil that exceeds the standards under section 
        144.9508 with an impermeable material, such as asphalt or 
        concrete.  
           Subd. 12.  [INSPECTING AGENCY.] "Inspecting agency" means 
        the commissioner or a board of health.  
           Subd. 13.  [INTACT PAINT.] "Intact paint" means paint that 
        is not chipped, peeled, or otherwise separated from its 
        substrate or attached to damaged substrate.  Painted surfaces 
        which may generate dust but are not chipped, peeled, or 
        otherwise separated from their substrate or attached to damaged 
        substrate are considered to be intact paint. 
           Subd. 14.  [LEAD CONTRACTOR.] "Lead contractor" means any 
        person who is licensed by the commissioner under section 
        144.9505.  
           Subd. 15.  [LEAD HAZARD.] "Lead hazard" means a condition 
        that causes exposure to lead from dust, bare soil, drinking 
        water, or deteriorated paint that exceeds the standards adopted 
        under section 144.9508.  
           Subd. 16.  [LEAD HAZARD MANAGEMENT.] "Lead hazard 
        management" means a process by which a residence is made 
        lead-safe through the use of lead-safe directives provided for 
        under section 144.9503.  
           Subd. 17.  [LEAD HAZARD REDUCTION.] "Lead hazard reduction" 
        means action undertaken in response to a lead order to make a 
        residence, child care facility, school, or playground lead-safe 
        by complying with the lead standards and methods adopted under 
        section 144.9508, by: 
           (1) a property owner or lead contractor complying with a 
        lead order issued under section 144.9504; or 
           (2) a swab team service provided in response to a lead 
        order issued under section 144.9504.  
           Subd. 18.  [LEAD INSPECTION.] "Lead inspection" means a 
        qualitative or quantitative analytical inspection of a residence 
        for deteriorated paint or bare soil and the collection of 
        samples of deteriorated paint, bare soil, dust, or drinking 
        water for analysis to determine if the lead concentrations in 
        the samples exceed standards adopted under section 144.9508. 
        Lead inspection includes the clearance inspection after the 
        completion of a lead order.  
           Subd. 19.  [LEAD INSPECTOR.] "Lead inspector" means a 
        person who is licensed by the commissioner to perform a lead 
        inspection under section 144.9506.  
           Subd. 20.  [LEAD ORDER.] "Lead order" means a legal 
        instrument to compel a property owner to engage in lead hazard 
        reduction according to the specifications given by the 
        inspecting agency.  
           Subd. 21.  [LEAD-SAFE.] "Lead-safe" means a condition in 
        which lead may be present at the residence, child care facility, 
        school, or playground, if the lead concentration in the dust, 
        paint, soil, and water of a residence does not exceed the 
        standards adopted under section 144.9508, or, if the lead 
        concentrations in the paint or soil do exceed the standards, the 
        paint is intact and the soil is not bare.  
           Subd. 22.  [LEAD-SAFE DIRECTIVES.] "Lead-safe directives" 
        means methods for construction, renovation, remodeling, or 
        maintenance activities that are not regulated as abatement or 
        lead hazard reduction and that are performed so that they do not:
           (1) violate the standards under section 144.9508; 
           (2) create lead dust through the use of prohibited 
        practices; 
           (3) leave debris or a lead residue that can form a dust; 
           (4) provide a readily accessible source of lead dust, lead 
        paint, lead paint chips, or lead contaminated soil, after the 
        use of containment methods; and 
           (5) result in improper disposal of lead contaminated 
        debris, dust, or soil. 
           Subd. 23.  [LEAD WORKER.] "Lead worker" means any person 
        who is certified by the commissioner under section 144.9505.  
           Subd. 24.  [PERSON.] "Person" has the meaning given in 
        section 326.71, subdivision 8.  
           Subd. 25.  [PERSONS AT HIGH RISK FOR ELEVATED BLOOD LEAD 
        LEVEL.] "Persons at high risk for elevated blood lead level" 
        means:  
           (1) a child between six and 72 months of age:  
           (a) who lives in or visits, at least weekly, a residence, 
        child care facility, or school built before 1978 which has 
        peeling or chipping paint, ongoing remodeling or renovation, or 
        bare soil; or 
           (b) who has a sibling, housemate, or playmate who has been 
        diagnosed with an elevated blood lead level in the last 12 
        months; and 
           (2) a pregnant female or a child between six and 72 months 
        of age:  
           (a) who lives in a census tract found to have a median 
        foundation soil lead value exceeding 100 parts per million of 
        lead; 
           (b) who lives near an industrial point source that emits 
        lead; 
           (c) who lives near a road with an average daily traffic 
        which exceeded 5,000 vehicles per day in 1986 or earlier; or 
           (d) who lives with a person whose occupation or hobby 
        involves exposure to lead.  
           Subd. 26.  [PRIMARY PREVENTION.] "Primary prevention" means 
        preventing toxic lead exposure before blood levels become 
        elevated.  
           Subd. 27.  [SAFE HOUSING.] "Safe housing" means a residence 
        that is lead-safe.  
           Subd. 28.  [SECONDARY PREVENTION.] "Secondary prevention" 
        means intervention to mitigate health effects on people with 
        elevated blood lead levels.  
           Subd. 29.  [SWAB TEAM SERVICES.] "Swab team services" means 
        activities that provide protection from lead hazards such as:  
           (1) removing lead dust by washing, vacuuming with high 
        efficiency particle accumulator (HEPA) or wet vacuum cleaners, 
        and cleaning the interior of residential property; 
           (2) removing loose paint and paint chips and reporting or 
        installing guards to protect intact paint; 
           (3) covering or replacing bare soil that has a lead 
        concentration of 100 parts per million or more; 
           (4) health education; 
           (5) advice and assistance to help residents locate and move 
        to a temporary residence while lead hazard reduction is being 
        completed; or 
           (6) any other assistance necessary to meet the resident's 
        immediate needs as a result of the relocation.  
           Subd. 30.  [SWAB TEAM WORKER.] "Swab team worker" means a 
        person who is certified under section 144.9505.  
           Subd. 31.  [VENOUS BLOOD SAMPLE.] "Venous blood sample" 
        means a quantity of blood drawn from a vein.  
           Subd. 32.  [VOLUNTARY LEAD HAZARD REDUCTION.] "Voluntary 
        lead hazard reduction" means action undertaken by a property 
        owner with the intention to engage in lead hazard reduction or 
        abatement, but not in response to the issuance of a lead order.  
           Sec. 4.  [144.9502] [LEAD SURVEILLANCE AND THE OCCURRENCE 
        OF LEAD IN THE ENVIRONMENT.] 
           Subdivision 1.  [SURVEILLANCE.] The commissioner of health 
        shall establish a statewide lead surveillance system.  The 
        purpose of this system is to:  
           (a) monitor blood lead levels in children and adults to 
        identify trends and populations at high risk for elevated blood 
        lead levels; 
           (b) ensure that screening services are provided to 
        populations at high risk for elevated blood lead levels; 
           (c) ensure that medical and environmental follow-up 
        services for children with elevated blood lead levels are 
        provided; and 
           (d) provide accurate and complete data for planning and 
        implementing primary prevention programs that focus on the 
        populations at high risk for elevated blood lead levels.  
           Subd. 2.  [STUDIES AND SURVEYS.] The commissioner of health 
        shall collect blood lead level and exposure information, analyze 
        the information, and conduct studies designed to determine the 
        potential for high risk for elevated blood lead levels among 
        children and adults.  
           Subd. 3.  [REPORTS OF BLOOD LEAD ANALYSIS REQUIRED.] Every 
        hospital, medical clinic, medical laboratory, or other facility 
        performing blood lead analysis shall report the results after 
        the analysis of each specimen analyzed, for both capillary and 
        venous specimens, and epidemiologic information required in this 
        section to the commissioner of health, within the time frames 
        set forth in clauses (1) and (2):  
           (1) within two working days by telephone, fax, or 
        electronic transmission, with written or electronic confirmation 
        within one month, for a venous blood lead level equal to or 
        greater than 15 micrograms of lead per deciliter of whole blood; 
        or 
           (2) within one month in writing or by electronic 
        transmission, for a capillary or venous blood lead level less 
        than 15 micrograms of lead per deciliter of whole blood.  
           The commissioner shall coordinate with hospitals, medical 
        clinics, medical laboratories, and other facilities performing 
        blood lead analysis to develop a universal reporting form and 
        mechanism. 
           The reporting requirements of this subdivision shall expire 
        on December 31, 1997.  Beginning January 1, 1998, every 
        hospital, medical clinic, medical laboratory, or other facility 
        performing blood lead analysis shall report the results within 
        two working days by telephone, fax, or electronic transmission, 
        with written or electronic confirmation within one month, for 
        capillary or venous blood lead level equal to the level for 
        which reporting is recommended by the Center for Disease Control.
           Subd. 4.  [BLOOD LEAD ANALYSES AND EPIDEMIOLOGIC 
        INFORMATION.] The blood lead analysis reports required in this 
        section must specify:  
           (1) whether the specimen was collected as a capillary or 
        venous sample; 
           (2) the date the sample was collected; 
           (3) the results of the blood lead analysis; 
           (4) the date the sample was analyzed; 
           (5) the method of analysis used; 
           (6) the full name, address, and phone number of the 
        laboratory performing the analysis; 
           (7) the full name, address, and phone number of the 
        physician or facility requesting the analysis; 
           (8) the full name, address, and phone number of the person 
        with the elevated blood lead level, and the person's birthdate, 
        gender, and race.  
           Subd. 5.  [FOLLOW-UP EPIDEMIOLOGIC INFORMATION.] The 
        follow-up epidemiologic information required in this section 
        must specify:  
           (1) the name, address, and phone number of the agency or 
        individual contacted to investigate the environment of the 
        person with the elevated blood lead level to determine the 
        sources of lead exposure; and 
           (2) the name, address, and phone number of all agencies or 
        individuals to whom the person or the person's guardian was 
        referred for education about the sources, effects, and 
        prevention of lead exposure.  
           Subd. 6.  [PAINT, SOIL, DUST, AND DRINKING WATER LEAD 
        ANALYSIS.] Every laboratory or other institution performing lead 
        analysis on paint, soil, dust, or drinking water shall report 
        the results to the commissioner of each specimen analysis and 
        epidemiologic information required in this section.  The paint, 
        soil, dust, and drinking water analysis report must specify:  
           (1) the date the sample was collected; 
           (2) the type of sample tested; 
           (3) the results of the lead sample analysis; 
           (4) the method of analysis used; 
           (5) the date the sample was analyzed; 
           (6) the full name, address, and phone number of the 
        laboratory performing the analysis; 
           (7) the full name, address, and phone number of the 
        individual or agency requesting the analysis; and 
           (8) the address of the property and the owner of the 
        property where the sample was collected.  
           Subd. 7.  [REPORTING WITHOUT LIABILITY.] The furnishing of 
        the information required under this section shall not subject 
        the person, laboratory, or other facility furnishing the 
        information to any action for damages or relief.  
           Subd. 8.  [LABORATORY STANDARDS.] (a) A laboratory 
        performing blood lead analysis shall use methods that: 
           (1) meet or exceed the proficiency standards established in 
        the federal Clinical Laboratory Improvement Regulations, Code of 
        Federal Regulations, title 42, section 493, promulgated in 
        accordance with the Clinical Laboratory Improvement Act 
        amendments of 1988, Public Law Number 100-578; or 
           (2) meet or exceed the Occupational Safety and Health 
        Standards for Lead in General Industries, Code of Federal 
        Regulations, section 1910.1025, and Occupational Safety and 
        Health Standards for Lead in Construction, Code of Federal 
        Regulations, section 1926.62.  
           (b) A laboratory performing lead analysis of paint, soil, 
        dust, or drinking water shall use methods that meet or exceed 
        the proficiency standards established in the National Lead 
        Accreditation Program pursuant to United States Code, title 42, 
        section 4851, of the federal Housing and Community Development 
        Act. 
           Subd. 9.  [CLASSIFICATION OF DATA.] Notwithstanding any law 
        to the contrary, including section 13.05, subdivision 9, data 
        collected by the commissioner of health about persons with 
        elevated blood lead levels, including analytic results from 
        samples of paint, soil, dust, and drinking water taken from the 
        individual's home and immediate property, shall be private and 
        may only be used by the commissioner of health and authorized 
        employees of local boards of health for the purposes set forth 
        in this section.  
           Sec. 5.  [144.9503] [PRIMARY PREVENTION.] 
           Subdivision 1.  [PRIMARY PREVENTION PROGRAM.] The 
        commissioner shall develop a primary prevention program to 
        reduce lead exposure in young children and pregnant women.  The 
        commissioner shall develop a priority list for high risk census 
        tracts, provide primary prevention lead education, promote 
        primary prevention swab team services in cooperation with the 
        commissioner of economic security or housing finance, provide 
        lead cleanup equipment and material grants, monitor voluntary 
        lead hazard reduction or abatement, and develop lead-safe 
        directives in cooperation with the commissioner of 
        administration. 
           Subd. 2.  [PRIORITIES FOR PRIMARY PREVENTION.] The 
        commissioner of health shall publish in the State Register a 
        priority list of census tracts at high risk for toxic lead 
        exposure.  All local governmental units and boards of health 
        shall follow the priorities published in the State Register.  In 
        establishing the list, the commissioner shall use the 
        surveillance data collected under section 144.9502 and other 
        information as appropriate or specified in this section and 
        shall award points to each census tract on which information is 
        available.  The priority for primary prevention 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 of 
        whole blood.  The commissioner shall revise and update the 
        priority list at least every five years.  Points shall be 
        awarded as specified in paragraphs (a) to (c).  
           (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 of whole 
        blood.  An additional point shall be awarded if one percent of 
        the children had blood lead levels greater than 20 micrograms of 
        lead 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 of lead per deciliter 
        of whole blood.  
           (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 titled "Distribution of 
        Houseside Lead Content of Soil-Dust in the Twin Cities," 
        prepared by the Center for Urban and Regional Affairs, Humphrey 
        Institute, University of Minnesota, Publication 1989, Center for 
        Urban and Regional Affairs 89-4.  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 census tract.  Values for 
        census tracts may be updated by surveying the census tract 
        according to the procedures adopted under this section.  
           Subd. 3.  [PRIMARY PREVENTION LEAD EDUCATION STRATEGY.] The 
        commissioner of health shall develop a primary prevention lead 
        education strategy to prevent lead exposure.  The strategy shall 
        specify:  
           (1) the development of lead education materials that 
        describe the health effects of lead exposure, safety measures, 
        and methods to be used in the lead hazard reduction process; 
           (2) the provision of lead education materials to the 
        general public; 
           (3) the provision of lead education materials to property 
        owners, landlords, and tenants by swab team workers and public 
        health professionals, such as nurses, sanitarians, health 
        educators, other public health professionals in areas at high 
        risk for toxic lead exposure; and 
           (4) the promotion of awareness of community, legal, and 
        housing resources.  
           Subd. 4.  [SWAB TEAM SERVICES.] Primary prevention must 
        include the use of swab team services in census tracts 
        identified at high risk for toxic lead exposure as identified by 
        the commissioner under this section.  The swab team services may 
        be provided based on visual inspections whenever possible and 
        must at least include lead hazard management for deteriorated 
        interior lead-based paint, bare soil, and dust.  
           Subd. 5.  [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] (a) 
        Nonprofit community-based organizations in areas at high risk 
        for toxic lead exposure, as determined by the commissioner under 
        this section, may apply for grants from the commissioner to 
        purchase lead cleanup equipment and materials and to pay for 
        training for staff and volunteers for lead certification.  
           (b) For the purposes of this section, lead cleanup 
        equipment and materials means high efficiency particle 
        accumulator (HEPA) and wet vacuum cleaners, wash water filters, 
        mops, buckets, hoses, sponges, protective clothing, drop cloths, 
        wet scraping equipment, secure containers, 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.  
           (c) The grantee's staff and volunteers may make lead 
        cleanup equipment and materials available to residents and 
        property owners and instruct them on the proper use of the 
        equipment.  Lead cleanup equipment and materials must be made 
        available to low-income households, as defined by federal 
        guidelines, on a priority basis at no fee, and other households 
        on a sliding fee scale.  
           (d) The grantee shall not charge a fee for services 
        performed using the equipment or materials.  
           Subd. 6.  [VOLUNTARY LEAD HAZARD REDUCTION.] The 
        commissioner shall monitor the lead hazard reduction methods 
        adopted under section 144.9508 in cases of voluntary lead hazard 
        reduction.  All contractors hired to do voluntary lead hazard 
        reduction must be licensed lead contractors.  If a property 
        owner does not use a lead contractor for voluntary lead hazard 
        reduction, the property owner shall provide the commissioner 
        with a plan for lead hazard reduction at least ten working days 
        before beginning the lead hazard reduction.  The plan must 
        include the details required in section 144.9505, and notice as 
        to when lead hazard reduction activities will begin.  No penalty 
        shall be assessed against a property owner for discontinuing 
        voluntary lead hazard reduction before completion of the plan, 
        provided that the property owner discontinues the plan in a 
        manner that leaves the property in a condition no more hazardous 
        than its condition before the plan implementation. 
           Subd. 7.  [LEAD-SAFE DIRECTIVES.] By July 1, 1995, and 
        amended and updated as necessary, the commissioner shall develop 
        in cooperation with the commissioner of administration 
        provisions and procedures to define lead-safe directives for 
        residential remodeling, renovation, installation, and 
        rehabilitation activities that are not lead hazard reduction, 
        but may disrupt lead-based paint surfaces.  The provisions and 
        procedures shall define lead-safe directives for nonlead hazard 
        reduction activities including preparation, cleanup, and 
        disposal procedures.  The directives shall be based on the 
        different levels and types of work involved and the potential 
        for lead hazards.  The directives shall address activities 
        including 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, 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.  The commissioner of health shall report to the 
        legislature by February 15, 1996, regarding development of the 
        provisions required under this subdivision.  
           Subd. 8.  [CERTIFICATION FOR LEAD SAFE HOUSING.] The 
        commissioner shall propose to the legislature a program to 
        certify residences as lead safe by February 15, 1996. 
           Subd. 9.  [LANDLORD TENANT STUDY.] The commissioner of 
        health shall conduct or contract for a study of the legal 
        responsibilities of tenants and landlords in the prevention of 
        lead hazards, and shall report the findings to the legislature, 
        along with recommendations as to any changes needed to clarify 
        or modify current law by January 15, 1996.  In conducting the 
        study, the commissioner shall convene any public meetings 
        necessary to hear the testimony and recommendations of 
        interested parties, and shall invite and consider written public 
        comments. 
           Sec. 6.  [144.9504] [SECONDARY PREVENTION.] 
           Subdivision 1.  [JURISDICTION.] (a) A board of health 
        serving cities of the first class must conduct lead inspections 
        for purposes of secondary prevention, according to the 
        provisions of this section.  A board of health not serving 
        cities of the first class must conduct lead inspections for the 
        purposes of secondary prevention, unless they certify in writing 
        to the commissioner by January 1, 1996, that they desire to 
        relinquish these duties back to the commissioner.  At the 
        discretion of the commissioner, a board of health may, upon 
        written request to the commissioner, resume these duties. 
           (b) Inspections must be conducted by a board of health 
        serving a city of the first class.  The commissioner must 
        conduct lead inspections in any area not including cities of the 
        first class where a board of health has relinquished to the 
        commissioner the responsibility for lead inspections.  The 
        commissioner shall coordinate with the board of health to ensure 
        that the requirements of this section are met.  
           (c) The commissioner may assist boards of health by 
        providing technical expertise, equipment, and personnel to 
        boards of health.  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 
        lead inspections. 
           (d) The commissioner shall enforce the rules under section 
        144.9508 in cases of voluntary lead hazard reduction. 
           Subd. 2.  [LEAD INSPECTION.] (a) An inspecting agency shall 
        conduct a lead inspection of a residence according to the venous 
        blood lead level and time frame set forth in clauses (1) to (4) 
        for purposes of secondary prevention:  
           (1) within 48 hours of a child or pregnant female in the 
        residence being identified to the agency as having a venous 
        blood lead level equal to or greater than 70 micrograms of lead 
        per deciliter of whole blood; 
           (2) within five working days of a child or pregnant female 
        in the residence being identified to the agency as having a 
        venous blood lead level equal to or greater than 45 micrograms 
        of lead per deciliter of whole blood; 
           (3) within ten working days of a child or pregnant female 
        in the residence being identified to the agency as having a 
        venous blood lead level equal to or greater than 20 micrograms 
        of lead per deciliter of whole blood; or 
           (4) within ten working days of a child or pregnant female 
        in the residence being identified to the agency as having a 
        venous blood lead level that persists in the range of 15 to 19 
        micrograms of lead per deciliter of whole blood for 90 days 
        after initial identification.  
           (b) Within the limits of available state and federal 
        appropriations, an inspecting agency may also conduct a lead 
        inspection for children with any elevated blood lead level.  
           (c) In a building with two or more dwelling units, an 
        inspecting agency shall inspect the individual unit in which the 
        conditions of this section are met and shall also inspect all 
        common areas.  If a child visits one or more other sites such as 
        another residence, or a residential or commercial child care 
        facility, playground, or school, the inspecting agency shall 
        also inspect the other sites.  The inspecting agency shall have 
        one additional day added to the time frame set forth in this 
        subdivision to complete the lead inspection for each additional 
        site.  
           (d) The inspecting agency shall identify the known 
        addresses for the previous 12 months of the child or pregnant 
        female with elevated blood lead levels; notify the property 
        owners, landlords, and tenants at those addresses that an 
        elevated blood lead level was found in a person who resided at 
        the property; and give them a copy of the lead inspection guide. 
        This information shall be classified as private data on 
        individuals as defined under section 13.02, subdivision 12.  
           (e) The inspecting agency shall conduct the lead inspection 
        according to rules adopted by the commissioner under section 
        144.9508.  An inspecting agency shall have lead inspections 
        performed by lead inspectors licensed by the commissioner 
        according to rules adopted under section 144.9508.  If a 
        property owner refuses to allow an inspection, the inspecting 
        agency shall begin legal proceedings to gain entry to the 
        property and the time frame for conducting a lead inspection set 
        forth in this subdivision no longer applies.  An inspector or 
        inspecting agency may observe the performance of lead hazard 
        reduction in progress and shall enforce the provisions of this 
        section under section 144.9509.  Deteriorated painted surfaces, 
        bare soil, dust, and drinking water must be tested with 
        appropriate analytical equipment to determine the lead content, 
        except that deteriorated painted surfaces or bare soil need not 
        be tested if the property owner agrees to engage in lead hazard 
        reduction on those surfaces.  
           (f) A lead inspector shall notify the commissioner and the 
        board of health of all violations of lead standards under 
        section 144.9508, that are identified in a lead inspection 
        conducted under this section.  
           (g) Each inspecting agency shall establish an 
        administrative appeal procedure which allows a property owner to 
        contest the nature and conditions of any lead order issued by 
        the inspecting agency.  Inspecting agencies must consider 
        appeals that propose lower cost methods that make the residence 
        lead safe. 
           (h) Sections 144.9501 to 144.9509 neither authorize nor 
        prohibit an inspecting agency from charging a property owner for 
        the cost of a lead inspection.  
           Subd. 3.  [LEAD EDUCATION STRATEGY.] At the time of a lead 
        inspection or following a lead order, the inspecting agency 
        shall ensure that a family will receive a visit at their 
        residence by a swab team worker or public health professional, 
        such as a nurse, sanitarian, public health educator, or other 
        public health professional.  The swab team worker or public 
        health professional shall inform the property owner, landlord, 
        and the tenant of the health-related aspects of lead exposure; 
        nutrition; safety measures to minimize exposure; methods to be 
        followed before, during, and after the lead hazard reduction 
        process; and community, legal, and housing resources.  If a 
        family moves to a temporary residence during the lead hazard 
        reduction process, lead education services should be provided at 
        the temporary residence whenever feasible.  
           Subd. 4.  [LEAD INSPECTION GUIDES.] (a) The commissioner of 
        health shall develop or purchase lead inspection guides that 
        enable parents and other caregivers to assess the possible lead 
        sources present and that suggest lead hazard reduction actions.  
        The guide must provide information on lead hazard reduction and 
        disposal methods, sources of equipment, and telephone numbers 
        for additional information to enable the persons to either 
        select a lead contractor or perform the lead hazard reduction.  
        The guides must explain:  
           (1) the requirements of this section and rules adopted 
        under section 144.9508; 
           (2) information on the administrative appeal procedures 
        required under this section; 
           (3) summary information on lead-safe directives; 
           (4) be understandable at an eighth grade reading level; and 
           (5) be translated for use by non-English-speaking persons.  
           (b) An inspecting agency shall provide the lead inspection 
        guides at no cost to:  
           (1) parents and other caregivers of children who are 
        identified as having blood lead levels of at least ten 
        micrograms of lead per deciliter of whole blood; 
           (2) all property owners who are issued housing code or lead 
        orders requiring lead hazard reduction of lead sources and all 
        occupants of those properties; and 
           (3) occupants of residences adjacent to the inspected 
        property.  
           (c) An inspecting agency shall provide the lead inspection 
        guides on request to owners or occupants of residential 
        property, builders, contractors, inspectors, and the public 
        within the jurisdiction of the inspecting agency.  
           Subd. 5.  [LEAD ORDERS.] An inspecting agency, after 
        conducting a lead inspection, shall order a property owner to 
        perform lead hazard reduction on all lead sources that exceed a 
        standard adopted according to section 144.9508.  If lead 
        inspections and lead orders are conducted at times when weather 
        or soil conditions do not permit the lead inspection or lead 
        hazard reduction, external surfaces and soil lead shall be 
        inspected, and lead orders complied with, if necessary, at the 
        first opportunity that weather and soil conditions allow.  If 
        the paint standard under section 144.9508 is violated, but the 
        paint is intact, the inspecting agency shall not order the paint 
        to be removed unless the intact paint is a known source of 
        actual lead exposure to a specific person.  Before the 
        inspecting agency 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 and methods.  Whenever windows and doors or other 
        components covered with deteriorated lead-based paint have sound 
        substrate or are not rotting, those components should be 
        repaired, sent out for stripping or be planed down to remove 
        deteriorated lead-based paint or covered with protective guards 
        instead of being replaced, provided that such an activity is the 
        least cost method.  Lead orders must require that any source of 
        damage, such as leaking roofs, plumbing, and windows, be 
        repaired or replaced, as needed, to prevent damage to 
        lead-containing interior surfaces.  The inspecting agency is not 
        required to pay for lead hazard reduction.  Lead orders must be 
        issued within 30 days of receiving the blood lead level 
        analysis.  The inspecting agency shall enforce the lead orders 
        issued to a property owner under this section.  A copy of the 
        lead order must be forwarded to the commissioner.  
           Subd. 6.  [SWAB TEAM SERVICES.] After a lead inspection or 
        after issuing lead orders, the inspecting agency, within the 
        limits of appropriations and availability, shall offer the 
        property owner the services of a swab team free of charge and, 
        if accepted, shall send a swab team within ten working days to 
        the residence to perform swab team services as defined in 
        section 144.9501.  If the inspecting agency provides swab team 
        services after a lead inspection, but before the issuance of a 
        lead order, swab team services do not need to be repeated after 
        the issuance of the lead order if the swab team services 
        fulfilled the lead order.  Swab team services are not considered 
        completed until the clearance inspection required under this 
        section shows that the property is lead safe. 
           Subd. 7.  [RELOCATION OF RESIDENTS.] (a) An inspecting 
        agency shall ensure that residents are relocated from rooms or 
        dwellings during a lead hazard reduction process that generates 
        leaded dust, such as removal or disruption of lead-based paint 
        or plaster that contains lead.  Residents shall not remain in 
        rooms or dwellings where the lead hazard reduction process is 
        occurring.  An inspecting agency is not required to pay for 
        relocation unless state or federal funding is available for this 
        purpose.  The inspecting agency shall make an effort to assist 
        the resident in locating resources that will provide assistance 
        with relocation costs.  Residents shall be allowed to return to 
        the residence or dwelling after completion of the lead hazard 
        reduction process.  An inspecting agency shall use grant funds 
        under section 144.9507 if available, in cooperation with local 
        housing agencies, to pay for moving costs and rent for a 
        temporary residence for any low-income resident temporarily 
        relocated during lead hazard reduction.  For purposes of this 
        section, "low-income resident" means any resident whose gross 
        household income is at or below 185 percent of federal poverty 
        level.  
           (b) A resident of rental property who is notified by an 
        inspecting agency to vacate the premises during lead hazard 
        reduction, notwithstanding any rental agreement or lease 
        provisions:  
           (1) shall not be required to pay rent due the landlord for 
        the period of time the tenant vacates the premises due to lead 
        hazard reduction; 
           (2) may elect to immediately terminate the tenancy 
        effective on the date the tenant vacates the premises due to 
        lead hazard reduction; and 
           (3) shall not, if the tenancy is terminated, be liable for 
        any further rent or other charges due under the terms of the 
        tenancy. 
           (c) A landlord of rental property whose tenants vacate the 
        premises during lead hazard reduction shall:  
           (1) allow a tenant to return to the dwelling unit after 
        lead hazard reduction and clearance inspection, required under 
        this section, is completed, unless the tenant has elected to 
        terminate the tenancy as provided for in paragraph (b); and 
           (2) return any security deposit due under section 504.20 
        within five days of the date the tenant vacates the unit, to any 
        tenant who terminates tenancy as provided for in paragraph (b).  
           Subd. 8.  [PROPERTY OWNER RESPONSIBILITY.] Property owners 
        shall comply with lead orders issued under this section within 
        60 days or be subject to enforcement actions as provided under 
        section 144.9509.  For orders or portions of orders concerning 
        external lead hazards, property owners shall comply within 60 
        days, or as soon thereafter as weather permits.  If the property 
        owner does not use a lead contractor for compliance with the 
        lead orders, the property owner shall submit a plan for approval 
        by the inspecting agency within 30 days after receiving the 
        orders.  The plan must include the details required in section 
        144.9505 as to how the property owner intends to comply with the 
        lead orders and notice as to when lead hazard reduction 
        activities will begin. 
           Subd. 9.  [CLEARANCE INSPECTION.] After completion of swab 
        team services and compliance with the lead orders by the 
        property owner, including any repairs ordered by a local housing 
        or building inspector, the inspecting agency shall conduct a 
        clearance inspection by visually inspecting the residence for 
        deteriorated paint and bare soil and retest the dust lead 
        concentration in the residence to assure that violations of the 
        lead standards under section 144.9508 no longer exist.  The 
        inspecting agency is not required to test a dwelling unit after 
        lead hazard reduction that was not ordered by the inspecting 
        agency.  
           Subd. 10.  [CASE CLOSURE.] A lead inspection is completed 
        and the responsibility of the inspecting agency ends when all of 
        the following conditions are met:  
           (1) lead orders are written on all known sources of 
        violations of lead standards under section 144.9508; 
           (2) compliance with all lead orders has been completed; and 
           (3) clearance inspections demonstrate that no deteriorated 
        lead paint, bare soil, or lead dust levels exist that exceed the 
        standards adopted under section 144.9508.  
           Subd. 11.  [LOCAL ORDINANCES.] No unit of local government 
        shall have an ordinance, regulation, or practice which requires 
        property owners to comply with any lead hazard reduction order 
        in a period of time shorter than the period established for 
        compliance with lead orders under this section. 
           Sec. 7.  [144.9505] [LICENSING OF LEAD CONTRACTORS AND 
        CERTIFICATION OF WORKERS.] 
           Subdivision 1.  [LICENSING AND CERTIFICATION.] (a) Lead 
        contractors shall, before performing abatement or lead hazard 
        reduction, obtain a license from the commissioner.  Workers for 
        lead contractors shall obtain certification from the 
        commissioner.  The commissioner shall specify training and 
        testing requirements for licensure and certification as required 
        in section 144.9508 and shall charge a fee for the cost of 
        issuing a license or certificate and for training provided by 
        the commissioner.  Fees collected under this section shall be 
        set in amounts to be determined by the commissioner to cover but 
        not exceed the costs of adopting rules under section 144.9508, 
        the costs of licensure, certification, and training, and the 
        costs of enforcing licenses and certificates under this 
        section.  All fees received shall be paid into the state 
        treasury and credited to the lead abatement licensing and 
        certification account and are appropriated to the commissioner 
        to cover costs incurred under this section and section 144.9508. 
           (b) Contractors shall not advertise or otherwise present 
        themselves as lead contractors unless they have lead contractor 
        licenses issued by the department of health. 
           Subd. 2.  [LEAD TRAINING.] Lead abatement and lead hazard 
        reduction 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, lead abatement and lead hazard reduction methods, 
        lead-safe directives, decontamination procedures, cleanup and 
        waste disposal procedures, lead monitoring and testing methods, 
        swab team services, and legal rights and responsibilities. 
           Subd. 3.  [LICENSED BUILDING CONTRACTOR; INFORMATION.] The 
        commissioner shall provide health and safety information on lead 
        abatement and lead hazard reduction to all residential building 
        contractors licensed under section 326.84.  The information must 
        include the lead-safe directives and any other materials 
        describing ways to protect the health and safety of both workers 
        and residents. 
           Subd. 4.  [NOTICE OF LEAD ABATEMENT OR LEAD HAZARD 
        REDUCTION WORK.] (a) At least five days before starting work at 
        each lead abatement or lead hazard reduction worksite, the 
        person performing the lead abatement or lead hazard reduction 
        work shall give written notice and an approved work plan as 
        required in this section to the commissioner and the appropriate 
        board of health. 
           (b) This provision does not apply to swab team workers 
        performing work under an order of an inspecting agency. 
           Subd. 5.  [ABATEMENT OR LEAD HAZARD REDUCTION PLANS.] (a) A 
        lead contractor shall present a lead abatement or lead hazard 
        reduction work plan to the property owner with each bid or 
        estimate for lead abatement or lead hazard reduction work.  The 
        plan does not replace or supersede more stringent contractual 
        agreements.  A written lead abatement or lead hazard reduction 
        plan must be prepared which describes the equipment and 
        procedures to be used throughout the lead abatement or lead 
        hazard reduction work project.  At a minimum, the plan must 
        describe: 
           (1) the building area and building components to be worked 
        on; 
           (2) the amount of lead-containing material to be removed, 
        encapsulated, or enclosed; 
           (3) the schedule to be followed for each work stage; 
           (4) the workers' personal protection equipment and 
        clothing; 
           (5) the dust suppression and debris containment methods; 
           (6) the lead abatement or lead hazard reduction methods to 
        be used on each building component; 
           (7) cleaning methods; 
           (8) temporary, on-site waste storage, if any; and 
           (9) the methods for transporting waste material and its 
        destination. 
           (b) A lead contractor shall itemize the costs for each item 
        listed in paragraph (a) and for any other expenses associated 
        with the lead abatement or lead hazard reduction work and shall 
        present these costs to the property owner with any bid or 
        estimate for lead abatement or lead hazard reduction work. 
           (c) A lead contractor shall keep a copy of the plan readily 
        available at the worksite for the duration of the project and 
        present it to the inspecting agency on demand. 
           (d) A lead contractor shall keep a copy of the plan on 
        record for one year after completion of the project and shall 
        present it to the inspecting agency on demand. 
           (e) This provision does not apply to swab team workers 
        performing work under an order of an inspecting agency or 
        providing services at no cost to a property owner with funding 
        under a state or federal grant. 
           Sec. 8.  [144.9506] [LICENSING OF LEAD INSPECTORS.] 
           Subdivision 1.  [LICENSE REQUIRED.] (a) A lead inspector 
        shall obtain a license before performing lead inspections and 
        shall renew it annually.  The commissioner shall charge a fee 
        and require annual training, as specified in this section.  A 
        lead inspector shall have the inspector's license readily 
        available at all times at an inspection site and make it 
        available, on request, for inspection by the inspecting agency 
        with jurisdiction over the site.  A license shall not be 
        transferred. 
           (b) Individuals shall not advertise or otherwise present 
        themselves as lead inspectors unless licensed by the 
        commissioner. 
           Subd. 2.  [LICENSE APPLICATION.] An application for a 
        license or license renewal shall be on a form provided by the 
        commissioner and shall include: 
           (1) a $50 nonrefundable fee, in a form approved by the 
        commissioner; and 
           (2) evidence that the applicant has successfully completed 
        a lead inspector training course approved under this section or 
        from another state with which the commissioner has established 
        reciprocity.  The fee required in this section is waived for 
        federal, state, or local government employees within Minnesota. 
           Subd. 3.  [LICENSE RENEWAL.] A license is valid for one 
        year from the issuance date unless the commissioner revokes or 
        suspends it, except that the initial license will be issued to 
        expire one year after the completion date on the approved 
        training course diploma.  An applicant shall successfully 
        complete either an approved annual refresher lead inspection 
        training course or a repeat of the approved initial lead 
        inspection training course in order to apply for license renewal.
           Subd. 4.  [LICENSE REPLACEMENT.] A licensed lead inspector 
        may obtain a replacement license by reapplying for a license.  A 
        replacement expires on the same date as the original license.  A 
        nonrefundable $25 fee is required with each replacement 
        application.  
           Subd. 5.  [APPROVAL OF LEAD INSPECTION COURSE.] A lead 
        inspection course sponsored by the United States Environmental 
        Protection Agency is an approved course for the purpose of this 
        section, providing it covers the criteria listed in section 
        144.9505.  The commissioner shall evaluate for approval by 
        permit lead inspector courses other than those approved by the 
        United States Environmental Protection Agency. 
           Sec. 9.  [144.9507] [LEAD-RELATED FUNDING.] 
           Subdivision 1.  [LEAD EDUCATION STRATEGY CONTRACTS.] The 
        commissioner shall, within available federal or state 
        appropriations, contract with: 
           (1) boards of health to provide funds for lead education as 
        provided for in sections 144.9503 and 144.9504; and 
           (2) swab team workers and community-based advocacy groups 
        to provide funds for lead education for primary prevention of 
        toxic lead exposure in areas at high risk for toxic lead 
        exposure. 
           Subd. 2.  [LEAD INSPECTION CONTRACTS.] The commissioner 
        shall, within available federal or state appropriations, 
        contract with boards of health to conduct lead inspections to 
        determine sources of lead contamination and to issue and enforce 
        lead orders according to section 144.9504.  
           Subd. 3.  [TEMPORARY LEAD-SAFE HOUSING CONTRACTS.] The 
        commissioner shall, within the limits of available 
        appropriations, contract with boards of health for temporary 
        housing, to be used in meeting relocation requirements in 
        section 144.9504, and award grants to boards of health for the 
        purposes of paying housing and relocation costs under section 
        144.9504.  
           Subd. 4.  [LEAD CLEANUP EQUIPMENT AND MATERIAL GRANTS.] The 
        commissioner shall, within the limits of available state or 
        federal appropriations, provide funds for lead cleanup equipment 
        and materials under a grant program to nonprofit community-based 
        organizations in areas at high risk for toxic lead exposure, as 
        provided for in section 144.9503.  
           Subd. 5.  [FEDERAL LEAD-RELATED FUNDS.] To the extent 
        practicable under federal guidelines, the commissioner of health 
        shall coordinate with the commissioner of housing finance so 
        that at least 50 percent of federal lead funds are allocated for 
        swab team services.  
           To the extent practicable under federal guidelines, the 
        commissioner of health may also use federal funding to contract 
        with boards of health for purposes as specified in this section, 
        but only to the extent that the federal funds do not replace 
        existing funding for these lead services.  
           Sec. 10.  [144.9508] [RULES.] 
           Subdivision 1.  [SAMPLING AND ANALYSIS.] The commissioner 
        shall adopt, by rule, visual inspection and sampling and 
        analysis methods for:  
           (1) lead inspections under section 144.9504; 
           (2) environmental surveys of lead in paint, soil, dust, and 
        drinking water to determine census tracts that are areas at high 
        risk for toxic lead exposure; 
           (3) soil sampling for soil used as replacement soil; and 
           (4) drinking water sampling, which shall be done in 
        accordance with lab certification requirements and analytical 
        techniques specified by Code of Federal Regulations, title 40, 
        section 141.89.  
           Subd. 2.  [LEAD STANDARDS AND METHODS.] (a) The 
        commissioner shall adopt rules establishing lead hazard 
        reduction standards and methods in accordance with the 
        provisions of this section, for lead in paint, dust, 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, child care facilities, playgrounds, 
        and schools.  
           (b) In the rules required by this section, the commissioner 
        shall differentiate between intact paint and deteriorated 
        paint.  The commissioner shall require lead hazard reduction of 
        intact paint only if the commissioner finds that the intact 
        paint is on a chewable or lead-dust producing surface that is a 
        known source of actual lead exposure to a specific individual.  
        The commissioner shall prohibit methods that disperse lead dust 
        into the air that could accumulate to a level that would exceed 
        the lead dust standard specified under this section.  The 
        commissioner shall work cooperatively with the commissioner of 
        administration to determine which lead hazard reduction methods 
        adopted under this section may be used for lead-safe directives 
        including prohibited practices, preparation, disposal, and 
        cleanup.  The commissioner shall work cooperatively with the 
        commissioner of the pollution control agency to develop disposal 
        procedures.  In adopting rules under this section, the 
        commissioner shall require the best available technology for 
        lead hazard reduction methods, paint stabilization, and 
        repainting.  
           (c) The commissioner of health shall adopt lead hazard 
        reduction standards and methods for lead in bare soil 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.  The commissioner shall set a soil 
        replacement standard not to exceed 25 parts of lead per 
        million.  Soil lead hazard reduction methods shall focus on 
        erosion control and covering of bare soil.  
           (d) The commissioner shall adopt lead hazard reduction 
        standards and methods for lead in dust in a manner to protect 
        the public health and environment.  Dust standards shall use a 
        weight of lead per area measure and include dust on the floor, 
        on the window sills, and on window wells.  Lead hazard reduction 
        methods for dust shall focus on dust removal and other practices 
        which minimize the formation of lead dust from paint, soil, or 
        other sources.  
           (e) The commissioner shall adopt lead hazard reduction 
        standards and methods for lead in drinking water both at the tap 
        and public water supply system or private well in a manner to 
        protect the public health and the environment.  The commissioner 
        may adopt the rules for controlling lead in drinking water as 
        contained in Code of Federal Regulations, title 40, part 141.  
        Drinking water lead hazard reduction methods may include an 
        educational approach of minimizing lead exposure from lead in 
        drinking water.  
           (f) The commissioner of the pollution control agency shall 
        adopt rules to ensure that removal of exterior lead-based 
        coatings from residences and steel structures by abrasive 
        blasting methods is conducted in a manner that protects health 
        and the environment.  
           (g) All lead hazard reduction standards shall provide 
        reasonable margins of safety that are consistent with more than 
        a summary review of scientific evidence and an emphasis on 
        overprotection rather than underprotection when the scientific 
        evidence is ambiguous.  
           (h) No unit of local government shall have an ordinance or 
        regulation governing lead hazard reduction standards or methods 
        for lead in paint, dust, drinking water, or soil that require a 
        different lead hazard reduction standard or method than the 
        standards or methods established under this section.  
           (i) Notwithstanding paragraph (h), the commissioner may 
        approve the use by a unit of local government of an innovative 
        lead hazard reduction method which is consistent in approach 
        with methods established under this section. 
           Subd. 3.  [LEAD CONTRACTORS AND WORKERS.] The commissioner 
        shall adopt rules to license lead contractors and to certify 
        workers of lead contractors who perform lead abatement or lead 
        hazard reduction.  
           Subd. 4.  [LEAD TRAINING COURSE.] The commissioner shall 
        establish by rule a permit fee to be paid by a training course 
        provider on application for a training course permit or renewal 
        period for each lead-related training course required for 
        certification or licensure.  
           Subd. 5.  [VARIANCES.] In adopting the rules required under 
        this section, the commissioner shall provide variance procedures 
        for any provision in rules adopted under this section, except 
        for the numerical standards for the concentrations of lead in 
        paint, dust, bare soil, and drinking water.  
           Subd. 6.  [PROGRAM DIRECTIVES.] 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 this section in 
        ambiguous or unusual lead abatement situations.  These program 
        directives are guidelines to local boards of health.  The 
        commissioner shall periodically review lead abatement orders and 
        the program directives to determine if the rules under this 
        section need to be amended to reflect new understanding of lead 
        abatement practices and methods.  
           Sec. 11.  [144.9509] [ENFORCEMENT.] 
           Subdivision 1.  [ENFORCEMENT.] When the commissioner 
        exercises authority for enforcement, the provisions of sections 
        144.9501 to 144.9509 shall be enforced under the provisions of 
        sections 144.989 to 144.993.  The commissioner shall develop a 
        model ordinance for boards of health to adopt to enforce section 
        144.9504.  Boards of health shall enforce a lead order issued 
        under section 144.9504 under a local ordinance or as a public 
        health nuisance under chapter 145A. 
           Subd. 2.  [DISCRIMINATION.] A person who discriminates 
        against or otherwise sanctions an employee who complains to or 
        cooperates with the inspecting agency in administering sections 
        144.9501 to 144.9509 is guilty of a petty misdemeanor.  
           Subd. 3.  [ENFORCEMENT AND STATUS REPORT.] The commissioner 
        shall examine compliance with Minnesota's existing lead 
        standards and rules and report to the legislature biennially, 
        beginning February 15, 1997, including an evaluation of current 
        lead program activities by the state and boards of health, the 
        need for any additional enforcement procedures, recommendations 
        on developing a method to enforce compliance with lead 
        standards, and cost estimates for any proposed enforcement 
        procedure.  The report shall also include a geographic analysis 
        of all blood lead assays showing incidence data and 
        environmental analyses reported or collected by the commissioner.
           Sec. 12.  Minnesota Statutes 1994, section 144.99, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [REMEDIES AVAILABLE.] The provisions of 
        chapters 103I and 157 and sections 115.71 to 115.82; 144.12, 
        subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), 
        (14), and (15); 144.121; 144.35; 144.381 to 144.385; 144.411 to 
        144.417; 144.491; 144.495; 144.71 to 144.74; 144.871 to 144.878 
        144.9501 to 144.9509; 144.992; 326.37 to 326.45; 326.57 to 
        326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, 
        orders, stipulation agreements, settlements, compliance 
        agreements, licenses, registrations, certificates, and permits 
        adopted or issued by the department or under any other law now 
        in force or later enacted for the preservation of public health 
        may, in addition to provisions in other statutes, be enforced 
        under this section. 
           Sec. 13.  [REPEALER.] 
           Minnesota Statutes 1994, sections 144.871; 144.872; 
        144.873; 144.874; 144.876; 144.877; 144.8771; 144.878; 144.8781; 
        144.8782; and 144.879, are repealed. 
                                   ARTICLE 2 
                           SWAB TEAM SERVICES PROGRAM 
           Section 1.  Minnesota Statutes 1994, section 268.92, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [DEFINITIONS.] (a) For the purposes of this 
        section, the following terms have the meanings given them. 
           (a) "Certified trainer" means a lead trainer certified by 
        the commissioner of health under section 144.878, subdivision 5. 
           (b) "Certified worker" means a lead abatement worker 
        certified by the commissioner of health under section 144.878, 
        subdivision 5. 
           (c) "Commissioner" means the commissioner of economic 
        security words defined in section 144.9501 have the meanings 
        given. 
           (d) (b) For purposes of this section, "eligible 
        organization" means a licensed lead contractor, certified 
        trainer, city, board of health, community health department, 
        community action agency as defined in section 268.52, or 
        community development corporation. 
           (c) For purposes of this section, "commissioner" means the 
        commissioner of economic security, or commissioner of the 
        Minnesota housing finance agency as authorized by section 
        462A.05, subdivision 15c. 
           (e) "High risk for toxic lead exposure" has the meaning 
        given in section 144.871, subdivision 7a. 
           (f) "Licensed contractor" means a contractor licensed by 
        the department of health under section 144.876. 
           (g) "Removal and replacement abatement" means lead 
        abatement on residential property that requires retrofitting and 
        conforms to the rules established under section 144.878. 
           (h) "Swab team" has the meaning given in section 144.871, 
        subdivision 9. 
           Sec. 2.  Minnesota Statutes 1994, section 268.92, 
        subdivision 2, is amended to read: 
           Subd. 2.  [GRANTS; ADMINISTRATION.] Within the limits of 
        the available appropriation, the commissioner shall develop a 
        swab team services program which may make demonstration and 
        training grants to eligible organizations for programs to train 
        workers for to provide swab teams team services and removal 
        and replacement abatement, and to provide swab team services and 
        removal and replacement abatement swab team services for 
        residential property.  Grants may be awarded to nonprofit 
        organizations to provide technical assistance and training to 
        ensure quality and consistency within the statewide program.  
        Grants shall be awarded to help ensure full-time employment to 
        workers providing swab team services and shall be awarded for a 
        two-year period. 
           Grants awarded under this section must be made in 
        consultation with the commissioners of the department of health 
        and the housing finance agency, and representatives of 
        neighborhood groups from areas at high risk for toxic lead 
        exposure, a labor organization, the lead coalition, community 
        action agencies, and the legal aid society.  The consulting team 
        shall review grant applications and recommend awards to eligible 
        organizations that meet requirements for receiving a grant under 
        this section. 
           Sec. 3.  Minnesota Statutes 1994, section 268.92, 
        subdivision 3, is amended to read: 
           Subd. 3.  [APPLICANTS.] (a) Interested eligible 
        organizations may apply to the commissioner for grants under 
        this section.  Two or more eligible organizations may jointly 
        apply for a grant.  Priority shall be given to community action 
        agencies in greater Minnesota and to either community action 
        agencies or neighborhood based nonprofit organizations in cities 
        of the first class.  3.75 percent of the total allocation may be 
        used for administrative costs.  Of the total annual 
        appropriation, 12.5 percent may be used for administrative 
        purposes.  The commissioner may deviate from this percentage if 
        a grantee can justify the need for a larger administrative 
        allowance.  Of this amount, up to five percent may be used by 
        the commissioner for state administrative purposes.  
        Applications must provide information requested by the 
        commissioner, including at least the information required to 
        assess the factors listed in paragraph (d).  
           (b) The commissioner of economic security shall coordinate 
        with the commissioner of health and local who shall consult with 
        boards of health to provide swab team services for purposes of 
        secondary prevention.  The priority for swab teams created by 
        grants to eligible organizations under this section shall be 
        work assigned by the commissioner of health, or by a board of 
        health if so designated by the commissioner of health, to 
        provide secondary prevention swab team services to fulfill the 
        requirements of section 144.9504, subdivision 6, in response to 
        a lead order.  Swab teams, administered assigned work under this 
        section by the commissioner of economic security, that are not 
        engaged daily in fulfilling the requirements of section 144.872, 
        subdivision 5 144.9504, subdivision 6, must deliver swab team 
        services in response to elevated blood lead levels as defined in 
        section 144.9501, subdivision 9, where lead orders were not 
        issued, and for purposes of primary prevention in census tracts 
        known to be in areas at high risk for toxic lead exposure as 
        described in section 144.9503, subdivision 2. 
           (c) Any additional money shall be used for grants shall be 
        made to establish swab teams for primary prevention, without 
        environmental lead testing under section 144.9503, in census 
        tracts in areas at high risk for toxic lead exposure as 
        determined under section 144.9503, subdivision 2.  
           (d) In evaluating grant applications, the commissioner 
        shall consider the following criteria: 
           (1) the use of licensed lead contractors and certified lead 
        abatement workers for residential lead abatement swab team 
        services; 
           (2) the participation of neighborhood groups and 
        individuals, as swab team members workers, in areas at high risk 
        for toxic lead exposure; 
           (3) plans for the provision of swab team services for 
        primary and secondary prevention through swab team services in 
        areas at high risk for toxic lead exposure on a census tract 
        basis without environmental lead testing as required under 
        subdivision 4; 
           (4) plans for supervision, training, career development, 
        and postprogram placement of swab team members; 
           (5) plans for resident and property owner education on lead 
        safety; 
           (6) plans for distributing cleaning supplies to area 
        residents and educating residents and property owners on 
        cleaning techniques; 
           (7) sources of other funding and cost estimates for 
        training, lead inspections, swab team services, equipment, 
        monitoring, testing, and administration; 
           (8) measures of program effectiveness; and 
           (9) coordination of program activities with other federal, 
        state, and local public health, job training, apprenticeship, 
        and housing renovation programs including the emergency jobs 
        program under sections 268.672 to 268.881.; and 
           (10) prior experience in providing swab team services. 
           Sec. 4.  Minnesota Statutes 1994, section 268.92, 
        subdivision 4, is amended to read: 
           Subd. 4.  [LEAD ABATEMENT CONTRACTORS.] (a) Eligible 
        organizations and licensed lead abatement contractors may 
        participate in the lead abatement swab team program.  An 
        eligible organization receiving a grant under this section must 
        assure that all participating lead contractors are licensed and 
        that all swab team, and removal and replacement 
        employees workers are certified by the department of health 
        under section 144.878, subdivision 5 144.9505.  Eligible 
        organizations and licensed lead contractors may distinguish 
        between interior and exterior services in assigning duties and 
        may participate in the program by: 
           (1) providing on-the-job training for swab teams team 
        workers; 
           (2) providing swab team services to meet the requirements 
        of section 144.872 sections 144.9503, subdivision 4, and 
        144.9504, subdivision 6; 
           (3) providing a removal and replacement abatement component 
        using skilled craft workers under subdivision 7; 
           (4) providing primary prevention, without environmental 
        lead testing, in census tracts at high risk for toxic lead 
        exposure according to subdivision 7a; 
           (5) providing lead dust cleaning supplies, as described in 
        section 144.872, subdivision 4 144.9503, subdivision 5, 
        paragraph (b), to residents; or 
           (6) instructing having a swab team worker instruct 
        residents and property owners on appropriate lead control 
        techniques, including the lead-safe directives developed by the 
        commissioner of health.  
           (b) Participating licensed lead contractors must: 
           (1) demonstrate proof of workers' compensation and general 
        liability insurance coverage; 
           (2) be knowledgeable about lead abatement requirements 
        established by the Department of Housing and Urban Development 
        and the Occupational Safety and Health Administration and lead 
        hazard reduction requirements and lead-safe directives of the 
        commissioner of health; 
           (3) demonstrate experience with on-the-job training 
        programs; 
           (4) demonstrate an ability to recruit employees from areas 
        at high risk for toxic lead exposure; and 
           (5) demonstrate experience in working with low-income 
        clients. 
           Sec. 5.  Minnesota Statutes 1994, section 268.92, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LEAD ABATEMENT EMPLOYEES SWAB TEAM WORKERS.] 
        Each worker engaged in swab team services or removal and 
        replacement abatement in programs established under this section 
        must have blood lead concentrations below 15 micrograms of lead 
        per deciliter of whole blood as determined by a baseline blood 
        lead screening.  Any organization receiving a grant under this 
        section is responsible for lead screening and must assure that 
        all swab team workers in lead abatement programs, receiving 
        grant funds under this section, meet the standards established 
        in this subdivision.  Grantees must use appropriate workplace 
        procedures including following the lead-safe directives 
        developed by the commissioner of health to reduce risk of 
        elevated blood lead levels.  Grantees and participating 
        contractors must report all employee blood lead levels that 
        exceed 15 micrograms of lead per deciliter of whole blood to the 
        commissioner of health.  
           Sec. 6.  Minnesota Statutes 1994, section 268.92, 
        subdivision 6, is amended to read: 
           Subd. 6.  [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 
        established under this section must provide on-the-job training 
        for swab teams team workers.  Training methods must follow 
        procedures established under section 144.878, subdivision 5 
        144.9506.  
           (b) Swab team members workers must receive monetary 
        compensation equal to the prevailing wage as defined in section 
        177.42, subdivision 6, for comparable jobs in the licensed 
        contractor's principal business. 
           Sec. 7.  Minnesota Statutes 1994, section 268.92, 
        subdivision 7, is amended to read: 
           Subd. 7.  [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within 
        the limits of the available appropriation and if a need is 
        identified by a lead inspector, programs may be established if a 
        need is identified the commissioner may establish a component 
        for removal and replacement abatement of deteriorated paint in 
        residential properties. according to the following criteria: 
           (1) components within a residence must have both 
        deteriorated lead-based paint and substrate damage beyond repair 
        or rotting wooden framework to be eligible for removal and 
        replacement; 
           (2) all removal and replacement abatement must be done 
        using least-cost methods that meet the standards of section 
        144.878, subdivision 2. and following lead-safe directives; 
           (3) whenever windows and doors or other components covered 
        with deteriorated lead-based paint have sound substrate or are 
        not rotting, those components should be repaired, sent out for 
        stripping or be planed down to remove deteriorated lead-based 
        paint or covered with protective guards instead of being 
        replaced, provided that such an activity is the least cost 
        method of providing the swab team service; 
           (4) removal and replacement abatement or repair must be 
        done by licensed lead abatement contractors. using skilled craft 
        workers or trained swab team members; and 
           (5) all craft work that requires a state license must be 
        supervised by a person with a state license in the craft work 
        being supervised.  The grant recipient may contract for this 
        supervision. 
           (b) The program design must: 
           (1) identify the need for trained on the job training of 
        swab team workers and to be removal and replacement abatement 
        workers and; 
           (2) describe plans to involve appropriate groups in 
        designing methods to meet the need for trained lead abatement 
        training swab team workers; and. 
           (3) include an examination of how program participants may 
        achieve certification as a part of the work experience and 
        training component.  Certification may be achieved through 
        licensing, apprenticeship, or other education programs. 
           Sec. 8.  Minnesota Statutes 1994, section 268.92, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [TESTING AND EVALUATION.] (a) Testing of the 
        environment is not necessary by swab teams whose work is 
        assigned by the commissioner of health or a designated board of 
        health under section 144.9504.  The commissioner of health or 
        designated board of health shall share the analytical testing 
        data collected on each residence for purposes of secondary 
        prevention under section 144.9504 with the swab team workers in 
        order to provide constructive feedback on their work and to the 
        commissioner for the purposes set forth in paragraph (c). 
           (b) For purposes of primary prevention evaluation, the 
        following samples must be collected:  pretesting and posttesting 
        of one noncarpeted floor dust lead sample and a notation of the 
        extent and location of bare soil and of deteriorated lead-based 
        paint.  The analytical testing data collected on each residence 
        for purposes of primary prevention under section 144.9503, shall 
        be shared with the swab team workers in order to provide 
        constructive feedback on their work and to the commissioner for 
        the purposes set forth in paragraph (c). 
           (c) The commissioner of health shall establish a program in 
        cooperation with the commissioner to collect appropriate data as 
        required under paragraphs (a) and (b), in order to conduct an 
        ongoing evaluation of swab team services for primary and 
        secondary prevention.  Within the limits of available 
        appropriations, the commissioner of health shall conduct or 
        contract with the commissioner, on up to 1,000 residences which 
        have received primary or secondary prevention swab team 
        services, a postremediation evaluation, on at least a quarterly 
        basis for a period of at least two years for each residence.  
        The evaluation must note the condition of the paint within the 
        residence, the extent of bare soil on the grounds, and collect 
        and analyze one noncarpeted floor dust lead sample.  The data 
        collected shall be evaluated to determine the efficacy of 
        providing swab team services as a method of reducing lead 
        exposure in young children.  In evaluating this data, the 
        commissioner of health shall consider city size, community 
        location, historic traffic flow, soil lead level of the property 
        by area or census tract, distance to industrial point sources 
        that emit lead, season of the year, age of the housing, age, and 
        number of children living at the residence, the presence of pets 
        that move in and out of the residence, and other relevant 
        factors as the commissioner of health may determine.  This 
        evaluation of the swab team program may be paid from amounts 
        appropriated to the department of economic security for 
        providing swab team services. 
           Sec. 9.  Minnesota Statutes 1994, section 268.92, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PROGRAM BENEFITS.] As a condition of 
        providing lead abatement swab team services under this section, 
        an organization may require a property owner to not increase 
        rents on a property solely as a result of a substantial 
        improvement made with public funds under the programs in this 
        section. 
           Sec. 10.  Minnesota Statutes 1994, section 268.92, 
        subdivision 10, is amended to read: 
           Subd. 10.  [REPORT.] Beginning in the year in which an 
        appropriation is received, the commissioner shall prepare and 
        submit a lead abatement swab team program report to the 
        legislature and the governor by December 31, and every two years 
        thereafter.  At a minimum, the report must describe the programs 
        organizations that received grants under this section, the cost, 
        nature, and extent of swab team services provided by each 
        grantee, an evaluation of the efficacy of providing swab team 
        services under subdivision 7a, and make recommendations for 
        program changes.  
           Sec. 11.  Minnesota Statutes 1994, section 462A.05, 
        subdivision 15c, is amended to read: 
           Subd. 15c.  [RESIDENTIAL LEAD ABATEMENT.] (a) It may make 
        or purchase loans or grants for the abatement of hazardous 
        levels of lead paint in residential buildings and lead 
        contaminated soil on the property of residential buildings 
        occupied by low- and moderate-income persons.  Hazardous levels 
        are as determined by the department of health or the pollution 
        control agency.  The agency must establish grant criteria for a 
        residential lead paint and lead contaminated soil abatement 
        program, including the terms of loans and grants under this 
        section, a maximum amount for loans or grants, eligible owners 
        borrowers or grantees, eligible contractors, and eligible 
        buildings.  The agency may make grants to cities, local units of 
        government, registered lead abatement contractors, and nonprofit 
        organizations for the purpose of administering a residential 
        lead paint and contaminated lead soil abatement program.  No 
        loan or grant may be made for lead paint abatement for a 
        multifamily building which contains substantial housing 
        maintenance code violations unless the violations are being 
        corrected in conjunction with receipt of the loan or grant under 
        this section.  The agency must establish standards for the 
        relocation of families where necessary and the payment of 
        relocation expenses.  To the extent possible, the agency must 
        coordinate loans and grants under this section with existing 
        housing programs. 
           The agency, in consultation with the department of health, 
        shall report to the legislature by January 1993 1996 on the 
        costs and benefits of subsidized lead abatement and the extent 
        of the childhood lead exposure problem.  The agency shall review 
        the effectiveness of its existing loan and grant programs in 
        providing funds for residential lead abatement and report to the 
        legislature with examples, case studies and recommendations. 
           (b) The agency may also make grants to eligible 
        organizations, as defined in section 268.92, subdivision 1, for 
        the purposes of section 268.92. 
           Sec. 12.  [REPEALER.] 
           Minnesota Statutes 1994, section 115C.082, subdivision 2, 
        is repealed. 
           Presented to the governor May 22, 1995 
           Signed by the governor May 25, 1995, 8:42 a.m.