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Minnesota Legislature

Office of the Revisor of Statutes

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

                            CHAPTER 273-S.F.No. 2477 
                  An act relating to state government; codifying 
                  reorganization order number 179 with respect to the 
                  departments of children, families, and learning and 
                  economic security; amending Minnesota Statutes 1996, 
                  sections 13.99, subdivision 81; 216B.241, subdivision 
                  2a; 239.785, subdivision 6; and 462A.05, subdivision 
                  15c; Minnesota Statutes 1997 Supplement, sections 
                  119A.15, subdivision 5a; and 268.19; proposing coding 
                  for new law in Minnesota Statutes, chapter 119A; 
                  repealing Minnesota Statutes 1996, sections 4.071, 
                  subdivision 3; 268.37; 268.371; 268.38, subdivisions 
                  1, 2, 3, 4, 5, 6, 8, 9, and 12; 268.55; and 268.92; 
                  Minnesota Statutes 1997 Supplement, sections 268.38, 
                  subdivision 7; and 268.917. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
           Section 1.  Minnesota Statutes 1996, section 13.99, 
        subdivision 81, is amended to read: 
           Subd. 81.  [TRANSITIONAL HOUSING DATA.] Certain data 
        collected, used, or maintained by the recipient of a grant to 
        provide transitional housing are classified under section 268.38 
        119A.43, subdivision 9. 
           Sec. 2.  Minnesota Statutes 1997 Supplement, section 
        119A.15, subdivision 5a, is amended to read: 
           Subd. 5a.  [EXCLUDED PROGRAMS.] Programs transferred to the 
        department of children, families, and learning from the 
        department of economic security may not be included in the 
        consolidated funding account and are ineligible for local 
        consolidation.  The commissioner may not apply for federal 
        waivers to include these programs in funding consolidation 
        initiatives.  The programs include the following: 
           (1) programs for the homeless under sections 268.365, 
        268.38, and 268.39 119A.43; 
           (2) emergency energy assistance and energy conservation 
        programs under sections 4.071 119A.40 and 268.371 119A.42; 
           (3) weatherization programs under section 268.37 119A.41; 
           (4) foodshelf programs under section 268.55 119A.44 and the 
        emergency food assistance program; and 
           (5) lead abatement programs under section 268.92 119A.45. 
           Sec. 3.  [119A.40] [OIL OVERCHARGE MONEY FOR ENERGY 
        CONSERVATION.] 
           The oil overcharge money that is not otherwise appropriated 
        by law or dedicated by court order is appropriated to the 
        commissioner for energy conservation projects that directly 
        serve low-income Minnesotans.  This appropriation is available 
        until spent. 
           Sec. 4.  [119A.41] [COORDINATION OF FEDERAL AND STATE 
        RESIDENTIAL WEATHERIZATION PROGRAMS.] 
           Subdivision 1.  [AGENCY DESIGNATION.] The department is the 
        state agency to apply for, receive, and disburse money made 
        available to the state by federal law for the purpose of 
        weatherizing the residences of low-income persons.  The 
        commissioner must coordinate available federal money with state 
        money appropriated for this purpose. 
           Subd. 2.  [GRANTS.] The commissioner must make grants of 
        federal and state money to community action agencies and other 
        public or private nonprofit agencies for the purpose of 
        weatherizing the residences of low-income persons.  Grant 
        applications must be submitted in accordance with rules 
        promulgated by the commissioner. 
           Subd. 3.  [BENEFITS OF WEATHERIZATION.] In the case of any 
        grant made to an owner of a rental dwelling unit for 
        weatherization, the commissioner must require that (1) the 
        benefits of weatherization assistance in connection with the 
        dwelling unit accrue primarily to the low-income family that 
        resides in the unit; (2) the rents on the dwelling unit will not 
        be raised because of any increase in value due solely to the 
        weatherization assistance; and (3) no undue or excessive 
        enhancement will occur to the value of the dwelling unit. 
           Subd. 4.  [RULES.] The commissioner must promulgate rules 
        that describe procedures for the administration of grants, data 
        to be reported by grant recipients, and compliance with relevant 
        federal regulations.  The commissioner must require that a 
        rental unit weatherized under this section be rented to a 
        household meeting the income limits of the program for 24 of the 
        36 months after weatherization is complete.  In applying this 
        restriction to multiunit buildings weatherized under this 
        section, the commissioner must require that occupancy continue 
        to reflect the proportion of eligible households in the building 
        at the time of weatherization.  
           Subd. 5.  [GRANT ALLOCATION.] The commissioner must 
        distribute supplementary state grants in a manner consistent 
        with the goal of producing the maximum number of weatherized 
        units.  Supplementary state grants are provided primarily for 
        the payment of additional labor costs for the federal 
        weatherization program, and as an incentive for the increased 
        production of weatherized units. 
           Criteria for the allocation of state grants to local 
        agencies include existing local agency production levels, 
        emergency needs, and the potential for maintaining or increasing 
        acceptable levels of production in the area.  
           An eligible local agency may receive advance funding for 90 
        days' production, but thereafter must receive grants solely on 
        the basis of program criteria.  
           Subd. 6.  [ELIGIBILITY CRITERIA.] To the extent allowed by 
        federal regulations, the commissioner must ensure that the same 
        income eligibility criteria apply to both the weatherization 
        program and the energy assistance program. 
           Sec. 5.  [119A.42] [EMERGENCY ENERGY ASSISTANCE; FUEL 
        FUNDS.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Energy provider" means a person who provides heating 
        fuel, including natural gas, electricity, fuel oil, propane, 
        wood, or other form of heating fuel, to residences at retail. 
           (c) "Fuel fund" means a fund established by an energy 
        provider, the state, or any other entity that collects and 
        distributes money for low-income emergency energy assistance and 
        meets the minimum criteria, including income eligibility 
        criteria, for receiving money from the federal Low-Income Home 
        Energy Assistance Program and the program's Incentive Fund for 
        Leveraging Non-Federal Resources. 
           Subd. 2.  [ENERGY PROVIDERS; REQUIREMENT.] Each energy 
        provider may solicit contributions from its energy customers for 
        deposit in a fuel fund established by the energy provider, a 
        fuel fund established by another energy provider or other 
        entity, or the statewide fuel account established in subdivision 
        3, for the purpose of providing emergency energy assistance to 
        low-income households that qualify under the federal eligibility 
        criteria of the federal Low-Income Home Energy Assistance 
        Program.  Solicitation of contributions from customers may be 
        made at least annually and may provide each customer an 
        opportunity to contribute as part of payment of bills for 
        provision of service or provide an alternate, convenient way for 
        customers to contribute. 
           Subd. 3.  [STATEWIDE FUEL ACCOUNT; APPROPRIATION.] The 
        commissioner must establish a statewide fuel account.  The 
        commissioner may develop and implement a program to solicit 
        contributions, manage the receipts, and distribute emergency 
        energy assistance to low-income households, as defined in the 
        federal Low-Income Home Energy Assistance Program, on a 
        statewide basis.  All money remitted to the commissioner for 
        deposit in the statewide fuel account is appropriated to the 
        commissioner for the purpose of developing and implementing the 
        program.  No more than ten percent of the money received in the 
        first two years of the program may be used for the 
        administrative expenses of the commissioner to implement the 
        program and no more than five percent of the money received in 
        any subsequent year may be used for administration of the 
        program. 
           Subd. 4.  [EMERGENCY ENERGY ASSISTANCE ADVISORY COUNCIL.] 
        The commissioner must appoint an advisory council to advise the 
        commissioner on implementation of this section.  At least 
        one-third of the advisory council must be composed of persons 
        from households that are eligible for emergency energy 
        assistance under the federal Low-Income Home Energy Assistance 
        Program.  The remaining two-thirds of the advisory council must 
        be composed of persons representing energy providers, customers, 
        local energy assistance providers, existing fuel fund delivery 
        agencies, and community action agencies.  Members of the 
        advisory council may receive expenses, but no other 
        compensation, as provided in section 15.059, subdivision 3.  
        Appointment and removal of members is governed by section 15.059.
           Sec. 6.  [119A.425] [DATA PRIVACY; ENERGY PROGRAMS.] 
           Data on individuals collected, maintained, or created 
        because an individual applies for benefits or services provided 
        by the energy assistance and weatherization programs is private 
        data on individuals and must not be disseminated except pursuant 
        to section 13.05, subdivisions 3 and 4.  
           Sec. 7.  [119A.43] [TRANSITIONAL HOUSING PROGRAMS.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in this 
        subdivision apply to this section. 
           (b) "Transitional housing" means housing designed for 
        independent living and provided to a homeless person or family 
        at a rental rate of at least 25 percent of the family income for 
        a period of up to 24 months.  If a transitional housing program 
        is associated with a licensed facility or shelter, it must be 
        located in a separate facility or a specified section of the 
        main facility where residents can be responsible for their own 
        meals and other daily needs.  
           (c) "Support services" means an assessment service that 
        identifies the needs of individuals for independent living and 
        arranges or provides for the appropriate educational, social, 
        legal, advocacy, child care, employment, financial, health care, 
        or information and referral services to meet these needs.  
           Subd. 2.  [ESTABLISHMENT AND ADMINISTRATION.] A 
        transitional housing program is established to be administered 
        by the commissioner.  The commissioner may make grants to 
        eligible recipients or enter into agreements with community 
        action agencies or other public or private nonprofit agencies to 
        make grants to eligible recipients to initiate, maintain, or 
        expand programs to provide transitional housing and support 
        services for persons in need of transitional housing, which may 
        include up to six months of follow-up support services for 
        persons who complete transitional housing as they stabilize in 
        permanent housing.  The commissioner must ensure that money 
        appropriated to implement this section is distributed as soon as 
        practicable.  The commissioner may make grants directly to 
        eligible recipients. 
           Subd. 3.  [ELIGIBLE RECIPIENTS.] A housing and 
        redevelopment authority established under section 469.003 or a 
        community action agency recognized under section 268.53 is 
        eligible for assistance under the program.  In addition, a 
        partnership, joint venture, corporation, or association that 
        meets the following requirements is also eligible:  
           (1) it is established for a purpose not involving pecuniary 
        gain to its members, partners, or shareholders; 
           (2) it does not pay dividends or other pecuniary 
        remuneration, directly or indirectly, to its members, partners, 
        or shareholders; and 
           (3) in the case of a private, nonprofit corporation, it is 
        established under and in compliance with chapter 317A.  
           Subd. 4.  [APPLICATIONS.] An eligible recipient may apply 
        to the commissioner, or to a nonprofit agency designated by the 
        commissioner, for a grant to initiate, maintain, or expand a 
        program providing transitional housing and support services for 
        persons in need of transitional housing.  The application must 
        include:  
           (1) a proposal for the provision of transitional housing 
        and support services, including program objectives, availability 
        of adequate funding, appropriateness of the proposed program for 
        the population to be served, and how the program will help 
        individuals to move into permanent housing; 
           (2) a proposed budget; 
           (3) a plan for collection of required data and the method 
        to be used for program evaluation; and 
           (4) evidence of the participation in the development of the 
        application of any agency or governmental body that will provide 
        essential services or assistance to the program. 
           Subd. 5.  [CRITERIA FOR GRANT AWARDS.] Criteria for the 
        award of grants must include:  
           (1) evidence that the application meets all program 
        requirements; 
           (2) evidence of the need of the applicant for state 
        assistance and of the need for the particular program; 
           (3) indication of long-range plans for future funding if 
        the need continues to exist for the service; and 
           (4) assurance that grants are awarded to as wide a variety 
        of programs as possible, with emphasis on programs that 
        concentrate on long-term solutions to individual housing 
        problems.  
           Subd. 6.  [PROGRAMS DESIGNATED.] At least two programs 
        funded must be located in the seven-county metropolitan area and 
        at least one program must be located outside of the metropolitan 
        area.  The commissioner may fund programs designed primarily to 
        serve families with children, single persons, and persons 
        leaving a shelter for family abuse. 
           Subd. 7.  [FUNDING COORDINATION.] Grant recipients must 
        combine funds awarded under this section with other funds from 
        public and private sources.  
           Subd. 8.  [PROGRAM INFORMATION.] In order to collect 
        uniform data to better measure the nature and extent of the need 
        for transitional housing, grant recipients must collect and make 
        available to the commissioner the following information:  
           (1) the number of requests received for transitional 
        housing, including the number of persons requiring assistance; 
           (2) the number of persons for whom services are provided, 
        listed by age; 
           (3) reasons for seeking assistance; 
           (4) length of stay; 
           (5) reasons for leaving the housing program; 
           (6) demand for support services; 
           (7) follow-up information on status of persons assisted, 
        including source of income and whether living independently, 
        employed, or in treatment, unless the information is not 
        available; and 
           (8) source of income on entering the program, prior 
        residence, race, and sex of persons assisted. 
           Subd. 9.  [PRIVATE DATA.] Personal history information and 
        other information collected, used, or maintained by a grant 
        recipient from which the identity of any individual receiving 
        services may be determined is private data on individuals, as 
        defined in section 13.02, subdivision 12, and the grant 
        recipient must maintain the data in accordance with the 
        provisions of chapter 13.  
           Subd. 10.  [LICENSING REQUIREMENTS NOT APPLICABLE.] The 
        requirements of sections 245A.01 to 245A.16 do not apply to 
        transitional housing and support services funded under this 
        section unless the commissioner of human services determines 
        that the program is primarily a residential program within the 
        meaning of section 245A.02, subdivision 14.  
           Sec. 8.  [119A.44] [FOODSHELF.] 
           Subdivision 1.  [DISTRIBUTION OF APPROPRIATION.] The 
        commissioner must distribute funds appropriated to the 
        commissioner by law for that purpose to the Minnesota Foodshelf 
        Association, a statewide association of foodshelves organized as 
        a nonprofit corporation as defined under section 501(c)(3) of 
        the Internal Revenue Code of 1986, to distribute to qualifying 
        foodshelves.  A foodshelf qualifies under this section if:  
           (1) it is a nonprofit corporation, or is affiliated with a 
        nonprofit corporation, as defined in section 501(c)(3) of the 
        Internal Revenue Code of 1986; 
           (2) it distributes standard food orders without charge to 
        needy individuals.  The standard food order must consist of at 
        least a two-day supply or six pounds per person of nutritionally 
        balanced food items; 
           (3) it does not limit food distributions to individuals of 
        a particular religious affiliation, race, or other criteria 
        unrelated to need or to requirements necessary to administration 
        of a fair and orderly distribution system; 
           (4) it does not use the money received or the food 
        distribution program to foster or advance religious or political 
        views; and 
           (5) it has a stable address and directly serves individuals.
           Subd. 2.  [APPLICATION.] In order to receive money 
        appropriated under this section, the Minnesota Foodshelf 
        Association must apply to the commissioner.  The application 
        must be in a form prescribed by the commissioner and must 
        indicate the proportion of money each qualifying foodshelf shall 
        receive.  Applications must be filed at the times and for the 
        periods determined by the commissioner.  
           Subd. 3.  [DISTRIBUTION FORMULA.] The Minnesota Foodshelf 
        Association must distribute money distributed to it by the 
        department to foodshelf programs in proportion to the number of 
        individuals served by each foodshelf program.  The commissioner 
        must gather data from the Minnesota Foodshelf Association or 
        other appropriate sources to determine the proportionate amount 
        each qualifying foodshelf program is entitled to receive.  The 
        commissioner may increase or decrease the qualifying foodshelf 
        program's proportionate amount if the commissioner determines 
        the increase or decrease is necessary or appropriate to meet 
        changing needs or demands. 
           Subd. 4.  [USE OF MONEY.] At least 96 percent of the money 
        distributed to the Minnesota Foodshelf Association under this 
        section must be distributed to foodshelf programs to purchase, 
        transport and coordinate the distribution of nutritious food to 
        needy individuals and families.  No more than four percent of 
        the money may be expended for other expenses, such as rent, 
        salaries, and other administrative expenses of the Minnesota 
        Foodshelf Association. 
           Subd. 5.  [ENFORCEMENT.] The Minnesota Foodshelf 
        Association must retain records documenting expenditure of the 
        money and comply with any additional requirements imposed by the 
        commissioner.  The commissioner may require the Minnesota 
        Foodshelf Association to report on its use of the funds.  The 
        commissioner may require that the report contain an independent 
        audit.  If ineligible expenditures are made by the Minnesota 
        Foodshelf Association, the ineligible amount must be repaid to 
        the commissioner and deposited in the general fund. 
           Subd. 6.  [ADMINISTRATIVE EXPENSES.] All funds appropriated 
        under this section must be distributed to the Minnesota 
        Foodshelf Association as provided under this section with 
        deduction by the commissioner for administrative expenses 
        limited to 1.8 percent. 
           Sec. 9.  [119A.45] [EARLY CHILDHOOD LEARNING AND CHILD 
        PROTECTION FACILITIES.] 
           The commissioner may make grants to state agencies and 
        political subdivisions to construct or rehabilitate facilities 
        for Head Start, early childhood and family education programs, 
        other early childhood intervention programs, or demonstration 
        family service centers housing multiagency collaboratives, with 
        priority to centers in counties or municipalities with the 
        highest number of children living in poverty.  The commissioner 
        may also make grants to state agencies and political 
        subdivisions to construct or rehabilitate facilities for crisis 
        nurseries or child visitation centers.  The facilities must be 
        owned by the state or a political subdivision, but may be leased 
        under section 16A.695 to organizations that operate the 
        programs.  The commissioner must prescribe the terms and 
        conditions of the leases.  A grant for an individual facility 
        must not exceed $200,000 for each program that is housed in the 
        facility, up to a maximum of $500,000 for a facility that houses 
        three programs or more.  The commissioner must give priority to 
        grants that involve collaboration among sponsors of programs 
        under this section.  At least 25 percent of the amounts 
        appropriated for these grants must be used in conjunction with 
        the youth employment and training programs operated by the 
        commissioner of economic security.  Eligible programs must 
        consult with appropriate labor organizations to deliver 
        education and training. 
           Sec. 10.  [119A.46] [LEAD ABATEMENT PROGRAM.] 
           Subdivision 1.  [DEFINITIONS.] (a) The definitions in 
        section 144.9501 and in this subdivision apply to this section. 
           (b) "Eligible organization" means a lead contractor, city, 
        board of health, community health department, community action 
        agency as defined in section 268.52, or community development 
        corporation. 
           (c) "Commissioner" means the commissioner of children, 
        families, and learning, or the commissioner of the Minnesota 
        housing finance agency as authorized by section 462A.05, 
        subdivision 15c. 
           Subd. 2.  [GRANTS; ADMINISTRATION.] Within the limits of 
        the available appropriation, the commissioner must develop a 
        swab team services program which may make demonstration and 
        training grants to eligible organizations to train workers to 
        provide swab team services and 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 must be awarded to help ensure full-time employment to 
        workers providing swab team services and must 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 
        must review grant applications and recommend awards to eligible 
        organizations that meet requirements for receiving a grant under 
        this section. 
           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.  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 must coordinate with the commissioner 
        of health who must 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 must 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 assigned work under this section by the commissioner, that 
        are not engaged daily in fulfilling the requirements of section 
        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 must be used for grants to 
        establish swab teams for primary prevention 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 must 
        consider the following criteria: 
           (1) the use of lead contractors and lead workers for 
        residential swab team services; 
           (2) the participation of neighborhood groups and 
        individuals, as swab team workers, in areas at high risk for 
        toxic lead exposure; 
           (3) plans for the provision of swab team services for 
        primary and secondary prevention 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; 
           (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. 
           Subd. 4.  [LEAD CONTRACTORS.] (a) Eligible organizations 
        and lead contractors may participate in the 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 workers are certified by the department 
        of health under section 144.9505.  Eligible organizations and 
        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 team workers; 
           (2) providing swab team services to meet the requirements 
        of sections 144.9503, subdivision 4, and 144.9504, subdivision 
        6; 
           (3) providing a removal and replacement component using 
        skilled craft workers under subdivision 7; 
           (4) providing lead testing according to subdivision 8; 
           (5) providing lead dust cleaning supplies, as described in 
        section 144.9503, subdivision 5, paragraph (b), to residents; or 
           (6) 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 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. 
           Subd. 5.  [SWAB TEAM WORKERS.] Each worker engaged in swab 
        team services 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 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.  
           Subd. 6.  [ON-THE-JOB TRAINING COMPONENT.] (a) Programs 
        established under this section must provide on-the-job training 
        for swab team workers.  Training methods must follow procedures 
        established under section 144.9506.  
           (b) Swab team 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. 
           Subd. 7.  [REMOVAL AND REPLACEMENT COMPONENT.] (a) Within 
        the limits of the available appropriation and if a need is 
        identified by a lead inspector, the commissioner may establish a 
        component for removal and replacement 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 must be done using 
        least-cost methods 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, 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 or repair must be done by lead 
        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 on-the-job training of swab team 
        workers to be removal and replacement workers; and 
           (2) describe plans to involve appropriate groups in 
        designing methods to meet the need for training swab team 
        workers. 
           Subd. 8.  [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 must 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, must 
        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 must 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 must 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 must 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 must 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. 
           Subd. 9.  [PROGRAM BENEFITS.] As a condition of providing 
        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. 
           Subd. 10.  [REQUIREMENTS OF ORGANIZATIONS RECEIVING 
        GRANTS.] An eligible organization that is awarded a training and 
        demonstration grant under this section must prepare and submit a 
        quarterly progress report to the commissioner beginning three 
        months after receipt of the grant. 
           Sec. 11.  Minnesota Statutes 1996, section 216B.241, 
        subdivision 2a, is amended to read: 
           Subd. 2a.  [ENERGY AND CONSERVATION ACCOUNT.] The 
        commissioner shall must deposit money contributed under 
        subdivisions 1a and 1b in the energy and conservation account in 
        the general fund.  Money in the account is appropriated to the 
        department for programs designed to meet the energy conservation 
        needs of low-income persons and to make energy conservation 
        improvements in areas not adequately served under subdivision 
        2.  Interest on money in the account accrues to the account.  
        Using information collected under section 216C.02, subdivision 
        1, paragraph (b), the commissioner shall must, to the extent 
        possible, allocate enough money to programs for low-income 
        persons to assure that their needs are being adequately 
        addressed.  The commissioner shall must request the commissioner 
        of finance to transfer money from the account to the 
        commissioner of economic security children, families, and 
        learning for an energy conservation program for low-income 
        persons.  In establishing programs, the commissioner shall must 
        consult political subdivisions and nonprofit and community 
        organizations, especially organizations engaged in providing 
        energy and weatherization assistance to low-income persons.  At 
        least one program must address the need for energy conservation 
        improvements in areas in which a high percentage of residents 
        use fuel oil or propane to fuel their source of home heating.  
        The commissioner may contract with a political subdivision, a 
        nonprofit or community organization, a public utility, a 
        municipality, or a cooperative electric association to implement 
        its programs.  
           Sec. 12.  Minnesota Statutes 1996, section 239.785, 
        subdivision 6, is amended to read: 
           Subd. 6.  [LIQUEFIED PETROLEUM GAS ACCOUNT.] A liquefied 
        petroleum gas account in the special revenue fund is established 
        in the state treasury.  Fees and penalties collected under this 
        section must be deposited in the state treasury and credited to 
        the liquefied petroleum gas account.  Money in that account, 
        including interest earned, is appropriated to the commissioner 
        of economic security children, families, and learning for 
        programs to improve the energy efficiency of residential 
        liquefied petroleum gas heating equipment in low-income 
        households, and, when necessary, to provide weatherization 
        services to the homes. 
           Sec. 13.  Minnesota Statutes 1997 Supplement, section 
        268.19, is amended to read: 
           268.19 [INFORMATION.] 
           Except as hereinafter otherwise provided, data gathered 
        from any employing unit or individual pursuant to the 
        administration of sections 268.03 to 268.23, and from any 
        determination as to the benefit rights of any individual are 
        private data on individuals or nonpublic data not on individuals 
        as defined in section 13.02, subdivisions 9 and 12, and may not 
        be disclosed except pursuant to a court order or section 13.05.  
        These data may be disseminated to and used by the following 
        agencies without the consent of the subject of the data:  
           (a) state and federal agencies specifically authorized 
        access to the data by state or federal law; 
           (b) any agency of this or any other state; or any federal 
        agency charged with the administration of an employment security 
        law or the maintenance of a system of public employment offices; 
           (c) local human rights groups within the state which have 
        enforcement powers; 
           (d) the department of revenue shall must have access to 
        department of economic security private data on individuals and 
        nonpublic data not on individuals only to the extent necessary 
        for enforcement of Minnesota tax laws; 
           (e) public and private agencies responsible for 
        administering publicly financed assistance programs for the 
        purpose of monitoring the eligibility of the program's 
        recipients; 
           (f) the department of labor and industry on an 
        interchangeable basis with the department of economic security 
        subject to the following limitations and notwithstanding any law 
        to the contrary:  
           (1) the department of economic security shall must have 
        access to private data on individuals and nonpublic data not on 
        individuals for uses consistent with the administration of its 
        duties under sections 268.03 to 268.23; and 
           (2) the department of labor and industry shall must have 
        access to private data on individuals and nonpublic data not on 
        individuals for uses consistent with the administration of its 
        duties under state law; 
           (g) the department of trade and economic development may 
        have access to private data on individual employing units and 
        nonpublic data not on individual employing units for its 
        internal use only; when received by the department of trade and 
        economic development, the data remain private data on 
        individuals or nonpublic data; 
           (h) local and state welfare agencies for monitoring the 
        eligibility of the data subject for assistance programs, or for 
        any employment or training program administered by those 
        agencies, whether alone, in combination with another welfare 
        agency, or in conjunction with the department of economic 
        security; 
           (i) local, state, and federal law enforcement agencies for 
        the sole purpose of ascertaining the last known address and 
        employment location of the data subject, provided the data 
        subject is the subject of a criminal investigation; and 
           (j) the department of health may have access to private 
        data on individuals and nonpublic data not on individuals solely 
        for the purposes of epidemiologic investigations.  
           Data on individuals and employing units which are 
        collected, maintained, or used by the department in an 
        investigation pursuant to section 268.182 are confidential as to 
        data on individuals and protected nonpublic data not on 
        individuals as defined in section 13.02, subdivisions 3 and 13, 
        and shall must not be disclosed except pursuant to statute or 
        court order or to a party named in a criminal proceeding, 
        administrative or judicial, for preparation of a defense.  
           Tape recordings and transcripts of recordings of 
        proceedings conducted in accordance with section 268.105 and 
        exhibits received into evidence at those proceedings are private 
        data on individuals and nonpublic data not on individuals and 
        shall must be disclosed only pursuant to the administration of 
        section 268.105, or pursuant to a court order.  
           Aggregate data about employers compiled from individual job 
        orders placed with the department of economic security are 
        private data on individuals and nonpublic data not on 
        individuals as defined in section 13.02, subdivisions 9 and 12, 
        if the commissioner determines that divulging the data would 
        result in disclosure of the identity of the employer.  The 
        general aptitude test battery and the nonverbal aptitude test 
        battery as administered by the department are also classified as 
        private data on individuals or nonpublic data.  
           Data on individuals collected, maintained, or created 
        because an individual applies for benefits or services provided 
        by the energy assistance and weatherization programs 
        administered by the department of economic security is private 
        data on individuals and shall not be disseminated except 
        pursuant to section 13.05, subdivisions 3 and 4.  
           Data gathered by the department pursuant to the 
        administration of sections 268.03 to 268.23 shall must not be 
        made the subject or the basis for any suit in any civil 
        proceedings, administrative or judicial, unless the action is 
        initiated by the department. 
           Sec. 14.  Minnesota Statutes 1996, 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 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 
        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.  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 must report to the legislature by January 1996 on the 
        costs and benefits of subsidized lead abatement and the extent 
        of the childhood lead exposure problem.  The agency shall must 
        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 119A.46, subdivision 
        1, for the purposes of section 268.92 119A.46. 
           Sec. 15.  [REPEALER.] 
           Minnesota Statutes 1996, sections 4.071, subdivision 3; 
        268.37; 268.371; 268.38, subdivisions 1, 2, 3, 4, 5, 6, 8, 9, 
        and 12; 268.55; and 268.92; and Minnesota Statutes 1997 
        Supplement, sections 268.38, subdivision 7; and 268.917, are 
        repealed. 
           Presented to the governor March 6, 1998 
           Signed by the governor March 9, 1998, 11:20 a.m.