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Office of the Revisor of Statutes

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

                            CHAPTER 205-S.F.No. 1464 
                  An act relating to health; modifying provisions for 
                  lead poisoning prevention; modifying provisions for 
                  pay toilets in public places; providing for certain 
                  alternative compliance methods for food, beverage, and 
                  lodging establishment inspections; repealing certain 
                  obsolete laws relating to hotel inspectors and 
                  duplication equipment; amending Minnesota Statutes 
                  2000, sections 144.9501, subdivisions 3, 4, 10, 11, 
                  17, 17a, 18, 19, 20a, 20b, 20c, 21, 22, 22a, 23, 28a, 
                  29, and by adding subdivisions; 144.9502, subdivision 
                  8; 144.9503; 144.9504, subdivisions 1, 2, 5, 7, and 8; 
                  144.9505; 144.9507, subdivision 5; 144.9508, 
                  subdivisions 1, 2, 3, 4, and 5; 144.9509, subdivisions 
                  1 and 3; 145.425; and 157.20, by adding a subdivision; 
                  repealing Minnesota Statutes 2000, sections 144.073; 
                  144.08; 144.9501, subdivision 32; 144.9502, 
                  subdivision 6; 144.9503, subdivision 6; 144.9504, 
                  subdivisions 4 and 11; 144.9505, subdivisions 2 and 5; 
                  144.9506; 144.9508, subdivision 6. 
        BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 

                                   ARTICLE 1
                           LEAD POISONING PREVENTION
           Section 1.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 3, is amended to read: 
           Subd. 3.  [ABATEMENT.] (a) "Abatement" means any set of 
        measures designed intended to permanently eliminate lead-based 
        paint known or presumed lead 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 enclosure or encapsulation of 
        lead-based paint, the replacement of lead-painted surfaces or 
        fixtures, and the removal or covering enclosure 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.  
           Sec. 2.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 4, is amended to read: 
           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 in a city of the first class or a 
        county or area within a county outside a city of the first class 
        that has been determined to be at high risk for toxic lead 
        exposure under section 144.9503.  
           Sec. 3.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 6c.  [CAPILLARY BLOOD SAMPLE.] "Capillary blood 
        sample" means a quantity of blood drawn from a capillary.  The 
        sample generally is collected by fingerstick. 
           Sec. 4.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 6d.  [CERTIFIED LEAD FIRM.] "Certified lead firm" 
        means a person that employs individuals to perform regulated 
        lead work and that is certified by the commissioner under 
        section 144.9505. 
           Sec. 5.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 7a.  [CONTRACTING ENTITY.] "Contracting entity" means 
        a public or private body, board, individual, corporation, 
        partnership, proprietorship, joint venture, fund, authority, or 
        similar entity that contracts with a person to do regulated lead 
        work. 
           Sec. 6.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 10, is amended to read: 
           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.  
           Sec. 7.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 11, is amended to read: 
           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.  
           Sec. 8.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 13a.  [INTERIM CONTROLS.] "Interim controls" means a 
        set of measures intended to temporarily reduce human exposure or 
        likely exposure to known or presumed lead hazards, including 
        specialized cleaning, repairs, maintenance, painting, temporary 
        encapsulation, or enclosure. 
           Sec. 9.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 17, is amended to read: 
           Subd. 17.  [LEAD HAZARD REDUCTION.] "Lead hazard reduction" 
        means action abatement or interim controls undertaken 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 persons hired by the property owner 
        to comply with a lead order issued under section 144.9504; 
           (2) a swab team service provided in response to a lead 
        order issued under section 144.9504; or 
           (3) a renter residing at a rental property or one or more 
        volunteers to comply with a lead order issued under section 
        144.9504.  
           Sec. 10.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 17a, is amended to read: 
           Subd. 17a.  [LEAD HAZARD SCREEN.] "Lead hazard screen" 
        means a limited risk assessment activity that involves the 
        visual identification of the existence and location of any 
        deteriorated paint, collection and analysis of dust samples, and 
        visual identification of the existence and location of, paint, 
        or bare soil and sampling and analysis of dust. 
           Sec. 11.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 17b.  [LEAD INTERIM CONTROL WORKER.] "Lead interim 
        control worker" means an individual who is trained as specified 
        by the commissioner to conduct interim control activities. 
           Sec. 12.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 18, is amended to read: 
           Subd. 18.  [LEAD INSPECTION.] "Lead inspection" means a 
        quantitative measurement of the surface by surface investigation 
        to determine the presence of lead content of paint and a visual 
        identification of the existence and location of bare soil. 
           Sec. 13.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 19, is amended to read: 
           Subd. 19.  [LEAD INSPECTOR.] "Lead inspector" means a 
        person who is licensed by the commissioner to perform a lead 
        inspection under section 144.9506 144.9505.  
           Sec. 14.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 19a.  [LEAD PROJECT DESIGN.] "Lead project design" 
        means site-specific written project specifications for a 
        regulated lead work project.  Lead project design includes 
        written technical project specifications incorporated into 
        bidding documents. 
           Sec. 15.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 20a, is amended to read: 
           Subd. 20a.  [LEAD PROJECT DESIGNER.] "Lead project 
        designer" means an individual who is responsible for planning 
        the site-specific performance of lead abatement or lead hazard 
        reduction regulated lead work and who has been licensed by the 
        commissioner under section 144.9505. 
           Sec. 16.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 20b, is amended to read: 
           Subd. 20b.  [LEAD RISK ASSESSMENT.] "Lead risk assessment" 
        means a quantitative measurement of the lead content of paint, 
        interior dust, and bare soil to determine compliance with the 
        standards established under section 144.9508 an investigation to 
        determine the existence, nature, severity, and location of lead 
        hazards. 
           Sec. 17.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 20c, is amended to read: 
           Subd. 20c.  [LEAD RISK ASSESSOR.] "Lead risk assessor" 
        means an individual who performs lead risk assessments or lead 
        inspections and who has been licensed by the commissioner under 
        section 144.9506 144.9505. 
           Sec. 18.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 21, is amended to read: 
           Subd. 21.  [LEAD-SAFE.] "Lead-safe" means a condition in 
        which: 
           (1) lead is not present; 
           (2) 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, 
           (3) if the lead concentrations in the paint or soil do 
        exceed the standards, the paint is intact and the soil is not 
        bare soil.  
           Sec. 19.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 22, is amended to read: 
           Subd. 22.  [LEAD-SAFE DIRECTIVES PRACTICES.] 
        "Lead-safe directives practices" means methods for construction, 
        renovation, remodeling, or maintenance activities that are not 
        regulated as abatement or lead hazard reduction lead work 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. 
           Sec. 20.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 22a, is amended to read: 
           Subd. 22a.  [LEAD SUPERVISOR.] "Lead supervisor" means an 
        individual who is responsible for the on-site performance of 
        lead abatement or lead hazard reduction interim controls and who 
        has been licensed by the commissioner under section 144.9505. 
           Sec. 21.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 22b.  [LEAD SAMPLING TECHNICIAN.] "Lead sampling 
        technician" means an individual who performs clearance 
        inspections for nonabatement or nonorder lead hazard reduction 
        sites, lead dust sampling in other settings, or visual 
        assessment for deteriorated paint, and who is registered with 
        the commissioner under section 144.9505. 
           Sec. 22.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 23, is amended to read: 
           Subd. 23.  [LEAD WORKER.] "Lead worker" means an individual 
        who performs lead abatement or lead hazard reduction interim 
        control work and who has been licensed by the commissioner under 
        section 144.9505.  
           Sec. 23.  Minnesota Statutes 2000, section 144.9501, is 
        amended by adding a subdivision to read: 
           Subd. 26a.  [REGULATED LEAD WORK.] (a) "Regulated lead work"
        means: 
           (1) abatement; 
           (2) interim controls; 
           (3) a clearance inspection; 
           (4) a lead hazard screen; 
           (5) a lead inspection; 
           (6) a lead risk assessment; 
           (7) lead project designer services; 
           (8) lead sampling technician services; or 
           (9) swab team services. 
           (b) Regulated lead work does not include: 
           (1) activities such as remodeling, renovation, 
        installation, rehabilitation, or landscaping activities, the 
        primary intent of which is to remodel, repair, or restore a 
        structure or dwelling, rather than to permanently eliminate lead 
        hazards, even though these activities may incidentally result in 
        a reduction in lead hazards; or 
           (2) interim control activities that are not performed as a 
        result of a lead order and that do not disturb painted surfaces 
        that total more than:  
           (i) 20 square feet (two square meters) on exterior 
        surfaces; 
           (ii) two square feet (0.2 square meters) in an interior 
        room; or 
           (iii) ten percent of the total surface area on an interior 
        or exterior type of component with a small surface area. 
           Sec. 24.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 28a, is amended to read: 
           Subd. 28a.  [STANDARD.] "Standard" means a quantitative 
        assessment of lead in any environmental media or consumer 
        product, or a work practice or method that reduces the 
        likelihood of lead exposure. 
           Sec. 25.  Minnesota Statutes 2000, section 144.9501, 
        subdivision 29, is amended to read: 
           Subd. 29.  [SWAB TEAM SERVICES.] "Swab team services" means 
        activities that provide protection from lead hazards primarily 
        through the use of interim controls, 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 repainting 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.  
           Sec. 26.  Minnesota Statutes 2000, section 144.9502, 
        subdivision 8, is amended to read: 
           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, or 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 must be a laboratory recognized by the United 
        States Environmental Protection Agency under the Toxic 
        Substances Control Act, United States Code, title 15, section 
        2685, paragraph (b).  Analysis of samples of drinking water must 
        be performed by a laboratory certified by the commissioner to 
        analyze lead in water. 
           Sec. 27.  Minnesota Statutes 2000, section 144.9503, is 
        amended to read: 
           144.9503 [PRIMARY PREVENTION.] 
           Subdivision 1.  [PRIMARY PREVENTION PROGRAM.] The 
        commissioner shall develop and maintain a primary prevention 
        program to reduce lead exposure in young children and pregnant 
        women.  A board of health serving a city of the first class 
        shall determine areas at high risk for toxic lead exposure 
        before doing primary prevention lead hazard reduction 
        activities.  The commissioner program shall develop a priority 
        list for high risk census tracts, provide primary prevention 
        lead education materials, promote primary prevention swab team 
        services in cooperation with the commissioner of economic 
        security or housing finance, provide lead cleanup equipment and 
        material grants as funding allows, monitor voluntary lead hazard 
        reduction or abatement regulated lead work, and develop and 
        maintain lead-safe directives practices in cooperation with the 
        commissioner of administration. 
           Subd. 2.  [PRIORITIES FOR PRIMARY PREVENTION.] (a) The 
        commissioner of health and boards of health serving cities of 
        the first class shall publish in the State Register a priority 
        list of census tracts determine areas 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 
           (b) A board of health serving a city of the first class 
        shall rank order census tracts by awarding points as specified 
        in this section and shall award points to each census tract on 
        which information is available paragraph.  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 (1) One point may be awarded to 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, provided the commissioner has 
        determined that the data used to award the points are 
        comprehensive and representative.  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) (2) One point shall may 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) (3) One point shall may be awarded for every 100 parts 
        per million of lead in 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 A board of health shall 
        use data from its own soil survey conducted according to rules 
        adopted under section 144.9508, except that a board of health 
        serving Minneapolis or St. Paul that has not conducted its own 
        soil survey 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 board of 
        health 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. 
           (4) A board of health may award one point to each census 
        tract for each of the following factors based on cutoff criteria 
        to be determined by the board of health: 
           (i) percent of minority population; 
           (ii) number of children less than six years of age; 
           (iii) percent of housing built before 1950; and 
           (iv) percent of population living in poverty. 
           (c) The commissioner may determine areas at high risk for 
        toxic lead exposure at the county level or within a county 
        outside a city of the first class using one or more of the 
        following criteria: 
           (1) blood lead levels greater than ten micrograms per 
        deciliter of whole blood in children under six years of age; 
           (2) percent of dilapidated or deteriorated housing; 
           (3) soil lead levels in excess of 100 parts per million; 
           (4) percent of minority population; 
           (5) percent of housing built before 1950; 
           (6) percent of children living in poverty; or 
           (7) other factors appropriate in preventing lead exposure, 
        as determined by a federal agency including the United States 
        Centers for Disease Control and Prevention, the United States 
        Environmental Protection Agency, or the United States Department 
        of Housing and Urban Development. 
           Subd. 3.  [PRIMARY PREVENTION LEAD EDUCATION STRATEGY.] The 
        commissioner of health shall develop and maintain a primary 
        prevention lead education strategy to prevent lead exposure.  
        The strategy shall specify includes:  
           (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 providing lead education materials to 
        the general public; 
           (3) the provision of providing lead education materials to 
        property owners, landlords, and tenants by swab team workers and 
        public health professionals, such as nurses, sanitarians, health 
        educators, nonprofit organizations working on lead issues, and 
        other public health professionals in areas at high risk for 
        toxic lead exposure; and 
           (4) the promotion of promoting awareness of community, 
        legal, and housing resources.  
           Subd. 4.  [SWAB TEAM SERVICES.] Primary prevention must may 
        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 lead hazard screens whenever possible and 
        must at least include lead hazard reduction for deteriorated 
        interior lead-based paint, bare soil, and dust.  
           Subd. 6.  [VOLUNTARY LEAD ABATEMENT OR LEAD HAZARD 
        REDUCTION.] The commissioner shall monitor the lead abatement or 
        lead hazard reduction methods adopted under section 144.9508 in 
        cases of voluntary lead abatement or lead hazard reduction.  All 
        persons hired to do voluntary lead abatement or lead hazard 
        reduction must be licensed by the commissioner under section 
        144.9505 or 144.9506.  Renters and volunteers performing lead 
        abatement or lead hazard reduction must be trained and licensed 
        as lead supervisors or lead workers.  If a property owner does 
        not hire a person for voluntary lead abatement or lead hazard 
        reduction, the property owner shall provide the commissioner 
        with a work plan for lead abatement or lead hazard reduction at 
        least ten working days before beginning the lead abatement or 
        lead hazard reduction.  The work plan must include the details 
        required in section 144.9505, and notice as to when lead 
        abatement or lead hazard reduction activities will begin.  
        Within the limits of appropriations, the commissioner shall 
        review work plans and shall approve or disapprove them as to 
        compliance with the requirements in section 144.9505.  No 
        penalty shall be assessed against a property owner for 
        discontinuing voluntary lead hazard reduction before completion 
        of the work plan, provided that the property owner discontinues 
        the lead hazard reduction in a manner that leaves the property 
        in a condition no more hazardous than its condition before the 
        work plan implementation. 
           Subd. 7.  [LEAD-SAFE INFORMATIONAL DIRECTIVES PRACTICES 
        INFORMATION.] (a) By July 1, 1995, and amended and updated as 
        necessary, The commissioner shall develop and maintain in 
        cooperation with the commissioner of administration provisions 
        and procedures to define lead-safe informational directives 
        practices information for residential remodeling, renovation, 
        installation, and rehabilitation activities that are not lead 
        hazard reduction, but may disrupt lead-based paint surfaces and 
        guidance documents for the regulated industry. 
           (b) 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 paragraph.  
           (c) By January 1, 1999, the commissioner, in cooperation 
        with interested and informed persons and using the meeting 
        structure and format developed in paragraph (b), shall develop 
        lead-safe informational directives on the following topics: 
           (1) maintaining floors, walls, and ceilings; 
           (2) maintaining and repairing porches; 
           (3) conducting a risk evaluation for lead; and 
           (4) prohibited practices when working with lead. 
        The commissioner shall report to the legislature by January 1, 
        1999, regarding development of the provisions required under 
        this paragraph. 
           Sec. 28.  Minnesota Statutes 2000, section 144.9504, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [JURISDICTION.] (a) A board of health 
        serving cities of the first class must conduct lead risk 
        assessments 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 risk assessments for 
        the purposes of secondary prevention, unless they certified in 
        writing to the commissioner by January 1, 1996, that they 
        desired to relinquish these duties back to the commissioner.  At 
        the discretion of the commissioner, a board of health may 
        relinquish the authority and duty to perform lead risk 
        assessments for secondary prevention by so certifying in writing 
        to the commissioner by December 31, 1999.  At the discretion of 
        the commissioner, a board of health may, upon written request to 
        the commissioner, resume these duties. 
           (b) Lead risk assessments must be conducted by a board of 
        health serving a city of the first class.  The commissioner must 
        conduct lead risk assessments in any area not including cities 
        of the first class where a board of health has relinquished to 
        the commissioner the responsibility for lead risk assessments.  
        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 risk assessments. 
           (d) The commissioner shall enforce the rules under section 
        144.9508 in cases of voluntary lead hazard reduction. 
           Sec. 29.  Minnesota Statutes 2000, section 144.9504, 
        subdivision 2, is amended to read: 
           Subd. 2.  [LEAD RISK ASSESSMENT.] (a) An assessing agency 
        shall conduct a lead risk assessment of a residence according to 
        the venous blood lead level and time frame set forth in clauses 
        (1) to (5) 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 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; 
           (4) within ten working days of a child 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; or 
           (5) within ten working days of a pregnant female in the 
        residence being identified to the agency as having a venous 
        blood lead level equal to or greater than ten micrograms of lead 
        per deciliter of whole blood.  
           (b) Within the limits of available local, state, and 
        federal appropriations, an assessing agency may also conduct a 
        lead risk assessment for children with any elevated blood lead 
        level.  
           (c) In a building with two or more dwelling units, an 
        assessing agency shall inspect assess the individual unit in 
        which the conditions of this section are met and shall also 
        inspect all common areas accessible to a child.  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 assessing agency shall also inspect the other 
        sites.  The assessing agency shall have one additional day added 
        to the time frame set forth in this subdivision to complete the 
        lead risk assessment for each additional site.  
           (d) Within the limits of appropriations, the assessing 
        agency shall identify the known addresses for the previous 12 
        months of the child or pregnant female with venous blood lead 
        levels of at least 20 micrograms per deciliter for the child or 
        at least ten micrograms per deciliter for the pregnant female; 
        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 risk assessment guide primary prevention information.  
        Within the limits of appropriations, the assessing agency may 
        perform a risk assessment and issue corrective orders in the 
        properties, if it is likely that the previous address 
        contributed to the child's or pregnant female's blood lead 
        level.  The assessing agency shall provide the notice required 
        by this subdivision without identifying the child or pregnant 
        female with the elevated blood lead level.  The assessing agency 
        is not required to obtain the consent of the child's parent or 
        guardian or the consent of the pregnant female for purposes of 
        this subdivision.  This information shall be classified as 
        private data on individuals as defined under section 13.02, 
        subdivision 12.  
           (e) The assessing agency shall conduct the lead risk 
        assessment according to rules adopted by the commissioner under 
        section 144.9508.  An assessing agency shall have lead risk 
        assessments performed by lead risk assessors licensed by the 
        commissioner according to rules adopted under section 144.9508.  
        If a property owner refuses to allow a lead risk assessment, the 
        assessing agency shall begin legal proceedings to gain entry to 
        the property and the time frame for conducting a lead risk 
        assessment set forth in this subdivision no longer applies.  A 
        lead risk assessor or assessing 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, and dust 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.  The lead content of 
        drinking water must be measured if a another probable source of 
        lead exposure is not identified by measurement of lead in paint, 
        bare soil, or dust.  Within a standard metropolitan statistical 
        area, an assessing agency may order lead hazard reduction of 
        bare soil without measuring the lead content of the bare soil if 
        the property is in a census tract in which soil sampling has 
        been performed according to rules established by the 
        commissioner and at least 25 percent of the soil samples contain 
        lead concentrations above the standard in section 144.9508. 
           (f) A lead risk assessor 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 risk assessment 
        conducted under this section.  
           (g) Each assessing 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 assessing 
        agency.  Assessing agencies must consider appeals that propose 
        lower cost methods that make the residence lead safe.  The 
        commissioner shall use the authority and appeal procedure 
        granted under sections 144.989 to 144.993. 
           (h) (g) Sections 144.9501 to 144.9509 neither authorize nor 
        prohibit an assessing agency from charging a property owner for 
        the cost of a lead risk assessment. 
           Sec. 30.  Minnesota Statutes 2000, section 144.9504, 
        subdivision 5, is amended to read: 
           Subd. 5.  [LEAD ORDERS.] (a) An assessing agency, after 
        conducting a lead risk assessment, 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 risk 
        assessments and lead orders are conducted at times when weather 
        or soil conditions do not permit the lead risk assessment or 
        lead hazard reduction, external surfaces and soil lead shall be 
        inspected assessed, and lead orders complied with, if necessary, 
        at the first opportunity that weather and soil conditions allow. 
           (b) If the paint standard under section 144.9508 is 
        violated, but the paint is intact, the assessing 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 assessing 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.  
           (c) 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.  However, a property owner who has been ordered to 
        perform lead hazard reduction may choose any method to address 
        deteriorated lead-based paint on windows, doors, or other 
        components, provided that the method is approved in rules 
        adopted under section 144.9508 and that it is appropriate to the 
        specific property.  
           (d) 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.  
           (e) The assessing 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 assessing 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.  
           Sec. 31.  Minnesota Statutes 2000, section 144.9504, 
        subdivision 7, is amended to read: 
           Subd. 7.  [RELOCATION OF RESIDENTS.] (a) Within the limits 
        of appropriations, the assessing 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 
        assessing agency is not required to pay for relocation unless 
        state or federal funding is available for this purpose.  The 
        assessing 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 
        room or dwelling after completion of the lead hazard reduction 
        process.  An assessing 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 
        assessing 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 504B.178 
        within five days of the date the tenant vacates the unit, to any 
        tenant who terminates tenancy as provided for in paragraph (b).  
           Sec. 32.  Minnesota Statutes 2000, section 144.9504, 
        subdivision 8, is amended to read: 
           Subd. 8.  [PROPERTY OWNER NOTIFICATION 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 hire a person licensed 
        by the commissioner under section 144.9505 for compliance with 
        the lead orders, the property owner shall submit a work plan 
        notice as to when regulated lead work will begin, according to 
        section 144.9505, subdivision 4, to the assessing agency within 
        30 days after receiving the orders.  The work 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.  Within the 
        limits of appropriations, the commissioner shall review plans 
        and shall approve or disapprove them as to compliance with the 
        requirements in section 144.9505, subdivision 5.  Renters and 
        volunteers performing lead abatement or lead hazard reduction 
        must be trained and licensed as lead supervisors or lead workers 
        under section 144.9505. 
           Sec. 33.  Minnesota Statutes 2000, section 144.9505, is 
        amended to read: 
           144.9505 [LICENSING OF LEAD CONTRACTORS AND CERTIFICATION 
        OF WORKERS LEAD FIRMS AND PROFESSIONALS.] 
           Subdivision 1.  [LICENSING AND CERTIFICATION; GENERALLY.] 
        (a) A person shall, before performing abatement or lead hazard 
        reduction or providing planning services for lead abatement or 
        lead hazard reduction, obtain a license from the commissioner as 
        a lead supervisor, lead worker, or lead project designer.  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.  
        License fees shall be nonrefundable and must be submitted with 
        each application in the amount of $50 for each lead supervisor, 
        lead worker, or lead inspector and $100 for each lead project 
        designer, lead risk assessor, or certified firm.  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) Persons shall not advertise or otherwise present 
        themselves as lead supervisors, lead workers, or lead 
        inspectors, lead risk assessors, lead sampling technicians, lead 
        project designers, or lead firms unless they have licenses or 
        certificates issued by or are registered with the commissioner 
        under this section.  
           (c) The fees required in this section for inspectors, risk 
        assessors, and certified lead firms are waived for state or 
        local government employees performing services for or as an 
        assessing agency. 
           (d) An individual who is the owner of property on which 
        regulated lead work is to be performed or an adult individual 
        who is related to the property owner, as defined under section 
        245A.02, subdivision 13, is exempt from the requirements to 
        obtain a license and pay a fee according to this section. 
           (e) A person that employs individuals to perform regulated 
        lead work outside of the person's property must obtain 
        certification as a certified lead firm.  An individual who 
        performs regulated lead work must be employed by a certified 
        lead firm, unless the individual is a sole proprietor and does 
        not employ any other individual who performs regulated lead 
        work, the individual is employed by a person that does not 
        perform regulated lead work outside of the person's property, or 
        the individual is employed by an assessing agency. 
           Subd. 1a.  [LEAD WORKER LICENSE.] Before an individual 
        performs regulated lead work as a worker, the individual shall 
        first obtain a license from the commissioner.  No license shall 
        be issued unless the individual shows evidence of successfully 
        completing a training course in lead hazard control.  The 
        commissioner shall specify the course of training and testing 
        requirements and shall charge a $50 fee for the license.  
        License fees are nonrefundable and must be submitted with each 
        application.  The license must be carried by the individual and 
        be readily available for review by the commissioner and other 
        public health officials charged with the health, safety, and 
        welfare of the state's citizens.  
           Subd. 1b.  [LEAD SUPERVISOR LICENSE.] Before an individual 
        performs regulated lead work as a supervisor, the individual 
        shall first obtain a license from the commissioner.  No license 
        shall be issued unless the individual shows evidence of 
        experience and successful completion of a training course in 
        lead hazard control.  The commissioner shall specify the course 
        of training, experience, and testing requirements and shall 
        charge a $50 fee for the license.  License fees are 
        nonrefundable and must be submitted with each application.  The 
        license must be carried by the individual and be readily 
        available for review by the commissioner and other public health 
        officials charged with the health, safety, and welfare of the 
        state's citizens. 
           Subd. 1c.  [LEAD INSPECTOR LICENSE.] Before an individual 
        performs lead inspection services, the individual shall first 
        obtain a license from the commissioner.  No license shall be 
        issued unless the individual shows evidence of successfully 
        completing a training course in lead inspection.  The 
        commissioner shall specify the course of training and testing 
        requirements and shall charge a $50 fee for the license.  
        License fees are nonrefundable and must be submitted with each 
        application.  The license must be carried by the individual and 
        be readily available for review by the commissioner and other 
        public health officials charged with the health, safety, and 
        welfare of the state's citizens. 
           Subd. 1d.  [LEAD RISK ASSESSOR LICENSE.] Before an 
        individual performs lead risk assessor services, the individual 
        shall first obtain a license from the commissioner.  No license 
        shall be issued unless the individual shows evidence of 
        experience and successful completion of a training course in 
        lead risk assessment.  The commissioner shall specify the course 
        of training, experience, and testing requirements and shall 
        charge a $100 fee for the license.  License fees are 
        nonrefundable and must be submitted with each application.  The 
        license must be carried by the individual and be readily 
        available for review by the commissioner and other public health 
        officials charged with the health, safety, and welfare of the 
        state's citizens. 
           Subd. 1e.  [LEAD PROJECT DESIGNER LICENSE.] Before an 
        individual performs lead project designer services, the 
        individual shall first obtain a license from the commissioner.  
        No license shall be issued unless the individual shows evidence 
        of experience and successful completion of a training course in 
        lead project design.  The commissioner shall specify the course 
        of training, experience, and testing requirements and shall 
        charge a $100 fee for the license.  License fees are 
        nonrefundable and must be submitted with each application.  The 
        license must be carried by the individual and be readily 
        available for review by the commissioner and other public health 
        officials charged with the health, safety, and welfare of the 
        state's citizens. 
           Subd. 1f.  [LEAD SAMPLING TECHNICIAN.] An individual 
        performing lead sampling technician services shall first 
        register with the commissioner.  The commissioner shall not 
        register an individual unless the individual shows evidence of 
        successfully completing a training course in lead sampling.  The 
        commissioner shall specify the course of training and testing 
        requirements.  Proof of registration must be carried by the 
        individual and be readily available for review by the 
        commissioner and other public health officials charged with the 
        health, safety, and welfare of the state's citizens. 
           Subd. 1g.  [CERTIFIED LEAD FIRM.] A person within the state 
        intending to directly perform or cause to be performed through 
        subcontracting or similar delegation any regulated lead work 
        shall first obtain certification from the commissioner.  The 
        certificate must be in writing, contain an expiration date, be 
        signed by the commissioner, and give the name and address of the 
        person to whom it is issued.  The certification fee is $100, is 
        nonrefundable, and must be submitted with each application.  The 
        certificate or a copy of the certificate must be readily 
        available at the worksite for review by the contracting entity, 
        the commissioner, and other public health officials charged with 
        the health, safety, and welfare of the state's citizens. 
           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 practices and any other 
        materials describing ways to protect the health and safety of 
        both workers employees and residents. 
           Subd. 4.  [NOTICE OF REGULATED LEAD ABATEMENT OR LEAD 
        HAZARD REDUCTION WORK.] (a) At least five working days before 
        starting work at each regulated lead abatement or lead hazard 
        reduction worksite, the person performing the regulated 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.  Within 
        the limits of appropriations, the commissioner shall review 
        plans and shall approve or disapprove them as to compliance with 
        the requirements in subdivision 5. 
           (b) This provision does not apply to swab team workers 
        performing work under an order of an assessing agency lead 
        hazard screen, lead inspection, lead risk assessment, lead 
        sampling technician, or lead project design activities. 
           Subd. 5.  [ABATEMENT OR LEAD HAZARD REDUCTION WORK PLANS.] 
        (a) A person who performs lead abatement or lead hazard 
        reduction 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 
        work plan does not replace or supersede more stringent 
        contractual agreements.  A written lead abatement or lead hazard 
        reduction work 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 work 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) The work plan 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 
        be presented to the property owner with any bid or estimate for 
        lead abatement or lead hazard reduction work. 
           (c) The person performing the lead abatement or lead hazard 
        reduction shall keep a copy of the work plan readily available 
        at the worksite for the duration of the project and present it 
        to the assessing agency on demand. 
           (d) The person performing the lead abatement or lead hazard 
        reduction shall keep a copy of the work plan on record for one 
        year after completion of the project and shall present it to the 
        assessing agency on demand. 
           (e) This provision does not apply to swab team workers 
        performing work under an order of an assessing agency or 
        providing services at no cost to a property owner with funding 
        under a state or federal grant.  
           Subd. 6.  [DUTIES OF CONTRACTING ENTITY.] A contracting 
        entity intending to have regulated lead work performed for its 
        benefit shall include in the specifications and contracts for 
        the work a requirement that the work be performed by contractors 
        and subcontractors licensed by the commissioner under sections 
        144.9501 to 144.9509 and according to rules adopted by the 
        commissioner related to regulated lead work.  No contracting 
        entity shall allow regulated lead work to be performed for its 
        benefit unless the contracting entity has seen that the person 
        has a valid license or certificate.  A contracting entity's 
        failure to comply with this subdivision does not relieve a 
        person from any responsibility under sections 144.9501 to 
        144.9509. 
           Sec. 34.  Minnesota Statutes 2000, section 144.9507, 
        subdivision 5, is amended to read: 
           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. 35.  Minnesota Statutes 2000, section 144.9508, 
        subdivision 1, is amended to read: 
           Subdivision 1.  [SAMPLING AND ANALYSIS.] The commissioner 
        shall adopt, by rule, methods for:  
           (1) lead inspections, lead hazard screens, lead risk 
        assessments, and clearance inspections; 
           (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; 
           (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; and 
           (5) sampling to determine whether at least 25 percent of 
        the soil samples collected from a census tract within a standard 
        metropolitan statistical area contain lead in concentrations 
        that exceed 100 parts per million.  
           Sec. 36.  Minnesota Statutes 2000, section 144.9508, 
        subdivision 2, is amended to read:  
           Subd. 2.  [REGULATED LEAD WORK STANDARDS AND METHODS.] (a) 
        The commissioner shall adopt rules establishing lead hazard 
        reduction regulated lead work 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 
        practices 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 regulated lead work methods, paint 
        stabilization, and repainting.  
           (c) The commissioner of health shall adopt lead hazard 
        reduction regulated lead work 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 regulated lead work 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 regulated lead work 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 regulated lead work 
        standards or methods for lead in paint, dust, drinking water, or 
        soil that require a different lead hazard reduction regulated 
        lead work 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.  
           (j) The commissioner shall adopt rules for issuing lead 
        orders required under section 144.9504, rules for notification 
        of abatement or interim control activities requirements, and 
        other rules necessary to implement sections 144.9501 to 144.9509.
           Sec. 37.  Minnesota Statutes 2000, section 144.9508, 
        subdivision 3, is amended to read: 
           Subd. 3.  [LICENSURE AND CERTIFICATION.] The commissioner 
        shall adopt rules to license lead supervisors, lead workers, 
        lead project designers, lead inspectors, and lead risk 
        assessors.  The commissioner shall also adopt rules requiring 
        certification of firms that perform lead abatement, lead hazard 
        reduction, lead hazard screens, or lead risk 
        assessments regulated lead work and rules requiring registration 
        of lead sampling technicians.  The commissioner shall require 
        periodic renewal of licenses and, certificates, and 
        registrations and shall establish the renewal periods. 
           Sec. 38.  Minnesota Statutes 2000, section 144.9508, 
        subdivision 4, is amended to read: 
           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 requirements for training course providers and the renewal 
        period for each lead-related training course required for 
        certification or licensure.  The commissioner shall establish 
        criteria in rules for the content and presentation of training 
        courses intended to qualify trainees for licensure under 
        subdivision 3.  The commissioner shall establish criteria in 
        rules for the content and presentation of training courses for 
        lead interim control workers.  Training course permit fees shall 
        be nonrefundable and must be submitted with each application in 
        the amount of $500 for an initial training course, $250 for 
        renewal of a permit for an initial training course, $250 for a 
        refresher training course, and $125 for renewal of a permit of a 
        refresher training course. 
           Sec. 39.  Minnesota Statutes 2000, section 144.9508, 
        subdivision 5, is amended to read:  
           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.  A variance shall be 
        considered only according to the procedures and criteria in 
        Minnesota Rules, parts 4717.7000 to 4717.7050. 
           Sec. 40.  Minnesota Statutes 2000, section 144.9509, 
        subdivision 1, is amended to read: 
           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. 
           Sec. 41.  Minnesota Statutes 2000, section 144.9509, 
        subdivision 3, is amended to read: 
           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 summary of lead surveillance 
        data collected by the commissioner. 
           Sec. 42.  [ACCEPTABLE DOCUMENTED METHODOLOGIES] 
           When performing a lead hazard screen, lead inspection, lead 
        risk assessment, or clearance inspection, the methodologies 
        referenced in the United States Environmental Protection Agency 
        regulation for lead-based paint activities, Code of Federal 
        Regulations, title 40, section 745.227, paragraph (a), clause 
        (3), are acceptable documented methodologies.  The commissioner 
        of health shall amend Minnesota Rules, part 4761.1000, subpart 
        7, accordingly and may use the procedures established under 
        Minnesota Statutes, section 14.388, clause (3).  Except as 
        provided in Minnesota Statutes, section 14.388, Minnesota 
        Statutes, section 14.386, does not apply. 
           Sec. 43.  [REPEALER.] 
           Minnesota Statutes 2000, sections 144.9501, subdivision 32; 
        144.9502, subdivision 6; 144.9503, subdivision 6; 144.9504, 
        subdivisions 4 and 11; 144.9505, subdivisions 2 and 5; 144.9506; 
        and 144.9508, subdivision 6, are repealed. 
           Sec. 44.  [EFFECTIVE DATE.] 
           Section 42 is effective the day following final enactment. 

                                   ARTICLE 2
                            MISCELLANEOUS PROVISIONS
           Section 1.  Minnesota Statutes 2000, section 145.425, is 
        amended to read: 
           145.425 [PAY TOILETS IN PUBLIC PLACES; PROHIBITIONS; 
        PENALTY.] 
           Pay toilets and urinals in public places, public 
        conveyances or public buildings are prohibited unless at least 
        one-half of the available toilets in the same area or rest room 
        are free and maintained at the same standards of sanitation and 
        upkeep.  Violation of this section is a misdemeanor. 
           Sec. 2.  Minnesota Statutes 2000, section 157.20, is 
        amended by adding a subdivision to read: 
           Subd. 4.  [ALTERNATIVE COMPLIANCE METHODS FOR DELEGATED 
        AGENCIES.] (a) A local agency operating with a delegation 
        agreement under section 145A.07 may request approval from the 
        commissioner to supplant subdivisions 1 to 3 with alternative 
        compliance methods.  The local agency must submit to the 
        commissioner: 
           (1) the alternative compliance methods that will be taken 
        to ensure an equivalent degree of protection to public health, 
        safety, or the environment; 
           (2) the reasons why alternative methods are requested; 
           (3) a plan for evaluating the effectiveness of the 
        alternative methods; 
           (4) a statement that the local agency applying for approval 
        of the alternative methods will comply with the terms, if 
        granted; and 
           (5) other relevant information the commissioner determines 
        necessary to evaluate the request.  
           (b) The commissioner may approve the request if the 
        alternative methods will have no potential adverse effect on 
        public health, safety, or the environment and if the alternative 
        methods are equivalent to or superior to those prescribed in 
        subdivisions 1 to 3.  In approving the request, the commissioner 
        may attach conditions the commissioner determines are needed to 
        protect public health, safety, or the environment.  The 
        commissioner shall notify the local agency in writing of the 
        commissioner's decision to approve or deny the request.  If a 
        request is denied, the commissioner shall specify the reasons 
        for the denial. 
           Sec. 3.  [REPEALER.] 
           Minnesota Statutes 2000, sections 144.073 and 144.08, are 
        repealed. 
           Presented to the governor May 25, 2001 
           Signed by the governor May 29, 2001, 11:25 a.m.