1.1 	A bill for an act
1.2 	relating to health; lowering the blood lead level
1.3 	needed to trigger a lead risk assessment; amending
1.4 	Minnesota Statutes 2004, section 144.9504, subdivision
1.5 	2.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2004, section 144.9504,
1.8 	subdivision 2, is amended to read:
1.9 		Subd. 2.Lead risk assessment.  (a) An assessing agency
1.10 	shall conduct a lead risk assessment of a residence according to
1.11 	the venous blood lead level and time frame set forth in clauses
1.12 	(1) to ~~(5)~~ (4) for purposes of secondary prevention:
1.13 	(1) within 48 hours of a child or pregnant female in the
1.14 	residence being identified to the agency as having a venous
1.15 	blood lead level equal to or greater than ~~70~~ 60 micrograms of
1.16 	lead per deciliter of whole blood;
1.17 	(2) within five working days of a child or pregnant female
1.18 	in the residence being identified to the agency as having a
1.19 	venous blood lead level equal to or greater than 45 micrograms
1.20 	of lead per deciliter of whole blood;
1.21 	(3) within ten working days of a child in the residence
1.22 	being identified to the agency as having a venous blood lead
1.23 	level equal to or greater than ~~20~~ 15 micrograms of lead per
1.24 	deciliter of whole blood;
1.25 	(4) ~~within ten working days of a child in the residence~~
2.1 	~~being identified to the agency as having a venous blood lead~~
2.2 	~~level that persists in the range of 15 to 19 micrograms of lead~~
2.3 	~~per deciliter of whole blood for 90 days after initial~~
2.4 	~~identification; or~~ 
2.5 	~~(5)~~ within ten working days of a pregnant female in the
2.6 	residence being identified to the agency as having a venous
2.7 	blood lead level equal to or greater than ten micrograms of lead
2.8 	per deciliter of whole blood.
2.9 	(b) Within the limits of available local, state, and
2.10 	federal appropriations, an assessing agency may also conduct a
2.11 	lead risk assessment for children with any elevated blood lead
2.12 	level.
2.13 	(c) In a building with two or more dwelling units, an
2.14 	assessing agency shall assess the individual unit in which the
2.15 	conditions of this section are met and shall inspect all common
2.16 	areas accessible to a child.  If a child visits one or more
2.17 	other sites such as another residence, or a residential or
2.18 	commercial child care facility, playground, or school, the
2.19 	assessing agency shall also inspect the other sites.  The
2.20 	assessing agency shall have one additional day added to the time
2.21 	frame set forth in this subdivision to complete the lead risk
2.22 	assessment for each additional site.
2.23 	(d) Within the limits of appropriations, the assessing
2.24 	agency shall identify the known addresses for the previous 12
2.25 	months of the child or pregnant female with venous blood lead
2.26 	levels of at least ~~20~~ 15 micrograms per deciliter for the child
2.27 	or at least ten micrograms per deciliter for the pregnant
2.28 	female; notify the property owners, landlords, and tenants at
2.29 	those addresses that an elevated blood lead level was found in a
2.30 	person who resided at the property; and give them primary
2.31 	prevention information.  Within the limits of appropriations,
2.32 	the assessing agency may perform a risk assessment and issue
2.33 	corrective orders in the properties, if it is likely that the
2.34 	previous address contributed to the child's or pregnant female's
2.35 	blood lead level.  The assessing agency shall provide the notice
2.36 	required by this subdivision without identifying the child or
3.1 	pregnant female with the elevated blood lead level.  The
3.2 	assessing agency is not required to obtain the consent of the
3.3 	child's parent or guardian or the consent of the pregnant female
3.4 	for purposes of this subdivision.  This information shall be
3.5 	classified as private data on individuals as defined under
3.6 	section 13.02, subdivision 12.
3.7 	(e) The assessing agency shall conduct the lead risk
3.8 	assessment according to rules adopted by the commissioner under
3.9 	section 144.9508.  An assessing agency shall have lead risk
3.10 	assessments performed by lead risk assessors licensed by the
3.11 	commissioner according to rules adopted under section 144.9508.
3.12 	If a property owner refuses to allow a lead risk assessment, the
3.13 	assessing agency shall begin legal proceedings to gain entry to
3.14 	the property and the time frame for conducting a lead risk
3.15 	assessment set forth in this subdivision no longer applies.  A
3.16 	lead risk assessor or assessing agency may observe the
3.17 	performance of lead hazard reduction in progress and shall
3.18 	enforce the provisions of this section under section 144.9509.
3.19 	Deteriorated painted surfaces, bare soil, and dust must be
3.20 	tested with appropriate analytical equipment to determine the
3.21 	lead content, except that deteriorated painted surfaces or bare
3.22 	soil need not be tested if the property owner agrees to engage
3.23 	in lead hazard reduction on those surfaces.  The lead content of
3.24 	drinking water must be measured if another probable source of
3.25 	lead exposure is not identified.  Within a standard metropolitan
3.26 	statistical area, an assessing agency may order lead hazard
3.27 	reduction of bare soil without measuring the lead content of the
3.28 	bare soil if the property is in a census tract in which soil
3.29 	sampling has been performed according to rules established by
3.30 	the commissioner and at least 25 percent of the soil samples
3.31 	contain lead concentrations above the standard in section
3.32 	144.9508.
3.33 	(f) Each assessing agency shall establish an administrative
3.34 	appeal procedure which allows a property owner to contest the
3.35 	nature and conditions of any lead order issued by the assessing
3.36 	agency.  Assessing agencies must consider appeals that propose
4.1 	lower cost methods that make the residence lead safe.  The
4.2 	commissioner shall use the authority and appeal procedure
4.3 	granted under sections 144.989 to 144.993.
4.4 	(g) Sections 144.9501 to 144.9509 neither authorize nor
4.5 	prohibit an assessing agency from charging a property owner for
4.6 	the cost of a lead risk assessment.