1999 Minnesota Statutes

     144.9503 Primary prevention. 

    Subdivision 1.    Primary prevention program.  The 
 commissioner shall develop a primary prevention program to 
 reduce lead exposure in young children and pregnant women.  The 
 commissioner shall develop a priority list for high risk census 
 tracts, provide primary prevention lead education, promote 
 primary prevention swab team services in cooperation with the 
 commissioner of economic security or housing finance, provide 
 lead cleanup equipment and material grants, monitor voluntary 
 lead hazard reduction or abatement, and develop lead-safe 
 directives in cooperation with the commissioner of 
 administration. 

    Subd. 2.    Priorities for primary prevention.  The 
 commissioner of health shall publish in the State Register a 
 priority list of census tracts at high risk for toxic lead 
 exposure.  All local governmental units and boards of health 
 shall follow the priorities published in the State Register.  In 
 establishing the list, the commissioner shall use the 
 surveillance data collected under section 144.9502 and other 
 information as appropriate or specified in this section and 
 shall award points to each census tract on which information is 
 available.  The priority for primary prevention in census tracts 
 at high risk for toxic lead exposure shall be based on the 
 cumulative points awarded to each census tract.  A greater 
 number of points means a higher priority.  If a tie occurs in 
 the number of points, priority shall be given to the census 
 tract with the higher percentage of population with blood lead 
 levels greater than ten micrograms of lead per deciliter of 
 whole blood.  The commissioner shall revise and update the 
 priority list at least every five years.  Points shall be 
 awarded as specified in paragraphs (a) to (c).  

    (a) In a census tract where at least 20 children have been 
 screened in the last five years, one point shall be awarded for 
 each ten percent of children who were under six years old at the 
 time they were screened for lead in blood and whose blood lead 
 level exceeds ten micrograms of lead per deciliter of whole 
 blood.  An additional point shall be awarded if one percent of 
 the children had blood lead levels greater than 20 micrograms of 
 lead per deciliter of blood.  Two points shall be awarded to a 
 census tract, where the blood lead screening has been 
 inadequate, that is contiguous with a census tract where more 
 than ten percent of the children under six years of age have 
 blood lead levels exceeding ten micrograms of lead per deciliter 
 of whole blood.  

    (b) One point shall be awarded for every five percent of 
 housing that is defined as dilapidated or deteriorated by the 
 planning department or similar agency of the city in which the 
 housing is located.  Where data is available by neighborhood or 
 section within a city, the percent of dilapidated or 
 deteriorated housing shall apply equally to each census tract 
 within the neighborhood or section.  

    (c) One point shall be awarded for every 100 parts per 
 million of lead soil, based on the median soil lead values of 
 foundation soil samples, calculated on 100 parts per million 
 intervals, or fraction thereof.  For the cities of St. Paul and 
 Minneapolis, the commissioner shall use the June 1988 census 
 tract version of the houseside map titled "Distribution of 
 Houseside Lead Content of Soil-Dust in the Twin Cities," 
 prepared by the Center for Urban and Regional Affairs, Humphrey 
 Institute, University of Minnesota, Publication 1989, Center for 
 Urban and Regional Affairs 89-4.  Where the map displays a 
 census tract that is crossed by two or more intervals, the 
 commissioner shall make a reasoned determination of the median 
 foundation soil lead value for that census tract.  Values for 
 census tracts may be updated by surveying the census tract 
 according to the procedures adopted under this section.  

    Subd. 3.    Primary prevention lead education strategy.  
 The commissioner of health shall develop a primary prevention 
 lead education strategy to prevent lead exposure.  The strategy 
 shall specify:  

    (1) the development of lead education materials that 
 describe the health effects of lead exposure, safety measures, 
 and methods to be used in the lead hazard reduction process; 

    (2) the provision of lead education materials to the 
 general public; 

    (3) the provision of lead education materials to property 
 owners, landlords, and tenants by swab team workers and public 
 health professionals, such as nurses, sanitarians, health 
 educators, other public health professionals in areas at high 
 risk for toxic lead exposure; and 

    (4) the promotion of awareness of community, legal, and 
 housing resources.  

    Subd. 4.    Swab team services.  Primary prevention must 
 include the use of swab team services in census tracts 
 identified at high risk for toxic lead exposure as identified by 
 the commissioner under this section.  The swab team services may 
 be provided based on lead hazard screens whenever possible and 
 must at least include lead hazard reduction for deteriorated 
 interior lead-based paint, bare soil, and dust.  

    Subd. 5. Repealed, 1998 c 407 art 2 s 109 

    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.  (a) By 
 July 1, 1995, and amended and updated as necessary, the 
 commissioner shall develop in cooperation with the commissioner 
 of administration provisions and procedures to define lead-safe 
 informational directives for residential remodeling, renovation, 
 installation, and rehabilitation activities that are not lead 
 hazard reduction, but may disrupt lead-based paint surfaces.  

    (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. 

    Subd. 8. Repealed, 1998 c 407 art 2 s 109 

    Subd. 9. Repealed, 1998 c 407 art 2 s 109 

    HIST: 1995 c 213 art 1 s 5; 1996 c 451 art 4 s 14-16; 1998 c 
 407 art 2 s 53-55