Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 1998, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes