Minnesota Legislature
Office of the Revisor of Statutes
Minnesota Session Laws - 2001, Regular Session
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.
Official Publication of the State of Minnesota
Revisor of Statutes