1.1 	A bill for an act
1.2 	relating to health; providing for transfer of authority for the lead abatement 
1.3 	program;amending Minnesota Statutes 2004, section 144.9501, by adding a 
1.4 	subdivision; proposing coding for new law in Minnesota Statutes, chapter 144; 
1.5 	repealing Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, 
1.6 	10; Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 
1.7 	3, 8.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2004, section 144.9501, is amended by adding a 
1.10 	subdivision to read:
1.11 		Subd. 9a.Eligible organization. "Eligible organization" means a city, board of 
1.12 	health, community health department, community action agency, nonprofit organization, 
1.13 	or community development corporation.

1.14 	Sec. 2. [144.9512] LEAD ABATEMENT PROGRAM.
1.15 		Subdivision 1.Grants; administration. Within the limits of the available 
1.16 	appropriation, the commissioner may make grants to eligible organizations to train 
1.17 	workers to provide swab team services for residential property. Grants may be awarded to 
1.18 	eligible organizations to provide technical assistance and training to ensure quality and 
1.19 	consistency within the statewide program.
1.20 		Subd. 2.Applicants. (a) Interested eligible organizations may apply to the 
1.21 	commissioner for grants under this section. Two or more eligible organizations may 
1.22 	jointly apply for a grant. Priority shall be given to community action agencies in greater 
1.23 	Minnesota and to either community action agencies or neighborhood based nonprofit 
1.24 	organizations in cities of the first class. Of the total annual appropriation, 12.5 percent may 
2.1 	be used for administrative purposes. The commissioner may deviate from this percentage 
2.2 	if a grantee can justify the need for a larger administrative allowance. Of this amount, 
2.3 	up to five percent may be used by the commissioner for state administrative purposes. 
2.4 	Applications must provide information requested by the commissioner, including at least 
2.5 	the information required to assess the factors listed in paragraph (d).
2.6 	(b) The commissioner must consult with boards of health to provide swab team 
2.7 	services for purposes of secondary prevention. The priority for swab teams created 
2.8 	by grants to eligible organizations under this section must be work assigned by the 
2.9 	commissioner, or by a board of health if so designated by the commissioner, to provide 
2.10 	secondary prevention swab team services to fulfill the requirements of section 144.9504, 
2.11 	subdivision 6, in response to a lead order. Swab teams assigned work under this section 
2.12 	by the commissioner, that are not engaged daily in fulfilling the requirements of section 
2.13 	144.9504, subdivision 6, must deliver swab team services in response to elevated blood 
2.14 	lead levels as defined in section 144.9501, subdivision 9, where lead orders were not 
2.15 	issued, and for purposes of primary prevention in census tracts known to be in areas at 
2.16 	high risk for toxic lead exposure as described in section 144.9503, subdivision 2.
2.17 	(c) Any additional money must be used for grants to establish swab teams for 
2.18 	primary prevention under section 144.9503, in census tracts in areas at high risk for toxic 
2.19 	lead exposure as determined under section 144.9503, subdivision 2.
2.20 	(d) In evaluating grant applications, the commissioner must consider the following 
2.21 	criteria:
2.22 	(1) plans for the provision of swab team services for primary and secondary 
2.23 	prevention;
2.24 	(2) plans for resident and property owner education on lead safety;
2.25 	(3) measures of program effectiveness;
2.26 	(4) coordination of program activities with other federal, state, and local public 
2.27 	health and housing renovation programs; and
2.28 	(5) prior experience in providing swab team services.
2.29 		Subd. 3.Eligible grant activities. An eligible organization receiving a grant 
2.30 	under this section must ensure that all participating lead supervisors or certified firms are 
2.31 	licensed and that all swab team workers are certified by the Department of Health under 
2.32 	section 144.9505. Eligible organizations may participate in the program by:
2.33 	(1) providing on-the-job training for swab team workers;
2.34 	(2) providing swab team services to meet the requirements of sections 144.9503, 
2.35 	subdivision 4, and 144.9504, subdivision 6;
3.1 	(3) providing lead hazard reduction to meet the requirements of section 144.9501, 
3.2 	subdivision 17;
3.3 	(4) providing lead dust clean-up equipment and materials, as described in section 
3.4 	144.9503, subdivision 1, to residents; or
3.5 	(5) having a swab team worker instruct residents and property owners on appropriate 
3.6 	lead control techniques, including the lead-safe directives developed by the commissioner.
3.7 		Subd. 4.Swab team workers. Each worker engaged in swab team services 
3.8 	established under this section must have blood lead concentrations below 15 micrograms 
3.9 	of lead per deciliter of whole blood as determined by a baseline blood lead screening. Any 
3.10 	organization receiving a grant under this section is responsible for lead screening and must 
3.11 	assure that all swab team workers meet the standards established in this subdivision. 
3.12 	Grantees must use appropriate workplace procedures including following the lead-safe 
3.13 	directives developed by the commissioner to reduce risk of elevated blood lead levels. 
3.14 	Grantees and participating contractors must report all employee blood lead levels that 
3.15 	exceed 15 micrograms of lead per deciliter of whole blood to the commissioner.
3.16 		Subd. 5.Program benefits. As a condition of providing swab team services under 
3.17 	this section, an organization may require a property owner to not increase rents on a 
3.18 	property solely as a result of a substantial improvement made with public funds under the 
3.19 	programs in this section.
3.20 		Subd. 6.Requirements of organizations receiving grants. An eligible 
3.21 	organization that is awarded a grant under this section must prepare and submit a quarterly 
3.22 	progress report to the commissioner beginning three months after receipt of the grant.

3.23 	Sec. 3. REVISOR'S INSTRUCTION.
 3.24 	The revisor of statutes shall change the range reference "144.9501 to 144.9509" 
3.25 	to "144.9501 to 144.9512" wherever the reference appears in Minnesota Statutes and 
3.26 	Minnesota Rules.

3.27 	Sec. 4.  REPEALER.
 3.28 	Minnesota Statutes 2004, section 119A.46, subdivisions 4, 5, 6, 7, 9, and 10, and 
3.29 	Minnesota Statutes 2005 Supplement, section 119A.46, subdivisions 1, 2, 3, and 8, are 
3.30 	repealed.