Last week, Housing First Minnesota Executive Director David Siegel asked the Minnesota Department of Health (MDH) to let the Environmental Protection Agency’s (EPA) lead paint rule (RRP) stand in Minnesota. Since 2016, MDH has worked to take local custody of the federal regulations governing the renovations or pre-1978 homes.
“Given that the Proposal in its current form provides no additional protection over the existing RRP Rule enforced by the U.S. Environmental Protection Agency, yet will increase costs, it is in the best interest of all parties for the Department to cease pursuing this Proposal and allow the current EPA Rule to stand in Minnesota,” wrote Siegel (emphasis original).
The letter was in response to two messages from the Minnesota Department of Health in recent weeks in which MDH acknowledged its proposal would increase renovation costs for pre-1978 homes without any increased safety measures. In one memo, MDH stated:
“MDH acknowledges that RRP compliance adds to the cost of renovation in properties affected by the rule, increasing expenses for renovation firms, lead professionals, property owners, tenants, and other affected parties. MDH takes seriously the goal of minimizing these costs when possible, but also recognizes its often-conflicting duties to establish standards that protect public health in a manner consistent with the EPA RRP program and to effectively oversee compliance.
“MDH is dedicated to striking the correct balance between these important public interests. To help with this task, MDH has previously asked for stakeholder estimates on any anticipated costs of compliance with the Minnesota RRP program. In response, many have expressed concern that certain provisions of the rule are likely to increase costs beyond existing EPA RRP regulations.”
Siegel went on to say that this statement from MDH has created a high bar for the agency to enact the final rule and the request to let the EPA rule stand is not intended to dimmish the hard work of the Department, but simply brings the effort to the logical conclusion.
Since 2017, Housing First Minnesota has been leading a coalition of industry groups whose aim is to keep remodeling both safe and affordable. To date, the association’s advocacy efforts have directly led to a significant moderation in the rule. Yet concerns remain as MDH proposed a five-year window for clerical enforcement, meaning it can request records from remodelers long after the project is completed. This type of enforcement can result in sanctions against remodelers who follow all on-site safety requirements.
“We’ve seen some groups walk away from the effort over the years, which is unfortunate,” said Nick Erickson, director of research and regulatory affairs. “This proposal would fundamentally alter the remodeling industry by needlessly adding costs on an already expensive rule.”
In addition to Housing First Minnesota, Minnesota Realtors and Central Minnesota Builders Association have been engaged throughout the entire process, giving homeowners and remodelers a voice during the rulemaking process.
Related: Remodeler Town Hall, Nov. 18, 2021, at 2:30 p.m.
