HF 1111

as introduced - 88th Legislature (2013 - 2014) Posted on 03/04/2013 01:49pm

A bill for an act
relating to education finance; incorporating the health and safety revenue
program into the deferred maintenance revenue program; setting a per pupil
formula allowance for the program; amending Minnesota Statutes 2012, sections
123B.57, subdivisions 2, 6; 123B.59, subdivisions 1, 4; 123B.591; repealing
Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, 7.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2012, section 123B.57, subdivision 2, is amended to read:

Subd. 2.

Health and safety policy.

To qualify for deleted text begin health and safety deleted text end new text begin facilities
maintenance new text end revenue new text begin under section 123B.591 new text end , a school board must adopt a health and
safety policy. The policy must include provisions for implementing a health and safety
program that complies with health, safety, and environmental regulations and best
practices including indoor air quality management.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:

Subd. 6.

Uses of health and safety revenue.

deleted text begin Health and safety deleted text end new text begin Facilities
maintenance new text end revenue new text begin under section 123B.591 new text end may be used deleted text begin only deleted text end for approved expenditures
necessary for the correction of fire and life safety hazards; design, purchase, installation,
maintenance, and inspection of fire protection and alarm equipment; purchase or
construction of appropriate facilities for the storage of combustible and flammable
materials; inventories and facility modifications not related to a remodeling project
to comply with lab safety requirements under section 121A.31; inspection, testing,
repair, removal or encapsulation, and disposal of asbestos-containing building materials;
cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous and
infectious wastes; cleanup, removal, disposal, and repairs related to storing heating fuel
or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in
section 296A.01; correction of occupational safety and health administration regulated
hazards; indoor air quality inspections, investigations, and testing; mold abatement;
upgrades or replacement of mechanical ventilation systems to meet American Society of
Heating, Refrigerating and Air Conditioning Engineers standards and State Mechanical
Code; design, materials, and installation of local exhaust ventilation systems, including
required make-up air for controlling regulated hazardous substances; correction of
Department of Health Food Code violations; correction of swimming pool hazards
excluding depth correction; playground safety inspections, repair of unsafe outdoor
playground equipment, and the installation of impact surfacing materials; bleacher
repair or rebuilding to comply with the order of a building code inspector under section
326B.112; testing and mitigation of elevated radon hazards; lead testing; copper in water
testing; cleanup after major weather-related disasters or flooding; reduction of excessive
organic and inorganic levels in wells and capping of abandoned wells; installation and
testing of boiler backflow valves to prevent contamination of potable water; vaccinations,
titers, and preventative supplies for bloodborne pathogen compliance; costs to comply
with the Janet B. Johnson Parents' Right to Know Act; automated external defibrillators
and other emergency plan equipment and supplies specific to the district's emergency
action plan; and health, safety, and environmental management costs associated with
implementing the district's health and safety program including costs to establish and
operate safety committees, in school buildings or property owned or being acquired by the
district. Testing and calibration activities are permitted for existing mechanical ventilation
systems at intervals no less than every five years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 3.

Minnesota Statutes 2012, section 123B.59, subdivision 1, is amended to read:

Subdivision 1.

To qualify.

(a) An independent or special school district qualifies to
participate in the alternative facilities bonding and levy program if the district has:

(1) more than 66 students per grade;

(2) over 1,850,000 square feet of space and the average age of building space is 15
years or older or over 1,500,000 square feet and the average age of building space is
35 years or older;

(3) insufficient funds from projected deleted text begin health and safety revenue and deleted text end capital facilities
revenue to meet the requirements for deferred maintenance, to make accessibility
improvements, or to make fire, safety, or health repairs; and

(4) a ten-year facility plan approved by the commissioner according to subdivision 2.

(b) An independent or special school district not eligible to participate in the
alternative facilities bonding and levy program under paragraph (a) qualifies for limited
participation in the program if the district has:

(1) one or more health and safety projects with an estimated cost of $500,000 or
more per site deleted text begin that would qualify for health and safety revenue except for the project size
limitation in section 123B.57, subdivision 1, paragraph (b) deleted text end ; and

(2) insufficient funds from capital facilities revenue to fund those projects.

(c) Notwithstanding the square footage limitation in paragraph (a), clause (2),
a school district that qualified for eligibility under paragraph (a) as of July 1, 2007,
remains eligible for funding under this section as long as the district continues to meet the
requirements of paragraph (a), clauses (1), (3), and (4).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 4.

Minnesota Statutes 2012, section 123B.59, subdivision 4, is amended to read:

Subd. 4.

Levy prohibited for capital projects.

A district that participates in the
alternative facilities bonding and levy program is not eligible to levy and cannot receive
aid under sections deleted text begin 123B.57 and deleted text end 123B.58 new text begin and 123B.591 new text end for any capital projects funded
under this section. A district may levy and receive aid for health and safety environmental
management costs and health and safety regulatory, hazard assessment, record keeping,
and maintenance programs as defined in section deleted text begin 123A.443, subdivision 2 deleted text end new text begin 123B.56 new text end , and
approved by the commissioner.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 5.

Minnesota Statutes 2012, section 123B.591, is amended to read:

123B.591 deleted text begin DEFERRED deleted text end new text begin FACILITIES new text end MAINTENANCE REVENUE.

Subdivision 1.

Eligibility.

An independent or special school district that new text begin has
adopted a health and safety policy under section 123B.57, subdivision 2, and that new text end does not
qualify to participate in the alternative facilities bonding and levy under section 123B.59,
subdivision 1, paragraph (a), is eligible to receive deleted text begin deferred deleted text end new text begin facilities new text end maintenance revenue.

Subd. 2.

deleted text begin Deferred deleted text end new text begin Facilities new text end maintenance revenue.

new text begin (a) new text end The deleted text begin deferred deleted text end new text begin facilities
new text end maintenance revenue for an eligible school district equals new text begin the lesser of:
new text end

new text begin (1) the district's average health and safety revenue for fiscal years 2009 to 2013; or
new text end

new text begin (2) new text end the product of deleted text begin $60 deleted text end new text begin $230 new text end times the adjusted marginal cost pupil units for the
school year deleted text begin times the lesser of one or the ratio of the district's average age of building
space to 35 years deleted text end .

new text begin (b) A school district that has a health and safety project meeting the criteria in
section 123B.57, subdivision 6, in excess of $500,000 at any site may, upon approval of
the commissioner of education, proceed with that project under section 123B.59.
new text end

new text begin (c) A school district that is a member of an intermediate school district may include
in its revenue an additional amount not to exceed $75 per pupil unit for projects at the
intermediate school district which must be transferred to the intermediate school district.
new text end

Subd. 3.

deleted text begin Deferred deleted text end new text begin Facilities new text end maintenance levy.

To obtain deleted text begin deferred deleted text end new text begin facilities
new text end maintenance revenue deleted text begin for fiscal year 2008 and later deleted text end , a district may levy an amount not
more than the product of its deleted text begin deferred deleted text end new text begin facilities new text end maintenance revenue for the fiscal year
times the lesser of one or the ratio of its adjusted net tax capacity per adjusted marginal
cost pupil unit to $5,621.

Subd. 4.

deleted text begin Deferred deleted text end new text begin Facilities new text end maintenance aid.

deleted text begin For fiscal year 2008 and later, deleted text end A
district's deleted text begin deferred deleted text end new text begin facilities new text end maintenance aid equals its deleted text begin deferred deleted text end new text begin facilities new text end maintenance
revenue minus its deleted text begin deferred deleted text end new text begin facilities new text end maintenance levy times the ratio of the actual amount
levied to the permitted levy.

Subd. 5.

Reserve account.

deleted text begin Deferred deleted text end new text begin Facilities new text end maintenance revenue must be
maintained in a reserve account within the general fund. deleted text begin Deferred deleted text end new text begin Facilities new text end maintenance
revenue deleted text begin may deleted text end new text begin must new text end be used only for new text begin facilities new text end expenditures deleted text begin that would be eligible for
alternative facilities bonding and levy revenue under section 123B.59, subdivision 2,
paragraph (a), if the district qualified for that revenue under section 123B.59, subdivision
1, paragraph (a) deleted text end new text begin including any health and safety expenditures authorized under section
123B.591 new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 6. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, and
7, new text end new text begin are repealed.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end