HF 91

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:33am

A bill for an act
relating to education finance; modifying health and safety revenue to include
elevator repair costs; amending Minnesota Statutes 2008, section 123B.57, subdivisions 2, 6.

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

Section 1.

Minnesota Statutes 2008, section 123B.57, subdivision 2, is amended to read:

Subd. 2.

Contents of program.

new text begin (a) To qualify for health and safety revenue, new text end a
district must adopt a health and safety program. The program must include plans, where
applicable, for hazardous substance removal, fire and life safety code repairs, regulated
facility and equipment violations, and health, safety, and environmental management,
including indoor air quality management.

deleted text begin (a) deleted text end new text begin (b) new text end A hazardous substance plan must contain provisions for the removal or
encapsulation of asbestos from school buildings or property, asbestos-related repairs,
cleanup and disposal of polychlorinated biphenyls found in school buildings or property,
and 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.
If a district has already developed a plan for the removal or encapsulation of asbestos as
required by the federal Asbestos Hazard Emergency Response Act of 1986, the district
may use a summary of that plan, which includes a description and schedule of response
actions, for purposes of this section. The plan must also contain provisions to make
modifications to existing facilities and equipment necessary to limit personal exposure
to hazardous substances, as regulated by the federal Occupational Safety and Health
Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is
determined by the commissioner to present a significant risk to district staff or student
health and safety as a result of foreseeable use, handling, accidental spill, exposure, or
contamination.

deleted text begin (b) deleted text end new text begin (c) new text end A fire and life safety plan must contain a description of the current fire deleted text begin and deleted text end new text begin , new text end
life safety new text begin , or elevator new text end code violations, a plan for the removal or repair of the fire deleted text begin and deleted text end new text begin , new text end life
safety new text begin , or elevator safety new text end hazard, and a description of safety preparation and awareness
procedures to be followed until the hazard is fully corrected.

deleted text begin (c) deleted text end new text begin (d) new text end A facilities and equipment violation plan must contain provisions to correct
health and safety hazards as provided in Department of Labor and Industry standards
pursuant to section 182.655.

deleted text begin (d) deleted text end new text begin (e) new text end A health, safety, and environmental management plan must contain a
description of training, record keeping, hazard assessment, and program management as
defined in section 123B.56.

deleted text begin (e) deleted text end new text begin (f) new text end A plan to test for and mitigate radon produced hazards.

deleted text begin (f) deleted text end new text begin (g) new text end A plan to monitor and improve indoor air quality.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 123B.57, subdivision 6, is amended to read:

Subd. 6.

Uses of health and safety revenue.

(a) Health and safety revenue may
be used only for approved expenditures necessary to correct fire and life safety hazards,
or for the removal or encapsulation of asbestos from school buildings or property
owned or being acquired by the district, asbestos-related repairs, cleanup and disposal
of polychlorinated biphenyls found in school buildings or property owned or being
acquired by the district, or the 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, Minnesota occupational safety and health administration
regulated facility and equipment hazards, indoor air quality 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,
Department of Health Food Code and swimming pool hazards excluding depth correction,
and health, safety, and environmental management. Testing and calibration activities are
permitted for existing mechanical ventilation systems at intervals no less than every five
years. new text begin Health and safety revenue may be used to replace or repair elevators, according to a
plan adopted under subdivision 2. new text end Health and safety revenue must not be used to finance a
lease purchase agreement, installment purchase agreement, or other deferred payments
agreement. Health and safety revenue must not be used for the construction of new
facilities or the purchase of portable classrooms, for interest or other financing expenses,
or for energy efficiency projects under section 123B.65. The revenue may not be used for
a building or property or part of a building or property used for postsecondary instruction
or administration or for a purpose unrelated to elementary and secondary education.

(b) Notwithstanding paragraph (a), health and safety revenue must not be used for
replacement of building materials or facilities including roof, walls, windows, internal
fixtures and flooring, nonhealth and safety costs associated with demolition of facilities,
structural repair or replacement of facilities due to unsafe conditions, violence prevention
and facility security, ergonomics, building and heating, ventilating and air conditioning
supplies, maintenance, and cleaning activities. All assessments, investigations,
inventories, and support equipment not leading to the engineering or construction of a
project shall be included in the health, safety, and environmental management costs in
subdivision 8, paragraph (a).