HF 414

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:37am

A bill for an act
relating to health; limiting use of synthetic turf on certain athletic fields; requiring
commissioner of health to study impact of use of crumb rubber; allowing schools
to use health and safety revenue to evaluate use of synthetic turf; requiring
reports; appropriating money; amending Minnesota Statutes 2008, section
123B.57, subdivision 6; proposing coding for new law in Minnesota Statutes,
chapter 145.

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

Section 1.

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. 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).

new text begin (c) Health and safety revenue may be used to contract for a site-specific evaluation
and impact report on the health and environmental effects of the use or installation of
synthetic turf on an athletic playing field on school property.
new text end

Sec. 2.

new text begin [145.945] HEALTH ASSESSMENT OF SYNTHETIC TURF.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the following terms
have the meanings given.
new text end

new text begin (b) "Crumb rubber" means ground rubber derived from waste tires, which contain
one or more of the following: acetone, arsenic, cadmium, chromium, lead, vanadium, or
zinc.
new text end

new text begin (c) "Synthetic turf" means any materials or compositions that include crumb rubber
used in the place of grass to surface parks, outdoor athletic playing fields, indoor athletic
facilities, or other venues.
new text end

new text begin Subd. 2. new text end

new text begin Use of synthetic turf. new text end

new text begin No person may install synthetic turf on an athletic
playing field, playground, or surface park within the boundaries of a public or private
school or a public park, until the Department of Health, in consultation with the state
Pollution Control Agency, has prepared a site specific impact report on the health and
environmental effects of the use or installation of synthetic turf on that athletic playing
field.
new text end

new text begin Subd. 3. new text end

new text begin Health study. new text end

new text begin The commissioner of health must study the health impacts
related to the use of crumb rubber within synthetic turf, and review all available data
relating to the potential health risks and health effects of synthetic turf, with particular
attention to the crumb rubber content of the synthetic turf. In conducting this study, the
commissioner must examine the health and environmental impact of various pathways of
exposure including, but not limited to, small fill particle inhalation, volatility, leaching into
groundwater, dermal absorption, and the persistence in the environment of the original and
degraded byproducts of crumb rubber. The commissioner of health must report the finding
of this study to the legislature by June 30, 2010, according to section 3.195.
new text end

Sec. 3. new text begin APPROPRIATION.
new text end

new text begin $....... is appropriated from the general fund to the commissioner of health in fiscal
year 2010 to prepare impact reports and study the use of crumb rubber within synthetic turf.
new text end