HF 1247

1st Engrossment - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; encouraging compliance with B3 
  1.3             project guidelines for school building projects; 
  1.4             amending Minnesota Statutes 2002, sections 123B.57, 
  1.5             subdivision 2; 123B.59, subdivision 2; 123B.62; 
  1.6             123B.71, subdivisions 4, 9. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2002, section 123B.57, 
  1.9   subdivision 2, is amended to read: 
  1.10     Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
  1.11  health and safety program.  The program must include plans, 
  1.12  where applicable, for hazardous substance removal, fire and life 
  1.13  safety code repairs, regulated facility and equipment 
  1.14  violations, and health, safety, and environmental management, 
  1.15  including indoor air quality management.  
  1.16     (a) A hazardous substance plan must contain provisions for 
  1.17  the removal or encapsulation of asbestos from school buildings 
  1.18  or property, asbestos-related repairs, cleanup and disposal of 
  1.19  polychlorinated biphenyls found in school buildings or property, 
  1.20  and cleanup, removal, disposal, and repairs related to storing 
  1.21  heating fuel or transportation fuels such as alcohol, gasoline, 
  1.22  fuel, oil, and special fuel, as defined in section 296A.01.  If 
  1.23  a district has already developed a plan for the removal or 
  1.24  encapsulation of asbestos as required by the federal Asbestos 
  1.25  Hazard Emergency Response Act of 1986, the district may use a 
  1.26  summary of that plan, which includes a description and schedule 
  2.1   of response actions, for purposes of this section.  The plan 
  2.2   must also contain provisions to make modifications to existing 
  2.3   facilities and equipment necessary to limit personal exposure to 
  2.4   hazardous substances, as regulated by the federal Occupational 
  2.5   Safety and Health Administration under Code of Federal 
  2.6   Regulations, title 29, part 1910, subpart Z; or is determined by 
  2.7   the commissioner to present a significant risk to district staff 
  2.8   or student health and safety as a result of foreseeable use, 
  2.9   handling, accidental spill, exposure, or contamination. 
  2.10     (b) A fire and life safety plan must contain a description 
  2.11  of the current fire and life safety code violations, a plan for 
  2.12  the removal or repair of the fire and life safety hazard, and a 
  2.13  description of safety preparation and awareness procedures to be 
  2.14  followed until the hazard is fully corrected. 
  2.15     (c) A facilities and equipment violation plan must contain 
  2.16  provisions to correct health and safety hazards as provided in 
  2.17  department of labor and industry standards pursuant to section 
  2.18  182.655.  
  2.19     (d) A health, safety, and environmental management plan 
  2.20  must contain a description of training, record keeping, hazard 
  2.21  assessment, and program management as defined in section 123B.56.
  2.22     (e) A plan to test for and mitigate radon produced hazards. 
  2.23     (f) A plan to monitor and improve indoor air quality. 
  2.24     (g) A plan to review the department of administration's and 
  2.25  the department of commerce's B3 project guidelines established 
  2.26  under Laws 2001, chapter 212, article 1, sections 2 and 3, and, 
  2.27  when cost-effective, include appropriate modifications as part 
  2.28  of the project authorized under this section. 
  2.29     Sec. 2.  Minnesota Statutes 2002, section 123B.59, 
  2.30  subdivision 2, is amended to read: 
  2.31     Subd. 2.  [TEN-YEAR PLAN.] (a) A qualifying district must 
  2.32  have a ten-year facility plan approved by the commissioner that 
  2.33  includes an inventory of projects and costs that would be 
  2.34  eligible for: 
  2.35     (1) health and safety revenue; 
  2.36     (2) disabled access levy; and 
  3.1      (3) deferred capital expenditures and maintenance projects 
  3.2   necessary to prevent further erosion of facilities. 
  3.3      (b) The school district must: 
  3.4      (1) annually update the plan; 
  3.5      (2) biennially submit a facility maintenance plan; and 
  3.6      (3) indicate whether the district will issue bonds to 
  3.7   finance the plan or levy for the costs. 
  3.8      (c) The school district plan must review the department of 
  3.9   administration's and the department of commerce's B3 project 
  3.10  guidelines established under Laws 2001, chapter 212, article 1, 
  3.11  sections 2 and 3, and, when cost-effective, include appropriate 
  3.12  modifications as part of the project authorized under this 
  3.13  section. 
  3.14     Sec. 3.  Minnesota Statutes 2002, section 123B.62, is 
  3.15  amended to read: 
  3.16     123B.62 [BONDS FOR CERTAIN CAPITAL FACILITIES.] 
  3.17     (a) In addition to other bonding authority, with approval 
  3.18  of the commissioner, a district may issue general obligation 
  3.19  bonds for certain capital projects under this section.  The 
  3.20  bonds must be used only to make capital improvements including: 
  3.21     (1) under section 126C.10, subdivision 14, total operating 
  3.22  capital revenue uses specified in clauses (4), (6), (7), (8), 
  3.23  (9), and (10); 
  3.24     (2) the cost of energy modifications, including, when 
  3.25  cost-effective, compliance with the department of 
  3.26  administration's and the department of commerce's B3 project 
  3.27  guidelines established under Laws 2001, chapter 212, article 1, 
  3.28  sections 2 and 3; 
  3.29     (3) improving handicap accessibility to school buildings; 
  3.30  and 
  3.31     (4) bringing school buildings into compliance with life and 
  3.32  safety codes and fire codes.  
  3.33     (b) Before a district issues bonds under this subdivision, 
  3.34  it must publish notice of the intended projects, the amount of 
  3.35  the bond issue, and the total amount of district indebtedness.  
  3.36     (c) A bond issue tentatively authorized by the board under 
  4.1   this subdivision becomes finally authorized unless a petition 
  4.2   signed by more than 15 percent of the registered voters of the 
  4.3   district is filed with the school board within 30 days of the 
  4.4   board's adoption of a resolution stating the board's intention 
  4.5   to issue bonds.  The percentage is to be determined with 
  4.6   reference to the number of registered voters in the district on 
  4.7   the last day before the petition is filed with the board.  The 
  4.8   petition must call for a referendum on the question of whether 
  4.9   to issue the bonds for the projects under this section.  The 
  4.10  approval of 50 percent plus one of those voting on the question 
  4.11  is required to pass a referendum authorized by this section. 
  4.12     (d) The bonds must be paid off within ten years of 
  4.13  issuance.  The bonds must be issued in compliance with chapter 
  4.14  475, except as otherwise provided in this section.  A tax levy 
  4.15  must be made for the payment of principal and interest on the 
  4.16  bonds in accordance with section 475.61.  The sum of the tax 
  4.17  levies under this section and section 123B.61 for each year must 
  4.18  not exceed the limit specified in section 123B.61.  The levy for 
  4.19  each year must be reduced as provided in section 123B.61.  A 
  4.20  district using an excess amount in the debt redemption fund to 
  4.21  retire the bonds shall report the amount used for this purpose 
  4.22  to the commissioner by July 15 of the following fiscal year.  A 
  4.23  district having an outstanding capital loan under section 
  4.24  126C.69 or an outstanding debt service loan under section 
  4.25  126C.68 must not use an excess amount in the debt redemption 
  4.26  fund to retire the bonds. 
  4.27     (e) Notwithstanding paragraph (d), bonds issued by a 
  4.28  district within the first five years following voter approval of 
  4.29  a combination according to section 123A.37, subdivision 2, must 
  4.30  be paid off within 20 years of issuance.  All the other 
  4.31  provisions and limitation of paragraph (d) apply. 
  4.32     Sec. 4.  Minnesota Statutes 2002, section 123B.71, 
  4.33  subdivision 4, is amended to read: 
  4.34     Subd. 4.  [PLAN SUBMITTAL.] For a project for which 
  4.35  consultation is required under subdivision 1, the commissioner, 
  4.36  after the consultation required in subdivision 1, may require a 
  5.1   school district to submit preliminary and final plans for 
  5.2   approval.  The commissioner shall approve or disapprove the 
  5.3   plans within 90 days after submission. 
  5.4      Final plans shall meet all applicable state laws, rules, 
  5.5   and codes concerning public buildings, including sections 16B.59 
  5.6   to 16B.73, and, when cost-effective, the department of 
  5.7   administration's and the department of commerce's B3 project 
  5.8   guidelines established under Laws 2001, chapter 212, article 1, 
  5.9   sections 2 and 3.  
  5.10     Sec. 5.  Minnesota Statutes 2002, section 123B.71, 
  5.11  subdivision 9, is amended to read: 
  5.12     Subd. 9.  [INFORMATION REQUIRED.] A school board proposing 
  5.13  to construct a facility described in subdivision 8 shall submit 
  5.14  to the commissioner a proposal containing information including 
  5.15  at least the following: 
  5.16     (1) the geographic area and population to be served, 
  5.17  preschool through grade 12 student enrollments for the past five 
  5.18  years, and student enrollment projections for the next five 
  5.19  years; 
  5.20     (2) a list of existing facilities by year constructed, 
  5.21  their uses, and an assessment of the extent to which alternate 
  5.22  facilities are available within the school district boundaries 
  5.23  and in adjacent school districts; 
  5.24     (3) a list of the specific deficiencies of the facility 
  5.25  that demonstrate the need for a new or renovated facility to be 
  5.26  provided, and a list of the specific benefits that the new or 
  5.27  renovated facility will provide to the students, teachers, and 
  5.28  community users served by the facility; 
  5.29     (4) the relationship of the project to any priorities 
  5.30  established by the school district, educational cooperatives 
  5.31  that provide support services, or other public bodies in the 
  5.32  service area; 
  5.33     (5) a specification of how the project will increase 
  5.34  community use of the facility and whether and how the project 
  5.35  will increase collaboration with other governmental or nonprofit 
  5.36  entities; 
  6.1      (6) a description of the project, including the 
  6.2   specification of site and outdoor space acreage and square 
  6.3   footage allocations for classrooms, laboratories, and support 
  6.4   spaces; estimated expenditures for the major portions of the 
  6.5   project; and the dates the project will begin and be completed; 
  6.6      (7) a specification of the source of financing the project; 
  6.7   the scheduled date for a bond issue or school board action; a 
  6.8   schedule of payments, including debt service equalization aid; 
  6.9   and the effect of a bond issue on local property taxes by the 
  6.10  property class and valuation; 
  6.11     (8) an analysis of how the proposed new or remodeled 
  6.12  facility will affect school district operational or 
  6.13  administrative staffing costs, and how the district's operating 
  6.14  budget will cover any increased operational or administrative 
  6.15  staffing costs; 
  6.16     (9) a description of the consultation with local or state 
  6.17  road and transportation officials on school site access and 
  6.18  safety issues, and the ways that the project will address those 
  6.19  issues; 
  6.20     (10) a description of how indoor air quality issues have 
  6.21  been considered and a certification that the architects and 
  6.22  engineers designing the facility will have professional 
  6.23  liability insurance; 
  6.24     (11) as required under section 123B.72, for buildings 
  6.25  coming into service after July 1, 2002, a certification that the 
  6.26  plans and designs for the extensively renovated or new 
  6.27  facility's heating, ventilation, and air conditioning systems 
  6.28  will meet or exceed code standards; will provide for the 
  6.29  monitoring of outdoor airflow and total airflow of ventilation 
  6.30  systems; and will provide an indoor air quality filtration 
  6.31  system that meets ASHRAE standard 52.1; 
  6.32     (12) a specification of any desegregation requirements that 
  6.33  cannot be met by any other reasonable means; and 
  6.34     (13) a specification, if applicable, of how the facility 
  6.35  will utilize environmentally sustainable school facility design 
  6.36  concepts and, when cost-effective, comply with the department of 
  7.1   administration's and the department of commerce's B3 project 
  7.2   guidelines established under Laws 2001, chapter 212, article 1, 
  7.3   sections 2 and 3.