HF 3175

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; authorizing a school district to include energy
efficiency improvement projects in its alternative facilities plan; amending
Minnesota Statutes 2004, sections 123B.59, subdivisions 1, 2; 216C.37,
subdivision 2.

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

Section 1.

Minnesota Statutes 2004, 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 health and safety revenue and capital facilities
revenue to meet the requirements for deferred maintenance, to make accessibility
improvements, new text begin to make energy conservation investments, new text end 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 that would qualify for health and safety revenue except for the project size
limitation in section 123B.57, subdivision 1, paragraph (b); and

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

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2007.
new text end

Sec. 2.

Minnesota Statutes 2004, section 123B.59, subdivision 2, is amended to read:

Subd. 2.

Facility plan.

(a) A district qualifying under subdivision 1, paragraph
(a), must have a ten-year facility plan approved by the commissioner that includes an
inventory of projects and costs that would be eligible for:

(1) health and safety revenue, without restriction as to project size;

(2) disabled access levy; and

(3) deferred capital expenditures and maintenance projects necessary to prevent
further erosion of facilities.

(b) A district qualifying under subdivision 1, paragraph (b), must have a five-year
plan approved by the commissioner that includes an inventory of projects and costs for
health and safety projects with an estimated cost of $500,000 or more per site that would
qualify for health and safety revenue except for the project size limitation in section
123B.57, subdivision 1, paragraph (b).

(c) The school district must:

(1) annually update the plans;

(2) biennially submit a facility maintenance plan; and

(3) indicate whether the district will issue bonds to finance the plan or levy for
the costs.

new text begin (d) In order to make energy conservation investments to a school facility under this
section, a school district must first receive approval of its energy project study under
section 216C.37.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2007.
new text end

Sec. 3.

Minnesota Statutes 2004, section 216C.37, subdivision 2, is amended to read:

Subd. 2.

Eligibility.

new text begin (a) new text end The commissioner shall approve loans to municipalities
for energy conservation investments. A loan may be made to a municipality that has
demonstrated that it has complied with all the appropriate provisions of this section and
has made adequate provisions to assure proper and efficient operation of the municipal
facilities after improvements and modifications are completed.

new text begin (b) The commissioner may also approve a school district's energy project study
submitted under this section for inclusion in the school district's alternative facilities plan.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2006.
new text end