HF 1176

as introduced - 87th Legislature (2011 - 2012) Posted on 03/16/2011 10:05am

A bill for an act
relating to education finance; modifying the uses of alternative facilities revenue;
amending Minnesota Statutes 2010, section 123B.59, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2010, 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, deleted text begin or deleted text end to make fire, safety, or health repairs new text begin , or otherwise implement its
ten-year facility plan according to subdivision 2 new text end ; 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.

(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 taxes payable in 2012 and later.
new text end

Sec. 2.

Minnesota Statutes 2010, 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 deleted text begin that includes deleted text end new text begin . The
facility plan must include new text end an inventory of new text begin eligible new text end projects and costs deleted text begin that would be eligible
for deleted text end new text begin . Eligible projects include new text end :

(1) new text begin projects that qualify for new text end health and safety revenue, without restriction as to
project size;

(2) new text begin projects that qualify for the new text end disabled access levy; deleted text begin and
deleted text end

(3) deferred capital expenditures and maintenance projects necessary to prevent
further erosion of facilities new text begin ;
new text end

new text begin (4) structural modifications to buildings for student and staff safety; and
new text end

new text begin (5) property assessments imposed by another unit of government for street and
utility work new text end .

(b) A district qualifying under subdivision 1, paragraph (b), must have a five-year
plan 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 EFFECTIVE DATE. new text end

new text begin This section is effective for taxes payable in 2012 and later.
new text end