HF 3512

1st Committee Engrossment - 86th Legislature (2009 - 2010)

Posted on 03/19/2013 07:29 p.m.

1.1A bill for an act 1.2relating to health; regulating indoor air quality for indoor ice arenas; establishing 1.3licensing fees; requiring reports and rulemaking; appropriating money;amending 1.4Minnesota Statutes 2008, sections 144.1222, by adding subdivisions; 240A.09. 1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.6    Section 1. Minnesota Statutes 2008, section 144.1222, is amended by adding a 1.7subdivision to read: 1.8     new text begin Subd. 3a. new text end new text begin Indoor ice arenas; license required. new text end new text begin (a) A person may not operate new text end 1.9 new text begin an indoor ice arena unless the indoor ice arena has been issued a valid license by the new text end 1.10 new text begin commissioner. An indoor ice arena license must be renewed annually. An application new text end 1.11 new text begin for a new or renewed indoor ice arena license must be accompanied by a fee of $150. new text end 1.12 new text begin The commissioner may revoke a license issued under this subdivision for violations of new text end 1.13 new text begin subdivisions 3a to 3c. new text end 1.14 new text begin (b) An indoor ice arena regulatory account is established in the special revenue fund. new text end 1.15 new text begin The commissioner of health shall deposit all revenues from licenses issued under this new text end 1.16 new text begin subdivision and subdivision 3c in the indoor ice arena regulatory account. All money in new text end 1.17 new text begin the account is annually appropriated from the indoor ice arena regulatory account to the new text end 1.18 new text begin commissioner of health for the purpose of administering the statutes and rules governing new text end 1.19 new text begin indoor ice arenas. new text end 1.20 new text begin (c) For the purposes of this subdivision and subdivisions 3b to 3c, "indoor ice arena" new text end 1.21 new text begin has the meaning given in Minnesota Rules, part 4620.4000, subpart 7. new text end 1.22 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.1    Sec. 2. Minnesota Statutes 2008, section 144.1222, is amended by adding a subdivision 2.2to read: 2.3     new text begin Subd. 3b. new text end new text begin Indoor ice arenas; operator training and certificate. new text end new text begin (a) After January new text end 2.4 new text begin 1, 2011, no person may operate an indoor ice arena without holding a valid indoor ice new text end 2.5 new text begin arena operator certificate issued by the commissioner of health. new text end 2.6 new text begin (b) The commissioner of health shall issue an indoor ice arena operator certificate to new text end 2.7 new text begin a person who has completed a course of training that includes instruction on the following new text end 2.8 new text begin topics: new text end 2.9 new text begin (1) proper maintenance of ice resurfacing and ice edging equipment to minimize new text end 2.10 new text begin potential emissions of carbon monoxide and nitrogen dioxide; new text end 2.11 new text begin (2) proper maintenance and operation of ventilation equipment to comply with state new text end 2.12 new text begin limits on levels of carbon monoxide and nitrogen dioxide in indoor ice arenas; new text end 2.13 new text begin (3) proper calibration, accuracy testing, maintenance, and operation of equipment to new text end 2.14 new text begin measure the levels of carbon monoxide and nitrogen dioxide in indoor ice arenas; new text end 2.15 new text begin (4) Minnesota Rules pertaining to air quality in indoor ice arenas; and new text end 2.16 new text begin (5) recognition of the signs of acute and chronic exposure to elevated levels of new text end 2.17 new text begin carbon monoxide and nitrogen dioxide. new text end 2.18 new text begin The commissioner of health shall consult with the Minnesota Ice Arena Managers' new text end 2.19 new text begin Association, the League of Minnesota Cities, and school districts to continually revise and new text end 2.20 new text begin update the content of ice arena operator training. new text end 2.21 new text begin (c) To maintain the validity of an ice arena operator certificate, an ice arena operator new text end 2.22 new text begin must annually attend a course of training approved by the commissioner. new text end 2.23 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 2.24    Sec. 3. Minnesota Statutes 2008, section 144.1222, is amended by adding a subdivision 2.25to read: 2.26     new text begin Subd. 3c. new text end new text begin Indoor ice arenas; required equipment. new text end new text begin (a) After January 1, 2011, no new text end 2.27 new text begin indoor ice arena may operate in this state unless all nonelectric ice resurfacing and ice new text end 2.28 new text begin edging equipment operated in the indoor ice arena is equipped with a properly tuned new text end 2.29 new text begin three-way catalytic converter or an equivalent device that reduces emissions of carbon new text end 2.30 new text begin monoxide, nitrogen oxides, and hydrocarbons. new text end 2.31 new text begin (b) After January 1, 2015, an indoor ice arena using ice resurfacing and ice edging new text end 2.32 new text begin equipment powered exclusively by electricity may only operate a device powered by an new text end 2.33 new text begin internal combustion engine within the indoor ice arena if it has been issued a permit to do new text end 2.34 new text begin so by the commissioner of health. A permit issued under this paragraph is valid for a time new text end 2.35 new text begin period to be determined by the commissioner. However, a permit issued under this section new text end 3.1 new text begin may not be used to evade an indoor ice arena's responsibility to comply with paragraph new text end 3.2 new text begin (c). An application for a permit issued under this paragraph must be accompanied by a new text end 3.3 new text begin fee of $75. new text end 3.4 new text begin (c) After January 1, 2015, no indoor ice arena may operate in this state unless all new text end 3.5 new text begin ice resurfacing and ice edging equipment operated in the indoor ice arena is powered new text end 3.6 new text begin exclusively by electricity, unless the ice arena operator elects to be subject to paragraph (d). new text end 3.7 new text begin (d) After January 1, 2015, no indoor ice arena may operate in this state unless the new text end 3.8 new text begin indoor ice arena contains an operational and properly calibrated electronic air monitoring new text end 3.9 new text begin device that continuously monitors the concentration of carbon monoxide and nitrogen new text end 3.10 new text begin dioxide in the air inside an ice arena and is connected to an alarm set to activate when new text end 3.11 new text begin the concentration of carbon monoxide in the facility reaches 12.5 parts per million or the new text end 3.12 new text begin concentration of nitrogen dioxide in the facility reaches 0.3 parts per million. An indoor new text end 3.13 new text begin ice arena operator must send the Department of Health a photograph showing the location new text end 3.14 new text begin where the electronic monitoring device is installed in relation to the ice sheet. new text end 3.15 new text begin An indoor ice arena operator may elect to comply with the requirements of this new text end 3.16 new text begin paragraph rather than the requirements of paragraph (b) by notifying the commissioner of new text end 3.17 new text begin health of that intent in writing. new text end 3.18 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 3.19    Sec. 4. Minnesota Statutes 2008, section 240A.09, is amended to read: 3.20240A.09 PLAN DEVELOPMENT; CRITERIA. 3.21The Minnesota Amateur Sports Commission shall develop a plan to promote the 3.22development of proposals for new statewide public ice facilities including proposals for 3.23ice centers and matching grants based on the criteria in this section. 3.24(a) For ice center proposals, the commission will give priority to proposals that 3.25come from more than one local government unit. Institutions of higher education are not 3.26eligible to receive a grant. 3.27(b) In the metropolitan area as defined in section 473.121, subdivision 2, the 3.28commission is encouraged to give priority to the following proposals: 3.29(1) proposals for construction of two or more ice sheets in a single new facility; 3.30(2) proposals for construction of an additional sheet of ice at an existing ice center; 3.31(3) proposals for construction of a new, single sheet of ice as part of a sports complex 3.32with multiple sports facilities; and 3.33(4) proposals for construction of a new, single sheet of ice that will be expanded to a 3.34two-sheet facility in the future. 4.1(c) The commission shall administer a site selection process for the ice centers. The 4.2commission shall invite proposals from cities or counties or consortia of cities. A proposal 4.3for an ice center must include matching contributions including in-kind contributions of 4.4land, access roadways and access roadway improvements, and necessary utility services, 4.5landscaping, and parking. 4.6(d) Proposals for ice centers and matching grants must provide for meeting the 4.7demand for ice time for female groups by offering up to 50 percent of prime ice time, as 4.8needed, to female groups. For purposes of this section, prime ice time means the hours 4.9of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays 4.10and Sundays. 4.11(e) The location for all proposed facilities must be in areas of maximum 4.12demonstrated interest and must maximize accessibility to an arterial highway. 4.13(f) To the extent possible, all proposed facilities must be dispersed equitably, must 4.14be located to maximize potential for full utilization and profitable operation, and must 4.15accommodate noncompetitive family and community skating for all ages. 4.16(g) The commission may also use the money to upgrade current facilities, purchase 4.17girls' ice time, or conduct amateur women's hockey and other ice sport tournaments. 4.18(h) To the extent possible, 50 percent of all grants must be awarded to communities 4.19in greater Minnesota. 4.20(i) To the extent possible, technical assistance shall be provided to Minnesota 4.21communities by the commission on ice arena planning, design, and operation, including 4.22the marketing of ice time. 4.23(j) A grant for new facilities may not exceed $250,000. 4.24(k) The commission may make grants for rehabilitation and renovation. A 4.25rehabilitation or renovation grant may not exceed $100,000. Priority must be given to 4.26grant applications for indoor air quality improvements, including zero emission ice 4.27resurfacing equipment new text begin , upgrading ventilation systems, and purchasing and installing new text end 4.28 new text begin electronic air monitoring devices new text end . new text begin After January 1, 2013, no grant may be made under new text end 4.29 new text begin this paragraph unless the application includes capital expenditures for indoor air quality new text end 4.30 new text begin improvements that will enable the facility to comply with the requirements of section new text end 4.31 new text begin 144.1222, subdivisions 3a to 3c, and any associated rules, or the applicant provides new text end 4.32 new text begin documentation from the commissioner of health that the facility is in compliance with new text end 4.33 new text begin those requirements at the time of application and will continue to be in compliance after new text end 4.34 new text begin the rehabilitation or renovation is completed. The provisions of this paragraph also apply new text end 4.35 new text begin to grants made to upgrade current facilities under paragraph (g). new text end 4.36(l) Grant money may be used for ice centers designed for sports other than hockey. 5.1(m) Grant money may be used to upgrade existing facilities to comply with the 5.2bleacher safety requirements of section 326B.112. 5.3 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.4    Sec. 5. new text begin INDOOR ICE ARENAS; RULEMAKING. new text end 5.5 new text begin The Department of Health must, by January 1, 2011, establish in rule: new text end 5.6 new text begin (1) the proper location of electronic monitoring devices to accurately measure the new text end 5.7 new text begin concentration of carbon monoxide and nitrogen dioxide breathed by individuals on the new text end 5.8 new text begin ice sheet; new text end 5.9 new text begin (2) specifications and performance requirements for electronic air monitoring new text end 5.10 new text begin devices required under section 144.1222, subdivision 3c; new text end 5.11 new text begin (3) requirements for the placement of placards in indoor ice arenas that state that new text end 5.12 new text begin acute and chronic exposure to elevated levels of carbon monoxide and nitrogen dioxide new text end 5.13 new text begin that may be present in indoor ice arenas is hazardous to human health; new text end 5.14 new text begin (4) that when levels of concentration of carbon monoxide on the ice reaches 12.5 new text end 5.15 new text begin parts per million or the level of nitrogen dioxide reaches the level of 0.3 parts per million, new text end 5.16 new text begin the indoor ice arena operator must activate the facility's ventilation system for a period of new text end 5.17 new text begin time long enough to significantly reduce those levels; and new text end 5.18 new text begin (5) levels of concentration of carbon monoxide and nitrogen oxides in indoor ice new text end 5.19 new text begin arenas that, when reached, require specific actions to be taken by an ice arena operator to new text end 5.20 new text begin protect public health, including, but not limited to, evacuating the arena. new text end 5.21 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.22    Sec. 6. new text begin COMPLIANCE REPORT AND ENFORCEMENT PLAN ON INDOOR new text end 5.23 new text begin AIR QUALITY IN ICE ARENAS. new text end 5.24 new text begin (a) By August 1, 2010, the Department of Health shall submit a report to the chairs new text end 5.25 new text begin and ranking minority members of the senate and house of representatives committees new text end 5.26 new text begin with primary jurisdiction over public health that contains the following information with new text end 5.27 new text begin respect to indoor air quality in ice arenas for each of the preceding three calendar years: new text end 5.28 new text begin (1) a list of on-site inspections of ice arenas made by the department, including the new text end 5.29 new text begin date of each inspection; new text end 5.30 new text begin (2) the list of violations of indoor air quality standards, reporting requirements, or new text end 5.31 new text begin other requirements of Minnesota Rules, chapter 4620, by ice arenas; new text end 5.32 new text begin (3) a list of enforcement actions taken against violators listed in clause (2), or any new text end 5.33 new text begin other actions taken to return violators to compliance; new text end 6.1 new text begin (4) the number of certificates of approval the commissioner of health refused to issue new text end 6.2 new text begin due to insufficient documentation of maintenance of acceptable air quality conditions; new text end 6.3 new text begin (5) the number of certificates of approval suspended, revoked, or reinstated by the new text end 6.4 new text begin commissioner due to violations of air quality rules; new text end 6.5 new text begin (6) the number of ice arenas that failed to submit weekly air quality measurements new text end 6.6 new text begin as required by rule; and new text end 6.7 new text begin (7) the number of variances to air quality rules granted to ice arenas by the new text end 6.8 new text begin commissioner of health. new text end 6.9 new text begin The agency shall post the information in clauses (1) to (7) on its Web site. new text end 6.10 new text begin (b) By December 1, 2010, the Department of Health shall submit a plan to the chairs new text end 6.11 new text begin and ranking minority members of the senate and house of representatives committees new text end 6.12 new text begin with primary jurisdiction over public health describing how the agency will effectively new text end 6.13 new text begin enforce indoor air quality rules and other requirements pertaining to indoor ice arenas in new text end 6.14 new text begin Minnesota Rules, chapter 4620. new text end 6.15 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end