HF 3512

2nd 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; establishing a pilot project; requiring reports and rulemaking; 1.4appropriating money;amending Minnesota Statutes 2008, section 240A.09; 1.5proposing coding for new law in Minnesota Statutes, chapter 144; repealing 1.6Minnesota Statutes 2008, section 144.1222, subdivision 3. 1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 1.8    Section 1. new text begin [144.1223] ENCLOSED SPORTS ARENAS. new text end 1.9     new text begin Subdivision 1. new text end new text begin Indoor air quality; responsibility. new text end new text begin The commissioner of health new text end 1.10 new text begin shall be responsible for the adoption of rules and enforcement of applicable laws and rules new text end 1.11 new text begin relating to indoor air quality in the operation and maintenance of enclosed sports arenas. new text end 1.12     new text begin Subd. 2. new text end new text begin Indoor ice arenas; license required. new text end new text begin (a) After March 1, 2011, an indoor new text end 1.13 new text begin ice arena may not operate without a valid license issued by the commissioner. An indoor new text end 1.14 new text begin ice arena license must be renewed annually. An application for a new or renewed indoor new text end 1.15 new text begin ice arena license must be accompanied by a fee as follows: new text end 1.16 new text begin (1) $200 for an indoor ice arena that does not use either ice resurfacing or ice edging new text end 1.17 new text begin equipment that is exclusively powered by electricity; new text end 1.18 new text begin (2) $100 for an indoor ice arena that uses either ice resurfacing or ice edging new text end 1.19 new text begin equipment that is exclusively powered by electricity; and new text end 1.20 new text begin (3) $50 for an indoor ice arena that uses both ice resurfacing and ice edging new text end 1.21 new text begin equipment that is exclusively powered by electricity. new text end 1.22 new text begin (b) An application for a license under this section shall be made on a form developed new text end 1.23 new text begin by the commissioner that includes, at a minimum, the following information: new text end 1.24 new text begin (1) for each piece of ice resurfacing and ice edging equipment operated at the new text end 1.25 new text begin facility, the brand, model number, and year of manufacture; new text end 2.1 new text begin (2) the name of the trained operator designated under subdivision 3; and new text end 2.2 new text begin (3) documentation from a qualified technician establishing that the ice resurfacing new text end 2.3 new text begin equipment was properly tuned and tested for carbon monoxide, nitrogen dioxide, and new text end 2.4 new text begin hydrocarbon emissions, as applicable, during the previous year and was found to meet the new text end 2.5 new text begin manufacturer's specifications for those emissions. new text end 2.6 new text begin (c) The commissioner may revoke a license issued under this subdivision for new text end 2.7 new text begin violations of subdivisions 2 to 4. new text end 2.8 new text begin (d) An indoor ice arena regulatory account is established in the special revenue new text end 2.9 new text begin fund. The commissioner of health shall deposit all revenues from licenses issued under new text end 2.10 new text begin this subdivision in the indoor ice arena regulatory account. All money in the account is new text end 2.11 new text begin annually appropriated from the indoor ice arena regulatory account to the commissioner of new text end 2.12 new text begin health for the purpose of administering the statutes and rules governing indoor ice arenas. new text end 2.13 new text begin (e) For the purposes of sections 1 to 4, "indoor ice arena" means any building with a new text end 2.14 new text begin roof and a majority of the sides closed which contains an ice rink. new text end 2.15     new text begin Subd. 3. new text end new text begin Indoor ice arenas; operator training and certificate. new text end new text begin (a) After March new text end 2.16 new text begin 1, 2011, no indoor ice arena may operate without a trained indoor ice arena operator, new text end 2.17 new text begin designated by the owner or operator of the indoor ice arena, who holds a valid indoor ice new text end 2.18 new text begin arena certificate issued by the commissioner of health. A trained indoor ice arena operator new text end 2.19 new text begin must be present or available on call whenever the indoor ice arena is open for use and is new text end 2.20 new text begin responsible for direct operation of the indoor ice arena, for compliance with subdivision 4, new text end 2.21 new text begin and for meeting and maintaining indoor air quality standards. new text end 2.22 new text begin (b) The commissioner of health shall issue an indoor ice arena operator certificate new text end 2.23 new text begin to a person who has completed a course of training approved by the commissioner that new text end 2.24 new text begin addresses issues regarding air quality in indoor ice arenas, and may include: new text end 2.25 new text begin (1) proper maintenance of equipment to minimize potential emissions of carbon new text end 2.26 new text begin monoxide and nitrogen dioxide; new text end 2.27 new text begin (2) proper maintenance and operation of ventilation equipment to comply with state new text end 2.28 new text begin limits on levels of carbon monoxide and nitrogen dioxide in indoor ice arenas; new text end 2.29 new text begin (3) proper calibration, accuracy testing, maintenance, and operation of equipment to new text end 2.30 new text begin measure the levels of carbon monoxide and nitrogen dioxide in indoor ice arenas; new text end 2.31 new text begin (4) Minnesota Rules pertaining to air quality in indoor ice arenas; and new text end 2.32 new text begin (5) recognition of the signs of exposure to elevated levels of carbon monoxide. new text end 2.33 new text begin The commissioner of health shall consult with the Minnesota Ice Arena Managers new text end 2.34 new text begin Association, the League of Minnesota Cities, and school districts to continually revise and new text end 2.35 new text begin update the content of ice arena operator training. new text end 3.1 new text begin (c) To maintain the validity of an ice arena operator certificate, an ice arena operator new text end 3.2 new text begin must attend a course of training approved by the commissioner every three years. new text end 3.3     new text begin Subd. 4. new text end new text begin Indoor ice arenas; required equipment. new text end new text begin (a) After March 1, 2011, an new text end 3.4 new text begin indoor ice arena may allow public entry by skaters or spectators after a device powered by new text end 3.5 new text begin an internal combustion engine, other than ice resurfacing equipment, has been operated in new text end 3.6 new text begin the indoor ice arena, only after a test of indoor air quality determines that all applicable new text end 3.7 new text begin indoor air quality standards have been met. new text end 3.8 new text begin (b) After January 1, 2015, an indoor ice arena operating in this state must: new text end 3.9 new text begin (1) use ice resurfacing and ice edging equipment that is exclusively powered by new text end 3.10 new text begin electricity; or new text end 3.11 new text begin (2) contain an operational and properly calibrated electronic indoor air monitoring new text end 3.12 new text begin device that continuously monitors and records the concentration of carbon monoxide and new text end 3.13 new text begin nitrogen dioxide in the air inside the ice arena. An indoor ice arena may contract with new text end 3.14 new text begin a qualified entity to properly calibrate and maintain the operation and accuracy of an new text end 3.15 new text begin electronic indoor air monitoring and recording device. new text end 3.16 new text begin (c) By December 1, 2014, an indoor ice arena operator must notify the commissioner new text end 3.17 new text begin of health in writing whether the indoor ice arena has elected to comply with paragraph new text end 3.18 new text begin (b), clause (1) or (2). new text end 3.19 new text begin (d) A waiver from the requirements of this subdivision is granted to an indoor ice new text end 3.20 new text begin arena that demonstrates to the satisfaction of the Department of Health that the capacity of new text end 3.21 new text begin its air handling system is sufficient in relation to the airspace within the arena to make new text end 3.22 new text begin the risk of failing to meet applicable air quality standards insignificant. The Department new text end 3.23 new text begin of Health may set conditions, including air quality testing protocols, on exemptions new text end 3.24 new text begin granted under this subdivision. new text end 3.25 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 3.26    Sec. 2. Minnesota Statutes 2008, section 240A.09, is amended to read: 3.27240A.09 PLAN DEVELOPMENT; CRITERIA. 3.28The Minnesota Amateur Sports Commission shall develop a plan to promote the 3.29development of proposals for new statewide public ice facilities including proposals for 3.30ice centers and matching grants based on the criteria in this section. 3.31(a) For ice center proposals, the commission will give priority to proposals that 3.32come from more than one local government unit. Institutions of higher education are not 3.33eligible to receive a grant. 4.1(b) In the metropolitan area as defined in section 473.121, subdivision 2, the 4.2commission is encouraged to give priority to the following proposals: 4.3(1) new text begin proposals for renovation and indoor air quality improvements at an existing new text end 4.4 new text begin indoor ice arena; new text end 4.5 new text begin (2) new text end proposals for construction of two or more ice sheets in a single new facility; 4.6(2) new text begin (3) new text end proposals for construction of an additional sheet of ice at an existing ice 4.7center; 4.8(3) new text begin (4) new text end proposals for construction of a new, single sheet of ice as part of a sports 4.9complex with multiple sports facilities; and 4.10(4) new text begin (5) new text end proposals for construction of a new, single sheet of ice that will be expanded 4.11to a two-sheet facility in the future. 4.12(c) The commission shall administer a site selection process for the ice centers. The 4.13commission shall invite proposals from cities or counties or consortia of cities. A proposal 4.14for an ice center must include matching contributions including in-kind contributions of 4.15land, access roadways and access roadway improvements, and necessary utility services, 4.16landscaping, and parking. 4.17(d) Proposals for ice centers and matching grants must provide for meeting the 4.18demand for ice time for female groups by offering up to 50 percent of prime ice time, as 4.19needed, to female groups. For purposes of this section, prime ice time means the hours 4.20of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays 4.21and Sundays. 4.22(e) The location for all proposed facilities must be in areas of maximum 4.23demonstrated interest and must maximize accessibility to an arterial highway. 4.24(f) To the extent possible, all proposed facilities must be dispersed equitably, must 4.25be located to maximize potential for full utilization and profitable operation, and must 4.26accommodate noncompetitive family and community skating for all ages. 4.27(g) The commission may also use the money to upgrade current facilities, purchase 4.28girls' ice time, or conduct amateur women's hockey and other ice sport tournaments. 4.29(h) To the extent possible, 50 percent of all grants must be awarded to communities 4.30in greater Minnesota. 4.31(i) To the extent possible, technical assistance shall be provided to Minnesota 4.32communities by the commission on ice arena planning, design, new text begin redesign, renovation of air new text end 4.33 new text begin handling systems, new text end and operation, including the marketing of ice time. 4.34(j) A grant for new facilities may not exceed $250,000. 4.35(k) The commission may make grants for rehabilitation and renovation. A 4.36rehabilitation or renovation grant may not exceed $100,000 new text begin $200,000 new text end . Priority must be 5.1given to grant applications for indoor air quality improvements, including zero emission 5.2ice resurfacing equipment new text begin and upgrading ventilation systems that include electronic new text end 5.3 new text begin indoor air monitoring and recording devices. After January 1, 2013, no grant may be new text end 5.4 new text begin made under this paragraph unless the application includes capital expenditures for indoor new text end 5.5 new text begin air quality improvements that will enable the facility to comply with the requirements new text end 5.6 new text begin of section 144.1223, subdivision 4, and any associated rules, or the applicant provides new text end 5.7 new text begin documentation from the commissioner of health that the facility is in compliance with new text end 5.8 new text begin those requirements at the time of application and will continue to be in compliance after new text end 5.9 new text begin the rehabilitation or renovation is completed. The provisions of this paragraph also apply new text end 5.10 new text begin to grants made to upgrade current facilities under paragraph (g) new text end . 5.11(l) Grant money may be used for ice centers designed for sports other than hockey. 5.12(m) Grant money may be used to upgrade existing facilities to comply with the 5.13bleacher safety requirements of section 326B.112. 5.14 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 5.15    Sec. 3. new text begin PILOT PROJECT. new text end 5.16 new text begin By July 1, 2012, the commissioner of health must, in consultation with indoor ice new text end 5.17 new text begin arena operators, vendors of indoor air quality monitors, and the Minnesota Ice Arena new text end 5.18 new text begin Managers Association, begin to identify and evaluate electronic indoor air monitoring new text end 5.19 new text begin devices to determine those that meet the requirements of this section and are approved new text end 5.20 new text begin for use in Minnesota. For each approved monitor, the department must recommend a new text end 5.21 new text begin calibration schedule and must specify where the monitor must be located in an indoor ice new text end 5.22 new text begin arena in order to be effective. By September 1, 2013, the commissioner shall submit new text end 5.23 new text begin a report to the Minnesota Amateur Sports Commission and to the chairs and ranking new text end 5.24 new text begin minority members of the senate and house of representatives committees with primary new text end 5.25 new text begin jurisdiction over public health policy and financing and cultural and outdoor resources new text end 5.26 new text begin financing containing information on the evaluation results, a list of approved electronic new text end 5.27 new text begin indoor air monitoring devices, and operational recommendations. new text end 5.28    Sec. 4. new text begin INDOOR ICE ARENAS; RULEMAKING. new text end 5.29 new text begin The Department of Health must incorporate the following items into its current new text end 5.30 new text begin rulemaking governing air quality in indoor ice arenas: new text end 5.31 new text begin (1) standards limiting the concentration of carbon monoxide and nitrogen dioxide new text end 5.32 new text begin must address both acute and chronic exposure, must include a one-hour and eight-hour new text end 5.33 new text begin limit, and must be reviewed every five years; new text end 6.1 new text begin (2) recorded monitoring data from electronic indoor air monitoring devices must be new text end 6.2 new text begin available to the Department of Health upon request; new text end 6.3 new text begin (3) requirements for indoor ice arenas that elect to be governed under Minnesota new text end 6.4 new text begin Statutes, section 144.1223, subdivision 4, paragraph (b), clause (2), to take specified new text end 6.5 new text begin corrective measures to protect public health in response to elevated concentration new text end 6.6 new text begin levels of carbon monoxide and nitrogen dioxide, as determined by the Department of new text end 6.7 new text begin Health, including operating ventilation equipment at increased levels or more frequently, new text end 6.8 new text begin evacuating the arena, and establishing conditions for re-occupancy of the arena; and new text end 6.9 new text begin (4) a requirement that by August 1, 2012, and each year thereafter, the Department new text end 6.10 new text begin of Health must submit a report to the chairs and ranking minority members of the senate new text end 6.11 new text begin and house of representatives committees with primary jurisdiction over public health that new text end 6.12 new text begin contains the following information with respect to indoor air quality in ice arenas for new text end 6.13 new text begin each of the preceding three calendar years: new text end 6.14 new text begin (i) a list of on-site inspections of ice arenas made by the department, including the new text end 6.15 new text begin date of each inspection; new text end 6.16 new text begin (ii) the list of violations of indoor air quality standards, reporting requirements, or new text end 6.17 new text begin other requirements of Minnesota Rules, chapter 4620, by ice arenas; new text end 6.18 new text begin (iii) a list of enforcement actions taken against violators listed in item (ii), or any new text end 6.19 new text begin other actions taken to return violators to compliance; new text end 6.20 new text begin (iv) the number of certificates of approval the commissioner of health refused to issue new text end 6.21 new text begin due to insufficient documentation of maintenance of acceptable air quality conditions; new text end 6.22 new text begin (v) the number of certificates of approval suspended, revoked, or reinstated by the new text end 6.23 new text begin commissioner due to violations of air quality rules; and new text end 6.24 new text begin (vi) the number of variances to air quality rules granted to ice arenas by the new text end 6.25 new text begin commissioner of health. new text end 6.26 new text begin The department must also post the information in items (i) to (vi) on its Web site. new text end 6.27 new text begin EFFECTIVE DATE. new text end new text begin This section is effective the day following final enactment. new text end 6.28    Sec. 5. new text begin REVISOR'S INSTRUCTION. new text end 6.29 new text begin The revisor of statutes shall delete "; ENCLOSED SPORTS ARENAS" from the new text end 6.30 new text begin headnote to Minnesota Statutes 2008, section 144.1222. new text end 6.31    Sec. 6. new text begin REPEALER. new text end 6.32 new text begin Minnesota Statutes 2008, section 144.1222, subdivision 3, new text end new text begin is repealed. new text end