1.1A bill for an act1.2relating 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. [144.1223] ENCLOSED SPORTS ARENAS.1.9    Subdivision 1.Indoor air quality; responsibility.The commissioner of health 1.10shall be responsible for the adoption of rules and enforcement of applicable laws and rules 1.11relating to indoor air quality in the operation and maintenance of enclosed sports arenas.1.12    Subd. 2.Indoor ice arenas; license required.(a) After March 1, 2011, an indoor 1.13ice arena may not operate without a valid license issued by the commissioner. An indoor 1.14ice arena license must be renewed annually. An application for a new or renewed indoor 1.15ice arena license must be accompanied by a fee as follows:1.16(1) $200 for an indoor ice arena that does not use either ice resurfacing or ice edging 1.17equipment that is exclusively powered by electricity;1.18(2) $100 for an indoor ice arena that uses either ice resurfacing or ice edging 1.19equipment that is exclusively powered by electricity; and1.20(3) $50 for an indoor ice arena that uses both ice resurfacing and ice edging 1.21equipment that is exclusively powered by electricity.1.22(b) An application for a license under this section shall be made on a form developed 1.23by the commissioner that includes, at a minimum, the following information:1.24(1) for each piece of ice resurfacing and ice edging equipment operated at the 1.25facility, the brand, model number, and year of manufacture;2.1(2) the name of the trained operator designated under subdivision 3; and2.2(3) documentation from a qualified technician establishing that the ice resurfacing 2.3equipment was properly tuned and tested for carbon monoxide, nitrogen dioxide, and 2.4hydrocarbon emissions, as applicable, during the previous year and was found to meet the 2.5manufacturer's specifications for those emissions. 2.6(c) The commissioner may revoke a license issued under this subdivision for 2.7violations of subdivisions 2 to 4.2.8(d) An indoor ice arena regulatory account is established in the special revenue 2.9fund. The commissioner of health shall deposit all revenues from licenses issued under 2.10this subdivision in the indoor ice arena regulatory account. All money in the account is 2.11annually appropriated from the indoor ice arena regulatory account to the commissioner of 2.12health for the purpose of administering the statutes and rules governing indoor ice arenas.2.13(e) For the purposes of sections 1 to 4, "indoor ice arena" means any building with a 2.14roof and a majority of the sides closed which contains an ice rink. 2.15    Subd. 3.Indoor ice arenas; operator training and certificate.(a) After March 2.161, 2011, no indoor ice arena may operate without a trained indoor ice arena operator, 2.17designated by the owner or operator of the indoor ice arena, who holds a valid indoor ice 2.18arena certificate issued by the commissioner of health. A trained indoor ice arena operator 2.19must be present or available on call whenever the indoor ice arena is open for use and is 2.20responsible for direct operation of the indoor ice arena, for compliance with subdivision 4, 2.21and for meeting and maintaining indoor air quality standards.2.22(b) The commissioner of health shall issue an indoor ice arena operator certificate 2.23to a person who has completed a course of training approved by the commissioner that 2.24addresses issues regarding air quality in indoor ice arenas, and may include:2.25(1) proper maintenance of equipment to minimize potential emissions of carbon 2.26monoxide and nitrogen dioxide;2.27(2) proper maintenance and operation of ventilation equipment to comply with state 2.28limits on levels of carbon monoxide and nitrogen dioxide in indoor ice arenas;2.29(3) proper calibration, accuracy testing, maintenance, and operation of equipment to 2.30measure the levels of carbon monoxide and nitrogen dioxide in indoor ice arenas;2.31(4) Minnesota Rules pertaining to air quality in indoor ice arenas; and2.32(5) recognition of the signs of exposure to elevated levels of carbon monoxide.2.33The commissioner of health shall consult with the Minnesota Ice Arena Managers 2.34Association, the League of Minnesota Cities, and school districts to continually revise and 2.35update the content of ice arena operator training. 3.1(c) To maintain the validity of an ice arena operator certificate, an ice arena operator 3.2must attend a course of training approved by the commissioner every three years.3.3    Subd. 4.Indoor ice arenas; required equipment.(a) After March 1, 2011, an 3.4indoor ice arena may allow public entry by skaters or spectators after a device powered by 3.5an internal combustion engine, other than ice resurfacing equipment, has been operated in 3.6the indoor ice arena, only after a test of indoor air quality determines that all applicable 3.7indoor air quality standards have been met.3.8(b) After January 1, 2015, an indoor ice arena operating in this state must:3.9(1) use ice resurfacing and ice edging equipment that is exclusively powered by 3.10electricity; or3.11(2) contain an operational and properly calibrated electronic indoor air monitoring 3.12device that continuously monitors and records the concentration of carbon monoxide and 3.13nitrogen dioxide in the air inside the ice arena. An indoor ice arena may contract with 3.14a qualified entity to properly calibrate and maintain the operation and accuracy of an 3.15electronic indoor air monitoring and recording device.3.16(c) By December 1, 2014, an indoor ice arena operator must notify the commissioner 3.17of health in writing whether the indoor ice arena has elected to comply with paragraph 3.18(b), clause (1) or (2).3.19(d) A waiver from the requirements of this subdivision is granted to an indoor ice 3.20arena that demonstrates to the satisfaction of the Department of Health that the capacity of 3.21its air handling system is sufficient in relation to the airspace within the arena to make 3.22the risk of failing to meet applicable air quality standards insignificant. The Department 3.23of Health may set conditions, including air quality testing protocols, on exemptions 3.24granted under this subdivision.3.25EFFECTIVE DATE.This section is effective the day following final enactment.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) proposals for renovation and indoor air quality improvements at an existing 4.4indoor ice arena;4.5(2) proposals for construction of two or more ice sheets in a single new facility;4.6(2) (3) proposals for construction of an additional sheet of ice at an existing ice 4.7center;4.8(3) (4) proposals for construction of a new, single sheet of ice as part of a sports 4.9complex with multiple sports facilities; and4.10(4) (5) 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, redesign, renovation of air 4.33handling systems, 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 $200,000. Priority must be 5.1given to grant applications for indoor air quality improvements, including zero emission 5.2ice resurfacing equipment and upgrading ventilation systems that include electronic 5.3indoor air monitoring and recording devices. After January 1, 2013, no grant may be 5.4made under this paragraph unless the application includes capital expenditures for indoor 5.5air quality improvements that will enable the facility to comply with the requirements 5.6of section 144.1223, subdivision 4, and any associated rules, or the applicant provides 5.7documentation from the commissioner of health that the facility is in compliance with 5.8those requirements at the time of application and will continue to be in compliance after 5.9the rehabilitation or renovation is completed.  The provisions of this paragraph also apply 5.10to grants made to upgrade current facilities under paragraph (g).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. 5.14EFFECTIVE DATE.This section is effective the day following final enactment.5.15    Sec. 3. PILOT PROJECT.5.16By July 1, 2012, the commissioner of health must, in consultation with indoor ice 5.17arena operators, vendors of indoor air quality monitors, and the Minnesota Ice Arena 5.18Managers Association, begin to identify and evaluate electronic indoor air monitoring 5.19devices to determine those that meet the requirements of this section and are approved 5.20for use in Minnesota. For each approved monitor, the department must recommend a 5.21calibration schedule and must specify where the monitor must be located in an indoor ice 5.22arena in order to be effective. By September 1, 2013, the commissioner shall submit 5.23a report to the Minnesota Amateur Sports Commission and to the chairs and ranking 5.24minority members of the senate and house of representatives committees with primary 5.25jurisdiction over public health policy and financing and cultural and outdoor resources 5.26financing containing information on the evaluation results, a list of approved electronic 5.27indoor air monitoring devices, and operational recommendations.5.28    Sec. 4. INDOOR ICE ARENAS; RULEMAKING.5.29The Department of Health must incorporate the following items into its current 5.30rulemaking governing air quality in indoor ice arenas:5.31(1) standards limiting the concentration of carbon monoxide and nitrogen dioxide 5.32must address both acute and chronic exposure, must include a one-hour and eight-hour 5.33limit, and must be reviewed every five years;6.1(2) recorded monitoring data from electronic indoor air monitoring devices must be 6.2available to the Department of Health upon request;6.3(3) requirements for indoor ice arenas that elect to be governed under Minnesota 6.4Statutes, section 144.1223, subdivision 4, paragraph (b), clause (2), to take specified 6.5corrective measures to protect public health in response to elevated concentration 6.6levels of carbon monoxide and nitrogen dioxide, as determined by the Department of 6.7Health, including operating ventilation equipment at increased levels or more frequently, 6.8evacuating the arena, and establishing conditions for re-occupancy of the arena; and6.9(4) a requirement that by August 1, 2012, and each year thereafter, the Department 6.10of Health must submit a report to the chairs and ranking minority members of the senate 6.11and house of representatives committees with primary jurisdiction over public health that 6.12contains the following information with respect to indoor air quality in ice arenas for 6.13each of the preceding three calendar years:6.14(i) a list of on-site inspections of ice arenas made by the department, including the 6.15date of each inspection;6.16(ii) the list of violations of indoor air quality standards, reporting requirements, or 6.17other requirements of Minnesota Rules, chapter 4620, by ice arenas;6.18(iii) a list of enforcement actions taken against violators listed in item (ii), or any 6.19other actions taken to return violators to compliance;6.20(iv) the number of certificates of approval the commissioner of health refused to issue 6.21due to insufficient documentation of maintenance of acceptable air quality conditions;6.22(v) the number of certificates of approval suspended, revoked, or reinstated by the 6.23commissioner due to violations of air quality rules; and6.24(vi) the number of variances to air quality rules granted to ice arenas by the 6.25commissioner of health.6.26The department must also post the information in items (i) to (vi) on its Web site.6.27EFFECTIVE DATE.This section is effective the day following final enactment.6.28    Sec. 5. REVISOR'S INSTRUCTION.6.29The revisor of statutes shall delete "; ENCLOSED SPORTS ARENAS" from the 6.30headnote to Minnesota Statutes 2008, section 144.1222.6.31    Sec. 6.  REPEALER.6.32Minnesota Statutes 2008, section 144.1222, subdivision 3, is repealed.