HF 369

as introduced - 89th Legislature (2015 - 2016) Posted on 02/12/2015 04:50pm

A bill for an act
relating to education finance; expanding health and safety revenue to include
facility modifications necessary to make school facilities more secure for students
and staff; amending Minnesota Statutes 2014, section 123B.57, subdivisions 6,
6a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2014, section 123B.57, subdivision 6, is amended to read:

Subd. 6.

Uses of health and safety revenue.

(a) Health and safety revenue may be
used only for approved expenditures necessary for the correction of fire and life safety
hazards; new text begin remodeling of education facilities directly related to improving the physical
safety of students and staff; facility security enhancements including laminated glass,
public announcement systems, emergency communications devices, and equipment
and facility modifications related to violence prevention and facility security; new text end design,
purchase, installation, maintenance, and inspection of fire protection and alarm equipment;
purchase or construction of appropriate facilities for the storage of combustible and
flammable materials; inventories and facility modifications not related to a remodeling
project to comply with lab safety requirements under section 121A.31; inspection, testing,
repair, removal or encapsulation, and disposal of asbestos-containing building materials;
cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous and
infectious wastes; cleanup, removal, disposal, and repairs related to storing heating fuel or
transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section
296A.01; correction of occupational safety and health administration regulated hazards;
indoor air quality inspections, investigations, and testing; mold abatement; upgrades or
replacement of mechanical ventilation systems to meet American Society of Heating,
Refrigerating and Air Conditioning Engineers standards and State Mechanical Code;
design, materials, and installation of local exhaust ventilation systems, including required
make-up air for controlling regulated hazardous substances; correction of Department of
Health Food Code violations; correction of swimming pool hazards excluding depth
correction; playground safety inspections, repair of unsafe outdoor playground equipment,
and the installation of impact surfacing materials; bleacher repair or rebuilding to comply
with the order of a building code inspector under section 326B.112; testing and mitigation
of elevated radon hazards; lead testing; copper in water testing; cleanup after major
weather-related disasters or flooding; reduction of excessive organic and inorganic levels
in wells and capping of abandoned wells; installation and testing of boiler backflow valves
to prevent contamination of potable water; vaccinations, titers, and preventative supplies
for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson Parents'
Right to Know Act; automated external defibrillators and other emergency plan equipment
and supplies specific to the district's emergency action plan; compliance with the National
Emission Standards for Hazardous Air Pollutants for school generators established by the
United States Environmental Protection Agency; and health, safety, and environmental
management costs associated with implementing the district's health and safety program
including costs to establish and operate safety committees, in school buildings or property
owned or being acquired by the district. Testing and calibration activities are permitted for
existing mechanical ventilation systems at intervals no less than every five years.

(b) For fiscal years 2014 through 2017, a school district must not include expenses
related to emission compliance projects for school generators in its health and safety
revenue unless it reduces its approved spending on other qualified health and safety
projects by the same amount.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end

Sec. 2.

Minnesota Statutes 2014, section 123B.57, subdivision 6a, is amended to read:

Subd. 6a.

Restrictions on health and safety revenue.

Notwithstanding subdivision
6, health and safety revenue must not be used:

(1) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;

(2) for the construction of new facilities, remodeling of existing facilities new text begin except
for remodeling projects designed to enhance the physical safety for students and staff as
provided under subdivision 6d new text end , or the purchase of portable classrooms;

(3) for interest or other financing expenses;

(4) for energy-efficiency projects under section 123B.65, for a building or property
or part of a building or property used for postsecondary instruction or administration or for
a purpose unrelated to elementary and secondary education;

(5) for replacement of building materials or facilities including roof, walls, windows,
internal fixtures and flooring, nonhealth and safety costs associated with demolition of
facilities, structural repair or replacement of facilities due to unsafe conditions, violence
prevention and facility security, ergonomics, or public announcement systems and
emergency communication devices; or

(6) for building and heating, ventilating and air conditioning supplies, maintenance,
and cleaning activities. All assessments, investigations, inventories, and support
equipment not leading to the engineering or construction of a project shall be included in
the health, safety, and environmental management costs in subdivision 8, paragraph (a).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end

Sec. 3.

Minnesota Statutes 2014, section 123B.57, is amended by adding a subdivision
to read:

new text begin Subd. 6d. new text end

new text begin Remodeling projects to enhance student and staff safety. new text end

new text begin A school
board may include remodeling projects designed to strengthen the physical safety of
students and staff in its health and safety revenue program under this section if the
remodeling projects have been approved by the commissioner of education. The student
and staff safety remodeling plan must be provided to the commissioner in the form and
manner specified by the commissioner, describe the intended facility improvements, and
demonstrate that the proposed facility modifications are the most cost-effective way to
increase the physical safety of students and staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end