HF 518

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; expanding health and
safety revenue to cover the costs of replacing certain
school buses; amending Minnesota Statutes 2004,
section 123B.57, subdivisions 1, 2.

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

Section 1.

Minnesota Statutes 2004, section 123B.57,
subdivision 1, is amended to read:

Subdivision 1.

Health and safety program.

(a) To receive
health and safety revenue for any fiscal year a district must
submit to the commissioner an application for aid and levy by
the date determined by the commissioner. new text begin For fiscal years 2006
through 2010 only, a school district may include in its health
and safety revenue the amounts necessary to replace any
Carpenter school buses in its fleet as of January 1, 2004, that
have potentially defective welds and are subject to use
limitations imposed by the Minnesota Department of Public
Safety. new text end The application may be for hazardous substance removal,
fire and life safety code repairs, labor and industry regulated
facility and equipment violations, and health, safety, and
environmental management, including indoor air quality
management. The application must include a health and safety
program adopted by the school district board. The program must
include the estimated cost, per building, of the program by
fiscal year. Upon approval through the adoption of a resolution
by each of an intermediate district's member school district
boards and the approval of the Department of Education, a school
district may include its proportionate share of the costs of
health and safety projects for an intermediate district in its
application.

(b) Health and safety projects with an estimated cost of
$500,000 or more per site, approved after February 1, 2003, are
not eligible for health and safety revenue. Health and safety
projects with an estimated cost of $500,000 or more per site,
approved after February 1, 2003, that meet all other
requirements for health and safety funding, are eligible for
alternative facilities bonding and levy revenue according to
section 123B.59. A school board shall not separate portions of
a single project into components to qualify for health and
safety revenue, and shall not combine unrelated projects into a
single project to qualify for alternative facilities bonding and
levy revenue.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for
fiscal year 2006.
new text end

Sec. 2.

Minnesota Statutes 2004, section 123B.57,
subdivision 2, is amended to read:

Subd. 2.

Contents of program.

A district must adopt a
health and safety program. The program must include plans,
where applicable, for hazardous substance removal, fire and life
safety code repairs, regulated facility and equipment
violations, and health, safety, and environmental management,
including indoor air quality management.

(a) A hazardous substance plan must contain provisions for
the removal or encapsulation of asbestos from school buildings
or property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property,
and 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. If
a district has already developed a plan for the removal or
encapsulation of asbestos as required by the federal Asbestos
Hazard Emergency Response Act of 1986, the district may use a
summary of that plan, which includes a description and schedule
of response actions, for purposes of this section. The plan
must also contain provisions to make modifications to existing
facilities and equipment necessary to limit personal exposure to
hazardous substances, as regulated by the federal Occupational
Safety and Health Administration under Code of Federal
Regulations, title 29, part 1910, subpart Z; or is determined by
the commissioner to present a significant risk to district staff
or student health and safety as a result of foreseeable use,
handling, accidental spill, exposure, or contamination.

(b) A fire and life safety plan must contain a description
of the current fire and life safety code violations, a plan for
the removal or repair of the fire and life safety hazard, and a
description of safety preparation and awareness procedures to be
followed until the hazard is fully corrected.

(c) A facilities and equipment violation plan must contain
provisions to correct health and safety hazards as provided in
Department of Labor and Industry standards pursuant to section
182.655.

(d) A health, safety, and environmental management plan
must contain a description of training, record keeping, hazard
assessment, and program management as defined in section 123B.56.

(e) A plan to test for and mitigate radon produced hazards.

(f) A plan to monitor and improve indoor air quality.

new text begin (g) A plan to remove Carpenter school buses with
potentially defective welds from the district's bus fleet.
new text end