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Minnesota Legislature

Office of the Revisor of Statutes

HF 973

as introduced - 86th Legislature (2009 - 2010) Posted on 02/09/2010 01:43am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/18/2009

Current Version - as introduced

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A bill for an act
relating to education; allowing the use of health and safety revenue to fund
the costs associated with school district playground safety, accessibility, safe
surfacing, play and fitness equipment and related inspections, design, installation,
and ongoing maintenance; amending Minnesota Statutes 2008, section 123B.57,
subdivisions 1, 2, 6.

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

Section 1.

Minnesota Statutes 2008, 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. The application may be for hazardous
substance removal, fire and life safety code repairs, labor and industry regulated facility
and equipment violations, deleted text beginanddeleted text end health, safety, and environmental management, including
indoor air quality managementnew text begin, and the funding of measures to improve playground safety
and accessibility
new text end. 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 July 1, 2009.
new text end

Sec. 2.

Minnesota Statutes 2008, 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, deleted text beginanddeleted text end health,
safety, and environmental management, including indoor air quality managementnew text begin, and the
funding of measures to improve playground safety and accessibility
new text end.

(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 fund the costs associated with school district playground safety,
accessibility, safe surfacing, play and fitness equipment and related inspections, design,
installation, and ongoing maintenance.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2009.
new text end

Sec. 3.

Minnesota Statutes 2008, 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 to correct fire and life safety hazards, or for
the removal or encapsulation of asbestos from school buildings or property owned or being
acquired by the district, asbestos-related repairs, cleanup and disposal of polychlorinated
biphenyls found in school buildings or property owned or being acquired by the district, or
the 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,
Minnesota occupational safety and health administration regulated facility and equipment
hazards, indoor air quality 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, Department of Health Food
Code deleted text beginanddeleted text endnew text begin,new text end swimming pool hazards excluding depth correction, deleted text beginanddeleted text end health, safety, and
environmental managementnew text begin, and costs associated with school district playground safety,
accessibility, safe surfacing, play and fitness equipment and, notwithstanding paragraph
(b), related inspections, design, installation, and ongoing maintenance
new text end. Testing and
calibration activities are permitted for existing mechanical ventilation systems at intervals
no less than every five years. Health and safety revenue must not be used to finance a
lease purchase agreement, installment purchase agreement, or other deferred payments
agreement. Health and safety revenue must not be used for the construction of new
facilities or the purchase of portable classrooms, for interest or other financing expenses,
or for energy efficiency projects under section 123B.65. The revenue may not be used 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.

(b) Notwithstanding paragraph (a), health and safety revenue must not be used 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, 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 July 1, 2009.
new text end