HF 1023

as introduced - 83rd Legislature (2003 - 2004) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education finance; encouraging school 
  1.3             districts to reduce school bus emissions; permitting 
  1.4             school districts to provide repairs and technologies 
  1.5             to protect students from emissions; amending Minnesota 
  1.6             Statutes 2002, sections 123B.57, subdivisions 2, 6; 
  1.7             126C.10, subdivision 14.  
  1.8   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.9      Section 1.  Minnesota Statutes 2002, section 123B.57, 
  1.10  subdivision 2, is amended to read: 
  1.11     Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
  1.12  health and safety program.  The program must include plans, 
  1.13  where applicable, for hazardous substance removal, fire and life 
  1.14  safety code repairs, regulated facility and equipment 
  1.15  violations, and health, safety, and environmental management, 
  1.16  including indoor air quality management.  
  1.17     (a) A hazardous substance plan must contain provisions for 
  1.18  the removal or encapsulation of asbestos from school buildings 
  1.19  or property, asbestos-related repairs, cleanup and disposal of 
  1.20  polychlorinated biphenyls found in school buildings or property, 
  1.21  and cleanup, removal, disposal, and repairs related to storing 
  1.22  heating fuel or transportation fuels such as alcohol, gasoline, 
  1.23  fuel, oil, and special fuel, as defined in section 296A.01.  If 
  1.24  a district has already developed a plan for the removal or 
  1.25  encapsulation of asbestos as required by the federal Asbestos 
  1.26  Hazard Emergency Response Act of 1986, the district may use a 
  2.1   summary of that plan, which includes a description and schedule 
  2.2   of response actions, for purposes of this section.  The plan 
  2.3   must also contain provisions to make modifications to existing 
  2.4   facilities and equipment necessary to limit personal exposure to 
  2.5   hazardous substances, as regulated by the federal Occupational 
  2.6   Safety and Health Administration under Code of Federal 
  2.7   Regulations, title 29, part 1910, subpart Z; or is determined by 
  2.8   the commissioner to present a significant risk to district staff 
  2.9   or student health and safety as a result of foreseeable use, 
  2.10  handling, accidental spill, exposure, or contamination. 
  2.11     (b) A fire and life safety plan must contain a description 
  2.12  of the current fire and life safety code violations, a plan for 
  2.13  the removal or repair of the fire and life safety hazard, and a 
  2.14  description of safety preparation and awareness procedures to be 
  2.15  followed until the hazard is fully corrected. 
  2.16     (c) A facilities and equipment violation plan must contain 
  2.17  provisions to correct health and safety hazards as provided in 
  2.18  department of labor and industry standards pursuant to section 
  2.19  182.655.  
  2.20     (d) A health, safety, and environmental management plan 
  2.21  must contain a description of training, record keeping, hazard 
  2.22  assessment, and program management as defined in section 123B.56.
  2.23     (e) A plan to test for and mitigate radon produced hazards. 
  2.24     (f) A plan to monitor and improve indoor air quality and 
  2.25  reduce student and staff exposure to emissions from diesel fuel. 
  2.26     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  2.27     Sec. 2.  Minnesota Statutes 2002, section 123B.57, 
  2.28  subdivision 6, is amended to read: 
  2.29     Subd. 6.  [USES OF HEALTH AND SAFETY REVENUE.] (a) Health 
  2.30  and safety revenue may be used only for approved expenditures 
  2.31  necessary to: 
  2.32     (1) correct fire safety hazards,; 
  2.33     (2) correct life safety hazards, or for the removal or 
  2.34  encapsulation of; 
  2.35     (3) remove or encapsulate asbestos from school buildings or 
  2.36  property owned or being acquired by the district, or other 
  3.1   asbestos-related repairs, cleanup and disposal; 
  3.2      (4) clean up or dispose of polychlorinated biphenyls found 
  3.3   in school buildings or property owned or being acquired by the 
  3.4   district, or the cleanup, removal, disposal, and repairs; 
  3.5      (5) clean up, remove, dispose of, or repair facilities and 
  3.6   equipment related to storing heating fuel or transportation 
  3.7   fuels such as alcohol, gasoline, fuel oil, and special fuel, as 
  3.8   defined in section 296A.01,; 
  3.9      (6) reduce student and staff exposure to diesel emissions 
  3.10  including the costs associated with complying with section 
  3.11  123B.885, subdivision 2, and installing retrofit technologies to 
  3.12  reduce emissions; 
  3.13     (7) correct labor and industry regulated facility and 
  3.14  equipment hazards, and; and 
  3.15     (8) implement health, safety, and environmental 
  3.16  management plans.  
  3.17     (b) Health and safety revenue must not be used to finance a 
  3.18  lease purchase agreement, installment purchase agreement, or 
  3.19  other deferred payments agreement.  Health and safety revenue 
  3.20  must not be used for the construction of new facilities or the 
  3.21  purchase of portable classrooms, for interest or other financing 
  3.22  expenses, or for energy efficiency projects under section 
  3.23  123B.65.  The revenue may not be used for a building or property 
  3.24  or part of a building or property used for post-secondary 
  3.25  instruction or administration or for a purpose unrelated to 
  3.26  elementary and secondary education. 
  3.27     [EFFECTIVE DATE.] This section is effective July 1, 2003. 
  3.28     Sec. 3.  Minnesota Statutes 2002, section 126C.10, 
  3.29  subdivision 14, is amended to read: 
  3.30     Subd. 14.  [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total 
  3.31  operating capital revenue may be used only for the following 
  3.32  purposes: 
  3.33     (1) to acquire land for school purposes; 
  3.34     (2) to acquire or construct buildings for school purposes; 
  3.35     (3) to rent or lease buildings, including the costs of 
  3.36  building repair or improvement that are part of a lease 
  4.1   agreement; 
  4.2      (4) to improve and repair school sites and buildings, and 
  4.3   equip or reequip school buildings with permanent attached 
  4.4   fixtures, including repairs or fixtures used to comply with 
  4.5   section 123B.885, subdivision 2, and library media centers; 
  4.6      (5) for a surplus school building that is used 
  4.7   substantially for a public nonschool purpose; 
  4.8      (6) to eliminate barriers or increase access to school 
  4.9   buildings by individuals with a disability; 
  4.10     (7) to bring school buildings into compliance with the 
  4.11  Uniform Fire Code adopted according to chapter 299F; 
  4.12     (8) to remove asbestos from school buildings, encapsulate 
  4.13  asbestos, or make asbestos-related repairs; 
  4.14     (9) to clean up and dispose of polychlorinated biphenyls 
  4.15  found in school buildings; 
  4.16     (10) to clean up, remove, dispose of, and make repairs 
  4.17  related to storing heating fuel or transportation fuels such as 
  4.18  alcohol, gasoline, fuel oil, and special fuel, as defined in 
  4.19  section 296A.01 or to install school bus retrofit technologies 
  4.20  that reduce emissions from diesel fuel; 
  4.21     (11) for energy audits for school buildings and to modify 
  4.22  buildings if the audit indicates the cost of the modification 
  4.23  can be recovered within ten years; 
  4.24     (12) to improve buildings that are leased according to 
  4.25  section 123B.51, subdivision 4; 
  4.26     (13) to pay special assessments levied against school 
  4.27  property but not to pay assessments for service charges; 
  4.28     (14) to pay principal and interest on state loans for 
  4.29  energy conservation according to section 216C.37 or loans made 
  4.30  under the Douglas J. Johnson Economic Protection Trust Fund Act 
  4.31  according to sections 298.292 to 298.298; 
  4.32     (15) to purchase or lease interactive telecommunications 
  4.33  equipment; 
  4.34     (16) by board resolution, to transfer money into the debt 
  4.35  redemption fund to:  (i) pay the amounts needed to meet, when 
  4.36  due, principal and interest payments on certain obligations 
  5.1   issued according to chapter 475; or (ii) pay principal and 
  5.2   interest on debt service loans or capital loans according to 
  5.3   section 126C.70; 
  5.4      (17) to pay operating capital-related assessments of any 
  5.5   entity formed under a cooperative agreement between two or more 
  5.6   districts; 
  5.7      (18) to purchase or lease computers and related materials, 
  5.8   copying machines, telecommunications equipment, and other 
  5.9   noninstructional equipment; 
  5.10     (19) to purchase or lease assistive technology or equipment 
  5.11  for instructional programs; 
  5.12     (20) to purchase textbooks; 
  5.13     (21) to purchase new and replacement library media 
  5.14  resources or technology; 
  5.15     (22) to purchase vehicles; 
  5.16     (23) to purchase or lease telecommunications equipment, 
  5.17  computers, and related equipment for integrated information 
  5.18  management systems for: 
  5.19     (i) managing and reporting learner outcome information for 
  5.20  all students under a results-oriented graduation rule; 
  5.21     (ii) managing student assessment, services, and achievement 
  5.22  information required for students with individual education 
  5.23  plans; and 
  5.24     (iii) other classroom information management needs; and 
  5.25     (24) to pay personnel costs directly related to the 
  5.26  acquisition, operation, and maintenance of telecommunications 
  5.27  systems, computers, related equipment, and network and 
  5.28  applications software. 
  5.29     [EFFECTIVE DATE.] This section is effective July 1, 2003.