HF 2136

as introduced - 89th Legislature (2015 - 2016) Posted on 04/13/2015 04:30pm

A bill for an act
relating to capital investment; appropriating money for public schools indoor air
quality capital improvements; authorizing the sale and issuance of state bonds;
proposing coding for new law in Minnesota Statutes, chapter 123B.

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

Section 1.

new text begin [123B.573] PUBLIC SCHOOLS INDOOR AIR QUALITY CAPITAL
IMPROVEMENTS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Account established; no cancellation. new text end

new text begin A public schools indoor air
quality capital improvements grant account is created in the bond proceeds fund. Money
in the account is appropriated to the commissioner to make grants under this section.
Appropriations of bond proceeds to this account are not subject to section 16A.642, but
remain available for grants.
new text end

new text begin Subd. 2. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meaning given them:
new text end

new text begin (1) "controlled-access highway" has the meaning given it in section 160.02,
subdivision 12;
new text end

new text begin (2) "eligible capital improvements" include removal of existing heating, ventilating,
and air conditioning systems; acquisition and installation of heating, ventilating, and
air conditioning systems that provide the highest quality of indoor air; other capital
improvements that are necessary for or support providing the highest indoor air quality;
and predesign, design, engineering, and other capitalizable costs associated with eligible
capital improvements; and
new text end

new text begin (3) "school building" means a building owned and operated by a district and used by
students, but does not include ice arenas or ice facilities.
new text end

new text begin Subd. 3. new text end

new text begin Indoor air quality capital improvements grant program. new text end

new text begin The
commissioner, in consultation with the commissioners of the Pollution Control Agency,
health, and commerce, shall develop a grant program to finance eligible capital
improvements in school buildings that are within one-half mile of a controlled-access
highway that primarily carries traffic from areas outside the neighborhood or community
in which the building is located. The capital improvements must result in better indoor
air quality that supports the good health of and learning by students and reduces or
eliminates known triggers of asthma and other respiratory illnesses. Eligible projects
must not result in higher noise in student learning areas. The program must include
criteria and priorities for making grants. At a minimum, the program must give priority
to school building projects that address the need for environmental justice that has been
created by construction of controlled-access highways through poorer neighborhoods with
concentrations of people of color and the resulting permanent disruption to and pollution
of those neighborhoods from the traffic.
new text end

new text begin Subd. 4. new text end

new text begin Application. new text end

new text begin A district may apply for a grant in the manner and at the time
required by the commissioner. In addition to any other information the commissioner
requires, the application must:
new text end

new text begin (1) identify the school building in which the improvements will be made and provide
information supporting its eligibility for a grant under this section;
new text end

new text begin (2) include the predesign and design, if completed, of the proposed capital
improvements;
new text end

new text begin (3) identify total project costs and the amount requested;
new text end

new text begin (4) explain how the project fits the program criteria and priorities;
new text end

new text begin (5) describe the local contribution to the project;
new text end

new text begin (6) provide details of air quality testing performed before the capital improvements
have been made; and
new text end

new text begin (7) provide details of the district plan to maintain the indoor air quality, including
the district's plan for testing and monitoring under section 123B.57, after the capital
improvements have been made to demonstrate the improvements in air quality in the
building.
new text end

new text begin Subd. 5. new text end

new text begin Maximum grant amount; local contribution. new text end

new text begin A district may receive up
to $....... in grants for one or more eligible capital improvements in one or more school
buildings under this section. A grant may be for 100 percent of project costs. The amount
a district has spent on testing or other complimentary capital improvements, and the
amount it will spend in efficiently operating and maintaining the air quality improvements
made with the grant funds, constitute the local contribution to a project.
new text end

new text begin Subd. 6. new text end

new text begin Grant cancellation. new text end

new text begin If, five years after entering into a grant agreement
for a project, the commissioner determines that the project has not proceeded in a timely
manner and is unlikely to be completed, the commissioner must cancel the grant and
require the grantee to return all grant money awarded for that project. Grant money
returned to the commissioner is appropriated to the commissioner to make additional
grants under this section.
new text end

new text begin Subd. 7. new text end

new text begin Testing; reporting. new text end

new text begin (a) A district that receives a grant under this section
must implement an indoor air quality testing program and report to the commissioner
the results of the testing. The testing program must include testing the performance of
HVAC systems through commissioning and periodic re-commissioning using visual
assessments, records review, pressure testing, airflow testing, carbon dioxide testing, or
other methods as determined by the commissioner, in consultation with the district and the
commissioner of health.
new text end

new text begin (b) The commissioner must report on the program by February 15 each year to the
legislative committees with jurisdiction over education finance, capital investment, and
health, as provided in section 3.195. The commissioner's report must include information
on the grants awarded, capital improvements financed, air quality testing results, and other
matters the commissioner determines are relevant to the program.
new text end

Sec. 2. new text begin PUBLIC SCHOOLS INDOOR AIR QUALITY CAPITAL
IMPROVEMENTS GRANT PROGRAM.
new text end

new text begin Subdivision 1. new text end

new text begin Appropriation. new text end

new text begin $....... is appropriated from the bond proceeds fund
to the commissioner of education for grants under Minnesota Statutes, section 123B.573.
new text end

new text begin Subd. 2. new text end

new text begin Bond sale. new text end

new text begin To provide the money appropriated in this section from the
bond proceeds fund, the commissioner of management and budget shall sell and issue
bonds of the state in an amount up to $....... in the manner, upon the terms, and with
the effect prescribed by Minnesota Statutes, sections 16A.631 to 16A.675, and by the
Minnesota Constitution, article XI, sections 4 to 7.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end