Skip to main content Skip to office menu Skip to footer
Capital IconMinnesota Legislature

HF 2355

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

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

Bill Text Versions

Engrossments
Introduction Posted on 03/24/2007

Current Version - as introduced

Line numbers 1.1 1.2 1.3 1.4 1.5
1.6 1.7 1.8 1.9 1.10 1.11 1.12 1.13 1.14 1.15 1.16 1.17 1.18 1.19 1.20 1.21 1.22 1.23 1.24 2.1 2.2 2.3 2.4 2.5 2.6 2.7 2.8 2.9 2.10 2.11 2.12 2.13 2.14 2.15 2.16 2.17
2.18 2.19 2.20 2.21 2.22 2.23 2.24 2.25 2.26 2.27 2.28 2.29 2.30 2.31 2.32 2.33 2.34 2.35 3.1 3.2 3.3 3.4 3.5 3.6 3.7 3.8 3.9 3.10 3.11 3.12 3.13 3.14 3.15 3.16 3.17 3.18 3.19 3.20 3.21 3.22 3.23
3.24 3.25 3.26 3.27 3.28 3.29 3.30 3.31 3.32 3.33 3.34 3.35 4.1 4.2 4.3 4.4 4.5 4.6 4.7 4.8 4.9 4.10 4.11 4.12 4.13 4.14 4.15 4.16 4.17 4.18 4.19 4.20 4.21 4.22 4.23 4.24 4.25 4.26 4.27 4.28 4.29 4.30 4.31 4.32 4.33 4.34 4.35 4.36 5.1 5.2 5.3 5.4 5.5 5.6 5.7 5.8 5.9 5.10 5.11 5.12 5.13 5.14 5.15 5.16 5.17 5.18 5.19 5.20 5.21 5.22 5.23 5.24 5.25 5.26 5.27 5.28 5.29 5.30 5.31 5.32 5.33 5.34 5.35 5.36 6.1 6.2 6.3 6.4 6.5 6.6 6.7
6.8 6.9 6.10 6.11 6.12 6.13 6.14 6.15 6.16 6.17 6.18 6.19 6.20 6.21 6.22 6.23 6.24 6.25 6.26 6.27 6.28 6.29 6.30 6.31
6.32 6.33 6.34 7.1 7.2 7.3 7.4 7.5 7.6 7.7 7.8 7.9 7.10 7.11 7.12 7.13 7.14 7.15 7.16 7.17 7.18

A bill for an act
relating to education finance; setting criteria for allowable uses of health
and safety revenue; amending Minnesota Statutes 2006, section 123B.57,
subdivisions 1, 2, 6, 8, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2006, section 123B.57, subdivision 1, is amended to read:


Subdivision 1.

Health and safety deleted text begin programdeleted text end new text begin budgetnew text end .

(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. deleted text begin 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.
deleted text end The application must include a health and safety
deleted text begin programdeleted text end new text begin budgetnew text end adopted by the school district board. The deleted text begin programdeleted text end new text begin budgetnew text end must include the
estimated costdeleted text begin , per building,deleted text end of the program by fiscal yeardeleted text begin .deleted text end new text begin using the following categories:
new text end

new text begin (1) physical hazards;
new text end

new text begin (2) hazardous substances;
new text end

new text begin (3) environmental, health, and safety management;
new text end

new text begin (4) asbestos;
new text end

new text begin (5) fire and life safety; and
new text end

new text begin (6) indoor air quality.
new text end

new text begin (b) The health and safety budget may include contingency amounts determined by
the local school board for each Uniform Financial Accounting and Reporting Standards
project category. Contingency amounts shall be converted to qualifying projects by the
date determined by the commissioner or the approval shall be rescinded.
new text end

new text begin (c) Health and safety projects with an estimated cost of $10,000 or more per site
shall be itemized within the health and safety budget and include the name of the facility.
Health and safety projects with an estimated cost of less than $10,000 per site, including
multisite or districtwide projects where the total cost could exceed $10,000, may be
reported as combined projects.
new text end

new text begin (d)new text end 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.

deleted text begin (b)deleted text end new text begin (e)new text end 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.

Sec. 2.

Minnesota Statutes 2006, section 123B.57, subdivision 2, is amended to read:


Subd. 2.

deleted text begin Contents ofdeleted text end new text begin Health and safetynew text end program.

new text begin (a) To qualify for health and
safety revenue,
new text end a district must adopt a health and safety program. The program must
include new text begin written new text end plans, deleted text begin where applicable,deleted text end for deleted text begin hazardous substance removal, fire and life
safety code repairs, regulated facility and equipment violations, and
deleted text end new text begin compliance with
applicable
new text end health, safety, and environmental management, including new text begin a plan to monitor and
improve
new text end indoor air quality deleted text begin managementdeleted text end .new text begin Evidence of program adoption by the school
board is required for levy approval.
new text end

new text begin (b) Written plans for environmental, health, and safety compliance must be made to
the local authority having jurisdiction for review. Approval of health and safety funding
by the commissioner shall not be contingent on compliance status. The commissioner may
provide management assistance, as described in subdivision 8, but will not be responsible
for the identification of hazards, choice of control options, evaluation of written plans, or
district compliance with environmental, health, and safety regulations.
new text end

deleted text begin (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 .
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.
deleted text end

deleted text begin (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.
deleted text end

deleted text begin (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 .
deleted text end

deleted text begin (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 .
deleted text end

deleted text begin (e) A plan to test for and mitigate radon produced hazards.
deleted text end

deleted text begin (f) A plan to monitor and improve indoor air quality.
deleted text end

Sec. 3.

Minnesota Statutes 2006, 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 deleted text begin onlydeleted text end for new text begin any allowable new text end approved expenditures deleted text begin 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 and swimming pool hazards excluding depth correction,
and health, safety, and environmental management. 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.
deleted text end

deleted text begin (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).
deleted text end new text begin by the school district board.
new text end

new text begin (b) Allowable expenditures include all reasonable costs to maintain safe and secure
schools. Health and safety revenue may be used to:
new text end

new text begin (1) comply with applicable environmental, health, and safety standards enforced by
the following regulatory agencies:
new text end

new text begin (i) United States Occupational Safety and Health Administration (OSHA);
new text end

new text begin (ii) United States Environmental Protection Agency (EPA);
new text end

new text begin (iii) Minnesota Department of Labor and Industry (MDOLI);
new text end

new text begin (iv) Minnesota Occupational Safety and Health Administration (MNOSHA);
new text end

new text begin (v) Minnesota Pollution Control Agency (MPCA);
new text end

new text begin (vi) Minnesota Department of Health (MDH);
new text end

new text begin (vii) Minnesota Department of Public Safety (MDPS);
new text end

new text begin (viii) Minnesota Department of Transportation (MnDOT); and
new text end

new text begin (ix) counties and cities;
new text end

new text begin (2) train staff on safe work practices, accident and injury prevention, and emergency
procedures;
new text end

new text begin (3) provide personal protective equipment to students and staff;
new text end

new text begin (4) identify, assess, and control:
new text end

new text begin (i) fire and life safety hazards;
new text end

new text begin (ii) physical hazards;
new text end

new text begin (iii) ergonomic hazards;
new text end

new text begin (iv) hazardous materials and hazardous wastes;
new text end

new text begin (v) hazardous infectious agents;
new text end

new text begin (vi) asbestos hazards, including replacement of asbestos-containing building
materials and affected nonasbestos components including, but not limited to, carpet,
ceiling grid, lights, and diffusers;
new text end

new text begin (vii) playground hazards, including repair and replacement of equipment and impact
surfacing to comply with CPSC guidelines. This evaluator does not have to be a district
employee. The cost to seal wooden play sets that might leach chromated copper arsenate
(CCA) is also allowable; and
new text end

new text begin (viii) security hazards, including access control systems and monitoring equipment;
new text end

new text begin (5) manage aboveground and underground storage tanks used for storing heating
fuel or transportation fuels such as alcohol, gasoline, fuel oil, used oil, or special fuel, as
defined in section , including tightness testing, cleanup of any petroleum product
spills, and repair or replacement of the tank and piping;
new text end

new text begin (6) monitor and improve indoor air quality, including assessments, testing,
replacement of mold-damaged building materials, balancing and commissioning of
HVAC systems, duct cleaning, HVAC filter replacements, and upgrades or replacement of
HVAC system components to comply with current standards established by the American
Society of Heating, Refrigerating and Air Conditioning Engineers (ASHRAE) and State
Mechanical Codes;
new text end

new text begin (7) provide local or buildingwide humidification and dehumidification;
new text end

new text begin (8) prepare for emergencies, including emergency communications equipment such
as public address systems, cellular phones, walkie-talkies, repeaters, antennas, pagers, and
parent notification systems; emergency response equipment such as AEDs, flashlights,
first aid supplies; and communication of emergency procedures;
new text end

new text begin (9) correct Department of Health Food Code violations;
new text end

new text begin (10) correct Department of Health swimming pool violations, excluding depth
correction. Costs to bring swimming pools up to code per Minnesota Rules, chapter 4717,
capital but not operational expenses are allowable; and
new text end

new text begin (11) establish safety committees, including hourly wages of employees and
substitutes conducting the work.
new text end

new text begin (c) When a district identifies a project where eligibility is unclear, the district may
request that the project be given funding consideration. The department may not approve
costs that are specifically restricted in subdivision 7. All other reasonable costs that have
been approved by the school board and meet the intent of this subdivision must be allowed.
new text end

new text begin (d) Project approval is not contingent on written orders from the local authority
having jurisdiction. Recognized health and safety hazards should be corrected as soon as
possible to prevent injuries.
new text end

new text begin (e) Any fire and life safety project that exceeds $10,000 per site must be reviewed
and approved by the state fire marshal school plan reviewer before beginning work.
new text end

Sec. 4.

Minnesota Statutes 2006, section 123B.57, is amended by adding a subdivision
to read:


new text begin Subd. 6a. new text end

new text begin Restrictions on health and safety revenue. new text end

new text begin Health and safety revenue
may not be used for:
new text end

new text begin (1) the finance of a lease purchase agreement, installment purchase agreement, or
other deferred payments agreement;
new text end

new text begin (2) interest or other financing expenses, or for energy efficiency projects under
section ;
new text end

new text begin (3) any work performed under an energy performance contract or with bond
proceeds, including facilities and equipment bonds;
new text end

new text begin (4) the construction of new facilities;
new text end

new text begin (5) the purchase of portable classrooms;
new text end

new text begin (6) energy efficiency projects under section ;
new text end

new text begin (7) 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;
new text end

new text begin (8) repair or replacement of roofs, exterior walls, or windows;
new text end

new text begin (9) nonhealth and safety costs associated with demolition of facilities;
new text end

new text begin (10) structural repair or replacement of facilities due to unsafe conditions;
new text end

new text begin (11) violence prevention programs;
new text end

new text begin (12) Department of Health licenses or certification required for kitchen staff;
new text end

new text begin (13) costs to air condition any portion of a building unless justified by extraordinary
circumstances; and
new text end

new text begin (14) PPE used in extracurricular activities.
new text end

Sec. 5.

Minnesota Statutes 2006, section 123B.57, subdivision 8, is amended to read:


Subd. 8.

Health, safety, and environmental management deleted text begin costdeleted text end .

(a) A district's cost
for health, safety, and environmental management deleted text begin is limited to the lesser of:
deleted text end

deleted text begin (1) actual cost to implement their plan; or
deleted text end

deleted text begin (2) an amount determined by the commissioner, based on enrollment, building age,
and size
deleted text end new text begin includes any activities deemed necessary by the local school board to implement
the district's health, safety, and environmental management programs. These activities
include, but are not limited to, hazard assessment, plan development, training, program
management, and record keeping
new text end .

(b) The department deleted text begin may contract with regional service organizations, private
contractors, Minnesota Safety Council, or state agencies to
deleted text end new text begin shallnew text end provide management
assistance to school districts for health deleted text begin anddeleted text end new text begin ,new text end safety deleted text begin capital projectsdeleted text end new text begin , and environmental
compliance when requested
new text end . Management assistance deleted text begin isdeleted text end new text begin includesnew text end the development of
written deleted text begin programsdeleted text end new text begin plans, policies, and proceduresnew text end for the deleted text begin identification, recognition anddeleted text end
control of hazardsdeleted text begin , and prioritization and scheduling of district health and safety capital
projects
deleted text end . The department shall not exclude private contractors from the opportunity to
provide any health and safety services to school districts.

deleted text begin (c) Notwithstanding paragraph (b), the department may approve revenue, up to
the limit defined in paragraph (a) for districts having an approved health, safety, and
environmental management plan that uses district staff to accomplish coordination and
provided services.
deleted text end