HF 2520

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

A bill for an act
relating to education; modifying district requirements
for health and safety revenue; amending Minnesota
Statutes 2004, 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 2004, section 123B.57,
subdivision 1, is amended to read:

Subdivision 1.

Health and safety deleted text begin program deleted text end new text begin budget new 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 program deleted text end new text begin budget new text end adopted by the school
district board. The deleted text begin program deleted text end new text begin budget new text end must include the estimated
cost deleted text begin , per building, deleted text end of the program by fiscal year deleted 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rescinded.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

deleted text begin (b) deleted 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 (c) 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 2004, section 123B.57,
subdivision 2, is amended to read:

Subd. 2.

deleted text begin contents of deleted text end new text begin health and safety new 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 management deleted 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 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.
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
182.655.
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 123B.56.
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 2004, 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 only deleted 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. 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, cleaning, testing,
and calibration 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
Chromate 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 296A.01, 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 2004, 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 123B.65;
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 123B.65;
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 2004, section 123B.57,
subdivision 8, is amended to read:

Subd. 8.

Health, safety, and environmental management
deleted text begin cost deleted 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 shall new text end provide management assistance to school
districts for health deleted text begin and deleted text end new text begin , new text end safety deleted text begin capital projects deleted text end new text begin , and
environmental compliance when requested new text end . Management
assistance deleted text begin is deleted text end new text begin includes new text end the development of written deleted text begin programs
deleted text end new text begin plans, policies, and procedures new text end for the deleted text begin identification,
recognition and deleted text end control of hazards deleted 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