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 program budget.

(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, and health, safety, and environmental management,
including indoor air quality management.The application must
include a health and safety program budget adopted by the school
district board. The program budget must include the estimated
cost, per building,of the program by fiscal year.using the
following categories:

(1) physical hazards;

(2) hazardous substances;

(3) environmental, health and safety management;

(4) asbestos;

(5) fire and life safety; and

(6) indoor air quality.

(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rescinded.

(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.

(b) (d) 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.

(c) (e) 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.

contents of health and safety program.

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

(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.

(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.

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 only for any allowable 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 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.

(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). by the school district board.

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

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

(i) United States Occupational Safety and Health
Administration (OSHA);

(ii) United States Environmental Protection Agency (EPA);

(iii) Minnesota Department of Labor and Industry (MDOLI);

(iv) Minnesota Occupational Safety and Health
Administration (MNOSHA);

(v) Minnesota Pollution Control Agency (MPCA);

(vi) Minnesota Department of Health (MDH);

(vii) Minnesota Department of Public Safety (MDPS);

(viii) Minnesota Department of Transportation (MnDOT); and

(ix) Counties and Cities;

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

(3) provide personal protective equipment to students and
staff;

(4) identify, assess, and control:

(i) fire and life safety hazards;

(ii) physical hazards;

(iii) ergonomic hazards;

(iv) hazardous materials and hazardous wastes;

(v) hazardous infectious agents;

(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;

(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

(viii) security hazards, including access control systems
and monitoring equipment;

(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;

(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;

(7) provide local or buildingwide humidification and
dehumidification;

(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;

(9) correct Department of Health food code violations;

(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

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

(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.

(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.

(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.

Sec. 4.

Minnesota Statutes 2004, section 123B.57, is
amended by adding a subdivision to read:

Subd. 6a.

Restrictions on health and safety
revenue.

Health and safety revenue may not be used for:

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

(2) interest or other financing expenses, or for energy
efficiency projects under section 123B.65;

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

(4) the construction of new facilities;

(5) the purchase of portable classrooms;

(6) energy efficiency projects under section 123B.65;

(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;

(8) repair or replacement of roofs, exterior walls, or
windows;

(9) nonhealth and safety costs associated with demolition
of facilities;

(10) structural repair or replacement of facilities due to
unsafe conditions;

(11) violence prevention programs;

(12) Department of Health licenses or certification
required for kitchen staff;

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

(14) PPE used in extracurricular activities.

Sec. 5.

Minnesota Statutes 2004, section 123B.57,
subdivision 8, is amended to read:

Subd. 8.

Health, safety, and environmental management
cost.

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

(1) actual cost to implement their plan; or

(2) an amount determined by the commissioner, based on
enrollment, building age, and size 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.

(b) The department may contract with regional service
organizations, private contractors, Minnesota Safety Council, or
state agencies to shall provide management assistance to school
districts for health and ,safety capital projects , and
environmental compliance when requested. Management
assistance is includes the development of written programs
plans, policies, and procedures for the identification,
recognition and control of hazards, and prioritization and
scheduling of district health and safety capital projects. The
department shall not exclude private contractors from the
opportunity to provide any health and safety services to school
districts.

(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.