HF 2621

as introduced - 89th Legislature (2015 - 2016) Posted on 03/15/2016 09:21am

A bill for an act
relating to education finance; expanding the allowed uses of health and safety
revenue to include certain facility modifications necessary to make school
facilities more secure for students and staff; amending Minnesota Statutes 2014,
section 123B.57, by adding a subdivision; Minnesota Statutes 2015 Supplement,
section 123B.595, subdivision 11; Laws 2015, First Special Session chapter
3, article 6, section 3, subdivision 6.

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

Section 1.

Minnesota Statutes 2014, section 123B.57, is amended by adding a
subdivision to read:

new text begin Subd. 6d. new text end

new text begin Projects to enhance student and staff safety. new text end

new text begin A school board may
include projects designed to strengthen the physical safety of students and staff in its
health and safety capital projects program under this section if the projects have been
approved by the commissioner of education. The student and staff safety improvement
plan must be provided to the commissioner in the form and manner specified by the
commissioner, describe the intended facility improvements, and demonstrate that the
proposed facility improvements are the most cost-effective way to increase the physical
safety of students and staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end

Sec. 2.

Minnesota Statutes 2015 Supplement, section 123B.595, subdivision 11,
is amended to read:

Subd. 11.

Restrictions on long-term facilities maintenance revenue.

Notwithstanding subdivision deleted text begin 11 deleted text end new text begin 10 new text end , long-term facilities maintenance revenue may not
be used:

(1) for the construction of new facilities, remodeling of existing facilities, or the
purchase of portable classrooms;

(2) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;

(3) for energy-efficiency projects under section 123B.65, 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; or

(4) for violence prevention and facility security, ergonomics, or emergency
communication devices new text begin , except as provided under section 123B.57, subdivision 6d new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end

Sec. 3.

Laws 2015, First Special Session chapter 3, article 6, section 3, subdivision 6,
is amended to read:

Subd. 6.

Health and safety capital projects.

(a) Health and safety capital projects
may include expenditures necessary for the correction of fire and life safety hazards;
new text begin security improvements directly related to the physical safety of students and staff;
facility security enhancements including laminated glass, public announcement systems,
emergency communications devices, and equipment and limited facility modifications
directly related to violence prevention and facility security; new text end design, purchase, installation,
maintenance, and inspection of fire protection and alarm equipment; purchase or
construction of appropriate facilities for the storage of combustible and flammable
materials; inventories and facility modifications not related to a remodeling project
to comply with lab safety requirements under section 121A.31; inspection, testing,
repair, removal or encapsulation, and disposal of asbestos-containing building materials;
cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous and
infectious wastes; 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; correction of occupational safety and health administration regulated hazards;
indoor air quality inspections, investigations, and testing; 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;
design, materials, and installation of local exhaust ventilation systems, including required
make-up air for controlling regulated hazardous substances; correction of Department of
Health Food Code violations; correction of swimming pool hazards excluding depth
correction; playground safety inspections, repair of unsafe outdoor playground equipment,
and the installation of impact surfacing materials; bleacher repair or rebuilding to comply
with the order of a building code inspector under section 326B.112; testing and mitigation
of elevated radon hazards; lead testing; copper in water testing; cleanup after major
weather-related disasters or flooding; reduction of excessive organic and inorganic levels
in wells and capping of abandoned wells; installation and testing of boiler backflow valves
to prevent contamination of potable water; vaccinations, titers, and preventative supplies
for bloodborne pathogen compliance; costs to comply with the Janet B. Johnson Parents'
Right to Know Act; automated external defibrillators and other emergency plan equipment
and supplies specific to the district's emergency action plan; compliance with the National
Emission Standards for Hazardous Air Pollutants for school generators established by the
United States Environmental Protection Agency; and health, safety, and environmental
management costs associated with implementing the district's health and safety program
including costs to establish and operate safety committees, in school buildings or property
owned or being acquired by the district. Testing and calibration activities are permitted for
existing mechanical ventilation systems at intervals no less than every five years.

(b) For fiscal years 2014 through 2017, a school district must not include expenses
related to emission compliance projects for school generators in its health and safety
capital projects unless it reduces its approved spending on other qualified health and
safety projects by the same amount.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2017
and later.
new text end