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HF 2681

as introduced - 88th Legislature (2013 - 2014) Posted on 03/19/2014 12:24pm

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

Bill Text Versions

Engrossments
Introduction Posted on 03/03/2014

Current Version - as introduced

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A bill for an act
relating to education; modifying school district review and comment
requirements; amending Minnesota Statutes 2012, section 123B.71, subdivisions
8, 9; repealing Minnesota Statutes 2012, section 123B.71, subdivision 1.

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

Section 1.

Minnesota Statutes 2012, section 123B.71, subdivision 8, is amended to read:


Subd. 8.

Review and comment.

A school district, a special education cooperative,
or a cooperative unit of government, as defined in section 123A.24, subdivision 2, must not
initiate an installment contract for purchase or a lease agreement, hold a referendum for
bonds, nor solicit bids for new construction, expansion, or remodeling of an educational
facility that requires an expenditure in excess of $500,000 per school site if it has a capital
loan outstanding, or deleted text begin$1,400,000deleted text endnew text begin $2,000,000new text end per school site if it does not have a capital
loan outstanding, prior to review and comment by the commissioner. deleted text beginThe commissioner
may exempt
deleted text end A facility new text beginaddition, new text endmaintenance projectnew text begin, or remodeling projectnew text end funded new text beginonly
new text endwith general education deleted text beginaid and levydeleted text endnew text begin revenue, deferred maintenance revenuenew text end, alternative
facilities bonding and levy programnew text begin revenue, lease levy proceeds, capital facilities bond
proceeds
new text end, or health and safety revenuenew text begin is exemptnew text end from this provision deleted text beginafter reviewing a
written request from a school district describing the scope of work
deleted text end.new text begin A capital project under
section 123B.63 addressing only technology is exempt from this provision if the district
submits a school board resolution stating that funds approved by the voters will be used
only as authorized in section 126C.10, subdivision 14.
new text end A school board shall not separate
portions of a single project into components to avoid the requirements of this subdivision.

Sec. 2.

Minnesota Statutes 2012, section 123B.71, subdivision 9, is amended to read:


Subd. 9.

Information required.

A school board proposing to constructnew text begin, expand,
or remodel
new text end a facility deleted text begindescribed indeleted text endnew text begin that requires a review and comment undernew text end subdivision
8 shall submit to the commissioner a proposal containing information including at least
the following:

(1) the geographic area and population to be served, preschool through grade 12
student enrollments for the past five years, and student enrollment projections for the
next five years;

(2) a list of existing facilities by year constructed, their uses, and an assessment of
the extent to which alternate facilities are available within the school district boundaries
and in adjacent school districts;

(3) a list of the specific deficiencies of the facility that demonstrate the need for a
new or renovated facility to be provided,new text begin the process used to determine the deficiencies, a
list of those deficiencies that will and will not be addressed by the proposed project,
new text end and a
list of the specific benefits that the new or renovated facility will provide to the students,
teachers, and community users served by the facility;

deleted text begin (4) the relationship of the project to any priorities established by the school district,
educational cooperatives that provide support services, or other public bodies in the
service area;
deleted text end

deleted text begin (5) a description of the pedestrian, bicycle, and transit connections between the
school and nearby residential areas that make it easier for children, teachers, and parents
to get to the school by walking, bicycling, and taking transit;
deleted text end

deleted text begin (6) a specification of how the project maximizes the opportunity for cooperative use
of existing park, recreation, and other public facilities and whether and how the project
will increase collaboration with other governmental or nonprofit entities;
deleted text end

deleted text begin (7)deleted text endnew text begin (4)new text end a description of the project, including the specification of site and outdoor
space acreage and square footage allocations for classrooms, laboratories, and support
spaces; estimated expenditures for the major portions of the project; and the dates the
project will begin and be completed;

deleted text begin (8)deleted text endnew text begin (5)new text end a specification of the source of financing the projectnew text begin, including applicable
statutory citations
new text end; the scheduled date for a bond issue or school board action; a schedule
of payments, including debt service equalization aid; and the effect of a bond issue on
local property taxes by the property class and valuation;

deleted text begin (9) an analysis of how the proposed new or remodeled facility will affect school
district operational or administrative staffing costs, and how the district's operating budget
will cover any increased operational or administrative staffing costs;
deleted text end

deleted text begin (10) a description of the consultation with local or state transportation officials
on multimodal school site access and safety issues, and the ways that the project will
address those issues;
deleted text end

deleted text begin (11) a description of how indoor air quality issues have been considered and a
certification that the architects and engineers designing the facility will have professional
liability insurance;
deleted text end

deleted text begin (12) as required under section 123B.72, for buildings coming into service after July 1,
2002, a certification that the plans and designs for the extensively renovated or new facility's
heating, ventilation, and air conditioning systems will meet or exceed code standards; will
provide for the monitoring of outdoor airflow and total airflow of ventilation systems; and
will provide an indoor air quality filtration system that meets ASHRAE standard 52.1;
deleted text end

deleted text begin (13) a specification of any desegregation requirements that cannot be met by any
other reasonable means;
deleted text end

deleted text begin (14) a specification of how the facility will utilize environmentally sustainable
school facility design concepts;
deleted text end

deleted text begin (15) a description of how the architects and engineers have considered the American
National Standards Institute Acoustical Performance Criteria, Design Requirements
and Guidelines for Schools of the maximum background noise level and reverberation
times; and
deleted text end

deleted text begin (16) any existing information from the relevant local unit of government about the
cumulative costs to provide infrastructure to serve the school, such as utilities, sewer,
roads, and sidewalks.
deleted text end

new text begin (6) confirmations of the district and contracted professionals that the project is
planned and will be executed to consider and comply with the following:
new text end

new text begin (i) uniform municipal contracting law under section 471.345;
new text end

new text begin (ii) sustainable design;
new text end

new text begin (iii) school facility commissioning under section 123B.72 requiring certification that
plans and designs for an extensively renovated or new facility's heating, ventilation, and
air conditioning systems will meet or exceed current code standards; and will provide an
air quality filtration system that meets ASHRAE standard 52.1;
new text end

new text begin (iv) American National Standards Institute Acoustical Performance Criteria, Design
Requirements and Guidelines for Schools of the maximum background noise level and
reverberation times;
new text end

new text begin (v) State Fire Code;
new text end

new text begin (vi) applicable building code under chapter 326B;
new text end

new text begin (vii) consultation with appropriate governmental units regarding utilities, roads,
sewers, sidewalks, retention ponds, school bus and automobile traffic, and safe access
for walkers and bicyclists.
new text end

Sec. 3. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2012, section 123B.71, subdivision 1, new text end new text begin is repealed.
new text end