HF 3097

as introduced - 81st Legislature (1999 - 2000) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to education; promoting healthful school 
  1.3             buildings; improving indoor air quality; limiting the 
  1.4             use of portable classrooms; reserving a portion of 
  1.5             operating capital revenue for facilities purposes; 
  1.6             amending Minnesota Statutes 1998, section 123B.71, 
  1.7             subdivisions 3 and 10; Minnesota Statutes 1999 
  1.8             Supplement, section 126C.10, subdivision 14; proposing 
  1.9             coding for new law in Minnesota Statutes, chapter 123B.
  1.10  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.11     Section 1.  Minnesota Statutes 1998, section 123B.71, 
  1.12  subdivision 3, is amended to read: 
  1.13     Subd. 3.  [INDOOR AIR QUALITY RESOURCES; COMMISSIONER'S 
  1.14  ROLE.] As part of the consultation under subdivision 1, the 
  1.15  commissioner shall provide each school district with: 
  1.16     (1) information concerning indoor air quality; and 
  1.17     (2) procedures for monitoring of outdoor airflow and total 
  1.18  airflow of ventilation systems in new school facilities. 
  1.19     Sec. 2.  Minnesota Statutes 1998, section 123B.71, 
  1.20  subdivision 10, is amended to read: 
  1.21     Subd. 10.  [INDOOR AIR QUALITY.] A school board seeking a 
  1.22  review and comment under this section must submit information 
  1.23  demonstrating to the commissioner's satisfaction that: 
  1.24     (1) indoor air quality issues have been considered; and 
  1.25     (2) the architects and engineers designing the facility 
  1.26  will have professional liability insurance; 
  1.27     (3) the facility's heating, ventilation, and air 
  2.1   conditioning systems meet or exceed the standards established by 
  2.2   code; and 
  2.3      (4) the facility's design will provide the ability for 
  2.4   monitoring of outdoor airflow and total airflow of ventilation 
  2.5   systems in new school facilities. 
  2.6      Sec. 3.  [123B.715] [NEW SCHOOL BUILDING CONSTRUCTION 
  2.7   STANDARDS.] 
  2.8      Subdivision 1.  [APPLICABLE BUILDING PROJECTS.] This 
  2.9   section applies to school building projects for which a review 
  2.10  and comment under section 123B.71 is requested on or after July 
  2.11  1, 2002. 
  2.12     Subd. 2.  [DEFINITIONS.] "ASHRAE" means the American 
  2.13  Society of Heating, Refrigerating, and Air Conditioning 
  2.14  Engineers.  "MERV" means minimum efficiency reporting value.  
  2.15     Subd. 3.  [AIR HANDLING SYSTEMS.] Any heating, ventilation, 
  2.16  or air conditioning system that is installed or modified for a 
  2.17  project subject to this section must provide a filtration system 
  2.18  with a MERV rating of MERV 11 as defined in ASHRAE standard 52.2.
  2.19     Sec. 4.  [123B.718] [PORTABLE CLASSROOMS.] 
  2.20     Subdivision 1.  [DEFINITIONS.] "Portable classroom" means a 
  2.21  prefabricated building according to Minnesota Rules, chapter 
  2.22  1360, used for kindergarten through grade 12 educational 
  2.23  purposes. 
  2.24     Subd. 2.  [NEW PORTABLES.] Beginning July 1, 2005, a school 
  2.25  district may not purchase or enter into a lease agreement for a 
  2.26  portable classroom unless the school district requests and 
  2.27  receives a favorable review and comment from the commissioner of 
  2.28  children, families, and learning. 
  2.29     Subd. 3.  [AIR QUALITY MONITORING.] Beginning July 1, 2010, 
  2.30  any portable classroom that is more than ten years old must be 
  2.31  evaluated for indoor air quality and must meet or exceed all 
  2.32  ventilation provisions of the mechanical code in effect at that 
  2.33  time.  This process must occur at least once every ten years. 
  2.34     Sec. 5.  Minnesota Statutes 1999 Supplement, section 
  2.35  126C.10, subdivision 14, is amended to read: 
  2.36     Subd. 14.  [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total 
  3.1   operating capital revenue attributable to subdivision 13, 
  3.2   paragraph (b), may be used only for the facilities purposes 
  3.3   authorized in clauses (1) to (14), (16), and (17).  To the 
  3.4   extent possible, a school district must seek to fund any 
  3.5   eligible projects through the health and safety revenue 
  3.6   program.  Any remaining operating capital revenue may be used 
  3.7   only for the following purposes: 
  3.8      (1) to acquire land for school purposes; 
  3.9      (2) to acquire or construct buildings for school purposes; 
  3.10     (3) to rent or lease buildings, including the costs of 
  3.11  building repair or improvement that are part of a lease 
  3.12  agreement; 
  3.13     (4) to improve and repair school sites and buildings, and 
  3.14  equip or reequip school buildings with permanent attached 
  3.15  fixtures; 
  3.16     (5) for a surplus school building that is used 
  3.17  substantially for a public nonschool purpose; 
  3.18     (6) to eliminate barriers or increase access to school 
  3.19  buildings by individuals with a disability; 
  3.20     (7) to bring school buildings into compliance with the 
  3.21  Uniform Fire Code adopted according to chapter 299F; 
  3.22     (8) to remove asbestos from school buildings, encapsulate 
  3.23  asbestos, or make asbestos-related repairs; 
  3.24     (9) to clean up and dispose of polychlorinated biphenyls 
  3.25  found in school buildings; 
  3.26     (10) to clean up, remove, dispose of, and make repairs 
  3.27  related to storing heating fuel or transportation fuels such as 
  3.28  alcohol, gasoline, fuel oil, and special fuel, as defined in 
  3.29  section 296A.01; 
  3.30     (11) for energy audits for school buildings and to modify 
  3.31  buildings if the audit indicates the cost of the modification 
  3.32  can be recovered within ten years; 
  3.33     (12) to improve buildings that are leased according to 
  3.34  section 123B.51, subdivision 4; 
  3.35     (13) to pay special assessments levied against school 
  3.36  property but not to pay assessments for service charges; 
  4.1      (14) to pay principal and interest on state loans for 
  4.2   energy conservation according to section 216C.37 or loans made 
  4.3   under the Northeast Minnesota Economic Protection Trust Fund Act 
  4.4   according to sections 298.292 to 298.298; 
  4.5      (15) to purchase or lease interactive telecommunications 
  4.6   equipment; 
  4.7      (16) by board resolution, to transfer money into the debt 
  4.8   redemption fund to:  (i) pay the amounts needed to meet, when 
  4.9   due, principal and interest payments on certain obligations 
  4.10  issued according to chapter 475; or (ii) pay principal and 
  4.11  interest on debt service loans or capital loans according to 
  4.12  section 126C.70; 
  4.13     (17) to pay operating capital-related assessments of any 
  4.14  entity formed under a cooperative agreement between two or more 
  4.15  districts; 
  4.16     (18) to purchase or lease computers and related materials, 
  4.17  copying machines, telecommunications equipment, and other 
  4.18  noninstructional equipment; 
  4.19     (19) to purchase or lease assistive technology or equipment 
  4.20  for instructional programs; 
  4.21     (20) to purchase textbooks; 
  4.22     (21) to purchase new and replacement library books or 
  4.23  technology; 
  4.24     (22) to purchase vehicles; 
  4.25     (23) to purchase or lease telecommunications equipment, 
  4.26  computers, and related equipment for integrated information 
  4.27  management systems for: 
  4.28     (i) managing and reporting learner outcome information for 
  4.29  all students under a results-oriented graduation rule; 
  4.30     (ii) managing student assessment, services, and achievement 
  4.31  information required for students with individual education 
  4.32  plans; and 
  4.33     (iii) other classroom information management needs; and 
  4.34     (24) to pay personnel costs directly related to the 
  4.35  acquisition, operation, and maintenance of telecommunications 
  4.36  systems, computers, related equipment, and network and 
  5.1   applications software. 
  5.2      Sec. 6.  [EFFECTIVE DATE.] 
  5.3      Sections 1 to 5 are effective July 1, 2000.