1.1 	A bill for an act
1.2 	relating to education; modifying lead testing and remediation requirements in 
1.3 	schools; modifying long-term facilities revenue; requiring a report; appropriating 
1.4 	money;amending Minnesota Statutes 2020, sections 121A.335; 123B.595, 
1.5 	subdivisions 1, 2, 7, 8, 8a, 9.
1.6 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.7 	Section 1. Minnesota Statutes 2020, section 121A.335, is amended to read:
1.8 	121A.335 LEAD IN SCHOOL DRINKING WATER.
1.9 		Subdivision 1.Model plan. The commissioners of health and education shall jointly 
1.10 	develop a model plan to require school districts to accurately and efficiently test for the 
1.11 	presence of lead in water in public school buildings serving students in kindergarten through 
1.12 	grade 12. To the extent possible, the commissioners shall base the plan on the standards 
1.13 	established by the United States Environmental Protection Agency. The plan may be based 
1.14 	on the technical guidance in the Department of Health's document, "Reducing Lead in 
1.15 	Drinking Water: A Technical Guidance for Minnesota's School and Child Care Facilities."
1.16 	The plan must include recommendations for remediation efforts when testing reveals the 
1.17 	presence of lead above five parts per billion.
1.18 		Subd. 2.School plans. By July 1, 2018, the board of each school district or charter 
1.19 	school must adopt the commissioners' model plan or develop and adopt an alternative plan 
1.20 	to accurately and efficiently test for the presence of lead in water in school buildings serving 
1.21 	prekindergarten students and students in kindergarten through grade 12.
1.22 		Subd. 3.Frequency of testing. (a) The plan under subdivision 2 must include a testing 
1.23 	schedule for every building serving prekindergarten through grade 12 students. The schedule 
2.1 	must require that each building be tested at least once every five years. A school district or 
2.2 	charter school must begin testing school buildings by July 1, 2018, and complete testing of 
2.3 	all buildings that serve students within five years.
2.4 	(b) A school district or charter school that finds lead at a specific location providing 
2.5 	cooking or drinking water within a facility must formulate, make publicly available, and 
2.6 	implement a plan that is consistent with established guidelines and recommendations to 
2.7 	ensure that student exposure to lead is minimized. This includes, when a school district or 
2.8 	charter school finds the presence of lead at a level where action should be taken as set by 
2.9 	the guidance above five parts per billion in any water source that can provide cooking or 
2.10 	drinking water, immediately shutting off the water source or making it unavailable until the 
2.11 	hazard has been minimized.
2.12 	(c) A school district or charter school must test for the presence of lead after completing 
2.13 	remediation activities required under this section to confirm that the water contains lead at 
2.14 	a level less than five parts per billion.
2.15 		Subd. 4.Ten-year facilities plan. A school district may must include lead testing and 
2.16 	remediation as a part of its ten-year facilities plan under section 123B.595.
2.17 		Subd. 5.Reporting. (a) A school district or charter school that has tested its buildings 
2.18 	for the presence of lead shall make the results of the testing available to the public for review 
2.19 	and must notify parents of the availability of the information. School districts and charter 
2.20 	schools must follow the actions outlined in guidance from the commissioners of health and 
2.21 	education. If a test conducted under subdivision 3, paragraph (a), reveals the presence of 
2.22 	lead above a level where action should be taken as set by the guidance five parts per billion, 
2.23 	the school district or charter school must, within 30 days of receiving the test result, either
2.24 	remediate the presence of lead to below the level set in guidance five parts per billion, 
2.25 	verified by retest, or and directly notify parents of the test result. The school district or 
2.26 	charter school must make the water source unavailable until the hazard has been minimized.
2.27 	(b) School districts and charter schools must report their test results to the commissioner 
2.28 	of health in the form and manner determined by the commissioner. If a test reveals the 
2.29 	presence of lead above five parts per billion, the school district or charter school must also 
2.30 	report its remediation efforts. The commissioner of health must post, and annually update, 
2.31 	the test results and remediation efforts on the department website, by school site.
2.32 		Subd. 6.Commissioner recommendations. By January 1, 2025, and every five years 
2.33 	thereafter, the commissioner of health must report to the legislative committees having 
2.34 	jurisdiction over health and kindergarten through grade 12 education any recommended 
3.1 	changes to this section, including whether to change the level of lead that requires 
3.2 	remediation. The recommendations must be based on currently available scientific evidence 
3.3 	regarding the effects of lead in drinking water.

3.4 	EFFECTIVE DATE. This section is effective July 1, 2022.

3.5 	Sec. 2. Minnesota Statutes 2020, section 123B.595, subdivision 1, is amended to read:
3.6 		Subdivision 1.Long-term facilities maintenance revenue. (a) For fiscal year 2017 
3.7 	only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193 
3.8 	times the district's adjusted pupil units times the lesser of one or the ratio of the district's 
3.9 	average building age to 35 years, plus the cost approved by the commissioner for indoor 
3.10 	air quality, fire alarm and suppression, and asbestos abatement projects under section 
3.11 	123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a 
3.12 	school district with an approved voluntary prekindergarten program under section 124D.151, 
3.13 	the cost approved by the commissioner for remodeling existing instructional space to 
3.14 	accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would 
3.15 	have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes 
3.16 	2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school 
3.17 	district with an approved voluntary prekindergarten program under section 124D.151, the 
3.18 	cost approved by the commissioner for remodeling existing instructional space to 
3.19 	accommodate prekindergarten instruction.
3.20 	(b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the greater 
3.21 	of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of one or 
3.22 	the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the 
3.23 	commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement 
3.24 	projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more 
3.25 	per site, plus (iii) for a school district with an approved voluntary prekindergarten program 
3.26 	under section 124D.151, the cost approved by the commissioner for remodeling existing 
3.27 	instructional space to accommodate prekindergarten instruction, or (2) the sum of (i) the 
3.28 	amount the district would have qualified for under Minnesota Statutes 2014, section 123B.57, 
3.29 	Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, 
3.30 	and (ii) for a school district with an approved voluntary prekindergarten program under 
3.31 	section 124D.151, the cost approved by the commissioner for remodeling existing 
3.32 	instructional space to accommodate prekindergarten instruction.
3.33 	(c)(a) For fiscal year 2019 2023 and later, long-term facilities maintenance revenue 
3.34 	equals the greater of:
4.1 	(1) the sum of (i) $380 times the district's adjusted pupil units times the lesser of one or 
4.2 	the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the 
4.3 	commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement 
4.4 	projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more 
4.5 	per site, plus (iii) for a school district with an approved voluntary prekindergarten program 
4.6 	under section 124D.151, the cost approved by the commissioner for remodeling existing 
4.7 	instructional space to accommodate prekindergarten instruction, and (iv) the costs approved 
4.8 	by the commissioner of health for remediation of lead in the school's drinking water, 
4.9 	including the cost of filters; or
4.10 	(2) the sum of (i) the amount the district would have qualified for under Minnesota 
4.11 	Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota 
4.12 	Statutes 2014, section 123B.591, and (ii) for a school district with an approved voluntary 
4.13 	prekindergarten program under section 124D.151, the cost approved by the commissioner 
4.14 	for remodeling existing instructional space to accommodate prekindergarten instruction.
4.15 	(d) (b) Notwithstanding paragraphs paragraph (a), (b), and (c), a school district that 
4.16 	qualified for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1, 
4.17 	paragraph (a), for fiscal year 2010 remains eligible for funding under this section as a district 
4.18 	that would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59, 
4.19 	subdivision 1, paragraph (a), for fiscal year 2017 and later.

4.20 	EFFECTIVE DATE. This section is effective July 1, 2022.

4.21 	Sec. 3. Minnesota Statutes 2020, section 123B.595, subdivision 2, is amended to read:
4.22 		Subd. 2.Long-term facilities maintenance revenue for a charter school. (a) For fiscal 
4.23 	year 2017 only, long-term facilities maintenance revenue for a charter school equals $34 
4.24 	times the adjusted pupil units.
4.25 	(b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter 
4.26 	school equals $85 times the adjusted pupil units.
4.27 	(c) For fiscal year 2019 2023 and later, long-term facilities maintenance revenue for a 
4.28 	charter school equals the sum of $132 times the adjusted pupil units for that year, and the 
4.29 	costs approved by the commissioner of health for remediation of lead in the school's drinking 
4.30 	water, including the cost of filters.

4.31 	EFFECTIVE DATE. This section is effective July 1, 2022.

5.1 	Sec. 4. Minnesota Statutes 2020, section 123B.595, subdivision 7, is amended to read:
5.2 		Subd. 7.Long-term facilities maintenance equalization revenue. (a) For fiscal year 
5.3 	2017 only, a district's long-term facilities maintenance equalization revenue equals the lesser 
5.4 	of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
5.5 	(b) For fiscal year 2018 only, a district's long-term facilities maintenance equalization 
5.6 	revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's 
5.7 	revenue under subdivision 1.
5.8 	(c) (a) For fiscal year 2019 2023 and later, a district's long-term facilities maintenance 
5.9 	equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the 
5.10 	district's revenue under subdivision 1.
5.11 	(d) (b) Notwithstanding paragraphs paragraph (a) to (c), a district's long-term facilities 
5.12 	maintenance equalization revenue must not be less than the lesser of the district's long-term 
5.13 	facilities maintenance revenue or the amount of aid the district received for fiscal year 2015 
5.14 	under Minnesota Statutes 2014, section 123B.59, subdivision 6.

5.15 	EFFECTIVE DATE. This section is effective July 1, 2022.

5.16 	Sec. 5. Minnesota Statutes 2020, section 123B.595, subdivision 8, is amended to read:
5.17 		Subd. 8.Long-term facilities maintenance equalized levy. (a) For fiscal year 2017 
5.18 	and later, A district's long-term facilities maintenance equalized levy equals the district's 
5.19 	long-term facilities maintenance equalization revenue minus the greater of:
5.20 	(1) the lesser of the district's long-term facilities maintenance equalization revenue or 
5.21 	the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014, 
5.22 	section 123B.59, subdivision 6; or
5.23 	(2) the district's long-term facilities maintenance equalization revenue times the greater 
5.24 	of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit 
5.25 	in the year preceding the year the levy is certified to 123 percent of the state average adjusted 
5.26 	net tax capacity per adjusted pupil unit for all school districts in the year preceding the year 
5.27 	the levy is certified.
5.28 	(b) For purposes of this subdivision, "adjusted net tax capacity" means the value described 
5.29 	in section 126C.01, subdivision 2, paragraph (b).

5.30 	EFFECTIVE DATE. This section is effective July 1, 2022.

6.1 	Sec. 6. Minnesota Statutes 2020, section 123B.595, subdivision 8a, is amended to read:
6.2 		Subd. 8a.Long-term facilities maintenance unequalized levy. For fiscal year 2017 
6.3 	and later, A district's long-term facilities maintenance unequalized levy equals the difference 
6.4 	between the district's revenue under subdivision 1 and the district's equalization revenue 
6.5 	under subdivision 7.

6.6 	EFFECTIVE DATE. This section is effective July 1, 2022.

6.7 	Sec. 7. Minnesota Statutes 2020, section 123B.595, subdivision 9, is amended to read:
6.8 		Subd. 9.Long-term facilities maintenance equalized aid. For fiscal year 2017 and 
6.9 	later, A district's long-term facilities maintenance equalized aid equals its long-term facilities 
6.10 	maintenance equalization revenue minus its long-term facilities maintenance equalized levy 
6.11 	times the ratio of the actual equalized amount levied to the permitted equalized levy.

6.12 	EFFECTIVE DATE. This section is effective July 1, 2022.

6.13 	Sec. 8. APPROPRIATION.
 6.14 		Subdivision 1.Department of Education. The sums indicated in this section are 
6.15 	appropriated from the general fund to the Department of Education in the fiscal years 
6.16 	designated.
6.17 		Subd. 2.Lead remediation. (a) For transfer to the commissioner of health for grants to 
6.18 	American Indian Tribal contract schools for lead remediation activities:

6.19		$
	.......
	.....
	2023
	
6.20 	(b) A Tribal contract or grant school that receives revenue under Minnesota Statutes, 
6.21 	section 124D.83, is eligible for a grant under this subdivision. Grants must be used to test 
6.22 	drinking water for the presence of lead or to reduce or eliminate lead in the drinking water 
6.23 	at the school site. An applicant for a grant must submit to the commissioner a plan to test 
6.24 	for lead or the results of any testing performed in the previous five years and a description 
6.25 	of how grant funds will be used.
6.26 	(c) The base for fiscal year 2024 and later is $........

6.27 	EFFECTIVE DATE. This section is effective July 1, 2022.