HF 772

as introduced - 80th Legislature (1997 - 1998) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act
  1.2             relating to education; modifying the health and safety 
  1.3             revenue program to include indoor air quality 
  1.4             management; requiring additional information for new 
  1.5             school construction projects; creating a task force; 
  1.6             appropriating money; amending Minnesota Statutes 1996, 
  1.7             sections 121.15, by adding subdivisions; and 124.83, 
  1.8             subdivisions 1 and 2. 
  1.9   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.10     Section 1.  Minnesota Statutes 1996, section 121.15, is 
  1.11  amended by adding a subdivision to read: 
  1.12     Subd. 1a.  [INDOOR AIR QUALITY RESOURCES; COMMISSIONER'S 
  1.13  ROLE.] As part of the consultation under subdivision 1, the 
  1.14  commissioner shall provide each school district with information 
  1.15  concerning indoor air quality. 
  1.16     Sec. 2.  Minnesota Statutes 1996, section 121.15, is 
  1.17  amended by adding a subdivision to read: 
  1.18     Subd. 7b.  [INDOOR AIR QUALITY; DISTRICT INFORMATION.] A 
  1.19  school board seeking a review and comment under this section 
  1.20  must submit information to the commissioner's satisfaction 
  1.21  demonstrating that indoor air quality issues have been 
  1.22  considered during the development of construction plans. 
  1.23     Sec. 3.  Minnesota Statutes 1996, section 124.83, 
  1.24  subdivision 1, is amended to read: 
  1.25     Subdivision 1.  [HEALTH AND SAFETY PROGRAM.] To receive 
  1.26  health and safety revenue for any fiscal year a district must 
  1.27  submit to the commissioner of children, families, and learning 
  2.1   an application for aid and levy by the date determined by the 
  2.2   commissioner.  The application may be for hazardous substance 
  2.3   removal, fire and life safety code repairs, labor and industry 
  2.4   regulated facility and equipment violations, and health, safety, 
  2.5   and environmental management, including indoor air quality 
  2.6   management.  The application must include a health and safety 
  2.7   program adopted by the school district board.  The program must 
  2.8   include the estimated cost, per building, of the program by 
  2.9   fiscal year. 
  2.10     Sec. 4.  Minnesota Statutes 1996, section 124.83, 
  2.11  subdivision 2, is amended to read: 
  2.12     Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
  2.13  health and safety program.  The program must include plans, 
  2.14  where applicable, for hazardous substance removal, fire and life 
  2.15  safety code repairs, regulated facility and equipment 
  2.16  violations, and health, safety, and environmental management, 
  2.17  including indoor air quality management.  
  2.18     (a) A hazardous substance plan must contain provisions for 
  2.19  the removal or encapsulation of asbestos from school buildings 
  2.20  or property, asbestos-related repairs, cleanup and disposal of 
  2.21  polychlorinated biphenyls found in school buildings or property, 
  2.22  and cleanup, removal, disposal, and repairs related to storing 
  2.23  heating fuel or transportation fuels such as alcohol, gasoline, 
  2.24  fuel, oil, and special fuel, as defined in section 296.01.  If a 
  2.25  district has already developed a plan for the removal or 
  2.26  encapsulation of asbestos as required by the federal Asbestos 
  2.27  Hazard Emergency Response Act of 1986, the district may use a 
  2.28  summary of that plan, which includes a description and schedule 
  2.29  of response actions, for purposes of this section.  The plan 
  2.30  must also contain provisions to make modifications to existing 
  2.31  facilities and equipment necessary to limit personal exposure to 
  2.32  hazardous substances, as regulated by the federal Occupational 
  2.33  Safety and Health Administration under Code of Federal 
  2.34  Regulations, title 29, part 1910, subpart Z; or is determined by 
  2.35  the commissioner to present a significant risk to district staff 
  2.36  or student health and safety as a result of foreseeable use, 
  3.1   handling, accidental spill, exposure, or contamination. 
  3.2      (b) A fire and life safety plan must contain a description 
  3.3   of the current fire and life safety code violations, a plan for 
  3.4   the removal or repair of the fire and life safety hazard, and a 
  3.5   description of safety preparation and awareness procedures to be 
  3.6   followed until the hazard is fully corrected. 
  3.7      (c) A facilities and equipment violation plan must contain 
  3.8   provisions to correct health and safety hazards as provided in 
  3.9   department of labor and industry standards pursuant to section 
  3.10  182.655.  
  3.11     (d) A health, safety, and environmental management plan 
  3.12  must contain a description of training, record keeping, hazard 
  3.13  assessment, and program management as defined in section 124.829.
  3.14     (e) A plan to test for and mitigate radon produced hazards. 
  3.15     (f) A plan to monitor and improve indoor air quality. 
  3.16     Sec. 5.  [INDOOR AIR QUALITY TASK FORCE.] 
  3.17     Subdivision 1.  [ESTABLISHMENT.] An indoor air quality task 
  3.18  force is established. 
  3.19     Subd. 2.  [MEMBERSHIP.] The task force shall consist of 17 
  3.20  members including: 
  3.21     (1) a representative from the department of children, 
  3.22  families, and learning; 
  3.23     (2) a representative from the department of health; 
  3.24     (3) a representative from the department of administration; 
  3.25     (4) one legislator appointed by the speaker of the house; 
  3.26     (5) one legislator appointed by the senate committee on 
  3.27  rules and administration; 
  3.28     (6) a representative from the office of environmental 
  3.29  assistance; 
  3.30     (7) a representative from the department of public service; 
  3.31     (8) a representative from the Minnesota School Boards 
  3.32  Association; 
  3.33     (9) one representative from each of the Minnesota 
  3.34  affiliates of the American Lung Association; and 
  3.35     (10) seven public members appointed by the commissioner of 
  3.36  children, families, and learning, including teachers, parents, 
  4.1   and other persons with expertise regarding indoor air quality. 
  4.2      Subd. 3.  [ORGANIZATION.] The task force shall elect a 
  4.3   chairperson from its members.  The commissioner of children, 
  4.4   families, and learning shall call the first task force meeting.  
  4.5   Subsequent task force meetings shall be held at the call of the 
  4.6   chair.  The task force shall be organized and administered 
  4.7   according to Minnesota Statutes, section 15.059. 
  4.8      Subd. 4.  [DUTIES.] Duties of the indoor air quality task 
  4.9   force include: 
  4.10     (1) determining the proper role of an indoor air quality 
  4.11  ombudsperson; 
  4.12     (2) developing a set of guidelines for process standards 
  4.13  for school districts and the department of children, families, 
  4.14  and learning to follow when addressing indoor air quality 
  4.15  concerns; 
  4.16     (3) recommending informational materials for a model school 
  4.17  district indoor air quality program; 
  4.18     (4) recommending training needs for school district 
  4.19  employees; 
  4.20     (5) developing guidelines for school districts to follow 
  4.21  when disseminating indoor air quality information and test 
  4.22  results to parents, teachers, and others; and 
  4.23     (6) assessing whether the review and comment process for 
  4.24  school building projects should include: 
  4.25     (i) specific evaluations of proposed construction standards 
  4.26  and materials; and 
  4.27     (ii) an inspection of the facility and its mechanical 
  4.28  system. 
  4.29     Subd. 5.  [REPORT.] The task force shall report its 
  4.30  findings and recommendations to the legislature by January 30, 
  4.31  1998. 
  4.32     Subd. 6.  [EXPIRATION.] The indoor air quality task force 
  4.33  expires February 1, 1998. 
  4.34     Sec. 6.  [APPROPRIATIONS.] 
  4.35     Subdivision 1.  [CHILDREN, FAMILIES, AND LEARNING 
  4.36  DEPARTMENT.] The sums indicated in this section are appropriated 
  5.1   from the general fund to the department of children, families, 
  5.2   and learning in the fiscal years designated: 
  5.3      Subd. 2.  [INDOOR AIR QUALITY OMBUDSPERSON.] For an indoor 
  5.4   air quality ombudsperson: 
  5.5        $  ...,...     .....     1998 
  5.6      The duties of the indoor air quality ombudsperson include: 
  5.7      (1) working with the facilities management team of the 
  5.8   department of children, families, and learning; other state 
  5.9   agencies, including the department of health and the office of 
  5.10  environmental assistance; and others to develop, publicize, and 
  5.11  distribute information and resources regarding indoor air 
  5.12  quality in school buildings; 
  5.13     (2) informing parents, teachers, and school officials of 
  5.14  resources available to individuals with indoor air quality 
  5.15  concerns; and 
  5.16     (3) providing information and technical assistance to 
  5.17  school district administrators to improve the indoor air quality 
  5.18  of school buildings. 
  5.19     This appropriation is available until June 30, 1999. 
  5.20     Subd. 3.  [TASK FORCE.] For expenses associated with the 
  5.21  indoor air quality advisory task force under section 5. 
  5.22       $  ...,...     .....     1998