SF 579

1st Engrossment - 93rd Legislature (2023 - 2024) Posted on 06/29/2023 04:31pm

A bill for an act
relating to education; modifying lead testing and remediation requirements in
schools; requiring a report; appropriating money; amending Minnesota Statutes
2022, sections 121A.335; 123B.595, subdivisions 1, 2, 7, 8, 8a, 9.

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

Section 1.

Minnesota Statutes 2022, section 121A.335, is amended to read:

121A.335 LEAD IN SCHOOL DRINKING WATER.

Subdivision 1.

Model plan.

The commissioners of health and education shall jointly
develop a model plan to require school districts to accurately and efficiently test for the
presence of lead in water in public school buildings serving students in kindergarten through
grade 12. To the extent possible, the commissioners shall base the plan on the standards
established by the United States Environmental Protection Agency. The plan may be based
on the technical guidance in the Department of Health's document, "Reducing Lead in
Drinking Water: A Technical Guidance for Minnesota's School and Child Care Facilities." new text begin
The plan must include recommendations for remediation efforts when testing reveals the
presence of lead above five parts per billion.
new text end

Subd. 2.

School plans.

new text begin (a) new text end By July 1, 2018, the board of each school district or charter
school must adopt the commissioners' model plan or develop and adopt an alternative plan
to accurately and efficiently test for the presence of lead in water in school buildings serving
prekindergarten students and students in kindergarten through grade 12.

new text begin (b) By July 1, 2024, a school district or charter school must revise its plan to include its
policies and procedures for ensuring consistent water quality throughout the district's or
charter school's facilities. The plan must document the routine water management strategies
and procedures used in each building or facility to maintain water quality and reduce exposure
to lead. A district or charter school must base the plan on the United States Environmental
Protection Agency's "Ensuring Drinking Water Quality in Schools During and After Extended
Closures" fact sheet and United States Environmental Protection Agency's "3Ts Toolkit for
Reducing Lead in Drinking Water in Schools and Child Care Facilities." A district or charter
school's plan must be publicly available upon request.
new text end

Subd. 3.

Frequency of testing.

(a) The plan under subdivision 2 must include a testing
schedule for every building serving prekindergarten through grade 12 students. The schedule
must require that each building be tested at least once every five years. A school district or
charter school must begin testing school buildings by July 1, 2018, and complete testing of
all buildings that serve students within five years.

(b) A school district or charter school that finds lead at a specific location providing
cooking or drinking water within a facility must formulate, make publicly available, and
implement a plan that is consistent with established guidelines and recommendations to
ensure that student exposure to lead is deleted text begin minimized deleted text end new text begin reduced to at or below five parts per billion
as verified by a retest new text end . This includes, when a school district or charter school finds the
presence of lead deleted text begin at a level where action should be taken as set by the guidance deleted text end new text begin above five
parts per billion new text end in any water deleted text begin source deleted text end new text begin fixture new text end that can provide cooking or drinking water,
immediately shutting off the water deleted text begin source deleted text end new text begin fixture new text end or making it unavailable until the hazard
has been deleted text begin minimized deleted text end new text begin remediated, as verified by a retest new text end .

new text begin (c) A school district or charter school must test for the presence of lead after completing
remediation activities required under this section to confirm that the water contains lead at
a level at or below five parts per billion.
new text end

Subd. 4.

Ten-year facilities plan.

A school district may include lead testing and
remediation as a part of its ten-year facilities plan under section 123B.595.

Subd. 5.

Reporting.

new text begin (a) new text end A school district or charter school deleted text begin that has tested its buildings deleted text end
deleted text begin for the presence of lead shall make the results of the testing available to the public for review
deleted text end deleted text begin and must notify parents of the availability of the information. deleted text end new text begin must send parents an annual
notice that includes the district's or charter school's annual testing and remediation plan,
information about how to find test results, and a description of remediation efforts on the
district website. The district or charter school must update the lead testing and remediation
information on its website at least annually as new testing or remediation information
becomes available. In addition to the annual notice, the district or charter school must include
in an official school handbook or official school policy guide information on how parents
may find the test results and a description of remediation efforts on the district or charter
school website and how often this information is updated.
new text end

deleted text begin School districts and charter schools must follow the actions outlined in guidance deleted text end deleted text begin from
the commissioners of health and education. deleted text end new text begin (b) new text end If a test conducted under subdivision 3,
paragraph (a), reveals the presence of lead above deleted text begin a level where action should be taken as
set by the guidance deleted text end new text begin five parts per billion new text end , the school district or charter school must, within
30 days of receiving the test result, either remediate the presence of lead to deleted text begin below the level
set in guidance deleted text end new text begin five parts per billion or less new text end , verified by retest, or directly notify parents of
the test result. deleted text begin The school district or charter school must make the water source unavailable
until the hazard has been minimized.
deleted text end

new text begin (c) Starting July 1, 2024, school districts and charter schools must report their test results
and remediation activities to the commissioner of health in the form and manner determined
by the commissioner in consultation with school districts and charter schools by July 1 of
each year. The commissioner of health must post, and annually update, the test results and
remediation efforts on the department website, by school site.
new text end

new text begin (d) A district or charter school must maintain a record of lead testing results and
remediation activities for at least 15 years.
new text end

new text begin Subd. 6. new text end

new text begin Public water system. new text end

new text begin (a) A district or charter school is not financially
responsible for remediation of documented elevated lead levels in drinking water caused
by the presence of lead infrastructure owned by a public water supply utility providing water
to the school facility, such as lead service lines, meters, galvanized service lines downstream
of lead, or lead connectors. The district or charter school must communicate with the public
water system regarding its documented significant contribution to lead contamination in
school drinking water and request from the public water system a plan for reducing the lead
contamination.
new text end

new text begin (b) If the infrastructure is jointly owned by a district or charter school and a public water
supply utility, the district or charter school must attempt to coordinate any needed
replacements of lead service lines with the public water supply utility. Except in an
emergency, in performing remediation under this section, a district or charter school or a
public water supply utility must not perform a partial replacement of a lead service line.
For purposes of this paragraph, "partial replacement" means replacing a portion of a service
line without replacing the entire service line.
new text end

new text begin (c) A district or charter school may defer its remediation activities under this section
until after the elevated lead level in the public water system's infrastructure is remediated
and postremediation testing does not detect an elevated lead level in the drinking water that
passes through that infrastructure. A district or charter school may also defer its remediation
activities if the public water supply exceeds the federal Safe Drinking Water Act lead action
level or is in violation of the Safe Drinking Water Act Lead and Copper Rule.
new text end

new text begin Subd. 7. new text end

new text begin Commissioner recommendations. new text end

new text begin By January 1, 2026, and every five years
thereafter, the commissioner of health must report to the legislative committees having
jurisdiction over health and kindergarten through grade 12 education any recommended
changes to this section. The recommendations must be based on currently available scientific
evidence regarding the effects of lead in drinking water.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 2.

Minnesota Statutes 2022, section 123B.595, subdivision 1, is amended to read:

Subdivision 1.

Long-term facilities maintenance revenue.

deleted text begin (a) For fiscal year 2017
only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
times the district's adjusted pupil units times the lesser of one or the ratio of the district's
average building age to 35 years, plus the cost approved by the commissioner for indoor
air quality, fire alarm and suppression, and asbestos abatement projects under section
123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
school district with an approved voluntary prekindergarten program under section 124D.151,
the cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
district with an approved voluntary prekindergarten program under section 124D.151, the
cost approved by the commissioner for remodeling existing instructional space to
accommodate prekindergarten instruction.
deleted text end

deleted text begin (b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the greater
of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of one or
the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
per site, plus (iii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction, or (2) the sum of (i) the
amount the district would have qualified for under Minnesota Statutes 2014, section 123B.57,
Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591,
and (ii) for a school district with an approved voluntary prekindergarten program under
section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction.
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end For fiscal year deleted text begin 2019 deleted text end new text begin 2024 new text end and later, long-term facilities maintenance revenue
equals the greater of new text begin :
new text end

(1) the sum of (i) $380 times the district's adjusted pupil units times the lesser of one or
the ratio of the district's average building age to 35 years, deleted text begin plus deleted text end (ii) the cost approved by the
commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
per site, deleted text begin plus deleted text end (iii) for a school district with an approved voluntary prekindergarten program
under section 124D.151, the cost approved by the commissioner for remodeling existing
instructional space to accommodate prekindergarten instruction, new text begin and (iv) the costs for
remediation of lead in the school's drinking water, including the cost of filters; new text end or

(2) the sum of (i) the amount the district would have qualified for under Minnesota
Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
Statutes 2014, section 123B.591, and (ii) for a school district with an approved voluntary
prekindergarten program under section 124D.151, the cost approved by the commissioner
for remodeling existing instructional space to accommodate prekindergarten instruction.

deleted text begin (d) deleted text end new text begin (b) new text end Notwithstanding deleted text begin paragraphs deleted text end new text begin paragraph new text end (a), deleted text begin (b), and (c), deleted text end a school district that
qualified for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1,
paragraph (a), for fiscal year 2010 remains eligible for funding under this section as a district
that would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
subdivision 1, paragraph (a), for fiscal year 2017 and later.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 3.

Minnesota Statutes 2022, section 123B.595, subdivision 2, is amended to read:

Subd. 2.

Long-term facilities maintenance revenue for a charter school.

deleted text begin (a) For fiscal
year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
times the adjusted pupil units.
deleted text end

deleted text begin (b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
school equals $85 times the adjusted pupil units.
deleted text end

deleted text begin (c) deleted text end For fiscal year deleted text begin 2019 deleted text end new text begin 2024 new text end and later, long-term facilities maintenance revenue for a
charter school equals new text begin the sum of new text end $132 times the adjusted pupil units new text begin for that year, plus the
costs approved by the commissioner of health for remediation of lead in the school's drinking
water, including the cost of filters new text end .

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 4.

Minnesota Statutes 2022, section 123B.595, subdivision 7, is amended to read:

Subd. 7.

Long-term facilities maintenance equalization revenue.

deleted text begin (a) For fiscal year
2017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
deleted text end

deleted text begin (b) For fiscal year 2018 only, a district's long-term facilities maintenance equalization
revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's
revenue under subdivision 1.
deleted text end

deleted text begin (c) deleted text end new text begin (a) new text end For fiscal year deleted text begin 2019 deleted text end new text begin 2024 new text end and later, a district's long-term facilities maintenance
equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the
district's revenue under subdivision 1.

deleted text begin (d) deleted text end new text begin (b) new text end Notwithstanding deleted text begin paragraphs deleted text end new text begin paragraph new text end (a) deleted text begin to (c) deleted text end , a district's long-term facilities
maintenance equalization revenue must not be less than the lesser of the district's long-term
facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
under new text begin Minnesota Statutes 2014, new text end section 123B.59, subdivision 6.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 5.

Minnesota Statutes 2022, section 123B.595, subdivision 8, is amended to read:

Subd. 8.

Long-term facilities maintenance equalized levy.

(a) deleted text begin For fiscal year 2017
and later, deleted text end A district's long-term facilities maintenance equalized levy equals the district's
long-term facilities maintenance equalization revenue minus the greater of:

(1) the lesser of the district's long-term facilities maintenance equalization revenue or
the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
section 123B.59, subdivision 6; or

(2) the district's long-term facilities maintenance equalization revenue times the greater
of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
in the year preceding the year the levy is certified to 123 percent of the state average adjusted
net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
the levy is certified.

(b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
in section 126C.01, subdivision 2, paragraph (b).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 6.

Minnesota Statutes 2022, section 123B.595, subdivision 8a, is amended to read:

Subd. 8a.

Long-term facilities maintenance unequalized levy.

deleted text begin For fiscal year 2017
and later, deleted text end A district's long-term facilities maintenance unequalized levy equals the difference
between the district's revenue under subdivision 1 and the district's equalization revenue
under subdivision 7.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 7.

Minnesota Statutes 2022, section 123B.595, subdivision 9, is amended to read:

Subd. 9.

Long-term facilities maintenance equalized aid.

deleted text begin For fiscal year 2017 and
later, deleted text end A district's long-term facilities maintenance equalized aid equals its long-term facilities
maintenance equalization revenue minus its long-term facilities maintenance equalized levy
times the ratio of the actual equalized amount levied to the permitted equalized levy.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end

Sec. 8. new text begin APPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Education. new text end

new text begin The sums indicated in this section are
appropriated from the general fund to the Department of Education in the fiscal years
designated.
new text end

new text begin Subd. 2. new text end

new text begin Lead remediation. new text end

new text begin (a) For transfer to the commissioner of health for lead
remediation activities:
new text end

	new text begin $ new text end	new text begin 263,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 514,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) Of the amounts in paragraph (a), for fiscal year 2025, $200,000 is for grants to
American Indian Tribal contract schools for lead remediation activities. A Tribal contract
or grant school that receives revenue under Minnesota Statutes, section 124D.83, is eligible
for a grant under this subdivision. Grants must be used to test drinking water for the presence
of lead or to reduce or eliminate lead in the drinking water at the school site. An applicant
for a grant must submit to the commissioner a plan to test for lead or the results of any
testing performed in the previous five years and a description of how grant funds will be
used.
new text end

new text begin (c) The base for fiscal year 2026 and later is $514,000, of which $200,000 per year is
for grants to American Indian Tribal contract schools for lead remediation activities.
new text end

new text begin Subd. 3. new text end

new text begin Additional long-term facilities maintenance revenue. new text end

new text begin (a) For additional
long-term facilities maintenance aid under Minnesota Statutes, section 123B.595, subdivision
2, for the purposes of lead remediation:
new text end

	new text begin $ new text end	new text begin 1,530,000 new text end	new text begin ..... new text end	new text begin 2024 new text end
	new text begin $ new text end	new text begin 425,000 new text end	new text begin ..... new text end	new text begin 2025 new text end

new text begin (b) The 2024 appropriation includes $0 for 2023 and $1,530,000 for 2024.
new text end

new text begin (c) The 2025 appropriation includes $255,000 for 2024 and $170,000 for 2025.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2023.
new text end