SF 3175

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/23/2010 01:38pm

A bill for an act
relating to indoor air quality; requiring indoor ice arenas to have electronic
air monitoring devices; requiring that grants to construct and renovate indoor
ice arenas require an electronic air monitoring device in the facility; requiring
reports; amending Minnesota Statutes 2008, section 240A.09; proposing coding
for new law in Minnesota Statutes, chapter 144; repealing Minnesota Statutes
2008, section 144.1222, subdivision 3.

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

Section 1.

new text begin [144.1223] ENCLOSED SPORTS ARENAS.
new text end

new text begin Subdivision 1. new text end

new text begin Air quality standards. new text end

new text begin An operator of an indoor ice arena must
maintain air quality conditions within the arena at a one-hour average air concentration
of not more than 12.5 parts of carbon monoxide per one million parts of air by volume
and at a one-hour average air concentration of not more than 0.3 part per million of
nitrogen dioxide.
new text end

new text begin Subd. 2. new text end

new text begin Required equipment. new text end

new text begin (a) All indoor ice arenas must contain an
operational electronic air monitoring device with an alarm that is set to activate when
the concentration of carbon monoxide in the facility reaches the levels established in
subdivision 1 and which automatically activates exhaust fans in the facility when those
concentration levels are reached. Indoor ice arena personnel must be trained to operate and
maintain an indoor ice arena's electronic air monitoring device. An electric air monitoring
device is not required in an indoor ice arena that uses only electric resurfacers and edgers.
new text end

new text begin (b) This subdivision is effective upon the approval of the commissioner of
appropriate monitoring devices and the establishment of training protocols in the use of
the devices but no later than January 1, 2011.
new text end

new text begin Subd. 3. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section, the following terms have
the meanings given:
new text end

new text begin (1) "indoor ice arena" has the meaning given in Minnesota Rules, part 4620.4000,
subpart 7; and
new text end

new text begin (2) "electronic air monitoring device" means a device that:
new text end

new text begin (i) continuously monitors the concentration of carbon monoxide and nitrogen
dioxide in the air inside an indoor ice arena;
new text end

new text begin (ii) contains an alarm that may be set to activate when the concentration of carbon
monoxide or nitrogen dioxide in the indoor ice arena reaches a specified level; and
new text end

new text begin (iii) may be connected to exhaust fans in the facility that are activated automatically
when the concentration of carbon monoxide or nitrogen dioxide in the facility reaches a
specified level.
new text end

new text begin Subd. 4. new text end

new text begin Rules. new text end

new text begin The commissioner of health shall be responsible for the adoption of
rules and enforcement of applicable laws and rules relating to indoor air quality in the
operation and maintenance of enclosed sports arenas. Section 14.125 does not apply to
rules adopted under this subdivision.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 2.

Minnesota Statutes 2008, section 240A.09, is amended to read:

240A.09 PLAN DEVELOPMENT; CRITERIA.

The Minnesota Amateur Sports Commission shall develop a plan to promote the
development of proposals for new statewide public ice facilities including proposals for
ice centers and matching grants based on the criteria in this section.

(a) For ice center proposals, the commission will give priority to proposals that
come from more than one local government unit. Institutions of higher education are not
eligible to receive a grant.

(b) In the metropolitan area as defined in section 473.121, subdivision 2, the
commission is encouraged to give priority to the following proposals:

(1) proposals for construction of two or more ice sheets in a single new facility;

(2) proposals for construction of an additional sheet of ice at an existing ice center;

(3) proposals for construction of a new, single sheet of ice as part of a sports complex
with multiple sports facilities; and

(4) proposals for construction of a new, single sheet of ice that will be expanded to a
two-sheet facility in the future.

(c) The commission shall administer a site selection process for the ice centers. The
commission shall invite proposals from cities or counties or consortia of cities. A proposal
for an ice center must include matching contributions including in-kind contributions of
land, access roadways and access roadway improvements, and necessary utility services,
landscaping, and parking.

(d) Proposals for ice centers and matching grants must provide for meeting the
demand for ice time for female groups by offering up to 50 percent of prime ice time, as
needed, to female groups. For purposes of this section, prime ice time means the hours
of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays
and Sundays.

(e) The location for all proposed facilities must be in areas of maximum
demonstrated interest and must maximize accessibility to an arterial highway.

(f) To the extent possible, all proposed facilities must be dispersed equitably, must
be located to maximize potential for full utilization and profitable operation, and must
accommodate noncompetitive family and community skating for all ages.

(g) The commission may also use the money to upgrade current facilities, purchase
girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.

(h) To the extent possible, 50 percent of all grants must be awarded to communities
in greater Minnesota.

(i) To the extent possible, technical assistance shall be provided to Minnesota
communities by the commission on ice arena planning, design, and operation, including
the marketing of ice time.

(j) A grant for new facilities may not exceed $250,000.

(k) The commission may make grants for rehabilitation and renovation. A
rehabilitation or renovation grant may not exceed $100,000. Priority must be given to
grant applications for indoor air quality improvements, including zero emission ice
resurfacing equipment.

(l) Grant money may be used for ice centers designed for sports other than hockey.

(m) Grant money may be used to upgrade existing facilities to comply with the
bleacher safety requirements of section 326B.112.

new text begin (n) No grant for construction or renovation of a public indoor ice facility may be
made under this section unless the facility contains an operational electronic air monitoring
device approved by the Department of Health. Grants made under this section may be used
to purchase an electronic air monitoring device approved by the Department of Health.
For purposes of this section, an "electronic air monitoring device" means a device that:
new text end

new text begin (1) continuously monitors the concentration of carbon monoxide and nitrogen
dioxide in the air inside a public indoor ice facility;
new text end

new text begin (2) contains an alarm that may be set to activate when the concentration of carbon
monoxide or nitrogen dioxide in the indoor ice facility reaches a specified level; and
new text end

new text begin (3) may be connected to exhaust fans in the indoor ice facility that are activated
automatically when the concentration of carbon monoxide or nitrogen dioxide in the
indoor ice facility reaches a specified level.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 3. new text begin COMPLIANCE REPORT AND ENFORCEMENT PLAN ON INDOOR
AIR QUALITY IN INDOOR ICE ARENAS.
new text end

new text begin (a) By February 1, 2011, the commissioner of health shall submit a report to
the chairs and ranking minority members of the senate and house of representatives
committees with primary jurisdiction over public health that contains the following
information with respect to indoor air quality in indoor ice arenas for each of the preceding
three calendar years:
new text end

new text begin (1) a list of on-site inspections of indoor ice arenas made by the Department of
Health, including the date of each inspection;
new text end

new text begin (2) the list of violations of indoor air quality standards, reporting requirements, or
other requirements of Minnesota Rules, chapter 4620, by indoor ice arenas;
new text end

new text begin (3) a list of enforcement actions taken against violators listed in clause (2), or any
other actions taken to return violators to compliance;
new text end

new text begin (4) the number of certificates of approval the commissioner of health refused to issue
due to insufficient documentation of maintenance of acceptable air quality conditions;
new text end

new text begin (5) the number of certificates of approval suspended, revoked, or reinstated by the
commissioner due to violations of air quality rules;
new text end

new text begin (6) the number of indoor ice arenas that failed to submit weekly air quality
measurements as required by rule; and
new text end

new text begin (7) the number of variances to air quality rules granted to indoor ice arenas by the
commissioner of health.
new text end

new text begin (b) As part of the report submitted under paragraph (a), the commissioner shall
include:
new text end

new text begin (1) an inventory of the air monitoring devices and ice maintenance machines
currently being used by indoor ice rinks;
new text end

new text begin (2) how many rinks are currently using continuous monitoring devices to measure
air quality; and
new text end

new text begin (3) how many rinks are currently using catalytic converters.
new text end

new text begin (c) The commissioner shall also evaluate the use of continuous electronic air
monitoring devices with alarms and the availability of such devices as well as the use of
catalytic converters as means of ensuring the air quality of indoor ice arenas.
new text end

new text begin (d) By February 1, 2011, the commissioner shall submit a plan to the chairs and
ranking minority members of the senate and house of representatives committees with
primary jurisdiction over public health describing how the agency will effectively
enforce indoor air quality rules and other requirements pertaining to indoor ice arenas in
Minnesota Rules, chapter 4620.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 4. new text begin REVISOR'S INSTRUCTION.
new text end

new text begin The revisor of statutes shall remove the reference to "ENCLOSED SPORTS
ARENAS" in the headnote to Minnesota Statutes, section 144.1222.
new text end

Sec. 5. new text begin REPEALER.
new text end

new text begin Minnesota Statutes 2008, section 144.1222, subdivision 3, new text end new text begin is repealed.
new text end