SF 962

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to education finance; expanding the use of
health and safety revenue to include certain testing
and calibration; amending Minnesota Statutes 2004,
section 123B.57, subdivision 6.

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

Section 1.

Minnesota Statutes 2004, section 123B.57,
subdivision 6, is amended to read:

Subd. 6.

Uses of health and safety revenue.

(a) Health
and safety revenue may be used only for approved expenditures
necessary to correct fire and life safety hazards, or for the
removal or encapsulation of asbestos from school buildings or
property owned or being acquired by the district,
asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property
owned or being acquired by the district, or the cleanup,
removal, disposal, and repairs related to storing heating fuel
or transportation fuels such as alcohol, gasoline, fuel oil, and
special fuel, as defined in section 296A.01, Minnesota
occupational safety and health administration regulated facility
and equipment hazards, indoor air quality mold abatement,
upgrades or replacement of mechanical ventilation systems to
meet American Society of Heating, Refrigerating and Air
Conditioning Engineers standards and State Mechanical Code,
Department of Health Food Code and swimming pool hazards
excluding depth correction, and health, safety, and
environmental management. Health and safety revenue must not be
used to finance a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement. Health and
safety revenue must not be used for the construction of new
facilities or the purchase of portable classrooms, for interest
or other financing expenses, or for energy efficiency projects
under section 123B.65. The revenue may not be used for a
building or property or part of a building or property used for
postsecondary instruction or administration or for a purpose
unrelated to elementary and secondary education.

(b) Notwithstanding paragraph (a), health and safety
revenue must not be used for replacement of building materials
or facilities including roof, walls, windows, internal fixtures
and flooring, nonhealth and safety costs associated with
demolition of facilities, structural repair or replacement of
facilities due to unsafe conditions, violence prevention and
facility security, ergonomics, building and heating, ventilating
and air conditioning supplies, maintenance, cleaning, testing,
and calibration activities new text begin unless testing and calibration
activities are approved expenditures under paragraph (a) and
they result in improved indoor air quality at a lower cost than
equipment replacement new text end . All assessments, investigations,
inventories, and support equipment not leading to the
engineering or construction of a project shall be included in
the health, safety, and environmental management costs in
subdivision 8, paragraph (a).