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HF 3265

2nd Engrossment - 92nd Legislature (2021 - 2022) Posted on 04/19/2022 11:26am

KEY: stricken = removed, old language.
underscored = added, new language.

Bill Text Versions

Engrossments
Introduction Posted on 02/10/2022
1st Engrossment Posted on 03/07/2022
2nd Engrossment Posted on 03/31/2022

Current Version - 2nd Engrossment

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A bill for an act
relating to education; modifying lead testing and remediation requirements in
schools; requiring a report; appropriating money; amending Minnesota Statutes
2020, 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 2020, 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.

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.

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 minimized. This includes, when a school district or
charter school finds the presence of lead deleted text beginat a level where action should be taken as set by
the guidance
deleted text endnew text begin above five parts per billionnew text end in any water source that can provide cooking or
drinking water, immediately shutting off the water source or making it unavailable until the
hazard has been minimized.

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 less than five parts per billion.
new text end

Subd. 4.

Ten-year facilities plan.

A school district deleted text beginmaydeleted text endnew text begin mustnew text end 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 endA school district or charter school deleted text beginthat has tested its buildingsdeleted 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 enddeleted text begin and must notify parents of the availability of the information.deleted text end new text beginmust 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. 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

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

new text begin (c) School districts and charter schools must report their test results to the commissioner
of health in the form and manner determined by the commissioner. If a test reveals the
presence of lead above five parts per billion, the school district or charter school must also
report its remediation efforts. 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 Subd. 6. new text end

new text begin Public water system. new text end

new text begin If testing reveals that a significant contributor to lead
contamination in school drinking water is the infrastructure operated by a public water
system that is not a school water system, the district or charter school is not financially
responsible for remediating elevated lead levels in drinking water that passes through that
infrastructure. 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.
The 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.
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, 2025, 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, including whether to change the level of lead that requires
remediation. 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, 2022.
new text end

Sec. 2.

Minnesota Statutes 2020, 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 endFor fiscal year deleted text begin2019deleted text endnew text begin 2023new text end and later, long-term facilities maintenance revenue
equals the greater ofnew 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 beginplusdeleted 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 beginplusdeleted 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 approved
by the commissioner of health 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 endnew text begin (b)new text end Notwithstanding deleted text beginparagraphsdeleted text endnew text begin paragraphnew 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, 2022.
new text end

Sec. 3.

Minnesota Statutes 2020, 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 begin2019deleted text endnew text begin 2023new text end and later, long-term facilities maintenance revenue for a
charter school equals new text beginthe sum of new text end$132 times the adjusted pupil unitsnew 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, 2022.
new text end

Sec. 4.

Minnesota Statutes 2020, 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 endnew text begin (a)new text end For fiscal year deleted text begin2019deleted text endnew text begin 2023new 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 endnew text begin (b)new text end Notwithstanding deleted text beginparagraphsdeleted text endnew text begin paragraphnew text end (a) deleted text beginto (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
undernew 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, 2022.
new text end

Sec. 5.

Minnesota Statutes 2020, section 123B.595, subdivision 8, is amended to read:


Subd. 8.

Long-term facilities maintenance equalized levy.

(a) deleted text beginFor 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, 2022.
new text end

Sec. 6.

Minnesota Statutes 2020, section 123B.595, subdivision 8a, is amended to read:


Subd. 8a.

Long-term facilities maintenance unequalized levy.

deleted text beginFor 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, 2022.
new text end

Sec. 7.

Minnesota Statutes 2020, section 123B.595, subdivision 9, is amended to read:


Subd. 9.

Long-term facilities maintenance equalized aid.

deleted text beginFor 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, 2022.
new text end

Sec. 2. new text beginAPPROPRIATION.
new text end

new text begin Subdivision 1. new text end

new text begin Department of Health. new text end

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

new text begin Subd. 2. new text end

new text begin Lead remediation in schools and child care settings. new text end

new text begin $0 in fiscal year 2022
and $4,108,000 in fiscal year 2023 are appropriated from the general fund for lead in drinking
water remediation in schools and child care settings grant program under Minnesota Statutes,
section 145.9271. Of the total fiscal year 2023 appropriation, $908,000 is for administration
and $3,200,000 is for grants. The general fund base for this appropriation is $3,080,000 in
fiscal year 2024, of which $740,000 is for administration and $2,340,000 is for grants; and
$3,082,000 in fiscal year 2025, of which $742,000 is for administration and $2,340,000 is
for grants.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective July 1, 2022.
new text end