SF 1379

as introduced - 88th Legislature (2013 - 2014) Posted on 03/15/2013 09:33am

A bill for an act
relating to education finance; expanding health and safety revenue to include
facility modifications necessary to make school facilities more secure for students
and staff; amending Minnesota Statutes 2012, section 123B.57, subdivisions 6,
6a, by adding a subdivision.

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

Section 1.

Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:

Subd. 6.

Uses of health and safety revenue.

Health and safety revenue may be
used only for approved expenditures necessary for the correction of fire and life safety
hazards; new text begin remodeling of education facilities directly related to improving the physical
safety of students and staff; new text end design, purchase, installation, maintenance, and inspection of
fire protection and alarm equipment; purchase or construction of appropriate facilities for
the storage of combustible and flammable materials; inventories and facility modifications
not related to a remodeling project to comply with lab safety requirements under
section 121A.31; inspection, testing, repair, removal or encapsulation, and disposal of
asbestos-containing building materials; cleanup and disposal of polychlorinated biphenyls;
cleanup and disposal of hazardous and infectious wastes; 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; correction of occupational safety and
health administration regulated hazards; indoor air quality inspections, investigations, and
testing; 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; design, materials, and installation of local exhaust
ventilation systems, including required make-up air for controlling regulated hazardous
substances; correction of Department of Health Food Code violations; correction of
swimming pool hazards excluding depth correction; playground safety inspections,
repair of unsafe outdoor playground equipment, and the installation of impact surfacing
materials; bleacher repair or rebuilding to comply with the order of a building code
inspector under section 326B.112; testing and mitigation of elevated radon hazards; lead
testing; copper in water testing; cleanup after major weather-related disasters or flooding;
reduction of excessive organic and inorganic levels in wells and capping of abandoned
wells; installation and testing of boiler backflow valves to prevent contamination of
potable water; vaccinations, titers, and preventative supplies for bloodborne pathogen
compliance; costs to comply with the Janet B. Johnson Parents' Right to Know Act;
automated external defibrillators and other emergency plan equipment and supplies
specific to the district's emergency action plan; and health, safety, and environmental
management costs associated with implementing the district's health and safety program
including costs to establish and operate safety committees, in school buildings or property
owned or being acquired by the district. Testing and calibration activities are permitted for
existing mechanical ventilation systems at intervals no less than every five years.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 2.

Minnesota Statutes 2012, section 123B.57, subdivision 6a, is amended to read:

Subd. 6a.

Restrictions on health and safety revenue.

Notwithstanding subdivision
6, health and safety revenue must not be used:

(1) to finance a lease purchase agreement, installment purchase agreement, or other
deferred payments agreement;

(2) for the construction of new facilities, remodeling of existing facilities new text begin except
for remodeling projects designed to enhance the physical safety for students and staff as
provided under subdivision 6d new text end , or the purchase of portable classrooms;

(3) for interest or other financing expenses;

(4) for energy-efficiency projects under section 123B.65, 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;

(5) 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, or public announcement systems and
emergency communication devices; or

(6) for building and heating, ventilating and air conditioning supplies, maintenance,
and cleaning activities. 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).

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end

Sec. 3.

Minnesota Statutes 2012, section 123B.57, is amended by adding a subdivision
to read:

new text begin Subd. 6d. new text end

new text begin Remodeling projects to enhance student and staff safety. new text end

new text begin A school
board may include remodeling projects designed to strengthen the physical safety of
students and staff in its health and safety revenue program under this section if the
remodeling projects have been approved by the commissioner of education. The student
and staff safety remodeling plan must be provided to the commissioner in the form and
manner specified by the commissioner, describe the intended facility improvements, and
demonstrate that the proposed facility modifications are the most cost-effective way to
increase the physical safety of students and staff.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective for revenue for fiscal year 2015
and later.
new text end