1.1                          A bill for an act
  1.2             relating to education; creating a facilities 
  1.3             management procedure; amending Minnesota Statutes 
  1.4             1998, section 123B.57, subdivision 2; proposing coding 
  1.5             for new law in Minnesota Statutes, chapter 123B. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1998, section 123B.57, 
  1.8   subdivision 2, is amended to read: 
  1.9      Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
  1.10  health and safety program.  The program must include plans, 
  1.11  where applicable, for hazardous substance removal, fire and life 
  1.12  safety code repairs, regulated facility and equipment 
  1.13  violations, and health, safety, ~~and~~ environmental management, 
  1.14  including indoor air quality management, and facilities 
  1.15  maintenance management according to section 123B.711.  
  1.16     (a) A hazardous substance plan must contain provisions for 
  1.17  the removal or encapsulation of asbestos from school buildings 
  1.18  or property, asbestos-related repairs, cleanup and disposal of 
  1.19  polychlorinated biphenyls found in school buildings or property, 
  1.20  and cleanup, removal, disposal, and repairs related to storing 
  1.21  heating fuel or transportation fuels such as alcohol, gasoline, 
  1.22  fuel, oil, and special fuel, as defined in section 296A.01.  If 
  1.23  a district has already developed a plan for the removal or 
  1.24  encapsulation of asbestos as required by the federal Asbestos 
  1.25  Hazard Emergency Response Act of 1986, the district may use a 
  2.1   summary of that plan, which includes a description and schedule 
  2.2   of response actions, for purposes of this section.  The plan 
  2.3   must also contain provisions to make modifications to existing 
  2.4   facilities and equipment necessary to limit personal exposure to 
  2.5   hazardous substances, as regulated by the federal Occupational 
  2.6   Safety and Health Administration under Code of Federal 
  2.7   Regulations, title 29, part 1910, subpart Z; or is determined by 
  2.8   the commissioner to present a significant risk to district staff 
  2.9   or student health and safety as a result of foreseeable use, 
  2.10  handling, accidental spill, exposure, or contamination. 
  2.11     (b) A fire and life safety plan must contain a description 
  2.12  of the current fire and life safety code violations, a plan for 
  2.13  the removal or repair of the fire and life safety hazard, and a 
  2.14  description of safety preparation and awareness procedures to be 
  2.15  followed until the hazard is fully corrected. 
  2.16     (c) A facilities and equipment violation plan must contain 
  2.17  provisions to correct health and safety hazards as provided in 
  2.18  department of labor and industry standards pursuant to section 
  2.19  182.655.  
  2.20     (d) A health, safety, and environmental management plan 
  2.21  must contain a description of training, recordkeeping, hazard 
  2.22  assessment, and program management as defined in section 123B.56.
  2.23     (e) A plan to test for and mitigate radon produced hazards. 
  2.24     (f) A plan to monitor and improve indoor air quality. 
  2.25     Sec. 2.  [123B.711] [FACILITIES MAINTENANCE MANAGEMENT FOR 
  2.26  SCHOOL DISTRICT MAINTENANCE AND HOUSEKEEPING ACTIVITIES.] 
  2.27     Subdivision 1.  [POLICY AND PURPOSE.] Section 123B.711 
  2.28  addresses the need for funding, training, and management to 
  2.29  adequately maintain school district facilities statewide. 
  2.30     Subd. 2.  [FACILITIES MAINTENANCE MANAGEMENT.] "Facilities 
  2.31  maintenance management" means school district activities 
  2.32  necessary for a district's establishment and maintenance of a 
  2.33  facilities maintenance management program, including 
  2.34  housekeeping.  These activities include hazard assessment, 
  2.35  required training, recordkeeping, and program development.  
  2.36  School districts shall develop or acquire, adopt, and implement 
  3.1   sound facilities maintenance management techniques and 
  3.2   procedures with the goals of real asset preservation, 
  3.3   minimization of deferred maintenance needs, increased 
  3.4   responsiveness to facilities needs, changes to support academic 
  3.5   goals, and reduction of health and safety hazards and disabled 
  3.6   access barriers. 
  3.7      Subd. 3.  [FACILITIES MAINTENANCE MANAGEMENT PROGRAM.] By 
  3.8   June 1, 2001, the commissioner of children, families, and 
  3.9   learning must develop a facilities maintenance management 
  3.10  program, including housekeeping, which districts may adopt and 
  3.11  personalize for their operations.  Districts must adopt either 
  3.12  the state model program or a comparable one by January 1, 2002.  
  3.13  Criteria for comparability shall be included in the model 
  3.14  program. 
  3.15     Subd. 4.  [GUIDELINES.] The commissioner shall take a 
  3.16  leadership role in facilities maintenance management and real 
  3.17  asset preservation by developing guidelines and implementing 
  3.18  training for proper facilities maintenance management practices 
  3.19  and in developing guidelines and implementing training for 
  3.20  proper facility construction using commissioning practices. 
  3.21     Subd. 5.  [FACILITIES MAINTENANCE MANAGEMENT 
  3.22  COORDINATOR.] The commissioner shall establish a professional 
  3.23  position entitled "facilities maintenance management 
  3.24  coordinator," whose functions will include: 
  3.25     (1) review application for approval of levy certification 
  3.26  of facilities maintenance projects that exceed $10,000, 
  3.27  qualifying for the state facilities funding program; 
  3.28     (2) coordination of development and providing leadership 
  3.29  for a school's facilities maintenance management program; and 
  3.30     (3) coordination and implementation of training, providing 
  3.31  informational awareness and responding to queries. 
  3.32     Subd. 6.  [CONTENTS OF PROGRAM.] (a) A district must adopt 
  3.33  a facilities maintenance management program and submit that plan 
  3.34  to the commissioner.  The application may be for major repairs 
  3.35  to roofs, tuckpointing, windows, walls, flooring, plumbing and 
  3.36  electrical, mechanical ventilation and boilers, elevators, 
  4.1   grounds work, playground facilities, and for facilities 
  4.2   maintenance management.  The application must include a 
  4.3   facilities maintenance management program adopted by the school 
  4.4   district board.  The program must include the estimated cost, 
  4.5   per building, of the program by fiscal year.  
  4.6      (b) The program must identify, for each building, 
  4.7   priorities, estimated major facilities expenditures, and the 
  4.8   need for repairs to roofs, tuckpointing, windows, walls, 
  4.9   flooring, plumbing and electrical, mechanical ventilation and 
  4.10  boilers, elevators, grounds work, playground facilities, and 
  4.11  facilities maintenance management.  Major facility expenditures 
  4.12  are defined as those projects whose cost exceeds $10,000 per 
  4.13  building. 
  4.14     Subd. 7.  [ELIGIBILITY.] Unless a school district is in 
  4.15  jeopardy of entering statutory operating debt status, it may 
  4.16  participate in this program regardless of size.  
  4.17     Subd. 8.  [COLLABORATIVE UNITS.] A school district may 
  4.18  extend authority under this statute to facilities controlled by 
  4.19  collaborative organizations created by joint powers agreements 
  4.20  with other school districts so long as the school district 
  4.21  retains an owner interest in the collaborative. 
  4.22     Sec. 3.  [EFFECTIVE DATE.] 
  4.23     Sections 1 and 2 are effective July 1, 1999.