1.1 	A bill for an act
1.2 	relating to education finance; adjusting the qualification criteria for the alternative 
1.3 	facilities bonding and levy program; amending Minnesota Statutes 2008, section 
1.4 	123B.59, subdivision 1.
1.5 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.6 	Section 1. Minnesota Statutes 2008, section 123B.59, subdivision 1, is amended to read:
1.7 		Subdivision 1.To qualify. (a) An independent or special school district qualifies to 
1.8 	participate in the alternative facilities bonding and levy program if the district has:
1.9 	(1) more than 66 students per grade;
1.10 	(2) over 1,850,000 square feet of space and the average age of building space is 15 
1.11 	years or older or over 1,500,000 square feet and the average age of building space is 35
1.12 	15 years or older;
1.13 	(3) insufficient funds from projected health and safety revenue and capital facilities 
1.14 	revenue to meet the requirements for deferred maintenance, to make accessibility 
1.15 	improvements, or to make fire, safety, or health repairs; and
1.16 	(4) a ten-year facility plan approved by the commissioner according to subdivision 2.
1.17 	(b) An independent or special school district not eligible to participate in the 
1.18 	alternative facilities bonding and levy program under paragraph (a) qualifies for limited 
1.19 	participation in the program if the district has:
1.20 	(1) one or more health and safety projects with an estimated cost of $500,000 or 
1.21 	more per site that would qualify for health and safety revenue except for the project size 
1.22 	limitation in section 123B.57, subdivision 1, paragraph (b); and 
1.23 	(2) insufficient funds from capital facilities revenue to fund those projects.
2.1 	(c) Notwithstanding the square footage limitation in paragraph (a), clause (2), 
2.2 	a school district that qualified for eligibility under paragraph (a) as of July 1, 2007, 
2.3 	remains eligible for funding under this section as long as the district continues to meet the 
2.4 	requirements of paragraph (a), clauses (1), (3), and (4).

2.5 	EFFECTIVE DATE. This section is effective for revenue for fiscal year 2010 
2.6 	and later.