1.1                          A bill for an act 
  1.2             relating to education finance; expanding health and 
  1.3             safety revenue to cover the costs of replacing certain 
  1.4             school buses; amending Minnesota Statutes 2002, 
  1.5             section 123B.57, subdivision 2; Minnesota Statutes 
  1.6             2003 Supplement, section 123B.57, subdivision 1.  
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.9   123B.57, subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [HEALTH AND SAFETY PROGRAM.] (a) To receive 
  1.11  health and safety revenue for any fiscal year a district must 
  1.12  submit to the commissioner an application for aid and levy by 
  1.13  the date determined by the commissioner.  For fiscal years 2005 
  1.14  through 2009 only, a school district may include in its health 
  1.15  and safety revenue the amounts necessary to replace any 
  1.16  Carpenter school buses in its fleet as of January 1, 2004, that 
  1.17  have potentially defective welds and are subject to use 
  1.18  limitations imposed by the Minnesota Department of Public 
  1.19  Safety.  The application may be for hazardous substance removal, 
  1.20  fire and life safety code repairs, labor and industry regulated 
  1.21  facility and equipment violations, and health, safety, and 
  1.22  environmental management, including indoor air quality 
  1.23  management.  The application must include a health and safety 
  1.24  program adopted by the school district board.  The program must 
  1.25  include the estimated cost, per building, of the program by 
  1.26  fiscal year.  Upon approval through the adoption of a resolution 
  2.1   by each of an intermediate district's member school district 
  2.2   boards and the approval of the Department of Education, a school 
  2.3   district may include its proportionate share of the costs of 
  2.4   health and safety projects for an intermediate district in its 
  2.5   application. 
  2.6      (b) Health and safety projects with an estimated cost of 
  2.7   $500,000 or more per site, approved after February 1, 2003, are 
  2.8   not eligible for health and safety revenue.  Health and safety 
  2.9   projects with an estimated cost of $500,000 or more per site, 
  2.10  approved after February 1, 2003, that meet all other 
  2.11  requirements for health and safety funding, are eligible for 
  2.12  alternative facilities bonding and levy revenue according to 
  2.13  section 123B.59.  A school board shall not separate portions of 
  2.14  a single project into components to qualify for health and 
  2.15  safety revenue, and shall not combine unrelated projects into a 
  2.16  single project to qualify for alternative facilities bonding and 
  2.17  levy revenue. 
  2.18     <b>[EFFECTIVE DATE.]</b> This section is effective for revenue for 
  2.19  fiscal year 2005.  
  2.20     Sec. 2.  Minnesota Statutes 2002, section 123B.57, 
  2.21  subdivision 2, is amended to read: 
  2.22     Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
  2.23  health and safety program.  The program must include plans, 
  2.24  where applicable, for hazardous substance removal, fire and life 
  2.25  safety code repairs, regulated facility and equipment 
  2.26  violations, and health, safety, and environmental management, 
  2.27  including indoor air quality management.  
  2.28     (a) A hazardous substance plan must contain provisions for 
  2.29  the removal or encapsulation of asbestos from school buildings 
  2.30  or property, asbestos-related repairs, cleanup and disposal of 
  2.31  polychlorinated biphenyls found in school buildings or property, 
  2.32  and cleanup, removal, disposal, and repairs related to storing 
  2.33  heating fuel or transportation fuels such as alcohol, gasoline, 
  2.34  fuel, oil, and special fuel, as defined in section 296A.01.  If 
  2.35  a district has already developed a plan for the removal or 
  2.36  encapsulation of asbestos as required by the federal Asbestos 
  3.1   Hazard Emergency Response Act of 1986, the district may use a 
  3.2   summary of that plan, which includes a description and schedule 
  3.3   of response actions, for purposes of this section.  The plan 
  3.4   must also contain provisions to make modifications to existing 
  3.5   facilities and equipment necessary to limit personal exposure to 
  3.6   hazardous substances, as regulated by the federal Occupational 
  3.7   Safety and Health Administration under Code of Federal 
  3.8   Regulations, title 29, part 1910, subpart Z; or is determined by 
  3.9   the commissioner to present a significant risk to district staff 
  3.10  or student health and safety as a result of foreseeable use, 
  3.11  handling, accidental spill, exposure, or contamination. 
  3.12     (b) A fire and life safety plan must contain a description 
  3.13  of the current fire and life safety code violations, a plan for 
  3.14  the removal or repair of the fire and life safety hazard, and a 
  3.15  description of safety preparation and awareness procedures to be 
  3.16  followed until the hazard is fully corrected. 
  3.17     (c) A facilities and equipment violation plan must contain 
  3.18  provisions to correct health and safety hazards as provided in 
  3.19  Department of Labor and Industry standards pursuant to section 
  3.20  182.655.  
  3.21     (d) A health, safety, and environmental management plan 
  3.22  must contain a description of training, record keeping, hazard 
  3.23  assessment, and program management as defined in section 123B.56.
  3.24     (e) A plan to test for and mitigate radon produced hazards. 
  3.25     (f) A plan to monitor and improve indoor air quality. 
  3.26     (g) A plan to remove Carpenter school buses with 
  3.27  potentially defective welds from the district's bus fleet.