1.1                          A bill for an act 
  1.2             relating to education; promoting healthful school 
  1.3             buildings; improving indoor air quality; requiring 
  1.4             continuous monitoring of indoor air; limiting the use 
  1.5             of portable classrooms; reserving a portion of 
  1.6             operating capital revenue for facilities purposes; 
  1.7             amending Minnesota Statutes 1998, sections 123B.71, 
  1.8             subdivisions 3 and 10; and 123B.72, by adding 
  1.9             subdivisions; Minnesota Statutes 1999 Supplement, 
  1.10            section 126C.10, subdivision 14; proposing coding for 
  1.11            new law in Minnesota Statutes, chapter 123B. 
  1.12  BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.13     Section 1.  Minnesota Statutes 1998, section 123B.71, 
  1.14  subdivision 3, is amended to read: 
  1.15     Subd. 3.  [INDOOR AIR QUALITY RESOURCES; COMMISSIONER'S 
  1.16  ROLE.] As part of the consultation under subdivision 1, the 
  1.17  commissioner shall provide each school district with: 
  1.18     (1) information concerning indoor air quality; and 
  1.19     (2) procedures for continuous monitoring of outdoor airflow 
  1.20  and total airflow of ventilation systems in school facilities. 
  1.21     Sec. 2.  Minnesota Statutes 1998, section 123B.71, 
  1.22  subdivision 10, is amended to read: 
  1.23     Subd. 10.  [INDOOR AIR QUALITY.] A school board seeking a 
  1.24  review and comment under this section must submit information 
  1.25  demonstrating to the commissioner's satisfaction that: 
  1.26     (1) indoor air quality issues have been considered; ~~and~~ 
  1.27     (2) the architects and engineers designing the facility 
  1.28  will have professional liability insurance; 
  2.1      (3) the facility's heating, ventilation, and air 
  2.2   conditioning systems meet or exceed the standards established by 
  2.3   code; and 
  2.4      (4) the facility's design will allow continuous monitoring 
  2.5   of ventilation systems. 
  2.6      Sec. 3.  [123B.715] [NEW SCHOOL BUILDING CONSTRUCTION 
  2.7   STANDARDS.] 
  2.8      Subdivision 1.  [APPLICABLE BUILDING PROJECTS.] This 
  2.9   section applies to school building projects for which a review 
  2.10  and comment under section 123B.71 is requested on or after July 
  2.11  1, 2002. 
  2.12     Subd. 2.  [DEFINITIONS.] "ASHRAE" means the American 
  2.13  Society of Heating, Refrigerating, and Air Conditioning 
  2.14  Engineers. 
  2.15     Subd. 3.  [AIR HANDLING SYSTEMS.] Any heating, ventilation, 
  2.16  or air conditioning system that is installed or modified for a 
  2.17  project subject to this section must provide filtration systems 
  2.18  in a manner that is equal to or exceeds the 95 percent 
  2.19  efficiency standards contained in the ASHRAE 52.2. 
  2.20     Sec. 4.  [123B.718] [PORTABLE CLASSROOMS.] 
  2.21     Subdivision 1.  [DEFINITIONS.] "Portable classroom" means a 
  2.22  supplementary educational facility generally manufactured or 
  2.23  fabricated off-site, in sections, and moved to and erected 
  2.24  on-site.  
  2.25     Subd. 2.  [NEW PORTABLES.] Beginning July 1, 2005, a school 
  2.26  district may not purchase or enter into a lease agreement for a 
  2.27  portable classroom unless the school district requests and 
  2.28  receives permission to do so from the commissioner of children, 
  2.29  families, and learning. 
  2.30     Subd. 3.  [AIR QUALITY MONITORING.] Beginning July 1, 2010, 
  2.31  any portable classroom that is more than ten years old must be 
  2.32  evaluated for indoor air quality and must be recommissioned 
  2.33  according to section 123B.72.  The portable classroom's air 
  2.34  quality must meet or exceed all requirements in code at that 
  2.35  point in time.  The recommissioning must occur at least once 
  2.36  every ten years. 
  3.1      Sec. 5.  Minnesota Statutes 1998, section 123B.72, is 
  3.2   amended by adding a subdivision to read: 
  3.3      Subd. 5.  [JULY 1, 2005, ONGOING MONITORING.] By July 1, 
  3.4   2005, a school district must install equipment to provide 
  3.5   continuous measuring and recording of outside air flow and total 
  3.6   airflow for ventilation systems. 
  3.7      Sec. 6.  Minnesota Statutes 1998, section 123B.72, is 
  3.8   amended by adding a subdivision to read: 
  3.9      Subd. 6.  [JULY 1, 2010, ONGOING MONITORING.] By July 1, 
  3.10  2010, a school district must install airflow measuring equipment 
  3.11  for all outside air intake flows including air handling units 
  3.12  and unit ventilators and for all air supplied to each zone, 
  3.13  including classrooms within the building.  Equipment that is not 
  3.14  permanently calibrated must be calibrated at regular intervals 
  3.15  established by a person other than the calibration product 
  3.16  vendor.  All airflow data must be permanently stored. 
  3.17     Sec. 7.  Minnesota Statutes 1999 Supplement, section 
  3.18  126C.10, subdivision 14, is amended to read: 
  3.19     Subd. 14.  [USES OF TOTAL OPERATING CAPITAL REVENUE.] Total 
  3.20  operating capital revenue attributable to subdivision 13, 
  3.21  paragraph (b), may be used only for the facilities purposes 
  3.22  authorized in clauses (1) to (14), (16), and (17).  To the 
  3.23  extent possible, a school district must seek to fund any 
  3.24  eligible projects through the health and safety revenue 
  3.25  program.  Any remaining operating capital revenue may be used 
  3.26  only for the following purposes: 
  3.27     (1) to acquire land for school purposes; 
  3.28     (2) to acquire or construct buildings for school purposes; 
  3.29     (3) to rent or lease buildings, including the costs of 
  3.30  building repair or improvement that are part of a lease 
  3.31  agreement; 
  3.32     (4) to improve and repair school sites and buildings, and 
  3.33  equip or reequip school buildings with permanent attached 
  3.34  fixtures; 
  3.35     (5) for a surplus school building that is used 
  3.36  substantially for a public nonschool purpose; 
  4.1      (6) to eliminate barriers or increase access to school 
  4.2   buildings by individuals with a disability; 
  4.3      (7) to bring school buildings into compliance with the 
  4.4   Uniform Fire Code adopted according to chapter 299F; 
  4.5      (8) to remove asbestos from school buildings, encapsulate 
  4.6   asbestos, or make asbestos-related repairs; 
  4.7      (9) to clean up and dispose of polychlorinated biphenyls 
  4.8   found in school buildings; 
  4.9      (10) to clean up, remove, dispose of, and make repairs 
  4.10  related to storing heating fuel or transportation fuels such as 
  4.11  alcohol, gasoline, fuel oil, and special fuel, as defined in 
  4.12  section 296A.01; 
  4.13     (11) for energy audits for school buildings and to modify 
  4.14  buildings if the audit indicates the cost of the modification 
  4.15  can be recovered within ten years; 
  4.16     (12) to improve buildings that are leased according to 
  4.17  section 123B.51, subdivision 4; 
  4.18     (13) to pay special assessments levied against school 
  4.19  property but not to pay assessments for service charges; 
  4.20     (14) to pay principal and interest on state loans for 
  4.21  energy conservation according to section 216C.37 or loans made 
  4.22  under the Northeast Minnesota Economic Protection Trust Fund Act 
  4.23  according to sections 298.292 to 298.298; 
  4.24     (15) to purchase or lease interactive telecommunications 
  4.25  equipment; 
  4.26     (16) by board resolution, to transfer money into the debt 
  4.27  redemption fund to:  (i) pay the amounts needed to meet, when 
  4.28  due, principal and interest payments on certain obligations 
  4.29  issued according to chapter 475; or (ii) pay principal and 
  4.30  interest on debt service loans or capital loans according to 
  4.31  section 126C.70; 
  4.32     (17) to pay operating capital-related assessments of any 
  4.33  entity formed under a cooperative agreement between two or more 
  4.34  districts; 
  4.35     (18) to purchase or lease computers and related materials, 
  4.36  copying machines, telecommunications equipment, and other 
  5.1   noninstructional equipment; 
  5.2      (19) to purchase or lease assistive technology or equipment 
  5.3   for instructional programs; 
  5.4      (20) to purchase textbooks; 
  5.5      (21) to purchase new and replacement library books or 
  5.6   technology; 
  5.7      (22) to purchase vehicles; 
  5.8      (23) to purchase or lease telecommunications equipment, 
  5.9   computers, and related equipment for integrated information 
  5.10  management systems for: 
  5.11     (i) managing and reporting learner outcome information for 
  5.12  all students under a results-oriented graduation rule; 
  5.13     (ii) managing student assessment, services, and achievement 
  5.14  information required for students with individual education 
  5.15  plans; and 
  5.16     (iii) other classroom information management needs; and 
  5.17     (24) to pay personnel costs directly related to the 
  5.18  acquisition, operation, and maintenance of telecommunications 
  5.19  systems, computers, related equipment, and network and 
  5.20  applications software. 
  5.21     Sec. 8.  [USE OF PESTICIDES WITHIN SCHOOL FACILITIES.] 
  5.22     The department of agriculture, in consultation with the 
  5.23  departments of health; administration; and children, families, 
  5.24  and learning, must make recommendations to the 2001 legislature 
  5.25  regarding the use of pesticides in school facilities. 
  5.26     Sec. 9.  [EFFECTIVE DATE.] 
  5.27     Sections 1 to 8 are effective July 1, 2000.