1.1                          A bill for an act 
  1.2             relating to education; including the removal of 
  1.3             architectural barriers for access for disabled persons 
  1.4             as a health and safety program expenditure; amending 
  1.5             Minnesota Statutes 2000, section 123B.57, subdivisions 
  1.6             1, 2, and 6. 
  1.7   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.8      Section 1.  Minnesota Statutes 2000, section 123B.57, 
  1.9   subdivision 1, is amended to read: 
  1.10     Subdivision 1.  [HEALTH AND SAFETY PROGRAM.] 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.  The application may be 
  1.14  for hazardous substance removal, fire and life safety code 
  1.15  repairs, labor and industry regulated facility and equipment 
  1.16  violations, removal of architectural barriers to improve access 
  1.17  to disabled persons, and health, safety, and environmental 
  1.18  management, including indoor air quality management.  The 
  1.19  application must include a health and safety program adopted by 
  1.20  the school district board.  The program must include the 
  1.21  estimated cost, per building, of the program by fiscal year.  
  1.22  Upon approval through the adoption of a resolution by each of an 
  1.23  intermediate district's member school district boards and the 
  1.24  approval of the department of children, families, and learning, 
  1.25  a school district may include its proportionate share of the 
  1.26  costs of health and safety projects for an intermediate district 
  2.1   in its application. 
  2.2      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001. 
  2.3      Sec. 2.  Minnesota Statutes 2000, section 123B.57, 
  2.4   subdivision 2, is amended to read: 
  2.5      Subd. 2.  [CONTENTS OF PROGRAM.] A district must adopt a 
  2.6   health and safety program.  The program must include plans, 
  2.7   where applicable, for hazardous substance removal, fire and life 
  2.8   safety code repairs, regulated facility and equipment 
  2.9   violations, removal of architectural barriers to improve access 
  2.10  to disabled persons, and health, safety, and environmental 
  2.11  management, including indoor air quality management.  
  2.12     (a) A hazardous substance plan must contain provisions for 
  2.13  the removal or encapsulation of asbestos from school buildings 
  2.14  or property, asbestos-related repairs, cleanup and disposal of 
  2.15  polychlorinated biphenyls found in school buildings or property, 
  2.16  and cleanup, removal, disposal, and repairs related to storing 
  2.17  heating fuel or transportation fuels such as alcohol, gasoline, 
  2.18  fuel, oil, and special fuel, as defined in section 296A.01.  If 
  2.19  a district has already developed a plan for the removal or 
  2.20  encapsulation of asbestos as required by the federal Asbestos 
  2.21  Hazard Emergency Response Act of 1986, the district may use a 
  2.22  summary of that plan, which includes a description and schedule 
  2.23  of response actions, for purposes of this section.  The plan 
  2.24  must also contain provisions to make modifications to existing 
  2.25  facilities and equipment necessary to limit personal exposure to 
  2.26  hazardous substances, as regulated by the federal Occupational 
  2.27  Safety and Health Administration under Code of Federal 
  2.28  Regulations, title 29, part 1910, subpart Z; or is determined by 
  2.29  the commissioner to present a significant risk to district staff 
  2.30  or student health and safety as a result of foreseeable use, 
  2.31  handling, accidental spill, exposure, or contamination. 
  2.32     (b) A fire and life safety plan must contain a description 
  2.33  of the current fire and life safety code violations, a plan for 
  2.34  the removal or repair of the fire and life safety hazard, and a 
  2.35  description of safety preparation and awareness procedures to be 
  2.36  followed until the hazard is fully corrected. 
  3.1      (c) A facilities and equipment violation plan must contain 
  3.2   provisions to correct health and safety hazards as provided in 
  3.3   department of labor and industry standards pursuant to section 
  3.4   182.655.  
  3.5      (d) An architectural barriers removal plan must contain a 
  3.6   description of the current architectural barriers to disabled 
  3.7   access and a description of the improvements necessary to 
  3.8   eliminate those barriers. 
  3.9      (e) A health, safety, and environmental management plan 
  3.10  must contain a description of training, recordkeeping, hazard 
  3.11  assessment, and program management as defined in section 123B.56.
  3.12     ~~(e)~~ (f) A plan to test for and mitigate radon produced 
  3.13  hazards. 
  3.14     ~~(f)~~ (g) A plan to monitor and improve indoor air quality. 
  3.15     <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001. 
  3.16     Sec. 3.  Minnesota Statutes 2000, section 123B.57, 
  3.17  subdivision 6, is amended to read: 
  3.18     Subd. 6.  [USES OF HEALTH AND SAFETY REVENUE.] Health and 
  3.19  safety revenue may be used only for approved expenditures 
  3.20  necessary to correct fire safety hazards~~,~~ and life safety 
  3.21  hazards~~, or~~; for the removal of architectural barriers to 
  3.22  improve access to disabled persons; for the removal or 
  3.23  encapsulation of asbestos from school buildings or property~~,~~; 
  3.24  asbestos-related repairs~~,~~; cleanup and disposal of 
  3.25  polychlorinated biphenyls found in school buildings or property~~,~~ 
  3.26  ~~or~~; the cleanup, removal, disposal, and repairs related to 
  3.27  storing heating fuel or transportation fuels such as alcohol, 
  3.28  gasoline, fuel oil, and special fuel, as defined in section 
  3.29  296A.01~~,~~; labor and industry regulated facility and equipment 
  3.30  hazards~~,~~; and health, safety, and environmental management.  
  3.31  Health and safety revenue must not be used for the construction 
  3.32  of new facilities or the purchase of portable classrooms.  The 
  3.33  revenue may not be used for a building or property or part of a 
  3.34  building or property used for post-secondary instruction or 
  3.35  administration or for a purpose unrelated to elementary and 
  3.36  secondary education. 
  4.1      <b>[EFFECTIVE DATE.]</b> This section is effective July 1, 2001.