SF 3911

as introduced - 91st Legislature (2019 - 2020) Posted on 03/05/2020 08:24am

A bill for an act
relating to education; amending the review and comment process for school district
construction; amending Minnesota Statutes 2018, section 123B.71, subdivisions
9, 11, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 123B.71, subdivision 9, is amended to read:

Subd. 9.

Information required.

A school board proposing to construct, expand, or
remodel a facility that requires a review and comment under subdivision 8 shall submit to
the commissioner a proposal containing information including at least the following:

(1) the geographic area and population to be served, preschool through grade 12 student
enrollments for the past five years, and student enrollment projections for the next five
years;

(2) a list of existing facilities by year constructed, their uses, and an assessment of the
extent to which alternate facilities are available within the school district boundaries and in
adjacent school districts;

(3) a list of the specific deficiencies of the facility that demonstrate the need for a new
or renovated facility to be provided, the process used to determine the deficiencies, a list
of those deficiencies that will and will not be addressed by the proposed project, and a list
of the specific benefits that the new or renovated facility will provide to the students, teachers,
and community users served by the facility;

(4) a description of the project, including the specification of site and outdoor space
acreage and square footage allocations for classrooms, laboratories, and support spaces;
estimated expenditures for the major portions of the project; and the dates the project will
begin and be completed;

(5) a specification of the source of financing the project, including applicable statutory
citations; the scheduled date for a bond issue or school board action; a schedule of payments,
including debt service equalization aid; and the effect of a bond issue on local property
taxes by the property class and valuation; deleted text begin and
deleted text end

(6) documents obligating the school district and contractors to comply with items (i) to
(vii) in planning and executing the project:

(i) section 471.345 governing municipal contracts;

(ii) sustainable design;

(iii) school facility commissioning under section 123B.72 certifying the plans and designs
for the heating, ventilating, air conditioning, and air filtration for an extensively renovated
or new facility meet or exceed current code standards, including the ASHRAE air filtration
standard 52.1;

(iv) American National Standards Institute Acoustical Performance Criteria, Design
Requirements and Guidelines for Schools on maximum background noise level and
reverberation times;

(v) State Fire Code;

(vi) chapter 326B governing building codes; and

(vii) consultation with affected government units about the impact of the project on
utilities, roads, sewers, sidewalks, retention ponds, school bus and automobile traffic, access
to mass transit, and safe access for pedestrians and cyclists new text begin ; and
new text end

new text begin (7) any public comments received under subdivision 9a new text end .

Sec. 2.

Minnesota Statutes 2018, section 123B.71, is amended by adding a subdivision to
read:

new text begin Subd. 9a. new text end

new text begin Public input. new text end

new text begin A school board proposing to construct, expand, or remodel a
facility that requires a review and comment under subdivision 8 must inform school district
residents of the proposal and that written comments may be submitted to the board.
new text end

Sec. 3.

Minnesota Statutes 2018, section 123B.71, subdivision 11, is amended to read:

Subd. 11.

Review of proposals.

In reviewing each proposal, the commissioner shall
submit to the school board, within 60 days of receiving the proposal, the review and comment
about the educational and economic advisability of the project. new text begin In the review and comment
submitted to the school board, the commissioner must explain the reasons for the proposal's
advisability. new text end The commissioner must include new text begin a summary of the new text end comments from residents
of the school district in the review and comment. The review and comment shall be based
on information submitted with the proposal and other information the commissioner
determines is necessary. If the commissioner submits a negative review and comment for
a portion of a proposal, the review and comment shall clearly specify which portion of the
proposal received a negative review and comment and which portion of the proposal received
a positive review and comment.