2006 Minnesota Statutes

123B.57 CAPITAL EXPENDITURE; HEALTH AND SAFETY.
    Subdivision 1. Health and safety program. (a) To receive health and safety revenue for
any fiscal year a district must submit to the commissioner an application for aid and levy by the
date determined by the commissioner. The application may be for hazardous substance removal,
fire and life safety code repairs, labor and industry regulated facility and equipment violations,
and health, safety, and environmental management, including indoor air quality management.
The application must include a health and safety program adopted by the school district board.
The program must include the estimated cost, per building, of the program by fiscal year. Upon
approval through the adoption of a resolution by each of an intermediate district's member school
district boards and the approval of the Department of Education, a school district may include
its proportionate share of the costs of health and safety projects for an intermediate district in
its application.
(b) Health and safety projects with an estimated cost of $500,000 or more per site, approved
after February 1, 2003, are not eligible for health and safety revenue. Health and safety projects
with an estimated cost of $500,000 or more per site, approved after February 1, 2003, that meet all
other requirements for health and safety funding, are eligible for alternative facilities bonding and
levy revenue according to section 123B.59. A school board shall not separate portions of a single
project into components to qualify for health and safety revenue, and shall not combine unrelated
projects into a single project to qualify for alternative facilities bonding and levy revenue.
    Subd. 2. Contents of program. A district must adopt a health and safety program. The
program must include plans, where applicable, for hazardous substance removal, fire and
life safety code repairs, regulated facility and equipment violations, and health, safety, and
environmental management, including indoor air quality management.
(a) A hazardous substance plan must contain provisions for the removal or encapsulation
of asbestos from school buildings or property, asbestos-related repairs, cleanup and disposal of
polychlorinated biphenyls found in school buildings or property, and cleanup, removal, disposal,
and repairs related to storing heating fuel or transportation fuels such as alcohol, gasoline,
fuel, oil, and special fuel, as defined in section 296A.01. If a district has already developed
a plan for the removal or encapsulation of asbestos as required by the federal Asbestos Hazard
Emergency Response Act of 1986, the district may use a summary of that plan, which includes a
description and schedule of response actions, for purposes of this section. The plan must also
contain provisions to make modifications to existing facilities and equipment necessary to limit
personal exposure to hazardous substances, as regulated by the federal Occupational Safety and
Health Administration under Code of Federal Regulations, title 29, part 1910, subpart Z; or is
determined by the commissioner to present a significant risk to district staff or student health and
safety as a result of foreseeable use, handling, accidental spill, exposure, or contamination.
(b) A fire and life safety plan must contain a description of the current fire and life safety
code violations, a plan for the removal or repair of the fire and life safety hazard, and a description
of safety preparation and awareness procedures to be followed until the hazard is fully corrected.
(c) A facilities and equipment violation plan must contain provisions to correct health and
safety hazards as provided in Department of Labor and Industry standards pursuant to section
182.655.
(d) A health, safety, and environmental management plan must contain a description of
training, record keeping, hazard assessment, and program management as defined in section
123B.56.
(e) A plan to test for and mitigate radon produced hazards.
(f) A plan to monitor and improve indoor air quality.
    Subd. 3. Health and safety revenue. A district's health and safety revenue for a fiscal
year equals:
(1) the sum of (a) the total approved cost of the district's hazardous substance plan for fiscal
years 1985 through 1989, plus (b) the total approved cost of the district's health and safety program
for fiscal year 1990 through the fiscal year to which the levy is attributable, excluding expenditures
funded with bonds issued under section 123B.59 or 123B.62, or chapter 475; certificates of
indebtedness or capital notes under section 123B.61; levies under section 123B.58, 123B.59,
123B.63, or 126C.40, subdivision 1 or 6; and other federal, state, or local revenues, minus
(2) the sum of (a) the district's total hazardous substance aid and levy for fiscal years 1985
through 1989 under sections 124.245 and 275.125, subdivision 11c, plus (b) the district's health
and safety revenue under this subdivision, for years before the fiscal year to which the levy
is attributable.
    Subd. 4. Health and safety levy. To receive health and safety revenue, a district may levy an
amount equal to the district's health and safety revenue as defined in subdivision 3 multiplied by
the lesser of one, or the ratio of the quotient derived by dividing the adjusted net tax capacity of
the district for the year preceding the year the levy is certified by the adjusted marginal cost pupil
units in the district for the school year to which the levy is attributable, to $2,935.
    Subd. 5. Health and safety aid. A district's health and safety aid is the difference between
its health and safety revenue and its health and safety levy. If a district does not levy the entire
amount permitted, health and safety aid must be reduced in proportion to the actual amount
levied. Health and safety aid may not be reduced as a result of reducing a district's health and
safety levy according to section 123B.79.
    Subd. 6. Uses of health and safety revenue. (a) Health and safety revenue may be used only
for approved expenditures necessary to correct fire and life safety hazards, or for the removal
or encapsulation of asbestos from school buildings or property owned or being acquired by the
district, asbestos-related repairs, cleanup and disposal of polychlorinated biphenyls found in
school buildings or property owned or being acquired by the district, or the cleanup, removal,
disposal, and repairs related to storing heating fuel or transportation fuels such as alcohol,
gasoline, fuel oil, and special fuel, as defined in section 296A.01, Minnesota occupational safety
and health administration regulated facility and equipment hazards, indoor air quality mold
abatement, upgrades or replacement of mechanical ventilation systems to meet American Society
of Heating, Refrigerating and Air Conditioning Engineers standards and State Mechanical Code,
Department of Health Food Code and swimming pool hazards excluding depth correction, and
health, safety, and environmental management. Testing and calibration activities are permitted
for existing mechanical ventilation systems at intervals no less than every five years. Health and
safety revenue must not be used to finance a lease purchase agreement, installment purchase
agreement, or other deferred payments agreement. Health and safety revenue must not be used
for the construction of new facilities or the purchase of portable classrooms, for interest or other
financing expenses, or for energy efficiency projects under section 123B.65. The revenue may
not be used for a building or property or part of a building or property used for postsecondary
instruction or administration or for a purpose unrelated to elementary and secondary education.
(b) Notwithstanding paragraph (a), health and safety revenue must not be used for
replacement of building materials or facilities including roof, walls, windows, internal fixtures
and flooring, nonhealth and safety costs associated with demolition of facilities, structural repair
or replacement of facilities due to unsafe conditions, violence prevention and facility security,
ergonomics, building and heating, ventilating and air conditioning supplies, maintenance, and
cleaning activities. All assessments, investigations, inventories, and support equipment not
leading to the engineering or construction of a project shall be included in the health, safety, and
environmental management costs in subdivision 8, paragraph (a).
    Subd. 7. Proration. In the event that the health and safety aid available for any year is
prorated, a district having its aid prorated may levy an additional amount equal to the amount not
paid by the state due to proration.
    Subd. 8. Health, safety, and environmental management cost. (a) A district's cost for
health, safety, and environmental management is limited to the lesser of:
(1) actual cost to implement their plan; or
(2) an amount determined by the commissioner, based on enrollment, building age, and size.
(b) The department may contract with regional service organizations, private contractors,
Minnesota Safety Council, or state agencies to provide management assistance to school districts
for health and safety capital projects. Management assistance is the development of written
programs for the identification, recognition and control of hazards, and prioritization and
scheduling of district health and safety capital projects. The department shall not exclude private
contractors from the opportunity to provide any health and safety services to school districts.
(c) Notwithstanding paragraph (b), the department may approve revenue, up to the limit
defined in paragraph (a) for districts having an approved health, safety, and environmental
management plan that uses district staff to accomplish coordination and provided services.
History: 1988 c 718 art 8 s 19; 1988 c 719 art 5 s 84; 1989 c 329 art 5 s 11-13; 1Sp1989 c 1
art 6 s 6; art 9 s 4; 1990 c 562 art 5 s 8; art 10 s 5; 1990 c 604 art 8 s 1,2; 1991 c 130 s 19,20;
1991 c 265 art 5 s 6; 1993 c 224 art 5 s 22-26; 1994 c 647 art 6 s 28; 1Sp1995 c 3 art 5 s 7; art
16 s 13; 1Sp1997 c 4 art 4 s 17,18; 1998 c 299 s 30; 1998 c 397 art 7 s 97,98,164; art 11 s 3;
1998 c 398 art 4 s 3; 1999 c 86 art 1 s 33; 1999 c 241 art 4 s 7,29; 2000 c 464 art 3 s 9; 2000 c
489 art 5 s 5,19,27; 1Sp2001 c 6 art 4 s 3-5; 1Sp2003 c 9 art 4 s 5-7; 2006 c 282 art 5 s 1
NOTE: The amendment to subdivision 6 by Laws 2006, chapter 282, article 5, section 1, is
effective for revenue for fiscal year 2008 and later. Laws 2006, chapter 282, article 5, section
1, the effective date.