Bill Text: MN SF1334 | 2013-2014 | 88th Legislature | Introduced
Bill Title: Health and safety revenue program and deferred maintenance revenue program incorporation and per pupil formula allowance set
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2013-03-13 - Referred to Finance [SF1334 Detail]
Download: Minnesota-2013-SF1334-Introduced.html
1.2relating to education finance; incorporating the health and safety revenue
1.3program into the deferred maintenance revenue program; setting a per pupil
1.4formula allowance for the program;amending Minnesota Statutes 2012, sections
1.5123B.57, subdivisions 2, 6; 123B.59, subdivisions 1, 4; 123B.591; repealing
1.6Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, 7.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 123B.57, subdivision 2, is amended to read:
1.9 Subd. 2. Health and safety policy. To qualify forhealth and safety facilities
1.10maintenance revenue under section 123B.591, a school board must adopt a health and
1.11safety policy. The policy must include provisions for implementing a health and safety
1.12program that complies with health, safety, and environmental regulations and best
1.13practices including indoor air quality management.
1.14EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
1.15and later.
1.16 Sec. 2. Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:
1.17 Subd. 6. Uses of health and safety revenue.Health and safety Facilities
1.18maintenance revenue under section 123B.591 may be usedonly for approved expenditures
1.19necessary for the correction of fire and life safety hazards; design, purchase, installation,
1.20maintenance, and inspection of fire protection and alarm equipment; purchase or
1.21construction of appropriate facilities for the storage of combustible and flammable
1.22materials; inventories and facility modifications not related to a remodeling project
1.23to comply with lab safety requirements under section121A.31 ; inspection, testing,
1.24repair, removal or encapsulation, and disposal of asbestos-containing building materials;
2.1cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous and
2.2infectious wastes; cleanup, removal, disposal, and repairs related to storing heating fuel
2.3or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in
2.4section296A.01 ; correction of occupational safety and health administration regulated
2.5hazards; indoor air quality inspections, investigations, and testing; mold abatement;
2.6upgrades or replacement of mechanical ventilation systems to meet American Society of
2.7Heating, Refrigerating and Air Conditioning Engineers standards and State Mechanical
2.8Code; design, materials, and installation of local exhaust ventilation systems, including
2.9required make-up air for controlling regulated hazardous substances; correction of
2.10Department of Health Food Code violations; correction of swimming pool hazards
2.11excluding depth correction; playground safety inspections, repair of unsafe outdoor
2.12playground equipment, and the installation of impact surfacing materials; bleacher
2.13repair or rebuilding to comply with the order of a building code inspector under section
2.14326B.112
; testing and mitigation of elevated radon hazards; lead testing; copper in water
2.15testing; cleanup after major weather-related disasters or flooding; reduction of excessive
2.16organic and inorganic levels in wells and capping of abandoned wells; installation and
2.17testing of boiler backflow valves to prevent contamination of potable water; vaccinations,
2.18titers, and preventative supplies for bloodborne pathogen compliance; costs to comply
2.19with the Janet B. Johnson Parents' Right to Know Act; automated external defibrillators
2.20and other emergency plan equipment and supplies specific to the district's emergency
2.21action plan; and health, safety, and environmental management costs associated with
2.22implementing the district's health and safety program including costs to establish and
2.23operate safety committees, in school buildings or property owned or being acquired by the
2.24district. Testing and calibration activities are permitted for existing mechanical ventilation
2.25systems at intervals no less than every five years.
2.26EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
2.27and later.
2.28 Sec. 3. Minnesota Statutes 2012, section 123B.59, subdivision 1, is amended to read:
2.29 Subdivision 1. To qualify. (a) An independent or special school district qualifies to
2.30participate in the alternative facilities bonding and levy program if the district has:
2.31 (1) more than 66 students per grade;
2.32 (2) over 1,850,000 square feet of space and the average age of building space is 15
2.33years or older or over 1,500,000 square feet and the average age of building space is
2.3435 years or older;
3.1 (3) insufficient funds from projectedhealth and safety revenue and capital facilities
3.2revenue to meet the requirements for deferred maintenance, to make accessibility
3.3improvements, or to make fire, safety, or health repairs; and
3.4 (4) a ten-year facility plan approved by the commissioner according to subdivision 2.
3.5 (b) An independent or special school district not eligible to participate in the
3.6alternative facilities bonding and levy program under paragraph (a) qualifies for limited
3.7participation in the program if the district has:
3.8 (1) one or more health and safety projects with an estimated cost of $500,000 or
3.9more per sitethat would qualify for health and safety revenue except for the project size
3.10limitation in section
123B.57, subdivision 1, paragraph (b); and
3.11 (2) insufficient funds from capital facilities revenue to fund those projects.
3.12 (c) Notwithstanding the square footage limitation in paragraph (a), clause (2),
3.13a school district that qualified for eligibility under paragraph (a) as of July 1, 2007,
3.14remains eligible for funding under this section as long as the district continues to meet the
3.15requirements of paragraph (a), clauses (1), (3), and (4).
3.16EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.17and later.
3.18 Sec. 4. Minnesota Statutes 2012, section 123B.59, subdivision 4, is amended to read:
3.19 Subd. 4. Levy prohibited for capital projects. A district that participates in the
3.20alternative facilities bonding and levy program is not eligible to levy and cannot receive
3.21aid under sections123B.57 and
123B.58 and 123B.591 for any capital projects funded
3.22under this section. A district may levy and receive aid for health and safety environmental
3.23management costs and health and safety regulatory, hazard assessment, record keeping,
3.24and maintenance programs as defined in section123A.443, subdivision 2
3.25approved by the commissioner.
3.26EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.27and later.
3.28 Sec. 5. Minnesota Statutes 2012, section 123B.591, is amended to read:
3.29123B.591DEFERRED FACILITIES MAINTENANCE REVENUE.
3.30 Subdivision 1. Eligibility. An independent or special school district that has
3.31adopted a health and safety policy under section 123B.57, subdivision 2, and that does not
3.32qualify to participate in the alternative facilities bonding and levy under section123B.59,
3.33subdivision 1 , paragraph (a), is eligible to receive deferred facilities maintenance revenue.
4.1 Subd. 2.Deferred Facilities maintenance revenue. (a) The deferred facilities
4.2 maintenance revenue for an eligible school district equals the lesser of:
4.3(1) the district's average health and safety revenue for fiscal years 2009 to 2013; or
4.4(2) the product of$60 $230 times the adjusted marginal cost pupil units for the
4.5school yeartimes the lesser of one or the ratio of the district's average age of building
4.6space to 35 years.
4.7(b) A school district that has a health and safety project meeting the criteria in
4.8section 123B.57, subdivision 6, in excess of $500,000 at any site may, upon approval of
4.9the commissioner of education, proceed with that project under section 123B.59.
4.10(c) A school district that is a member of an intermediate school district may include
4.11in its revenue an additional amount not to exceed $75 per pupil unit for projects at the
4.12intermediate school district which must be transferred to the intermediate school district.
4.13 Subd. 3.Deferred Facilities maintenance levy. To obtain deferred facilities
4.14 maintenance revenuefor fiscal year 2008 and later, a district may levy an amount not
4.15more than the product of itsdeferred facilities maintenance revenue for the fiscal year
4.16times the lesser of one or the ratio of its adjusted net tax capacity per adjusted marginal
4.17cost pupil unit to $5,621.
4.18 Subd. 4.Deferred Facilities maintenance aid. For fiscal year 2008 and later, A
4.19district'sdeferred facilities maintenance aid equals its deferred facilities maintenance
4.20revenue minus itsdeferred facilities maintenance levy times the ratio of the actual amount
4.21levied to the permitted levy.
4.22 Subd. 5. Reserve account.Deferred Facilities maintenance revenue must be
4.23maintained in a reserve account within the general fund.Deferred Facilities maintenance
4.24revenuemay must be used only for facilities expenditures that would be eligible for
4.25alternative facilities bonding and levy revenue under section
123B.59, subdivision 2,
4.26paragraph (a), if the district qualified for that revenue under section
123B.59, subdivision
4.271
, paragraph (a) including any health and safety expenditures authorized under section
4.28123B.591.
4.29EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
4.30and later.
4.31 Sec. 6. REPEALER.
4.32Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, and
4.337, are repealed.
5.1EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
5.2and later.
1.3program into the deferred maintenance revenue program; setting a per pupil
1.4formula allowance for the program;amending Minnesota Statutes 2012, sections
1.5123B.57, subdivisions 2, 6; 123B.59, subdivisions 1, 4; 123B.591; repealing
1.6Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, 7.
1.7BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.8 Section 1. Minnesota Statutes 2012, section 123B.57, subdivision 2, is amended to read:
1.9 Subd. 2. Health and safety policy. To qualify for
1.10maintenance revenue under section 123B.591, a school board must adopt a health and
1.11safety policy. The policy must include provisions for implementing a health and safety
1.12program that complies with health, safety, and environmental regulations and best
1.13practices including indoor air quality management.
1.14EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
1.15and later.
1.16 Sec. 2. Minnesota Statutes 2012, section 123B.57, subdivision 6, is amended to read:
1.17 Subd. 6. Uses of health and safety revenue.
1.18maintenance revenue under section 123B.591 may be used
1.19necessary for the correction of fire and life safety hazards; design, purchase, installation,
1.20maintenance, and inspection of fire protection and alarm equipment; purchase or
1.21construction of appropriate facilities for the storage of combustible and flammable
1.22materials; inventories and facility modifications not related to a remodeling project
1.23to comply with lab safety requirements under section
1.24repair, removal or encapsulation, and disposal of asbestos-containing building materials;
2.1cleanup and disposal of polychlorinated biphenyls; cleanup and disposal of hazardous and
2.2infectious wastes; cleanup, removal, disposal, and repairs related to storing heating fuel
2.3or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in
2.4section
2.5hazards; indoor air quality inspections, investigations, and testing; mold abatement;
2.6upgrades or replacement of mechanical ventilation systems to meet American Society of
2.7Heating, Refrigerating and Air Conditioning Engineers standards and State Mechanical
2.8Code; design, materials, and installation of local exhaust ventilation systems, including
2.9required make-up air for controlling regulated hazardous substances; correction of
2.10Department of Health Food Code violations; correction of swimming pool hazards
2.11excluding depth correction; playground safety inspections, repair of unsafe outdoor
2.12playground equipment, and the installation of impact surfacing materials; bleacher
2.13repair or rebuilding to comply with the order of a building code inspector under section
2.15testing; cleanup after major weather-related disasters or flooding; reduction of excessive
2.16organic and inorganic levels in wells and capping of abandoned wells; installation and
2.17testing of boiler backflow valves to prevent contamination of potable water; vaccinations,
2.18titers, and preventative supplies for bloodborne pathogen compliance; costs to comply
2.19with the Janet B. Johnson Parents' Right to Know Act; automated external defibrillators
2.20and other emergency plan equipment and supplies specific to the district's emergency
2.21action plan; and health, safety, and environmental management costs associated with
2.22implementing the district's health and safety program including costs to establish and
2.23operate safety committees, in school buildings or property owned or being acquired by the
2.24district. Testing and calibration activities are permitted for existing mechanical ventilation
2.25systems at intervals no less than every five years.
2.26EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
2.27and later.
2.28 Sec. 3. Minnesota Statutes 2012, section 123B.59, subdivision 1, is amended to read:
2.29 Subdivision 1. To qualify. (a) An independent or special school district qualifies to
2.30participate in the alternative facilities bonding and levy program if the district has:
2.31 (1) more than 66 students per grade;
2.32 (2) over 1,850,000 square feet of space and the average age of building space is 15
2.33years or older or over 1,500,000 square feet and the average age of building space is
2.3435 years or older;
3.1 (3) insufficient funds from projected
3.2revenue to meet the requirements for deferred maintenance, to make accessibility
3.3improvements, or to make fire, safety, or health repairs; and
3.4 (4) a ten-year facility plan approved by the commissioner according to subdivision 2.
3.5 (b) An independent or special school district not eligible to participate in the
3.6alternative facilities bonding and levy program under paragraph (a) qualifies for limited
3.7participation in the program if the district has:
3.8 (1) one or more health and safety projects with an estimated cost of $500,000 or
3.9more per site
3.10
3.11 (2) insufficient funds from capital facilities revenue to fund those projects.
3.12 (c) Notwithstanding the square footage limitation in paragraph (a), clause (2),
3.13a school district that qualified for eligibility under paragraph (a) as of July 1, 2007,
3.14remains eligible for funding under this section as long as the district continues to meet the
3.15requirements of paragraph (a), clauses (1), (3), and (4).
3.16EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.17and later.
3.18 Sec. 4. Minnesota Statutes 2012, section 123B.59, subdivision 4, is amended to read:
3.19 Subd. 4. Levy prohibited for capital projects. A district that participates in the
3.20alternative facilities bonding and levy program is not eligible to levy and cannot receive
3.21aid under sections
3.22under this section. A district may levy and receive aid for health and safety environmental
3.23management costs and health and safety regulatory, hazard assessment, record keeping,
3.24and maintenance programs as defined in section
3.25approved by the commissioner.
3.26EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
3.27and later.
3.28 Sec. 5. Minnesota Statutes 2012, section 123B.591, is amended to read:
3.29123B.591
3.30 Subdivision 1. Eligibility. An independent or special school district that has
3.31adopted a health and safety policy under section 123B.57, subdivision 2, and that does not
3.32qualify to participate in the alternative facilities bonding and levy under section
3.33subdivision 1
4.1 Subd. 2.
4.2 maintenance revenue for an eligible school district equals the lesser of:
4.3(1) the district's average health and safety revenue for fiscal years 2009 to 2013; or
4.4(2) the product of
4.5school year
4.6
4.7(b) A school district that has a health and safety project meeting the criteria in
4.8section 123B.57, subdivision 6, in excess of $500,000 at any site may, upon approval of
4.9the commissioner of education, proceed with that project under section 123B.59.
4.10(c) A school district that is a member of an intermediate school district may include
4.11in its revenue an additional amount not to exceed $75 per pupil unit for projects at the
4.12intermediate school district which must be transferred to the intermediate school district.
4.13 Subd. 3.
4.14 maintenance revenue
4.15more than the product of its
4.16times the lesser of one or the ratio of its adjusted net tax capacity per adjusted marginal
4.17cost pupil unit to $5,621.
4.18 Subd. 4.
4.19district's
4.20revenue minus its
4.21levied to the permitted levy.
4.22 Subd. 5. Reserve account.
4.23maintained in a reserve account within the general fund.
4.24revenue
4.25
4.26
4.27
4.28123B.591.
4.29EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
4.30and later.
4.31 Sec. 6. REPEALER.
4.32Minnesota Statutes 2012, section 123B.57, subdivisions 1, 3, 4, 5, 6a, 6b, 6c, and
4.337, are repealed.
5.1EFFECTIVE DATE.This section is effective for revenue for fiscal year 2015
5.2and later.
