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　　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. 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, cleaning, testing,

　　and calibration 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.

　　HIST: 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