1.1                          A bill for an act 
  1.2             relating to education; improving school building 
  1.3             repairs related to mold abatement; amending Minnesota 
  1.4             Statutes 2003 Supplement, section 123B.57, subdivision 
  1.5             6. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 2003 Supplement, section 
  1.8   123B.57, subdivision 6, is amended to read: 
  1.9      Subd. 6.  [USES OF HEALTH AND SAFETY REVENUE.] (a) Health 
  1.10  and safety revenue may be used only for approved expenditures 
  1.11  necessary to correct fire and life safety hazards, or for the 
  1.12  removal or encapsulation of asbestos from school buildings or 
  1.13  property owned or being acquired by the district, 
  1.14  asbestos-related repairs, cleanup and disposal of 
  1.15  polychlorinated biphenyls found in school buildings or property 
  1.16  owned or being acquired by the district, or the cleanup, 
  1.17  removal, disposal, and repairs related to storing heating fuel 
  1.18  or transportation fuels such as alcohol, gasoline, fuel oil, and 
  1.19  special fuel, as defined in section 296A.01, Minnesota 
  1.20  occupational safety and health administration regulated facility 
  1.21  and equipment hazards, indoor air quality mold 
  1.22  abatement, building repairs performed to fix an identified mold 
  1.23  abatement problem, upgrades or replacement of mechanical 
  1.24  ventilation systems to meet American Society of Heating, 
  1.25  Refrigerating and Air Conditioning Engineers standards and State 
  2.1   Mechanical Code, Department of Health Food Code and swimming 
  2.2   pool hazards excluding depth correction, and health, safety, and 
  2.3   environmental management.  Health and safety revenue must not be 
  2.4   used to finance a lease purchase agreement, installment purchase 
  2.5   agreement, or other deferred payments agreement.  Health and 
  2.6   safety revenue must not be used for the construction of new 
  2.7   facilities or the purchase of portable classrooms, for interest 
  2.8   or other financing expenses, or for energy efficiency projects 
  2.9   under section 123B.65.  The revenue may not be used for a 
  2.10  building or property or part of a building or property used for 
  2.11  postsecondary instruction or administration or for a purpose 
  2.12  unrelated to elementary and secondary education. 
  2.13     (b) Notwithstanding paragraph (a), health and safety 
  2.14  revenue must not be used for replacement of building materials 
  2.15  or facilities including roof, walls, windows, internal fixtures 
  2.16  and flooring, nonhealth and safety costs associated with 
  2.17  demolition of facilities, structural repair or replacement of 
  2.18  facilities due to unsafe conditions, violence prevention and 
  2.19  facility security, ergonomics, building and heating, ventilating 
  2.20  and air conditioning supplies, maintenance, cleaning, testing, 
  2.21  and calibration activities.  All assessments, investigations, 
  2.22  inventories, and support equipment not leading to the 
  2.23  engineering or construction of a project shall be included in 
  2.24  the health, safety, and environmental management costs in 
  2.25  subdivision 8, paragraph (a). 
  2.26     <b>[EFFECTIVE DATE.]</b> This section is effective the day 
  2.27  following final enactment and applies to projects approved after 
  2.28  February 1, 2004, for taxes payable in 2005 and later.