1.1 	A bill for an act
1.2 	relating to health; limiting use of synthetic turf on certain athletic fields; requiring 
1.3 	commissioner of health to study impact of use of crumb rubber; allowing schools 
1.4 	to use health and safety revenue to evaluate use of synthetic turf; requiring 
1.5 	reports; appropriating money;amending Minnesota Statutes 2008, section 
1.6 	123B.57, subdivision 6; proposing coding for new law in Minnesota Statutes, 
1.7 	chapter 145.
1.8 	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

1.9 	Section 1. Minnesota Statutes 2008, section 123B.57, subdivision 6, is amended to read:
1.10 		Subd. 6.Uses of health and safety revenue. (a) Health and safety revenue may 
1.11 	be used only for approved expenditures necessary to correct fire and life safety hazards, 
1.12 	or for the removal or encapsulation of asbestos from school buildings or property 
1.13 	owned or being acquired by the district, asbestos-related repairs, cleanup and disposal 
1.14 	of polychlorinated biphenyls found in school buildings or property owned or being 
1.15 	acquired by the district, or the cleanup, removal, disposal, and repairs related to storing 
1.16 	heating fuel or transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, 
1.17 	as defined in section 296A.01, Minnesota occupational safety and health administration 
1.18 	regulated facility and equipment hazards, indoor air quality mold abatement, upgrades 
1.19 	or replacement of mechanical ventilation systems to meet American Society of Heating, 
1.20 	Refrigerating and Air Conditioning Engineers standards and State Mechanical Code, 
1.21 	Department of Health Food Code and swimming pool hazards excluding depth correction, 
1.22 	and health, safety, and environmental management. Testing and calibration activities are 
1.23 	permitted for existing mechanical ventilation systems at intervals no less than every five 
1.24 	years. Health and safety revenue must not be used to finance a lease purchase agreement, 
1.25 	installment purchase agreement, or other deferred payments agreement. Health and safety 
2.1 	revenue must not be used for the construction of new facilities or the purchase of portable 
2.2 	classrooms, for interest or other financing expenses, or for energy efficiency projects 
2.3 	under section 123B.65. The revenue may not be used for a building or property or part 
2.4 	of a building or property used for postsecondary instruction or administration or for a 
2.5 	purpose unrelated to elementary and secondary education. 
2.6 	(b) Notwithstanding paragraph (a), health and safety revenue must not be used for 
2.7 	replacement of building materials or facilities including roof, walls, windows, internal 
2.8 	fixtures and flooring, nonhealth and safety costs associated with demolition of facilities, 
2.9 	structural repair or replacement of facilities due to unsafe conditions, violence prevention 
2.10 	and facility security, ergonomics, building and heating, ventilating and air conditioning 
2.11 	supplies, maintenance, and cleaning activities. All assessments, investigations, 
2.12 	inventories, and support equipment not leading to the engineering or construction of a 
2.13 	project shall be included in the health, safety, and environmental management costs in 
2.14 	subdivision 8, paragraph (a).
2.15 	(c) Health and safety revenue may be used to contract for a site-specific evaluation 
2.16 	and impact report on the health and environmental effects of the use or installation of 
2.17 	synthetic turf on an athletic playing field on school property.

2.18 	Sec. 2. [145.945] HEALTH ASSESSMENT OF SYNTHETIC TURF.
2.19 		Subdivision 1.Definitions. (a) For purposes of this section, the following terms 
2.20 	have the meanings given.
2.21 	(b) "Crumb rubber" means ground rubber derived from waste tires, which contain 
2.22 	one or more of the following: acetone, arsenic, cadmium, chromium, lead, vanadium, or 
2.23 	zinc.
2.24 	(c) "Synthetic turf" means any materials or compositions that include crumb rubber 
2.25 	used in the place of grass to surface parks, outdoor athletic playing fields, indoor athletic 
2.26 	facilities, or other venues.
2.27 		Subd. 2.Use of synthetic turf. No person may install synthetic turf on an athletic 
2.28 	playing field, playground, or surface park within the boundaries of a public or private 
2.29 	school or a public park, until the Department of Health, in consultation with the state 
2.30 	Pollution Control Agency, has prepared a site specific impact report on the health and 
2.31 	environmental effects of the use or installation of synthetic turf on that athletic playing 
2.32 	field.
2.33 		Subd. 3.Health study. The commissioner of health must study the health impacts 
2.34 	related to the use of crumb rubber within synthetic turf, and review all available data 
2.35 	relating to the potential health risks and health effects of synthetic turf, with particular 
3.1 	attention to the crumb rubber content of the synthetic turf. In conducting this study, the 
3.2 	commissioner must examine the health and environmental impact of various pathways of 
3.3 	exposure including, but not limited to, small fill particle inhalation, volatility, leaching into 
3.4 	groundwater, dermal absorption, and the persistence in the environment of the original and 
3.5 	degraded byproducts of crumb rubber. The commissioner of health must report the finding 
3.6 	of this study to the legislature by June 30, 2010, according to section 3.195.

3.7 	Sec. 3. APPROPRIATION.
 3.8 	$....... is appropriated from the general fund to the commissioner of health in fiscal 
3.9 	year 2010 to prepare impact reports and study the use of crumb rubber within synthetic turf.