1.1 A bill for an act
1.2 relating to education; modifying lead testing and remediation requirements in
1.3 schools; requiring a report; appropriating money; amending Minnesota Statutes
1.4 2022, sections 121A.335; 123B.595, subdivisions 1, 2, 7, 8, 8a, 9.
1.5BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
1.6 Section 1. Minnesota Statutes 2022, section 121A.335, is amended to read:
1.7 121A.335 LEAD IN SCHOOL DRINKING WATER.
1.8 Subdivision 1.Model plan.The commissioners of health and education shall jointly
1.9develop a model plan to require school districts to accurately and efficiently test for the
1.10presence of lead in water in public school buildings serving students in kindergarten through
1.11grade 12. To the extent possible, the commissioners shall base the plan on the standards
1.12established by the United States Environmental Protection Agency. The plan may be based
1.13on the technical guidance in the Department of Health's document, "Reducing Lead in
1.14Drinking Water: A Technical Guidance for Minnesota's School and Child Care Facilities."
1.15The plan must include recommendations for remediation efforts when testing reveals the
1.16presence of lead above five parts per billion.
1.17 Subd. 2.School plans.(a) By July 1, 2018, the board of each school district or charter
1.18school must adopt the commissioners' model plan or develop and adopt an alternative plan
1.19to accurately and efficiently test for the presence of lead in water in school buildings serving
1.20prekindergarten students and students in kindergarten through grade 12.
1.21 (b) By July 1, 2024, a school district or charter school must revise its plan to include its
1.22policies and procedures for ensuring consistent water quality throughout the district's or
1.23charter school's facilities. The plan must document the routine water management strategies
1Section 1.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT
State of Minnesota
This Document can be made available
in alternative formats upon request
HOUSE OF REPRESENTATIVES
H. F. No. 347
NINETY-THIRD SESSION
Authored by Howard, Jordan, Frazier, Pursell and Her01/17/2023
The bill was read for the first time and referred to the Committee on Education Policy
Adoption of Report: Re-referred to the Committee on Health Finance and Policy01/30/2023
Adoption of Report: Amended and re-referred to the Committee on Education Finance02/06/2023 2.1and procedures used in each building or facility to maintain water quality and reduce exposure
2.2to lead. A district or charter school must base the plan on the United States Environmental
2.3Protection Agency's "Ensuring Drinking Water Quality in Schools During and After Extended
2.4Closures" fact sheet and United States Environmental Protection Agency's "3Ts Toolkit for
2.5Reducing Lead in Drinking Water in Schools and Child Care Facilities." A district or charter
2.6school's plan must be publicly available upon request.
2.7 Subd. 3.Frequency of testing.(a) The plan under subdivision 2 must include a testing
2.8schedule for every building serving prekindergarten through grade 12 students. The schedule
2.9must require that each building be tested at least once every five years. A school district or
2.10charter school must begin testing school buildings by July 1, 2018, and complete testing of
2.11all buildings that serve students within five years.
2.12 (b) A school district or charter school that finds lead at a specific location providing
2.13cooking or drinking water within a facility must formulate, make publicly available, and
2.14implement a plan that is consistent with established guidelines and recommendations to
2.15ensure that student exposure to lead is minimized reduced below five parts per billion as
2.16verified by a retest. This includes, when a school district or charter school finds the presence
2.17of lead at a level where action should be taken as set by the guidance above five parts per
2.18billion in any water source fixture that can provide cooking or drinking water, immediately
2.19shutting off the water source fixture or making it unavailable until the hazard has been
2.20minimized remediated, as verified by a retest.
2.21 (c) A school district or charter school must test for the presence of lead after completing
2.22remediation activities required under this section to confirm that the water contains lead at
2.23a level less than five parts per billion.
2.24 Subd. 4.Ten-year facilities plan.A school district may include lead testing and
2.25remediation as a part of its ten-year facilities plan under section 123B.595.
2.26 Subd. 5.Reporting.(a) A school district or charter school that has tested its buildings
2.27for the presence of lead shall make the results of the testing available to the public for review
2.28and must notify parents of the availability of the information. must send parents an annual
2.29notice that includes the district's or charter school's annual testing and remediation plan,
2.30information about how to find test results, and a description of remediation efforts on the
2.31district website. The district or charter school must update the lead testing and remediation
2.32information on its website at least annually. In addition to the annual notice, the district or
2.33charter school must include in an official school handbook or official school policy guide
2Section 1.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT 3.1information on how parents may find the test results and a description of remediation efforts
3.2on the district or charter school website and how often this information is updated.
3.3 School districts and charter schools must follow the actions outlined in guidance from
3.4the commissioners of health and education. (b) If a test conducted under subdivision 3,
3.5paragraph (a), reveals the presence of lead above a level where action should be taken as
3.6set by the guidance five parts per billion, the school district or charter school must, within
3.730 days of receiving the test result, either remediate the presence of lead to below the level
3.8set in guidance five parts per billion, verified by retest, or directly notify parents of the test
3.9result. The school district or charter school must make the water source unavailable until
3.10the hazard has been minimized.
3.11 (c) Starting July 1, 2024, school districts and charter schools must report their test results
3.12and remediation activities to the commissioner of health in the form and manner determined
3.13by the commissioner in consultation with school districts and charter schools, by July 1 of
3.14each year. The commissioner of health must post, and annually update, the test results and
3.15remediation efforts on the department website, by school site.
3.16 (d) A district or charter school must maintain a record of lead testing results and
3.17remediation activities for at least 15 years.
3.18 Subd. 6.Public water system.(a) A district or charter school is not financially
3.19responsible for remediation of documented elevated lead levels in drinking water caused
3.20by the presence of lead infrastructure owned by a public water supply utility providing water
3.21to the school facility, such as lead service lines, meters, galvanized service lines downstream
3.22of lead, or lead connectors. The district or charter school must communicate with the public
3.23water system regarding its documented significant contribution to lead contamination in
3.24school drinking water and request from the public water system a plan for reducing the lead
3.25contamination.
3.26 (b) If the infrastructure is jointly owned by a district or charter school and a public water
3.27supply utility, the district or charter school must attempt to coordinate any needed
3.28replacements of lead service lines with the public water supply utility.
3.29 (c) A district or charter school may defer its remediation activities under this section
3.30until after the elevated lead level in the public water system's infrastructure is remediated
3.31and postremediation testing does not detect an elevated lead level in the drinking water that
3.32passes through that infrastructure. A district or charter school may also defer its remediation
3.33activities if the public water supply exceeds the federal Safe Drinking Water Act lead action
3.34level or is in violation of the Safe Drinking Water Act Lead and Copper Rule.
3Section 1.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT 4.1 Subd. 7.Commissioner recommendations.By January 1, 2026, and every five years
4.2thereafter, the commissioner of health must report to the legislative committees having
4.3jurisdiction over health and kindergarten through grade 12 education any recommended
4.4changes to this section. The recommendations must be based on currently available scientific
4.5evidence regarding the effects of lead in drinking water.
4.6 EFFECTIVE DATE.This section is effective July 1, 2023.
4.7 Sec. 2. Minnesota Statutes 2022, section 123B.595, subdivision 1, is amended to read:
4.8 Subdivision 1.Long-term facilities maintenance revenue.(a) For fiscal year 2017
4.9only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
4.10times the district's adjusted pupil units times the lesser of one or the ratio of the district's
4.11average building age to 35 years, plus the cost approved by the commissioner for indoor
4.12air quality, fire alarm and suppression, and asbestos abatement projects under section
4.13123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
4.14school district with an approved voluntary prekindergarten program under section 124D.151,
4.15the cost approved by the commissioner for remodeling existing instructional space to
4.16accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
4.17have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
4.182014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
4.19district with an approved voluntary prekindergarten program under section 124D.151, the
4.20cost approved by the commissioner for remodeling existing instructional space to
4.21accommodate prekindergarten instruction.
4.22 (b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the greater
4.23of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of one or
4.24the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
4.25commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
4.26projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
4.27per site, plus (iii) for a school district with an approved voluntary prekindergarten program
4.28under section 124D.151, the cost approved by the commissioner for remodeling existing
4.29instructional space to accommodate prekindergarten instruction, or (2) the sum of (i) the
4.30amount the district would have qualified for under Minnesota Statutes 2014, section 123B.57,
4.31Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591,
4.32and (ii) for a school district with an approved voluntary prekindergarten program under
4.33section 124D.151, the cost approved by the commissioner for remodeling existing
4.34instructional space to accommodate prekindergarten instruction.
4Sec. 2.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT 5.1 (c) (a) For fiscal year 2019 2024 and later, long-term facilities maintenance revenue
5.2equals the greater of:
5.3 (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser of one or
5.4the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
5.5commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
5.6projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
5.7per site, plus (iii) for a school district with an approved voluntary prekindergarten program
5.8under section 124D.151, the cost approved by the commissioner for remodeling existing
5.9instructional space to accommodate prekindergarten instruction, and (iv) the costs for
5.10remediation of lead in the school's drinking water, including the cost of filters; or
5.11 (2) the sum of (i) the amount the district would have qualified for under Minnesota
5.12Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
5.13Statutes 2014, section 123B.591, and (ii) for a school district with an approved voluntary
5.14prekindergarten program under section 124D.151, the cost approved by the commissioner
5.15for remodeling existing instructional space to accommodate prekindergarten instruction.
5.16 (d) (b) Notwithstanding paragraphs paragraph (a), (b), and (c), a school district that
5.17qualified for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1,
5.18paragraph (a), for fiscal year 2010 remains eligible for funding under this section as a district
5.19that would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
5.20subdivision 1, paragraph (a), for fiscal year 2017 and later.
5.21 EFFECTIVE DATE.This section is effective July 1, 2023.
5.22 Sec. 3. Minnesota Statutes 2022, section 123B.595, subdivision 2, is amended to read:
5.23 Subd. 2.Long-term facilities maintenance revenue for a charter school.(a) For fiscal
5.24year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
5.25times the adjusted pupil units.
5.26 (b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
5.27school equals $85 times the adjusted pupil units.
5.28 (c) For fiscal year 2019 2024 and later, long-term facilities maintenance revenue for a
5.29charter school equals the sum of $132 times the adjusted pupil units for that year, plus the
5.30costs approved by the commissioner of health for remediation of lead in the school's drinking
5.31water, including the cost of filters.
5.32 EFFECTIVE DATE.This section is effective July 1, 2023.
5Sec. 3.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT 6.1 Sec. 4. Minnesota Statutes 2022, section 123B.595, subdivision 7, is amended to read:
6.2 Subd. 7.Long-term facilities maintenance equalization revenue.(a) For fiscal year
6.32017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
6.4of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
6.5 (b) For fiscal year 2018 only, a district's long-term facilities maintenance equalization
6.6revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's
6.7revenue under subdivision 1.
6.8 (c) (a) For fiscal year 2019 2024 and later, a district's long-term facilities maintenance
6.9equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the
6.10district's revenue under subdivision 1.
6.11 (d) (b) Notwithstanding paragraphs paragraph (a) to (c), a district's long-term facilities
6.12maintenance equalization revenue must not be less than the lesser of the district's long-term
6.13facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
6.14under Minnesota Statutes 2014, section 123B.59, subdivision 6.
6.15 EFFECTIVE DATE.This section is effective July 1, 2023.
6.16 Sec. 5. Minnesota Statutes 2022, section 123B.595, subdivision 8, is amended to read:
6.17 Subd. 8.Long-term facilities maintenance equalized levy.(a) For fiscal year 2017
6.18and later, A district's long-term facilities maintenance equalized levy equals the district's
6.19long-term facilities maintenance equalization revenue minus the greater of:
6.20 (1) the lesser of the district's long-term facilities maintenance equalization revenue or
6.21the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
6.22section 123B.59, subdivision 6; or
6.23 (2) the district's long-term facilities maintenance equalization revenue times the greater
6.24of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
6.25in the year preceding the year the levy is certified to 123 percent of the state average adjusted
6.26net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
6.27the levy is certified.
6.28 (b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
6.29in section 126C.01, subdivision 2, paragraph (b).
6.30 EFFECTIVE DATE.This section is effective July 1, 2023.
6Sec. 5.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT 7.1 Sec. 6. Minnesota Statutes 2022, section 123B.595, subdivision 8a, is amended to read:
7.2 Subd. 8a.Long-term facilities maintenance unequalized levy.For fiscal year 2017
7.3and later, A district's long-term facilities maintenance unequalized levy equals the difference
7.4between the district's revenue under subdivision 1 and the district's equalization revenue
7.5under subdivision 7.
7.6 EFFECTIVE DATE.This section is effective July 1, 2023.
7.7 Sec. 7. Minnesota Statutes 2022, section 123B.595, subdivision 9, is amended to read:
7.8 Subd. 9.Long-term facilities maintenance equalized aid.For fiscal year 2017 and
7.9later, A district's long-term facilities maintenance equalized aid equals its long-term facilities
7.10maintenance equalization revenue minus its long-term facilities maintenance equalized levy
7.11times the ratio of the actual equalized amount levied to the permitted equalized levy.
7.12 EFFECTIVE DATE.This section is effective July 1, 2023.
7.13 Sec. 8. APPROPRIATION.
7.14 Subdivision 1.Department of Education.The sums indicated in this section are
7.15appropriated from the general fund to the Department of Education in the fiscal years
7.16designated.
7.17 Subd. 2.Lead remediation.(a) For transfer to the commissioner of health for grants to
7.18American Indian Tribal contract schools for lead remediation activities:
2024............7.19 $
2025............7.20 $
7.21 (b) A Tribal contract or grant school that receives revenue under Minnesota Statutes,
7.22section 124D.83, is eligible for a grant under this subdivision. Grants must be used to test
7.23drinking water for the presence of lead or to reduce or eliminate lead in the drinking water
7.24at the school site. An applicant for a grant must submit to the commissioner a plan to test
7.25for lead or the results of any testing performed in the previous five years and a description
7.26of how grant funds will be used.
7.27 (c) The base for fiscal year 2026 and later is $........
7.28 EFFECTIVE DATE.This section is effective July 1, 2023.
7Sec. 8.
REVISOR CM H0347-1HF347 FIRST ENGROSSMENT