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.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 Subd. 3.Frequency of testing.(a) The plan under subdivision 2 must include a testing
1.22schedule for every building serving prekindergarten through grade 12 students. The schedule
1.23must require that each building be tested at least once every five years. A school district or
1Section 1.
23-01516 as introduced12/28/22 REVISOR CM/LN
SENATE
STATE OF MINNESOTA
S.F. No. 579NINETY-THIRD SESSION
(SENATE AUTHORS: MAYE QUADE and Morrison)
OFFICIAL STATUSD-PGDATE
Introduction and first reading01/23/2023
Referred to Education Policy 2.1charter school must begin testing school buildings by July 1, 2018, and complete testing of
2.2all buildings that serve students within five years.
2.3 (b) A school district or charter school that finds lead at a specific location providing
2.4cooking or drinking water within a facility must formulate, make publicly available, and
2.5implement a plan that is consistent with established guidelines and recommendations to
2.6ensure that student exposure to lead is minimized. This includes, when a school district or
2.7charter school finds the presence of lead at a level where action should be taken as set by
2.8the guidance above five parts per billion in any water source that can provide cooking or
2.9drinking water, immediately shutting off the water source or making it unavailable until the
2.10hazard has been minimized.
2.11 (c) A school district or charter school must test for the presence of lead after completing
2.12remediation activities required under this section to confirm that the water contains lead at
2.13a level less than five parts per billion.
2.14 Subd. 4.Ten-year facilities plan.A school district may must include lead testing and
2.15remediation as a part of its ten-year facilities plan under section 123B.595.
2.16 Subd. 5.Reporting.(a) A school district or charter school that has tested its buildings
2.17for the presence of lead shall make the results of the testing available to the public for review
2.18and must notify parents of the availability of the information. must send parents an annual
2.19notice that includes the district's or charter school's annual testing and remediation plan,
2.20information about how to find test results, and a description of remediation efforts on the
2.21district website. The district or charter school must update the lead testing and remediation
2.22information on its website at least annually. In addition to the annual notice, the district or
2.23charter school must include in an official school handbook or official school policy guide
2.24information on how parents may find the test results and a description of remediation efforts
2.25on the district or charter school website and how often this information is updated.
2.26 (b) School districts and charter schools must follow the actions outlined in guidance
2.27from the commissioners of health and education. If a test conducted under subdivision 3,
2.28paragraph (a), reveals the presence of lead above a level where action should be taken as
2.29set by the guidance five parts per billion, the school district or charter school must, within
2.3030 days of receiving the test result, either remediate the presence of lead to below the level
2.31set in guidance, verified by retest, or directly notify parents of the test result. The school
2.32district or charter school must make the water source unavailable until the hazard has been
2.33minimized and remediation activities have been completed in accordance with subdivision
2.343.
2Section 1.
23-01516 as introduced12/28/22 REVISOR CM/LN 3.1 (c) School districts and charter schools must report their test results to the commissioner
3.2of health in the form and manner determined by the commissioner. If a test reveals the
3.3presence of lead above five parts per billion, the school district or charter school must also
3.4report its remediation efforts. The commissioner of health must post, and annually update,
3.5the test results and remediation efforts on the department website, by school site.
3.6 Subd. 6.Public water system.If testing reveals that a significant contributor to lead
3.7contamination in school drinking water is the infrastructure operated by a public water
3.8system that is not a school water system, the district or charter school is not financially
3.9responsible for remediating elevated lead levels in drinking water that passes through that
3.10infrastructure. The district or charter school must communicate with the public water system
3.11regarding its documented significant contribution to lead contamination in school drinking
3.12water and request from the public water system a plan for reducing the lead contamination.
3.13The district or charter school may defer its remediation activities under this section until
3.14after the elevated lead level in the public water system's infrastructure is remediated and
3.15postremediation testing does not detect an elevated lead level in the drinking water that
3.16passes through that infrastructure.
3.17 Subd. 7.Commissioner recommendations.By January 1, 2026, and every five years
3.18thereafter, the commissioner of health must report to the legislative committees having
3.19jurisdiction over health and kindergarten through grade 12 education any recommended
3.20changes to this section, including whether to change the level of lead that requires
3.21remediation. The recommendations must be based on currently available scientific evidence
3.22regarding the effects of lead in drinking water.
3.23 EFFECTIVE DATE.This section is effective July 1, 2023.
3.24 Sec. 2. Minnesota Statutes 2022, section 123B.595, subdivision 1, is amended to read:
3.25 Subdivision 1.Long-term facilities maintenance revenue.(a) For fiscal year 2017
3.26only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
3.27times the district's adjusted pupil units times the lesser of one or the ratio of the district's
3.28average building age to 35 years, plus the cost approved by the commissioner for indoor
3.29air quality, fire alarm and suppression, and asbestos abatement projects under section
3.30123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
3.31school district with an approved voluntary prekindergarten program under section 124D.151,
3.32the cost approved by the commissioner for remodeling existing instructional space to
3.33accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
3.34have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
3Sec. 2.
23-01516 as introduced12/28/22 REVISOR CM/LN 4.12014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
4.2district with an approved voluntary prekindergarten program under section 124D.151, the
4.3cost approved by the commissioner for remodeling existing instructional space to
4.4accommodate prekindergarten instruction.
4.5 (b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the greater
4.6of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of one or
4.7the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
4.8commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
4.9projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
4.10per site, plus (iii) for a school district with an approved voluntary prekindergarten program
4.11under section 124D.151, the cost approved by the commissioner for remodeling existing
4.12instructional space to accommodate prekindergarten instruction, or (2) the sum of (i) the
4.13amount the district would have qualified for under Minnesota Statutes 2014, section 123B.57,
4.14Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591,
4.15and (ii) for a school district with an approved voluntary prekindergarten program under
4.16section 124D.151, the cost approved by the commissioner for remodeling existing
4.17instructional space to accommodate prekindergarten instruction.
4.18 (c) (a) For fiscal year 2019 2024 and later, long-term facilities maintenance revenue
4.19equals the greater of:
4.20 (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser of one or
4.21the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
4.22commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
4.23projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
4.24per site, plus (iii) for a school district with an approved voluntary prekindergarten program
4.25under section 124D.151, the cost approved by the commissioner for remodeling existing
4.26instructional space to accommodate prekindergarten instruction, and (iv) the costs approved
4.27by the commissioner of health for remediation of lead in the school's drinking water,
4.28including the cost of filters; or
4.29 (2) the sum of (i) the amount the district would have qualified for under Minnesota
4.30Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
4.31Statutes 2014, section 123B.591, and (ii) for a school district with an approved voluntary
4.32prekindergarten program under section 124D.151, the cost approved by the commissioner
4.33for remodeling existing instructional space to accommodate prekindergarten instruction.
4Sec. 2.
23-01516 as introduced12/28/22 REVISOR CM/LN 5.1 (d) (b) Notwithstanding paragraphs paragraph (a), (b), and (c), a school district that
5.2qualified for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1,
5.3paragraph (a), for fiscal year 2010 remains eligible for funding under this section as a district
5.4that would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
5.5subdivision 1, paragraph (a), for fiscal year 2017 and later.
5.6 EFFECTIVE DATE.This section is effective July 1, 2023.
5.7 Sec. 3. Minnesota Statutes 2022, section 123B.595, subdivision 2, is amended to read:
5.8 Subd. 2.Long-term facilities maintenance revenue for a charter school.(a) For fiscal
5.9year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
5.10times the adjusted pupil units.
5.11 (b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
5.12school equals $85 times the adjusted pupil units.
5.13 (c) For fiscal year 2019 2024 and later, long-term facilities maintenance revenue for a
5.14charter school equals the sum of $132 times the adjusted pupil units for that year, plus the
5.15costs approved by the commissioner of health for remediation of lead in the school's drinking
5.16water, including the cost of filters.
5.17 EFFECTIVE DATE.This section is effective July 1, 2023.
5.18 Sec. 4. Minnesota Statutes 2022, section 123B.595, subdivision 7, is amended to read:
5.19 Subd. 7.Long-term facilities maintenance equalization revenue.(a) For fiscal year
5.202017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
5.21of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
5.22 (b) For fiscal year 2018 only, a district's long-term facilities maintenance equalization
5.23revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's
5.24revenue under subdivision 1.
5.25 (c) (a) For fiscal year 2019 2024 and later, a district's long-term facilities maintenance
5.26equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the
5.27district's revenue under subdivision 1.
5.28 (d) (b) Notwithstanding paragraphs paragraph (a) to (c), a district's long-term facilities
5.29maintenance equalization revenue must not be less than the lesser of the district's long-term
5.30facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
5.31under Minnesota Statutes 2014, section 123B.59, subdivision 6.
5Sec. 4.
23-01516 as introduced12/28/22 REVISOR CM/LN 6.1 EFFECTIVE DATE.This section is effective July 1, 2023.
6.2 Sec. 5. Minnesota Statutes 2022, section 123B.595, subdivision 8, is amended to read:
6.3 Subd. 8.Long-term facilities maintenance equalized levy.(a) For fiscal year 2017
6.4and later, A district's long-term facilities maintenance equalized levy equals the district's
6.5long-term facilities maintenance equalization revenue minus the greater of:
6.6 (1) the lesser of the district's long-term facilities maintenance equalization revenue or
6.7the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
6.8section 123B.59, subdivision 6; or
6.9 (2) the district's long-term facilities maintenance equalization revenue times the greater
6.10of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
6.11in the year preceding the year the levy is certified to 123 percent of the state average adjusted
6.12net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
6.13the levy is certified.
6.14 (b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
6.15in section 126C.01, subdivision 2, paragraph (b).
6.16 EFFECTIVE DATE.This section is effective July 1, 2023.
6.17 Sec. 6. Minnesota Statutes 2022, section 123B.595, subdivision 8a, is amended to read:
6.18 Subd. 8a.Long-term facilities maintenance unequalized levy.For fiscal year 2017
6.19and later, A district's long-term facilities maintenance unequalized levy equals the difference
6.20between the district's revenue under subdivision 1 and the district's equalization revenue
6.21under subdivision 7.
6.22 EFFECTIVE DATE.This section is effective July 1, 2023.
6.23 Sec. 7. Minnesota Statutes 2022, section 123B.595, subdivision 9, is amended to read:
6.24 Subd. 9.Long-term facilities maintenance equalized aid.For fiscal year 2017 and
6.25later, A district's long-term facilities maintenance equalized aid equals its long-term facilities
6.26maintenance equalization revenue minus its long-term facilities maintenance equalized levy
6.27times the ratio of the actual equalized amount levied to the permitted equalized levy.
6.28 EFFECTIVE DATE.This section is effective July 1, 2023.
6Sec. 7.
23-01516 as introduced12/28/22 REVISOR CM/LN 7.1 Sec. 8. APPROPRIATION.
7.2 Subdivision 1.Department of Education.The sums indicated in this section are
7.3appropriated from the general fund to the Department of Education in the fiscal years
7.4designated.
7.5 Subd. 2.Lead remediation.(a) For transfer to the commissioner of health for grants to
7.6American Indian Tribal contract schools for lead remediation activities:
2024............7.7 $
2025............7.8 $
7.9 (b) A Tribal contract or grant school that receives revenue under Minnesota Statutes,
7.10section 124D.83, is eligible for a grant under this subdivision. Grants must be used to test
7.11drinking water for the presence of lead or to reduce or eliminate lead in the drinking water
7.12at the school site. An applicant for a grant must submit to the commissioner a plan to test
7.13for lead or the results of any testing performed in the previous five years and a description
7.14of how grant funds will be used.
7.15 (c) The base for fiscal year 2026 and later is $........
7.16 EFFECTIVE DATE.This section is effective July 1, 2023.
7Sec. 8.
23-01516 as introduced12/28/22 REVISOR CM/LN