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.
S0579-1 1st EngrossmentSF579 REVISOR CM
SENATE
STATE OF MINNESOTA
S.F. No. 579NINETY-THIRD SESSION
(SENATE AUTHORS: MAYE QUADE, Morrison, Abeler and Marty)
OFFICIAL STATUSD-PGDATE
Introduction and first reading34101/23/2023
Referred to Education Policy
Comm report: To pass and re-referred to Education Finance55202/01/2023
Author added Abeler579
Author added Marty114602/27/2023
Comm report: To pass as amended and re-refer to Health and Human Services03/13/2023 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 to at or below five parts per billion
2.16as verified by a retest. This includes, when a school district or charter school finds the
2.17presence of lead at a level where action should be taken as set by the guidance above five
2.18parts per billion in any water source fixture that can provide cooking or drinking water,
2.19immediately shutting off the water source fixture or making it unavailable until the hazard
2.20has been minimized 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 at or below 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 as new testing or remediation information
2.33becomes available. In addition to the annual notice, the district or charter school must include
2.34in an official school handbook or official school policy guide information on how parents
2Section 1.
S0579-1 1st EngrossmentSF579 REVISOR CM 3.1may find the test results and a description of remediation efforts on the district or charter
3.2school 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 or less, verified by retest, or directly notify parents of
3.9the test result. The school district or charter school must make the water source unavailable
3.10until the 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. Except in an
3.29emergency, in performing remediation under this section, a district or charter school or a
3.30public water supply utility must not perform a partial replacement of a lead service line.
3.31For purposes of this paragraph, "partial replacement" means replacing a portion of a service
3.32line without replacing the entire service line.
3.33 (c) A district or charter school may defer its remediation activities under this section
3.34until after the elevated lead level in the public water system's infrastructure is remediated
3Section 1.
S0579-1 1st EngrossmentSF579 REVISOR CM 4.1and postremediation testing does not detect an elevated lead level in the drinking water that
4.2passes through that infrastructure. A district or charter school may also defer its remediation
4.3activities if the public water supply exceeds the federal Safe Drinking Water Act lead action
4.4level or is in violation of the Safe Drinking Water Act Lead and Copper Rule.
4.5 Subd. 7.Commissioner recommendations.By January 1, 2026, and every five years
4.6thereafter, the commissioner of health must report to the legislative committees having
4.7jurisdiction over health and kindergarten through grade 12 education any recommended
4.8changes to this section. The recommendations must be based on currently available scientific
4.9evidence regarding the effects of lead in drinking water.
4.10 EFFECTIVE DATE.This section is effective July 1, 2023.
4.11 Sec. 2. Minnesota Statutes 2022, section 123B.595, subdivision 1, is amended to read:
4.12 Subdivision 1.Long-term facilities maintenance revenue.(a) For fiscal year 2017
4.13only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193
4.14times the district's adjusted pupil units times the lesser of one or the ratio of the district's
4.15average building age to 35 years, plus the cost approved by the commissioner for indoor
4.16air quality, fire alarm and suppression, and asbestos abatement projects under section
4.17123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a
4.18school district with an approved voluntary prekindergarten program under section 124D.151,
4.19the cost approved by the commissioner for remodeling existing instructional space to
4.20accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would
4.21have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes
4.222014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school
4.23district with an approved voluntary prekindergarten program under section 124D.151, the
4.24cost approved by the commissioner for remodeling existing instructional space to
4.25accommodate prekindergarten instruction.
4.26 (b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the greater
4.27of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of one or
4.28the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
4.29commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
4.30projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
4.31per site, plus (iii) for a school district with an approved voluntary prekindergarten program
4.32under section 124D.151, the cost approved by the commissioner for remodeling existing
4.33instructional space to accommodate prekindergarten instruction, or (2) the sum of (i) the
4.34amount the district would have qualified for under Minnesota Statutes 2014, section 123B.57,
4Sec. 2.
S0579-1 1st EngrossmentSF579 REVISOR CM 5.1Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591,
5.2and (ii) for a school district with an approved voluntary prekindergarten program under
5.3section 124D.151, the cost approved by the commissioner for remodeling existing
5.4instructional space to accommodate prekindergarten instruction.
5.5 (c) (a) For fiscal year 2019 2024 and later, long-term facilities maintenance revenue
5.6equals the greater of:
5.7 (1) the sum of (i) $380 times the district's adjusted pupil units times the lesser of one or
5.8the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the
5.9commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement
5.10projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more
5.11per site, plus (iii) for a school district with an approved voluntary prekindergarten program
5.12under section 124D.151, the cost approved by the commissioner for remodeling existing
5.13instructional space to accommodate prekindergarten instruction, and (iv) the costs for
5.14remediation of lead in the school's drinking water, including the cost of filters; or
5.15 (2) the sum of (i) the amount the district would have qualified for under Minnesota
5.16Statutes 2014, section 123B.57, Minnesota Statutes 2014, section 123B.59, and Minnesota
5.17Statutes 2014, section 123B.591, and (ii) for a school district with an approved voluntary
5.18prekindergarten program under section 124D.151, the cost approved by the commissioner
5.19for remodeling existing instructional space to accommodate prekindergarten instruction.
5.20 (d) (b) Notwithstanding paragraphs paragraph (a), (b), and (c), a school district that
5.21qualified for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1,
5.22paragraph (a), for fiscal year 2010 remains eligible for funding under this section as a district
5.23that would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,
5.24subdivision 1, paragraph (a), for fiscal year 2017 and later.
5.25 EFFECTIVE DATE.This section is effective July 1, 2023.
5.26 Sec. 3. Minnesota Statutes 2022, section 123B.595, subdivision 2, is amended to read:
5.27 Subd. 2.Long-term facilities maintenance revenue for a charter school.(a) For fiscal
5.28year 2017 only, long-term facilities maintenance revenue for a charter school equals $34
5.29times the adjusted pupil units.
5.30 (b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter
5.31school equals $85 times the adjusted pupil units.
5.32 (c) For fiscal year 2019 2024 and later, long-term facilities maintenance revenue for a
5.33charter school equals the sum of $132 times the adjusted pupil units for that year, plus the
5Sec. 3.
S0579-1 1st EngrossmentSF579 REVISOR CM 6.1costs approved by the commissioner of health for remediation of lead in the school's drinking
6.2water, including the cost of filters.
6.3 EFFECTIVE DATE.This section is effective July 1, 2023.
6.4 Sec. 4. Minnesota Statutes 2022, section 123B.595, subdivision 7, is amended to read:
6.5 Subd. 7.Long-term facilities maintenance equalization revenue.(a) For fiscal year
6.62017 only, a district's long-term facilities maintenance equalization revenue equals the lesser
6.7of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.
6.8 (b) For fiscal year 2018 only, a district's long-term facilities maintenance equalization
6.9revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's
6.10revenue under subdivision 1.
6.11 (c) (a) For fiscal year 2019 2024 and later, a district's long-term facilities maintenance
6.12equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the
6.13district's revenue under subdivision 1.
6.14 (d) (b) Notwithstanding paragraphs paragraph (a) to (c), a district's long-term facilities
6.15maintenance equalization revenue must not be less than the lesser of the district's long-term
6.16facilities maintenance revenue or the amount of aid the district received for fiscal year 2015
6.17under Minnesota Statutes 2014, section 123B.59, subdivision 6.
6.18 EFFECTIVE DATE.This section is effective July 1, 2023.
6.19 Sec. 5. Minnesota Statutes 2022, section 123B.595, subdivision 8, is amended to read:
6.20 Subd. 8.Long-term facilities maintenance equalized levy.(a) For fiscal year 2017
6.21and later, A district's long-term facilities maintenance equalized levy equals the district's
6.22long-term facilities maintenance equalization revenue minus the greater of:
6.23 (1) the lesser of the district's long-term facilities maintenance equalization revenue or
6.24the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,
6.25section 123B.59, subdivision 6; or
6.26 (2) the district's long-term facilities maintenance equalization revenue times the greater
6.27of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit
6.28in the year preceding the year the levy is certified to 123 percent of the state average adjusted
6.29net tax capacity per adjusted pupil unit for all school districts in the year preceding the year
6.30the levy is certified.
6Sec. 5.
S0579-1 1st EngrossmentSF579 REVISOR CM 7.1 (b) For purposes of this subdivision, "adjusted net tax capacity" means the value described
7.2in section 126C.01, subdivision 2, paragraph (b).
7.3 EFFECTIVE DATE.This section is effective July 1, 2023.
7.4 Sec. 6. Minnesota Statutes 2022, section 123B.595, subdivision 8a, is amended to read:
7.5 Subd. 8a.Long-term facilities maintenance unequalized levy.For fiscal year 2017
7.6and later, A district's long-term facilities maintenance unequalized levy equals the difference
7.7between the district's revenue under subdivision 1 and the district's equalization revenue
7.8under subdivision 7.
7.9 EFFECTIVE DATE.This section is effective July 1, 2023.
7.10 Sec. 7. Minnesota Statutes 2022, section 123B.595, subdivision 9, is amended to read:
7.11 Subd. 9.Long-term facilities maintenance equalized aid.For fiscal year 2017 and
7.12later, A district's long-term facilities maintenance equalized aid equals its long-term facilities
7.13maintenance equalization revenue minus its long-term facilities maintenance equalized levy
7.14times the ratio of the actual equalized amount levied to the permitted equalized levy.
7.15 EFFECTIVE DATE.This section is effective July 1, 2023.
7.16 Sec. 8. APPROPRIATION.
7.17 Subdivision 1.Department of Education.The sums indicated in this section are
7.18appropriated from the general fund to the Department of Education in the fiscal years
7.19designated.
7.20 Subd. 2.Lead remediation.(a) For transfer to the commissioner of health for lead
7.21remediation activities:
2024.....263,0007.22 $
2025.....514,0007.23 $
7.24 (b) Of the amounts in paragraph (a), for fiscal year 2025, $200,000 is for grants to
7.25American Indian Tribal contract schools for lead remediation activities. A Tribal contract
7.26or grant school that receives revenue under Minnesota Statutes, section 124D.83, is eligible
7.27for a grant under this subdivision. Grants must be used to test drinking water for the presence
7.28of lead or to reduce or eliminate lead in the drinking water at the school site. An applicant
7.29for a grant must submit to the commissioner a plan to test for lead or the results of any
7.30testing performed in the previous five years and a description of how grant funds will be
7.31used.
7Sec. 8.
S0579-1 1st EngrossmentSF579 REVISOR CM 8.1 (c) The base for fiscal year 2026 and later is $514,000, of which $200,000 per year is
8.2for grants to American Indian Tribal contract schools for lead remediation activities.
8.3 Subd. 3.Additional long-term facilities maintenance revenue.(a) For additional
8.4long-term facilities maintenance aid under Minnesota Statutes, section 123B.595, subdivision
8.52, for the purposes of lead remediation:
2024.....1,530,0008.6 $
2025.....425,0008.7 $
8.8 (b) The 2024 appropriation includes $0 for 2023 and $1,530,000 for 2024.
8.9 (c) The 2025 appropriation includes $255,000 for 2024 and $170,000 for 2025.
8.10 EFFECTIVE DATE.This section is effective July 1, 2023.
8Sec. 8.
S0579-1 1st EngrossmentSF579 REVISOR CM