Text of MN HF 2925 (2023)

1.1 A bill for an act​ 1.2 relating to education finance; providing for gender-neutral, single-user restroom​ 1.3 and locker room facilities; appropriating money; amending Minnesota Statutes​ 1.4 2022, sections 123B.595, subdivisions 1, 2, 4, 7, 8, 8a, 9, 10, 11; 123B.71,​ 1.5 subdivision 9; 126C.10, subdivision 14.​ 1.6 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:​ 1.7 Section 1. Minnesota Statutes 2022, section 123B.595, subdivision 1, is amended to read:​ 1.8 Subdivision 1. Long-term facilities maintenance revenue. (a) For fiscal year 2017​ 1.9 only, long-term facilities maintenance revenue equals the greater of (1) the sum of (i) $193​ 1.10 times the district's adjusted pupil units times the lesser of one or the ratio of the district's​ 1.11 average building age to 35 years, plus the cost approved by the commissioner for indoor​ 1.12 air quality, fire alarm and suppression, and asbestos abatement projects under section​ 1.13 123B.57, subdivision 6, with an estimated cost of $100,000 or more per site, plus (ii) for a​ 1.14 school district with an approved voluntary prekindergarten program under section 124D.151,​ 1.15 the cost approved by the commissioner for remodeling existing instructional space to​ 1.16 accommodate prekindergarten instruction, or (2) the sum of (i) the amount the district would​ 1.17 have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota Statutes​ 1.18 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii) for a school​ 1.19 district with an approved voluntary prekindergarten program under section 124D.151, the​ 1.20 cost approved by the commissioner for remodeling existing instructional space to​ 1.21 accommodate prekindergarten instruction.​ 1.22 (b) For fiscal year 2018 only, long-term facilities maintenance revenue equals the greater​ 1.23 of (1) the sum of (i) $292 times the district's adjusted pupil units times the lesser of one or​ 1.24 the ratio of the district's average building age to 35 years, plus (ii) the cost approved by the​ 1​ Section 1.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ State of Minnesota​ This Document can be made available​ in alternative formats upon request​ HOUSE OF REPRESENTATIVES​ H. F. No. 2925​ NINETY-THIRD SESSION​ Authored by Kozlowski, Finke, Pryor, Youakim, Olson, L., and others​ 03/15/2023​ The bill was read for the first time and referred to the Committee on Education Finance​ 2.1 commissioner for indoor air quality, fire alarm and suppression, and asbestos abatement​ 2.2 projects under section 123B.57, subdivision 6, with an estimated cost of $100,000 or more​ 2.3 per site, plus (iii) for a school district with an approved voluntary prekindergarten program​ 2.4 under section 124D.151, the cost approved by the commissioner for remodeling existing​ 2.5 instructional space to accommodate prekindergarten instruction, or (2) the sum of (i) the​ 2.6 amount the district would have qualified for under Minnesota Statutes 2014, section 123B.57,​ 2.7 Minnesota Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591,​ 2.8 and (ii) for a school district with an approved voluntary prekindergarten program under​ 2.9 section 124D.151, the cost approved by the commissioner for remodeling existing​ 2.10 instructional space to accommodate prekindergarten instruction.​ 2.11 (c) (a) For fiscal year 2019 2025 and later, long-term facilities maintenance revenue​ 2.12 equals the greater of (1) the sum of (i) $380 times the district's adjusted pupil units times​ 2.13 the lesser of one or the ratio of the district's average building age to 35 years, plus (ii) the​ 2.14 cost approved by the commissioner for indoor air quality, fire alarm and suppression, and​ 2.15 asbestos abatement projects under section 123B.57, subdivision 6, with an estimated cost​ 2.16 of $100,000 or more per site, plus (iii) the cost of remodeling an existing restroom or​ 2.17 constructing a gender-neutral single-user restroom for each school site in the district, plus​ 2.18 (iv) for a school district with an approved voluntary prekindergarten program under section​ 2.19 124D.151, the cost approved by the commissioner for remodeling existing instructional​ 2.20 space to accommodate prekindergarten instruction, or (2) the sum of (i) the amount the​ 2.21 district would have qualified for under Minnesota Statutes 2014, section 123B.57, Minnesota​ 2.22 Statutes 2014, section 123B.59, and Minnesota Statutes 2014, section 123B.591, and (ii)​ 2.23 for a school district with an approved voluntary prekindergarten program under section​ 2.24 124D.151, the cost approved by the commissioner for remodeling existing instructional​ 2.25 space to accommodate prekindergarten instruction.​ 2.26 (d) (b) Notwithstanding paragraphs paragraph (a), (b), and (c), a school district that​ 2.27 qualified for eligibility under Minnesota Statutes 2014, section 123B.59, subdivision 1,​ 2.28 paragraph (a), for fiscal year 2010 remains eligible for funding under this section as a district​ 2.29 that would have qualified for eligibility under Minnesota Statutes 2014, section 123B.59,​ 2.30 subdivision 1, paragraph (a), for fiscal year 2017 and later.​ 2.31 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 2​ Section 1.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 3.1 Sec. 2. Minnesota Statutes 2022, section 123B.595, subdivision 2, is amended to read:​ 3.2 Subd. 2. Long-term facilities maintenance revenue for a charter school. (a) For fiscal​ 3.3 year 2017 only, long-term facilities maintenance revenue for a charter school equals $34​ 3.4 times the adjusted pupil units.​ 3.5 (b) For fiscal year 2018 only, long-term facilities maintenance revenue for a charter​ 3.6 school equals $85 times the adjusted pupil units.​ 3.7 (c) For fiscal year 2019 and later, long-term facilities maintenance revenue for a charter​ 3.8 school equals $132 times the adjusted pupil units.​ 3.9 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 3.10 Sec. 3. Minnesota Statutes 2022, section 123B.595, subdivision 4, is amended to read:​ 3.11 Subd. 4. Facilities plans. (a) To qualify for revenue under this section, a school district​ 3.12 or intermediate district, not including a charter school, must have a ten-year facility plan​ 3.13 adopted by the school board and approved by the commissioner. The plan must include​ 3.14 provisions for implementing a health and safety program that complies with health, safety,​ 3.15 and environmental regulations and best practices, including indoor air quality management​ 3.16 and remediation of lead hazards. The plan must also include provisions for providing a​ 3.17 gender-neutral single-user restroom at each school site.​ 3.18 (b) The district must annually update the plan, submit the plan to the commissioner for​ 3.19 approval by July 31, and indicate whether the district will issue bonds to finance the plan​ 3.20 or levy for the costs.​ 3.21 (c) For school districts issuing bonds to finance the plan, the plan must include a debt​ 3.22 service schedule demonstrating that the debt service revenue required to pay the principal​ 3.23 and interest on the bonds each year will not exceed the projected long-term facilities revenue​ 3.24 for that year.​ 3.25 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 3.26 Sec. 4. Minnesota Statutes 2022, section 123B.595, subdivision 7, is amended to read:​ 3.27 Subd. 7. Long-term facilities maintenance equalization revenue. (a) For fiscal year​ 3.28 2017 only, a district's long-term facilities maintenance equalization revenue equals the lesser​ 3.29 of (1) $193 times the adjusted pupil units or (2) the district's revenue under subdivision 1.​ 3​ Sec. 4.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 4.1 (b) For fiscal year 2018 only, a district's long-term facilities maintenance equalization​ 4.2 revenue equals the lesser of (1) $292 times the adjusted pupil units or (2) the district's​ 4.3 revenue under subdivision 1.​ 4.4 (c) For fiscal year 2019 and later, (a) A district's long-term facilities maintenance​ 4.5 equalization revenue equals the lesser of (1) $380 times the adjusted pupil units or (2) the​ 4.6 district's revenue under subdivision 1.​ 4.7 (d) (b) Notwithstanding paragraphs paragraph (a) to (c), a district's long-term facilities​ 4.8 maintenance equalization revenue must not be less than the lesser of the district's long-term​ 4.9 facilities maintenance revenue or the amount of aid the district received for fiscal year 2015​ 4.10 under section 123B.59, subdivision 6.​ 4.11 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 4.12 Sec. 5. Minnesota Statutes 2022, section 123B.595, subdivision 8, is amended to read:​ 4.13 Subd. 8. Long-term facilities maintenance equalized levy. (a) For fiscal year 2017​ 4.14 and later, A district's long-term facilities maintenance equalized levy equals the district's​ 4.15 long-term facilities maintenance equalization revenue minus the greater of:​ 4.16 (1) the lesser of the district's long-term facilities maintenance equalization revenue or​ 4.17 the amount of aid the district received for fiscal year 2015 under Minnesota Statutes 2014,​ 4.18 section 123B.59, subdivision 6; or​ 4.19 (2) the district's long-term facilities maintenance equalization revenue times the greater​ 4.20 of (i) zero or (ii) one minus the ratio of its adjusted net tax capacity per adjusted pupil unit​ 4.21 in the year preceding the year the levy is certified to 123 percent of the state average adjusted​ 4.22 net tax capacity per adjusted pupil unit for all school districts in the year preceding the year​ 4.23 the levy is certified.​ 4.24 (b) For purposes of this subdivision, "adjusted net tax capacity" means the value described​ 4.25 in section 126C.01, subdivision 2, paragraph (b).​ 4.26 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 4.27 Sec. 6. Minnesota Statutes 2022, section 123B.595, subdivision 8a, is amended to read:​ 4.28 Subd. 8a. Long-term facilities maintenance unequalized levy. For fiscal year 2017​ 4.29 and later, A district's long-term facilities maintenance unequalized levy equals the difference​ 4.30 between the district's revenue under subdivision 1 and the district's equalization revenue​ 4.31 under subdivision 7.​ 4​ Sec. 6.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 5.1 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 5.2 Sec. 7. Minnesota Statutes 2022, section 123B.595, subdivision 9, is amended to read:​ 5.3 Subd. 9. Long-term facilities maintenance equalized aid. For fiscal year 2017 and​ 5.4 later, A district's long-term facilities maintenance equalized aid equals its long-term facilities​ 5.5 maintenance equalization revenue minus its long-term facilities maintenance equalized levy​ 5.6 times the ratio of the actual equalized amount levied to the permitted equalized levy.​ 5.7 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 5.8 Sec. 8. Minnesota Statutes 2022, section 123B.595, subdivision 10, is amended to read:​ 5.9 Subd. 10. Allowed uses for long-term facilities maintenance revenue. (a) A district​ 5.10 may use revenue under this section for any of the following:​ 5.11 (1) deferred capital expenditures and maintenance projects necessary to prevent further​ 5.12 erosion of facilities;​ 5.13 (2) increasing accessibility of school facilities;​ 5.14 (3) health and safety capital projects under section 123B.57; or​ 5.15 (4) remodeling or constructing a gender-neutral single-user restroom at each school site;​ 5.16 or​ 5.17 (4) (5) by board resolution, to transfer money from the general fund reserve for long-term​ 5.18 facilities maintenance to the debt redemption fund to pay the amounts needed to meet, when​ 5.19 due, principal and interest on general obligation bonds issued under subdivision 5.​ 5.20 (b) A charter school may use revenue under this section for any purpose related to the​ 5.21 school.​ 5.22 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 5.23 Sec. 9. Minnesota Statutes 2022, section 123B.595, subdivision 11, is amended to read:​ 5.24 Subd. 11. Restrictions on long-term facilities maintenance revenue. Notwithstanding​ 5.25 subdivision 10, long-term facilities maintenance revenue may not be used:​ 5.26 (1) for the construction of new facilities, remodeling of existing facilities, or the purchase​ 5.27 of portable classrooms, except for the costs associated with constructing or remodeling​ 5.28 existing facilities to include at least one gender-neutral single-user restroom authorized​ 5.29 under subdivision 10;​ 5​ Sec. 9.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 6.1 (2) to finance a lease purchase agreement, installment purchase agreement, or other​ 6.2 deferred payments agreement;​ 6.3 (3) for energy-efficiency projects under section 123B.65, for a building or property or​ 6.4 part of a building or property used for postsecondary instruction or administration, or for a​ 6.5 purpose unrelated to elementary and secondary education; or​ 6.6 (4) for violence prevention and facility security, ergonomics, or emergency​ 6.7 communication devices.​ 6.8 EFFECTIVE DATE. This section is effective for revenue for fiscal year 2025 and later.​ 6.9 Sec. 10. Minnesota Statutes 2022, section 123B.71, subdivision 9, is amended to read:​ 6.10 Subd. 9. Information required. A school board proposing to construct, expand, or​ 6.11 remodel a facility that requires a review and comment under subdivision 8 shall submit to​ 6.12 the commissioner a proposal containing information including at least the following:​ 6.13 (1) the geographic area and population to be served, preschool through grade 12 student​ 6.14 enrollments for the past five years, and student enrollment projections for the next five​ 6.15 years;​ 6.16 (2) a list of existing facilities by year constructed, their uses, and an assessment of the​ 6.17 extent to which alternate facilities are available within the school district boundaries and in​ 6.18 adjacent school districts;​ 6.19 (3) a list of the specific deficiencies of the facility that demonstrate the need for a new​ 6.20 or renovated facility to be provided, the process used to determine the deficiencies, a list​ 6.21 of those deficiencies that will and will not be addressed by the proposed project, and a list​ 6.22 of the specific benefits that the new or renovated facility will provide to the students, teachers,​ 6.23 and community users served by the facility;​ 6.24 (4) a description of the project, including the specification of site and outdoor space​ 6.25 acreage and square footage allocations for classrooms, laboratories, and support spaces;​ 6.26 estimated expenditures for the major portions of the project; and the dates the project will​ 6.27 begin and be completed;​ 6.28 (5) a description of the project's plans for gender-neutral single-user restrooms, locker​ 6.29 room privacy stalls, or other spaces with privacy features, including single-user shower​ 6.30 stalls, changing stalls, or other single-user facilities;​ 6.31 (5) (6) a specification of the source of financing the project, including applicable statutory​ 6.32 citations; the scheduled date for a bond issue or school board action; a schedule of payments,​ 6​ Sec. 10.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 7.1 including debt service equalization aid; and the effect of a bond issue on local property​ 7.2 taxes by the property class and valuation; and​ 7.3 (6) (7) documents obligating the school district and contractors to comply with items​ 7.4 (i) to (vii) in planning and executing the project:​ 7.5 (i) section 471.345 governing municipal contracts;​ 7.6 (ii) sustainable design;​ 7.7 (iii) school facility commissioning under section 123B.72 certifying the plans and designs​ 7.8 for the heating, ventilating, air conditioning, and air filtration for an extensively renovated​ 7.9 or new facility meet or exceed current code standards, including the ASHRAE air filtration​ 7.10 standard 52.1;​ 7.11 (iv) American National Standards Institute Acoustical Performance Criteria, Design​ 7.12 Requirements and Guidelines for Schools on maximum background noise level and​ 7.13 reverberation times;​ 7.14 (v) State Fire Code;​ 7.15 (vi) chapter 326B governing building codes; and​ 7.16 (vii) consultation with affected government units about the impact of the project on​ 7.17 utilities, roads, sewers, sidewalks, retention ponds, school bus and automobile traffic, access​ 7.18 to mass transit, and safe access for pedestrians and cyclists.​ 7.19 EFFECTIVE DATE. This section is effective for review and comments submitted on​ 7.20 or after July 1, 2023.​ 7.21 Sec. 11. Minnesota Statutes 2022, section 126C.10, subdivision 14, is amended to read:​ 7.22 Subd. 14. Uses of total operating capital revenue. Total operating capital revenue may​ 7.23 be used only for the following purposes:​ 7.24 (1) to acquire land for school purposes;​ 7.25 (2) to acquire or construct buildings for school purposes;​ 7.26 (3) to rent or lease buildings, including the costs of building repair or improvement that​ 7.27 are part of a lease agreement;​ 7.28 (4) to improve and repair school sites and buildings, and equip or reequip school buildings​ 7.29 with permanent attached fixtures, including library media centers and gender-neutral​ 7.30 single-user restrooms, locker room privacy stalls, or other spaces with privacy features,​ 7.31 including single-user shower stalls, changing stalls, or other single-user facilities;​ 7​ Sec. 11.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 8.1 (5) for a surplus school building that is used substantially for a public nonschool purpose;​ 8.2 (6) to eliminate barriers or increase access to school buildings by individuals with a​ 8.3 disability;​ 8.4 (7) to bring school buildings into compliance with the State Fire Code adopted according​ 8.5 to chapter 299F;​ 8.6 (8) to remove asbestos from school buildings, encapsulate asbestos, or make​ 8.7 asbestos-related repairs;​ 8.8 (9) to clean up and dispose of polychlorinated biphenyls found in school buildings;​ 8.9 (10) to clean up, remove, dispose of, and make repairs related to storing heating fuel or​ 8.10 transportation fuels such as alcohol, gasoline, fuel oil, and special fuel, as defined in section​ 8.11 296A.01;​ 8.12 (11) for energy audits for school buildings and to modify buildings if the audit indicates​ 8.13 the cost of the modification can be recovered within ten years;​ 8.14 (12) to improve buildings that are leased according to section 123B.51, subdivision 4;​ 8.15 (13) to pay special assessments levied against school property but not to pay assessments​ 8.16 for service charges;​ 8.17 (14) to pay principal and interest on state loans for energy conservation according to​ 8.18 section 216C.37 or loans made under the Douglas J. Johnson Economic Protection Trust​ 8.19 Fund Act according to sections 298.292 to 298.298;​ 8.20 (15) to purchase or lease interactive telecommunications equipment;​ 8.21 (16) by board resolution, to transfer money into the debt redemption fund to: (i) pay the​ 8.22 amounts needed to meet, when due, principal and interest payments on certain obligations​ 8.23 issued according to chapter 475; or (ii) pay principal and interest on debt service loans or​ 8.24 capital loans according to section 126C.70;​ 8.25 (17) to pay operating capital-related assessments of any entity formed under a cooperative​ 8.26 agreement between two or more districts;​ 8.27 (18) to purchase or lease computers and related hardware, software, and annual licensing​ 8.28 fees, copying machines, telecommunications equipment, and other noninstructional​ 8.29 equipment;​ 8.30 (19) to purchase or lease assistive technology or equipment for instructional programs;​ 8.31 (20) to purchase textbooks as defined in section 123B.41, subdivision 2;​ 8​ Sec. 11.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 9.1 (21) to purchase new and replacement library media resources or technology;​ 9.2 (22) to lease or purchase vehicles;​ 9.3 (23) to purchase or lease telecommunications equipment, computers, and related​ 9.4 equipment for integrated information management systems for:​ 9.5 (i) managing and reporting learner outcome information for all students under a​ 9.6 results-oriented graduation rule;​ 9.7 (ii) managing student assessment, services, and achievement information required for​ 9.8 students with individualized education programs; and​ 9.9 (iii) other classroom information management needs;​ 9.10 (24) to pay personnel costs directly related to the acquisition, operation, and maintenance​ 9.11 of telecommunications systems, computers, related equipment, and network and applications​ 9.12 software; and​ 9.13 (25) to pay the costs directly associated with closing a school facility, including moving​ 9.14 and storage costs.​ 9.15 EFFECTIVE DATE. This section is effective for fiscal year 2024 and later.​ 9.16 Sec. 12. APPROPRIATION; GENDER-NEUTRAL SINGLE-USER RESTROOMS.​ 9.17 Subdivision 1. Department of Education. The sums indicated in this section are​ 9.18 appropriated from the general fund to the Department of Education in the fiscal years​ 9.19 designated.​ 9.20 Subd. 2. Grants for gender-neutral single-user restrooms. (a) For grants to school​ 9.21 districts for remodeling, constructing, or repurposing space for gender-neutral single-user​ 9.22 restrooms:​ 2024​ .....​ .......​ 9.23 $​ 2025​ .....​ .......​ 9.24 $​ 9.25 (b) A school district or a cooperative unit under Minnesota Statutes, section 123A.24,​ 9.26 subdivision 2, may apply for a grant of not more than $50,000 per site under this subdivision​ 9.27 in the form and manner specified by the commissioner.​ 9.28 (c) The commissioner must ensure that grants are awarded to schools to reflect the​ 9.29 geographic diversity of the state.​ 9.30 (d) By February 1 of each year, the commissioner must annually report to the committees​ 9.31 of the legislature with jurisdiction over education issues on the number of grants that were​ 9​ Sec. 12.​ REVISOR CM/AK 23-04454​ 03/06/23 ​ 10.1 awarded each year and the number of grant applications that were unfunded during that​ 10.2 year.​ 10​ Sec. 12.​ REVISOR CM/AK 23-04454​ 03/06/23 ​