1.1.................... moves to amend the first committee engrossment to H.F. No. 3512
1.2as follows:
1.3Delete everything after the enacting clause and insert:

1.4    "Section 1. [144.1223] ENCLOSED SPORTS ARENAS.
1.5    Subdivision 1. Indoor air quality; responsibility. The commissioner of health
1.6shall be responsible for the adoption of rules and enforcement of applicable laws and rules
1.7relating to indoor air quality in the operation and maintenance of enclosed sports arenas.
1.8    Subd. 2. Indoor ice arenas; license required. (a) After March 1, 2011, an indoor
1.9ice arena may not operate without a valid license issued by the commissioner. An indoor
1.10ice arena license must be renewed annually. An application for a new or renewed indoor
1.11ice arena license must be accompanied by a fee as follows:
1.12(1) $200 for an indoor ice arena that does not use either ice resurfacing or ice edging
1.13equipment that is exclusively powered by electricity;
1.14(2) $100 for an indoor ice arena that uses either ice resurfacing or ice edging
1.15equipment that is exclusively powered by electricity; and
1.16(3) $50 for an indoor ice arena that uses both ice resurfacing and ice edging
1.17equipment that is exclusively powered by electricity.
1.18(b) An application for a license under this section shall be made on a form developed
1.19by the commissioner that includes, at a minimum, the following information:
1.20(1) for each piece of ice resurfacing and ice edging equipment operated at the
1.21facility, the brand, model number and year of manufacture;
1.22(2) the name of the trained operator designated under subdivision 3; and
1.23(3) documentation from a qualified technician establishing that the ice resurfacing
1.24equipment was properly tuned and tested for carbon monoxide, nitrogen dioxide, and
1.25hydrocarbon emissions, as applicable, during the previous year and were found to meet
1.26the manufacturer's specifications for those emissions.
2.1(c) The commissioner may revoke a license issued under this subdivision for
2.2violations of subdivisions 2 to 4.
2.3(d) An indoor ice arena regulatory account is established in the special revenue
2.4fund. The commissioner of health shall deposit all revenues from licenses issued under
2.5this subdivision in the indoor ice arena regulatory account. All money in the account is
2.6annually appropriated from the indoor ice arena regulatory account to the commissioner of
2.7health for the purpose of administering the statutes and rules governing indoor ice arenas.
2.8(e) For the purposes of sections 1 to 4, "indoor ice arena" means any building with a
2.9roof and a majority of the sides closed which contains an ice rink.
2.10    Subd. 3. Indoor ice arenas; operator training and certificate. (a) After March
2.111, 2011, no indoor ice arena may operate without a trained indoor ice arena operator,
2.12designated by the owner or operator of the indoor ice arena, who holds a valid indoor ice
2.13arena certificate issued by the commissioner of health. A trained indoor ice arena operator
2.14must be present or available on-call whenever the indoor ice arena is open for use and is
2.15responsible for direct operation of the indoor ice arena, for compliance with subdivision 4,
2.16and for meeting and maintaining indoor air quality standards.
2.17(b) The commissioner of health shall issue an indoor ice arena operator certificate
2.18to a person who has completed a course of training approved by the commissioner that
2.19addresses issues regarding air quality in indoor ice arenas, and may include:
2.20(1) proper maintenance of equipment to minimize potential emissions of carbon
2.21monoxide and nitrogen dioxide;
2.22(2) proper maintenance and operation of ventilation equipment to comply with state
2.23limits on levels of carbon monoxide and nitrogen dioxide in indoor ice arenas;
2.24(3) proper calibration, accuracy testing, maintenance, and operation of equipment to
2.25measure the levels of carbon monoxide and nitrogen dioxide in indoor ice arenas;
2.26(4) Minnesota Rules pertaining to air quality in indoor ice arenas; and
2.27(5) recognition of the signs of exposure to elevated levels of carbon monoxide.
2.28The commissioner of health shall consult with the Minnesota Ice Arena Managers'
2.29Association, the League of Minnesota Cities, and school districts to continually revise and
2.30update the content of ice arena operator training.
2.31(c) To maintain the validity of an ice arena operator certificate, an ice arena operator
2.32must attend a course of training approved by the commissioner every three years.
2.33    Subd. 4. Indoor ice arenas; required equipment. (a) After March 1, 2011, an
2.34indoor ice arena may allow public entry by skaters or spectators after a device powered by
2.35an internal combustion engine, other than ice resurfacing equipment, has been operated in
3.1the indoor ice arena, only after a test of indoor air quality determines that all applicable
3.2indoor air quality standards have been met.
3.3(b) After January 1, 2015, an indoor ice arena operating in this state must:
3.4(1) use ice resurfacing and ice edging equipment that is exclusively powered by
3.5electricity; or
3.6(2) contain an operational and properly calibrated electronic indoor air monitoring
3.7device that continuously monitors and records the concentration of carbon monoxide and
3.8nitrogen dioxide in the air inside the ice arena. An indoor ice arena may contract with
3.9a qualified entity to properly calibrate and maintain the operation and accuracy of an
3.10electronic indoor air monitoring and recording device.
3.11(c) By December 1, 2014, an indoor ice arena operator must notify the commissioner
3.12of health in writing whether the indoor ice arena has elected to comply with clause (1) or
3.13clause (2) of paragraph (b).
3.14(d) A waiver from the requirements of this subdivision is granted to an indoor ice
3.15arena that demonstrates to the satisfaction of the Department of Health that the capacity of
3.16its air handling system is sufficient in relation to the airspace within the arena to make
3.17the risk of failing to meet applicable air quality standards insignificant. The Department
3.18of Health may set conditions, including air quality testing protocols, on exemptions
3.19granted under this subdivision.
3.20EFFECTIVE DATE.This section is effective the day following final enactment.

3.21    Sec. 2. Minnesota Statutes 2008, section 240A.09, is amended to read:
3.22240A.09 PLAN DEVELOPMENT; CRITERIA.
3.23The Minnesota Amateur Sports Commission shall develop a plan to promote the
3.24development of proposals for new statewide public ice facilities including proposals for
3.25ice centers and matching grants based on the criteria in this section.
3.26(a) For ice center proposals, the commission will give priority to proposals that
3.27come from more than one local government unit. Institutions of higher education are not
3.28eligible to receive a grant.
3.29(b) In the metropolitan area as defined in section 473.121, subdivision 2, the
3.30commission is encouraged to give priority to the following proposals:
3.31(1) proposals for renovation and indoor air quality improvements at an existing
3.32indoor ice arena;
3.33(2) proposals for construction of two or more ice sheets in a single new facility;
4.1(2) (3) proposals for construction of an additional sheet of ice at an existing ice
4.2center;
4.3(3) (4) proposals for construction of a new, single sheet of ice as part of a sports
4.4complex with multiple sports facilities; and
4.5(4) (5) proposals for construction of a new, single sheet of ice that will be expanded
4.6to a two-sheet facility in the future.
4.7(c) The commission shall administer a site selection process for the ice centers. The
4.8commission shall invite proposals from cities or counties or consortia of cities. A proposal
4.9for an ice center must include matching contributions including in-kind contributions of
4.10land, access roadways and access roadway improvements, and necessary utility services,
4.11landscaping, and parking.
4.12(d) Proposals for ice centers and matching grants must provide for meeting the
4.13demand for ice time for female groups by offering up to 50 percent of prime ice time, as
4.14needed, to female groups. For purposes of this section, prime ice time means the hours
4.15of 4:00 p.m. to 10:00 p.m. Monday to Friday and 9:00 a.m. to 8:00 p.m. on Saturdays
4.16and Sundays.
4.17(e) The location for all proposed facilities must be in areas of maximum
4.18demonstrated interest and must maximize accessibility to an arterial highway.
4.19(f) To the extent possible, all proposed facilities must be dispersed equitably, must
4.20be located to maximize potential for full utilization and profitable operation, and must
4.21accommodate noncompetitive family and community skating for all ages.
4.22(g) The commission may also use the money to upgrade current facilities, purchase
4.23girls' ice time, or conduct amateur women's hockey and other ice sport tournaments.
4.24(h) To the extent possible, 50 percent of all grants must be awarded to communities
4.25in greater Minnesota.
4.26(i) To the extent possible, technical assistance shall be provided to Minnesota
4.27communities by the commission on ice arena planning, design, redesign, renovation of air
4.28handling systems, and operation, including the marketing of ice time.
4.29(j) A grant for new facilities may not exceed $250,000.
4.30(k) The commission may make grants for rehabilitation and renovation. A
4.31rehabilitation or renovation grant may not exceed $100,000 $200,000. Priority must be
4.32given to grant applications for indoor air quality improvements, including zero emission
4.33ice resurfacing equipment and upgrading ventilation systems that include electronic
4.34indoor air monitoring and recording devices. After January 1, 2013, no grant may be
4.35made under this paragraph unless the application includes capital expenditures for indoor
4.36air quality improvements that will enable the facility to comply with the requirements
5.1of section 144.1223, subdivision 4, and any associated rules, or the applicant provides
5.2documentation from the commissioner of health that the facility is in compliance with
5.3those requirements at the time of application and will continue to be in compliance after
5.4the rehabilitation or renovation is completed. The provisions of this paragraph also apply
5.5to grants made to upgrade current facilities under paragraph (g).
5.6(l) Grant money may be used for ice centers designed for sports other than hockey.
5.7(m) Grant money may be used to upgrade existing facilities to comply with the
5.8bleacher safety requirements of section 326B.112.
5.9EFFECTIVE DATE.This section is effective the day following final enactment.

5.10    Sec. 3. PILOT PROJECT.
5.11By July 1, 2012, the commissioner of health must, in consultation with indoor ice
5.12arena operators, vendors of indoor air quality monitors, and the Minnesota Ice Arena
5.13Managers Association, begin to identify and evaluate electronic indoor air monitoring
5.14devices to determine those that meet the requirements of this section and are approved
5.15for use in Minnesota. For each approved monitor, the department must recommend a
5.16calibration schedule and must specify where the monitor must be located in an indoor ice
5.17arena in order to be effective. By September 1, 2013, the commissioner shall submit
5.18a report to the Minnesota Amateur Sports Commission and to the chairs and ranking
5.19minority members of the senate and house of representatives committees with primary
5.20jurisdiction over public health policy and financing and cultural and outdoor resources
5.21financing containing information on the evaluation results, a list of approved electronic
5.22indoor air monitoring devices, and operational recommendations.

5.23    Sec. 4. INDOOR ICE ARENAS; RULEMAKING.
5.24The Department of Health must incorporate the following items into its current
5.25rulemaking governing air quality in indoor ice arenas:
5.26(1) standards limiting the concentration of carbon monoxide and nitrogen dioxide
5.27must address both acute and chronic exposure, must include a one-hour and eight-hour
5.28limit, and must be reviewed every five years;
5.29(2) recorded monitoring data from electronic indoor air monitoring devices must be
5.30available to the Department of Health upon request;
5.31(3) requirements for indoor ice arenas that elect to be governed under section
5.32144.1223, subdivision 4, paragraph (b), clause (2), to take specified corrective measures
5.33to protect public health in response to elevated concentration levels of carbon monoxide
5.34and nitrogen dioxide, as determined by the Department of Health, including operating
6.1ventilation equipment at increased levels or more frequently, evacuating the arena, and
6.2establishing conditions for re-occupancy of the arena; and
6.3(4) a requirement that by August 1, 2012, and each year thereafter, the Department
6.4of Health must submit a report to the chairs and ranking minority members of the senate
6.5and house of representatives committees with primary jurisdiction over public health that
6.6contains the following information with respect to indoor air quality in ice arenas for
6.7each of the preceding three calendar years:
6.8(i) a list of on-site inspections of ice arenas made by the department, including the
6.9date of each inspection;
6.10(ii) the list of violations of indoor air quality standards, reporting requirements, or
6.11other requirements of Minnesota Rules, chapter 4620, by ice arenas;
6.12(iii) a list of enforcement actions taken against violators listed in item (ii), or any
6.13other actions taken to return violators to compliance;
6.14(iv) the number of certificates of approval the commissioner of health refused to issue
6.15due to insufficient documentation of maintenance of acceptable air quality conditions;
6.16(v) the number of certificates of approval suspended, revoked, or reinstated by the
6.17commissioner due to violations of air quality rules; and
6.18(vi) the number of variances to air quality rules granted to ice arenas by the
6.19commissioner of health.
6.20The department must also post the information in items (i) to (vi) on its Web site.
6.21EFFECTIVE DATE.This section is effective the day following final enactment.

6.22    Sec. 5. REVISOR'S INSTRUCTION.
6.23The revisor of statutes shall strike "ENCLOSED SPORTS ARENAS" from the
6.24headnote to Minnesota Statutes, 2008, section 144.1222.

6.25    Sec. 6. REPEALER.
6.26Minnesota Statutes 2008, section 144.1222, subdivision 3, is repealed."
6.27Amend the title accordingly