Model
Legislation
Indoor Air Quality in Schools Act
Summary of Core & Optional Provisions
CORE PROVISIONS
Section 1. Title
Section 2. Findings
Section 3. Definitions
Section 4. IAQ
in Schools Management Plan
Section 5. Training
for School Personnel
Section 6. IAQ
Information for Students, Parents & School Employees
Section 7. New
School Construction & School Renovation
Section 8. IAQ
Task Force
Section 9. IAQ
in Schools Report
Section 10.
No Smoking Policy
Section 11.
Enforcement
Section 12.
Effective Date
OPTIONAL
PROVISIONS
Section # IAQ
Ombudsperson
Section # Relationship
to Other Health & Safety Provisions
Section # Appropriations
Section 3. Definitions
Indoor
Air Quality in Schools Act
Section 1.
Title
may be cited as the “Indoor Air Quality in Schools Act of 1999”.
Section 2.
Findings
finds that:
(1)
The quality of indoor air in schools can either impede or
assist schools in meeting their core mission–educating
students;
(2)
Failure to prevent or quickly resolve indoor air quality
problems in schools can:
(i)
increase the potential for long term and short term
health problems;
(ii)
reduce productivity for students, faculty and staff;
(iii)
strain relationships among school administrators, parents,
faculty, and staff;
(iv)
create potential liability problems.
(3)
Poor indoor air quality is often caused by heating, ventilating,
and air conditioning (HVAC) equipment that is improperly
maintained and operated. Failure to correct these conditions
can result in reduced operating efficiency and higher energy
consumption for the HVAC equipment, as well as poor indoor
air quality.
(4)
A U.S. Government Accounting Office report found that over
half of U.S. schools had problems which adversely affect
indoor air quality;
(5)
A U.S. Environmental Protection Agency investigation found
inadequate ventilation in most of the schools studied; and
(6)
Nearly one in five schools has at least one room with radon
above the EPA recommended action level of 4 picocuries per
liter.
Section 3.
Definitions
purposes of this Act, the term
(1)
“school” means any school in the state providing for the
education of students in grades kindergarten through twelfth
grade.
(2)
“U.S. Environmental Protection Agency’s IAQ Tools for Schools
documents” means the materials contained in the 1995 (or
latest) edition, including, but not limited to, the IAQ
Coordinator’s Guide, IAQ Coordinator’s Forms, IAQ Backgrounder,
IAQ Checklists, IAQ Problem Solving Wheel and IAQ Tools
for Schools-Ventilation Basics Video.
Section 4.
IAQ in Schools Management Plan
(a) Within
one year of enactment, the state shall develop an Indoor Air
Quality (IAQ) in Schools Management Plan.
(b) Within
two years of enactment, every school in the state shall be required
to comply with the IAQ in Schools Management Plan.
(c)
The Plan shall be developed by the state department of education
in conjunction with the state departments of public health and
environmental protection and in consultation with the IAQ in
Schools Task Force established under section 8.
(d)
The Plan shall, at a minimum, require schools to meet the guidelines
established as part of the U.S. Environmental Protection Agency’s
IAQ Tools for Schools documents.
Section 5.
Training for School Personnel
(a) The
department of education, in consultation with the departments
of public health and environmental protection, shall devise
a plan and schedule for the implementation of the training recommendations
made by the IAQ in Schools Task Force (section 8 (d)(3).
(b) All
relevant school personnel, as identified by the Task Force,
shall receive initial IAQ training within three years of the
effective date of this act.
Section 6.
IAQ Information for Students, Parents & School Employees
(a) Within
one year of enactment, students, parents and school employees
shall receive from the department of education information developed
in consultation with the departments of public health and environmental
protection and the IAQ in Schools Task Force (optional: and
the IAQ in Schools Ombudsperson), regarding indoor air quality
in schools, generally, and the state’s plans to improve IAQ
in schools.
(b) As school-specific
IAQ information (including test results) is developed, the school
district, school principal, (optional: the IAQ in Schools Ombudsperson),
or others, in conjunction with the department of education and
the department of the environment, shall make this information
available in writing to students, parents and school employees.
Section 7.
New School Construction & School Renovation
(a) All
contracts for architectural and engineering design services
for new school construction and for school renovation costing
over $5000 must include provisions to assure that:
(1)
the design of the new building, addition, or renovation
facilitates good indoor air quality for the occupants of
all spaces affected by the design; and
(2)
the design of the new building, addition, or renovation
facilitates operation and maintenance of the spaces affected
by the design in such a manner that promotes good indoor
air quality.
(b) Prior
to the approval of construction contracts for new building,
addition, or renovation projects costing over $5000, the local
education authority shall determine that the construction plan
and schedule appropriately consider and address:
indoor air quality concerns during the construction process;
(2)
the need to transfer from the design and construction teams
to operations and maintenance personnel important information
on the proper operation and maintenance of the building
and its systems so as to foster good indoor air quality;
and
(3)
the proper indoor air quality commissioning procedures prior
to occupancy of the spaces affected by the project.
(c) Authorities
responsible for reviewing architectural and engineering drawings
and specifications for the purpose of issuing building permits
shall determine, prior to issuing the necessary building permits,
that the design of the new building, addition, or renovation
facilitates good indoor air quality for the occupants of the
spaces affected by the design.
Section 8.
IAQ in Schools Task Force
(a) An Indoor
Air Quality (IAQ) in Schools Task Force, consisting of 13 members,
is established.
(b) Members
of the Task Force shall be appointed by the Secretary (Commissioner,
Chair, or other appropriate title) of Education and shall include:
representative of the state health department;
(2) a
representative of the state environment department;
(3) a
representative of the state education department;
(4) a
representative of the state school board association;
(5) a
legislator representing the state assembly (house or lower
legislative body);
(6) a
legislator representing the state senate;
(7) a
representative of a non-profit public health organization;
(8) a
representative of a parent association;
(9) a
representative of a teacher association or union;
(10) a
state licensed architect or engineer actively engaged in the
practice of school design and construction; and
(11) three
public members, two of whom shall have expertise in indoor
air quality .
Force shall elect a Chair from its members. The Secretary (Commissioner,
Chair, or other appropriate title) of Education shall call the first
Task Force meeting. Subsequent meetings of the Task Force shall
be at the call of the Chair but shall occur no less than three times
per year.
(d) Duties
of the Task Force shall be to:
(1) advise
the departments of education, public health, and environmental
protection in the development of the IAQ in Schools Management
Plan;
(2) recommend
educational materials for distribution to students, parents,
and teachers on indoor air quality in schools and develop
guidelines for the dissemination of indoor air quality test
results and information to students, parents and teachers;
and
(3) recommend
training requirements for school maintenance and other employees.
(4) identify
interim changes that can be readily implemented by school
officials to improve indoor air quality in schools pending
full compliance with the Indoor Air Quality in Schools Management
Plan.
(5) identify
the need for additional resources and/or authority for schools
so as to assure good indoor air quality for students and teachers.
(6) recommend
regulations necessary for the enforcement of this bill.
(e) In activities
(d) (1)-(4) above, the Task Force shall rely to the extent appropriate
on the U.S. Environmental Protection Agency’s IAQ Tools for
Schools documents. The Task Force shall have the authority to
retain as consultants professionals knowledgeable and experienced
in indoor air quality management and control.
Section 9.
IAQ in Schools Report
(a) The
IAQ in Schools Task Force shall report its findings and recommendations
in an Indoor Air Quality (IAQ) in Schools Report to the legislature
within 12 months of enactment.
(b) The
IAQ in Schools Report shall be sent to the administrator of
each school district, and the principal of every school in the
state.
(c) The
IAQ in Schools Report shall be made available to the public
upon request. Electronic access through state web sites shall
also be implemented.
Section 10.
No Smoking Policy
- Smoking
is prohibited inside all schools and on all schools grounds
in the state.
Section 11.
Enforcement
(a) The
state department of education shall have sole authority for
enforcing these provisions and shall notify the students, parents,
faculty, and staff of any school, as well as the general public,
regarding non-compliance that poses health risks to any school’s
occupants. The department also shall have authority to adopt
regulations to further enhance compliance with these provisions.
(b) The
departments of public health and environmental protection shall
provide expertise, assistance, and all other necessary resources
to support the responsibilities of the department of education
in enforcing this act.
Section 12.
Effective Date
(a) The effective
date of this act shall be 60 days after enactment.
OPTIONAL
PROVISIONS
Section #.
IAQ Ombudsperson
(a) Within
the department of education, there shall be designated an Indoor
Air Quality Ombudsperson.
(b) The
duties of the Indoor Air Quality Ombudsperson shall include,
but not be limited to:
(1)
facilitating the coordination between various governments
departments for the actions designated in this legislation;
(2)
informing students, parents, teachers, school officials,
and the public about the availability of information regarding
the indoor air quality in school buildings and facilities;
and
(3)
communicating with and providing technical assistance to
school principals and others concerning the interim changes
identified by the IAQ Task Force that can be readily implemented
by schools officials to improve indoor air quality in schools
pending full compliance with the IAQ in Schools Management
Plan.
Section #.
Relationship to Other Health & Safety Provisions
(a) Nothing
in this act shall be construed to conflict with other health
and safety provisions or preempt more stringent health and safety
provisions under state law.
Section #.
Appropriations
(a) Such funds
shall be appropriated for the proper implementation of this act.
Section 3.
Definitions
(1) “school”
means any school receiving funding from the state and providing
for the education of students in grades kindergarten through
twelfth grade.