Second Regular Session
Seventy-fourth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 24-0281.01 Richard Sweetman x4333
HOUSE BILL 24-1307
House Committees Senate Committees
Education
A BILL FOR AN ACT
C
ONCERNING HVAC INFRASTRUCTURE IMPROVEMENT PROJECTS IN101
SCHOOLS.102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
The bill requires a school district board of education, a charter
school, an institute charter school, a board of cooperative services, or the
Colorado school for the deaf and the blind (school administrative entity)
to satisfy certain requirements concerning installation, inspection, and
maintenance of heating, ventilation, and air conditioning (HVAC)
systems in schools if the school administrative entity undertakes HVAC
HOUSE SPONSORSHIP
Lieder and Hamrick,
SENATE SPONSORSHIP
Marchman,
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. infrastructure improvements using money made available by a federal
government source or by a federal government source in combination
with a state government source specifically for such purpose.
The requirements established in the bill concern:
! Ventilation verification assessments, which include
assessments of an HVAC system's filtration, ventilation
exhaust, economizers, demand control ventilation, air
distribution and building pressurization, general
maintenance requirements, operational controls, and carbon
dioxide output;
! The preparation of HVAC assessment reports;
! The review of HVAC assessment reports by mechanical
engineers, who make recommendations regarding
necessary repairs and improvements and estimate
associated costs;
! HVAC adjustments, repairs, upgrades, and replacements;
! The preparation of HVAC verification reports and the
submission of the reports to the state board of education;
and
! Periodic inspections and ongoing maintenance.
The bill establishes mandatory criteria that an HVAC contractor
must satisfy in order to perform work described in the bill. A school
administrative entity that undertakes HVAC infrastructure improvements
using money made available by a federal government source or by a
federal government source in combination with a state government source
must do so using only contractors on the certified contractor list
established by the department of labor and employment.
The bill allows a school administrative entity to apply for grants
to pay for HVAC infrastructure improvement projects and establishes
requirements for school administrative entities that apply for grants from
federal and state government sources.
The bill allows the governor's office to expend money from the
"Infrastructure Investment and Jobs Act" cash fund to provide grant
writing support and project planning support to school administrative
entities that are undertaking HVAC infrastructure improvement projects.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. Legislative declaration. (1) The general assembly2
finds that:3
(a) Students and staff in Colorado's public schools deserve access4
to clean, healthy air along with proper heating and cooling to improve5
HB24-1307-2- their opportunities to learn;1
(b) Indoor air quality is one of several toxic threats to students in2
schools;3
(c) The condition of inadequate school facilities can expose4
students and staff to mold and legacy toxins such as lead, asbestos, and5
industrial products and chemicals known as PCBs; poor air quality and6
temperature control; inadequate lighting; and excessive noise; and7
(d) Improving the air quality in schools can result in higher8
attendance, better cognitive function, less asthma and other respiratory9
health problems, and improved academic performance.10
(2) The general assembly further finds that:11
(a) In Colorado, many of the conditions that cause unhealthy12
indoor air and environmental quality impact Colorado school buildings;13
(b) Various Colorado schools have been featured in news stories14
profiling funding shortages, heating and cooling issues, and the need for15
facility improvements;16
(c) The department of education's own Facility Insight Dashboard17
reports the average age of school infrastructure to be forty years; and18
(d) State school buildings receive a poor score on the department19
of education's Facility Condition Index.20
(3) The general assembly further finds that:21
(a) Despite efforts by state agencies and school districts to22
improve indoor environmental quality in classrooms and other school23
buildings, many of Colorado's school districts lack the funding and staff24
to improve facility conditions and thereby improve school health25
outcomes;26
(b) According to the American Society of Civil Engineers' 202027
HB24-1307
-3- infrastructure report card, Colorado schools have an approximately $141
billion funding gap between the need for infrastructure replacements,2
repairs, or upgrades and money available from regular funding and budget3
processes;4
(c) The current funding sources for schools do not equitability5
distribute funds, leaving many schools in rural and disproportionately6
impacted communities unable to pay for necessary retrofits and updates;7
(d) The passage of the federal "Inflation Reduction Act of 2022"8
and "Bipartisan Infrastructure Law", which was enacted in the federal9
"Infrastructure Investment and Jobs Act", have made billions of dollars10
in federal money available to combine with current and planned state or11
local funding that can help public schools improve air quality, improve12
student performance and staff retention, and realize significant energy13
savings for school districts;14
(e) Accessing this federal money would not only improve air15
quality in schools but also bring billions of dollars in economic16
investments in quality projects to Colorado communities and workers;17
and18
(f) Unfortunately, many of the schools with the most pressing19
infrastructure improvement needs lack the staff capacity to track, apply20
for, and manage grant funding available at the state and federal level.21
(4) Therefore, the general assembly declares that, in order to help22
schools address health concerns and energy efficiency needs, this act:23
(a) Makes school administrative entities eligible to receive grants24
from the "Infrastructure Investment and Jobs Act" cash fund created in25
Senate Bill 22-215, which was enacted in 2022;26
(b) Authorizes the governor's office to coordinate with outside27
HB24-1307
-4- entities to provide school administrative entities with project planning,1
grant writing, and other technical assistance, such as school ventilation2
and energy efficiency verification, as needed;3
(c) Ensures that school districts' federal funding applications4
remain competitive by requiring the use of certified contractors to5
complete HVAC infrastructure improvement projects receiving federal6
funding and requiring compliance with the labor standards outlined in7
federal funding opportunities; and8
(d) Will save schools money by ensuring that facility improvement9
projects are completed by a highly skilled workforce and result in10
measurable energy efficiency improvements and health improvements for11
students and staff.12
SECTION 2. In Colorado Revised Statutes, add 22-32-152 as13
follows:14
22-32-152. School ventilation and energy efficiency15
verification and repair - definitions - applicability of section -16
ventilation verification assessment - filtration - HVAC assessment17
report - mechanical engineer review - adjustments, repairs, upgrades,18
and replacements - HVAC verification report - periodic inspections19
and ongoing maintenance - certified contractors - grants.20
(1) Definitions. A
S USED IN THIS SECTION, UNLESS THE CONTEXT21
OTHERWISE REQUIRES:22
(a) "ANAB"
MEANS THE AMERICAN NATIONAL STANDARDS23
I
NSTITUTE NATIONAL ACCREDITATION BOARD.24
(b) "ASHRAE"
MEANS THE AMERICAN SOCIETY OF HEATING,25
R
EFRIGERATION AND AIR-CONDITIONING ENGINEERS.26
(c) "C
ERTIFIED CONTRACTOR" MEANS A CONTRACTOR ON THE27
HB24-1307
-5- CERTIFIED CONTRACTOR LIST.1
(d) "C
ERTIFIED CONTRACTOR LIST " MEANS THE CERTIFIED2
CONTRACTOR LIST CREATED BY THE DEPARTMENT OF LABOR AND3
EMPLOYMENT PURSUANT TO SECTION 40-3.2-105.6 (3)(a).4
(e) "C
ERTIFIED TAB TECHNICIAN" MEANS A TECHNICIAN5
CERTIFIED TO PERFORM TESTING, ADJUSTING, AND BALANCING OF HVAC6
SYSTEMS BY:7
(I) T
HE ASSOCIATED AIR BALANCE COUNCIL;8
(II) T
HE NATIONAL ENVIRONMENTAL BALANCING BUREAU;9
(III) T
HE TESTING, ADJUSTING AND BALANCING BUREAU; OR10
(IV) A
SUCCESSOR ORGANIZATION OF AN ORGANIZATION NAMED11
IN SUBSECTION (1)(e)(I), (1)(e)(II), OR (1)(e)(III) OF THIS SECTION.12
(f) "CO2"
MEANS CARBON DIOXIDE.13
(g) "D
EPARTMENT" MEANS THE DEPARTMENT OF EDUCATION14
CREATED IN SECTION 24-1-115.15
(h) "HVAC"
MEANS HEATING , VENTILATION, AND AIR16
CONDITIONING.17
(i) "HVAC
ASSESSMENT REPORT" MEANS THE HVAC ASSESSMENT18
REPORT DESCRIBED IN SUBSECTION (4) OF THIS SECTION.19
(j) "ISO/IEC
17024 PERSONNEL CERTIFICATION STANDARD "20
MEANS THE ISO/IEC 17024 PERSONNEL CERTIFICATION ACCREDITATION21
STANDARD DEVELOPED BY THE INTERNATIONAL ORGANIZATION FOR22
S
TANDARDIZATION AND THE INTERNATIONAL ELECTROTECHNICAL23
C
OMMISSION FOR THE PURPOSE OF CERTIFYING PERSONNEL .24
(k) "M
ECHANICAL ENGINEER" MEANS A PROFESSIONAL ENGINEER25
WHO IS LICENSED PURSUANT TO PART 2 OF ARTICLE 120 OF TITLE 12 AND26
HAS PROFESSIONAL EXPERIENCE WITH HVAC SYSTEMS.27
HB24-1307
-6- (l) "MERV" MEANS MINIMUM EFFICIENCY REPORTING VALUE , AS1
ESTABLISHED BY ANAB/ASHRAE STANDARD 52.2-2017, "METHOD OF2
T
ESTING GENERAL VENTILATION AIR-CLEANING DEVICES FOR REMOVAL3
E
FFICIENCY BY PARTICLE SIZE".4
(m) "O
CCUPIED AREAS" MEANS THE CLASSROOMS, AUDITORIUMS,5
GYMNASIUMS, NURSES' OFFICES, RESTROOMS, AND OFFICES OF A SCHOOL.6
(n) "P
PM" MEANS PARTS PER MILLION.7
(o) "P
ROJECT LABOR AGREEMENT " HAS THE MEANING SET FORTH8
IN 48 CFR 52.222-34.9
(p) "Q
UALIFIED ADJUSTING PERSONNEL" MEANS:10
(I) A
CERTIFIED TAB TECHNICIAN; OR11
(II) A
WORKER WHO IS UNDER THE DIRECT SUPERVISION OF A12
CERTIFIED TAB TECHNICIAN.13
(q) "Q
UALIFIED PERSONNEL" MEANS QUALIFIED TESTING14
PERSONNEL, QUALIFIED ADJUSTING PERSONNEL , OR OTHER WORKFORCE15
THAT IS HIRED BY AND UNDER THE DIRECT SUPERVISION OF A CERTIFIED16
CONTRACTOR FOR THE PURPOSE OF PERFORMING HVAC WORK.17
(r) "Q
UALIFIED TESTING PERSONNEL" MEANS:18
(I) A
CERTIFIED TAB TECHNICIAN; OR19
(II) A
N INDIVIDUAL CERTIFIED TO PERFORM VENTILATION20
ASSESSMENTS OF HVAC SYSTEMS BY THE INTERNATIONAL CERTIFICATION21
B
OARD OR THROUGH AN EQUIVALENT CERTIFICATION PROGRAM OR BODY22
ACCREDITED UNDER THE ISO/IEC 17024 PERSONNEL CERTIFICATION23
STANDARD.24
(s) "R
EGISTERED APPRENTICESHIP PROGRAM " HAS THE MEANING25
SET FORTH IN SECTION 8-15.7-101 (13).26
(t) "S
CHOOL" MEANS AN EDUCATIONAL FACILITY OPERATED BY A27
HB24-1307
-7- SCHOOL ADMINISTRATIVE ENTITY .1
(u) "S
CHOOL ADMINISTRATIVE ENTITY " MEANS:2
(I) A
SCHOOL DISTRICT BOARD OF EDUCATION ;3
(II) A
CHARTER SCHOOL, AS DEFINED IN SECTION 22-30.5-103 (2);4
(III) A
N INSTITUTE CHARTER SCHOOL , AS DEFINED IN SECTION5
22-30.5-502
(6);6
(IV) A
BOARD OF COOPERATIVE SERVICES, AS DEFINED IN SECTION7
22-5-103
(2); OR8
(V) T
HE COLORADO SCHOOL FOR THE DEAF AND THE BLIND9
CREATED IN SECTION 22-80-102.10
(v) "S
TATE BOARD" MEANS THE STATE BOARD OF EDUCATION11
CREATED AND EXISTING PURSUANT TO SECTION 1 OF ARTICLE IX OF THE12
STATE CONSTITUTION.13
(w) "TAB"
MEANS TESTING, ADJUSTING, AND BALANCING OF AN14
HVAC
SYSTEM.15
(2) Applicability of section. (a) O
N AND AFTER THE EFFECTIVE16
DATE OF THIS SECTION , IF A SCHOOL ADMINISTRATIVE ENTITY17
UNDERTAKES HVAC INFRASTRUCTURE IMPROVEMENTS AT A SCHOOL18
USING MONEY MADE AVAILABLE BY A FEDERAL GOVERNMENT SOURCE OR19
BY A FEDERAL GOVERNMENT SOURCE IN COMBINATION WITH A STATE20
GOVERNMENT SOURCE SPECIFICALLY FOR SUCH PURPOSE , THE SCHOOL21
ADMINISTRATIVE ENTITY SHALL COMPLY WITH THE PROCEDURES SET22
FORTH IN THIS SECTION IN IMPLEMENTING THE HVAC INFRASTRUCTURE23
IMPROVEMENTS.24
(b) N
OTWITHSTANDING ANY PROVISION OF THIS SECTION TO THE25
CONTRARY, A SCHOOL ADMINISTRATIVE ENTITY IS NOT REQUIRED TO26
SATISFY THE REQUIREMENTS OF THIS SECTION UNLESS THE SCHOOL27
HB24-1307
-8- ADMINISTRATIVE ENTITY RECEIVES MONEY FROM A FEDERAL1
GOVERNMENT SOURCE OR FROM A FEDERAL GOVERNMENT SOURCE IN2
COMBINATION WITH A STATE GOVERNMENT SOURCE , WHICH MONEY IS3
MADE AVAILABLE FOR THE SPECIFIC PURPOSE OF IMPLEMENTING HVAC4
SYSTEM IMPROVEMENTS .5
(3) Ventilation verification assessment. Q
UALIFIED PERSONNEL6
SHALL PERFORM ALL OF THE FOLLOWING :7
(a) Filtration. MERV
13 OR BETTER FILTRATION MUST BE8
INSTALLED IN A SCHOOL'S HVAC SYSTEM WHERE FEASIBLE. QUALIFIED9
PERSONNEL SHALL:10
(I) R
EVIEW SYSTEM CAPACITY AND AIRFLOW TO DETERMINE THE11
HIGHEST MERV FILTRATION THAT CAN BE INSTALLED WITHOUT12
ADVERSELY IMPACTING EQUIPMENT ;13
(II) R
EPLACE OR UPGRADE FILTERS WHERE NEEDED AND VERIFY14
THAT FILTERS ARE INSTALLED CORRECTLY ; AND15
(III) I
SSUE RECOMMENDATIONS FOR ADDITIONAL MAINTENANCE ,16
FREQUENCY OF FILTER REPLACEMENTS , OR UPGRADES TO ALLOW FOR17
MORE PROTECTIVE FILTRATION AND RECORD THE RECOMMENDATIONS IN18
THE HVAC ASSESSMENT REPORT.19
(b) Ventilation and exhaust. A
FTER ASSESSING THE FILTRATION20
AS DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, QUALIFIED21
PERSONNEL SHALL ASSESS THE VENTILATION RATES IN THE SCHOOL 'S22
OCCUPIED AREAS TO DETERMINE WHETHER THEY MEET THE MINIMUM23
VENTILATION RATE REQUIREMENTS SET FORTH IN THE INTERNATIONAL24
MECHANICAL CODE. ASSESSMENT OF THE VENTILATION AND EXHAUST25
MUST INCLUDE ALL THE FOLLOWING :26
(I) C
ALCULATION OF THE ESTIMATED MINIMUM OUTSIDE AIR27
HB24-1307
-9- VENTILATION RATES FOR EACH OCCUPIED AREA BASED ON THE MAXIMUM1
ANTICIPATED OCCUPANCY AND THE MINIMUM REQUIRED VENTILATION2
RATE PER OCCUPANT. CALCULATIONS MUST BE BASED ON MAXIMUM3
ANTICIPATED CLASSROOM OR OTHER OCCUPIED AREA OCCUPANCY RATES4
AND DETERMINED BY THE INTERNATIONAL MECHANICAL CODE ;5
(II) M
EASUREMENT OF OUTSIDE AIR AND VERIFICATION THAT THE6
SYSTEM PROVIDES THE MINIMUM OUTSIDE AIR VENTILATION RATES7
CALCULATED PURSUANT TO SUBSECTION (3)(b)(I) OF THIS SECTION;8
(III) V
ERIFICATION OF COIL VELOCITIES AND UNIT DISCHARGE AIR9
TEMPERATURES REQUIRED TO MAINTAIN DESIRED INDOOR C ONDITIONS10
AND TO AVOID MOISTURE CARRYOVER FROM COOLING COILS ;11
(IV) V
ERIFICATION THAT SEPARATION BETWEEN OUTDOOR AIR12
INTAKES AND EXHAUST DISC HARGE OUTLETS MEETS THE REQUIREMENTS13
OF THE INTERNATIONAL MECHANICAL CODE ;14
(V) C
ONFIRMATION THAT THE AIR HANDLING UNIT IS BRINGING IN15
OUTDOOR AIR AND REMOVING EXHAUST AIR AS INTENDED BY THE SYSTEM16
DESIGN; AND17
(VI) M
EASUREMENT OF ALL EXHAUST AIR VOLUME FOR EXHAUST18
FANS, SUCH AS RESTROOM EXHAUST FANS , INCLUDING DOCUMENTATION19
OF ANY DISCREPANCIES FROM SYSTEM DESIGN .20
(c) Economizers. F
OR HVAC SYSTEMS WITH ECONOMIZERS ,21
QUALIFIED PERSONNEL SHALL TEST SYSTEM ECONOMIZER DAMPERS FOR22
PROPER OPERATION. ECONOMIZER DAMPERS AND CONTROLS THAT ARE23
NOT PROPERLY FUNCTIONING SHALL BE REPAIRED BY A CERTIFIED24
CONTRACTOR AND THE CERTIFIED CONTRACTOR 'S QUALIFIED PERSONNEL.25
Q
UALIFIED PERSONNEL SHALL RECORD RECOMMENDATIONS FOR26
ADDITIONAL MAINTENANCE , REPLACEMENT, OR UPGRADES IN THE HVAC27
HB24-1307
-10- ASSESSMENT REPORT.1
(d) Demand control ventilation. (I) I
F DEMAND CONTROL2
VENTILATION SYSTEMS ARE INSTALLED , QUALIFIED PERSONNEL SHALL3
VERIFY THEIR PROPER OPERATION.4
(II) D
EMAND CONTROL VENTILATION SYSTEMS THAT ARE NOT5
PROPERLY FUNCTIONING SHALL BE REPAIRED BY A CERTIFIED CONTRACTOR6
AND THE CERTIFIED CONTRACTOR 'S QUALIFIED PERSONNEL.7
(III) I
F A DEMAND CONTROL VENTILATION SYSTEM IS8
RECOMMENDED TO BE DISABLED OR IS UNABLE TO PROVIDE9
RECOMMENDED VENTILATION RATES , THE HVAC SYSTEM MUST BE10
CONFIGURED TO MEET THE MINIMUM VENTILATION RATE REQUIREMENTS11
WITHOUT USE OF THE DEMAND CONTROL VENTILATION SYSTEM AND12
TESTED AND ADJUSTED TO ACHIEVE THE ESTIMATED MINIMUM OUTSIDE13
AIR VENTILATION RATE, AS DESCRIBED IN SUBSECTION (3)(b)(I) OF THIS14
SECTION.15
(IV) Q
UALIFIED PERSONNEL SHALL RECORD RECOMMENDATIONS16
FOR ADDITIONAL MAINTENANCE , REPLACEMENT, OR UPGRADES IN THE17
HVAC
ASSESSMENT REPORT.18
(e) Air distribution and building pressurization. (I) Q
UALIFIED19
PERSONNEL SHALL:20
(A) P
ERFORM SURVEY READINGS OF INLETS AND OUTLETS TO21
VERIFY THAT ALL VENTILATION IS REACHING THE SERVED ZONES AND22
THAT THERE IS ADEQUATE AIR DISTRIBUTION ;23
(B) V
ERIFY THAT INLETS AND OUTLETS ARE BALANCED WITHIN24
TOLERANCE OF THE SYSTEM DESIGN ; AND25
(C) D
OCUMENT READ VALUES AND DEFICIENCIES . IF THE ORIGINAL26
SYSTEM DESIGN VALUES ARE NOT AVAILABLE , QUALIFIED PERSONNEL27
HB24-1307
-11- SHALL DOCUMENT AVAILABLE INFORMATION AND NOTE THE1
UNAVAILABILITY OF SYSTEM DESIGN VALUES IN THE HVAC ASSESSMENT2
REPORT.3
(II) Q
UALIFIED PERSONNEL SHALL VERIFY BUILDING AND SPACE4
PRESSURE TO ENSURE THAT:5
(A) T
HE PRESSURE DIFFERENTIAL IS WITHIN TOLERANCE OF6
DESIGN, IF KNOWN;7
(B) T
HE SCHOOL BUILDING IS NOT OVER PRESSURIZED ; AND8
(C) I
F APPLICABLE, ROOMS DESIGNATED FOR TEMPORARY9
OCCUPATION BY SICK STUDENTS OR STAFF MAINTAIN A NEGATIVE10
PRESSURE, OR AS OTHERWISE DESIGNED.11
(f) General maintenance. Q
UALIFIED PERSONNEL SHALL VERIFY12
COIL CONDITION, CONDENSATE DRAI NAGE , COOLING COIL AIR13
TEMPERATURE DIFFERENTIAL (ENTERING AND LEAVING DRY BULB ), HEAT14
EXCHANGER AIR TEMPERATURE DIFFERENTIAL (ENTERING AND LEAVING15
DRY BULB), AND DRIVE ASSEMBLY CONDITION . QUALIFIED PERSONNEL16
SHALL RECORD RECOMMENDATIONS FOR ADDITIONAL MAINTENANCE ,17
REPLACEMENT, OR UPGRADES IN THE HVAC ASSESSMENT REPORT.18
(g) Operational controls. Q
UALIFIED PERSONNEL SHALL REVIEW19
CONTROL SEQUENCES TO VERIFY THAT SYSTEMS WILL MAINTAIN INTENDED20
VENTILATION, TEMPERATURE, AND HUMIDITY CONDITIONS DURING SCHOOL21
OPERATION.22
(h) CO2 monitoring. (I) A
S AN INDICATOR OF PROPER23
VENTILATION THROUGHOUT THE SCHOOL YEAR , ALL CLASSROOMS MUST24
BE EQUIPPED WITH A CO2 MONITOR THAT:25
(A) I
S HARDWIRED, PLUG-IN, OR BATTERY OPERATED AND26
MOUNTED TO THE WALL AT LEAST THREE FEET BUT LESS THAN SIX FEET27
HB24-1307
-12- ABOVE THE FLOOR AND AT LEAST FIVE FEET AWAY FROM THE DOOR AND1
ANY OPERABLE WINDOWS ;2
(B) D
ISPLAYS THE CO2 READINGS TO THE SCHOOL FACILITIES3
MANAGER OR DESIGNATED STAFF MEMBER THROUGH A DISPLAY ON THE4
DEVICE OR OTHER MEANS, SUCH AS A WEB-BASED APPLICATION OR CELL5
PHONE APPLICATION;6
(C) N
OTIFIES THE SCHOOL FACILITIES MANAGER OR DESIGNATED7
STAFF MEMBER THROUGH A VISUAL INDICATOR OR OTHER ALERT , SUCH AS8
AN E-MAIL, A TEXT, OR A CELL PHONE APPLICATION, WHEN CO2 LEVELS IN9
THE CLASSROOM HAVE EXCEEDED ONE THOUSAND ONE HUNDRED PPM ;10
(D) M
AINTAINS A RECORD OF PREVIOUS DATA , WHICH RECORD11
INCLUDES AT LEAST THE MAXIMUM CO2 CONCENTRATION MEASURED ;12
(E) H
AS A MEASUREMENT RANGE OF AT LEAST FOUR HUNDRED TO13
FIVE THOUSAND PPM; AND14
(F) I
S CERTIFIED BY THE MANUFACTURER TO BE ACCURATE WITHIN15
SEVENTY-FIVE PPM AT ONE THOUSAND PPM CO2 CONCENTRATION AND TO16
REQUIRE CALIBRATION NO MORE FREQUENTLY THAN ONCE EVERY FIVE17
YEARS.18
(II) Q
UALIFIED PERSONNEL SHALL VERIFY THAT THE CO219
MONITORS ARE ACCURATE WITHIN SEVENTY -FIVE PPM AT ONE THOUSAND20
PPM CO2.21
(III) I
N SCHOOLS WHERE THERE IS LIMITED OR NO EXISTING22
MECHANICAL VENTILATION, THE ASSESSMENT OF CO2 MONITORING MUST23
FOCUS ON DOCUMENTING EXISTING CONDITIONS AND PROVIDING THE24
MECHANICAL ENGINEER WITH THE INFORMATION NEEDED TO PROVIDE25
MECHANICAL VENTILATION UPGRADE RECOMMENDATIONS , IF NEEDED, TO26
ENSURE PROPER VENTILATION AND I NDOOR AIR QUALITY . CLASSROOMS27
HB24-1307
-13- WITH LIMITED OR NO EXISTING MECHANICAL VENTILATION MUST HAVE1
CO2
MONITORS INSTALLED.2
(IV) I
N THE HVAC ASSESSMENT REPORT, QUALIFIED PERSONNEL3
SHALL INCLUDE VERIFICATION OF THE INSTALLATION OF CO2 MONITORS4
IN ALL CLASSROOMS.5
(4) HVAC assessment report. Q
UALIFIED PERSONNEL SHALL6
PREPARE AN HVAC ASSESSMENT REPORT FOR REVIEW BY A MECHANICAL7
ENGINEER. THE HVAC ASSESSMENT REPORT MUST INCLUDE ALL OF THE8
FOLLOWING INFORMATION :9
(a) T
HE NAME AND ADDRESS OF THE SCHOOL AND THE CERTIFIED10
CONTRACTOR COMPLETING THE WORK , INCLUDING THE NAME OF THE11
QUALIFIED PERSONNEL PREPARING THE ASSESSMENT REPORT AND THE12
NAME OF THE MECHANICAL ENGINEER CERTIFYING THE ASSESSMENT13
REPORT;14
(b) A
DESCRIPTION OF ASSESSMENT, MAINTENANCE, ADJUSTMENT,15
AND REPAIR ACTIVITIES AND OUTCOMES ;16
(c) D
OCUMENTATION OF HVAC EQUIPMENT MODEL NUMBERS ,17
SERIAL NUMBERS, GENERAL CONDITION OF UNITS, AND ANY ADDITIONAL18
INFORMATION THAT COULD BE USED TO ASSESS REPLACEMENT AND REPAIR19
OPTIONS GIVEN THE POTENTIAL FOR INCREASED ENERGY EFFICIENCY20
BENEFITS;21
(d) V
ERIFICATION THAT EITHER:22
(I) MERV
13 FILTERS HAVE BEEN INSTALLED; OR23
(II) T
HE MAXIMUM MERV-RATED FILTER THAT THE SYSTEM IS24
ABLE TO EFFECTIVELY HANDLE HAS BEEN INSTALLED , INCLUDING AN25
INDICATION OF THE MERV RATING OF THAT FILTER;26
(e) V
ERIFICATION THAT ALL REQUIREMENTS DESCRIBED IN THIS27
HB24-1307
-14- SUBSECTION (4) HAVE BEEN SATISFIED, INCLUDING INSTALLATION OF CO21
MONITORS IN ALL CLASSROOMS ;2
(f) T
HE VERIFIED VENTILATION RATES FOR OCCUPIED AREAS AND3
WHETHER THOSE RATES MEET THE ESTIMATED REQUIREMENTS SET FORTH4
IN THE INTERNATIONAL MECHANICAL CODE ;5
(g) T
HE VERIFIED EXHAUST FOR OCCUPIED AREAS AND WHETHER6
THOSE RATES MEET THE REQUIREMENTS OF THE SYSTEM 'S DESIGN; AND7
(h) D
OCUMENTATION OF SYSTEM DEFICIENCIES AND8
RECOMMENDATIONS FOR ADDITIONAL MAINTENANCE , REPLACEMENT, OR9
UPGRADES TO IMPROVE ENERGY EFFICIENCY , SAFETY, OR PERFORMANCE,10
IF ANY.11
(5) Mechanical engineer review. A
MECHANICAL ENGINEER12
SHALL:13
(a) R
EVIEW THE HVAC ASSESSMENT REPORT;14
(b) V
ERIFY OR ADJUST THE ESTIMATED MINIMUM OUTSIDE AIR15
VENTILATION RATES;16
(c) D
ETERMINE WHAT, IF ANY, ADDITIONAL ADJUSTMENTS ,17
REPAIRS, UPGRADES, OR REPLACEMENTS ARE NECESSARY TO MEET THE18
MINIMUM VENTILATION AND FILTRATION REQUIREMENTS OF THE19
INTERNATIONAL MECHANICAL CODE ; AND20
(d) P
ROVIDE A COST ESTIMATE FOR ALL RECOMMENDED WORK .21
(6) Adjustments, repairs, upgrades, and replacements. A
LL22
HVAC
REPAIRS, UPGRADES, AND REPLACEMENTS SHALL BE PERFORMED23
BY A CERTIFIED CONTRACTOR AND THE CERTIFIED CONTRACTOR 'S24
QUALIFIED PERSONNEL. ALL HVAC ADJUSTMENTS SHALL BE PERFORMED25
BY QUALIFIED ADJUSTING PERSONNEL .26
(7) HVAC verification report. (a) T
HE CERTIFIED CONTRACTOR27
HB24-1307
-15- OR A MEMBER OF THE CERTIFIED CONTRACTOR 'S QUALIFIED PERSONNEL1
SHALL PREPARE AN HVAC VERIFICATION REPORT, AND THE SCHOOL2
ADMINISTRATIVE ENTITY SHALL SUBMIT THE HVAC VERIFICATION REPORT3
TO THE STATE BOARD WITHIN THIRTY DAYS AFTER COMPLETION OF ALL4
WORK DESCRIBED IN SUBSECTIONS (3) TO (6) OF THIS SECTION.5
(b) T
HE HVAC VERIFICATION REPORT MUST INCLUDE ALL OF THE6
FOLLOWING INFORMATION :7
(I) T
HE NAME AND ADDRESS OF THE SCHOOL AND THE PERSON8
PREPARING AND CERTIFYING THE REPORT ;9
(II) A
DESCRIPTION OF ASSESSMENT, MAINTENANCE, ADJUSTMENT,10
REPAIR, UPGRADE, AND REPLACEMENT ACTIVITIES AND OUTCOMES ;11
(III) V
ERIFICATION THAT THE CERTIFIED CONTRACTOR OR THE12
CERTIFIED CONTRACTOR'S QUALIFIED PERSONNEL HAS COMPLIED WITH ALL13
REQUIREMENTS OF THIS SECTION;14
(IV) V
ERIFICATION THAT EITHER:15
(A) MERV
13 FILTERS HAVE BEEN INSTALLED; OR16
(B) T
HE MAXIMUM MERV-RATED FILTER THAT THE SYSTEM IS17
ABLE TO EFFECTIVELY HANDLE HAS BEEN INSTALLED , INCLUDING AN18
INDICATION OF THE MERV RATING OF THAT FILTER;19
(V) T
HE VERIFIED VENTILATION RATES FOR OCCUPIED AREAS AND20
WHETHER THOSE RATES MEET THE REQUIREMENTS SET FORTH IN THE21
INTERNATIONAL MECHANICAL CODE . IF VENTILATION RATES DO NOT MEET22
APPLICABLE GUIDANCE, THEN THE HVAC VERIFICATION REPORT MUST23
INCLUDE AN EXPLANATION OF WHY THE CURRENT SYSTEM IS UNABLE TO24
MEET THOSE RATES.25
(VI) T
HE VERIFIED EXHAUST RATES FOR OCCUPIED AREAS AND26
WHETHER THOSE RATES MEET THE REQUIREMENTS SET FORTH IN THE27
HB24-1307
-16- SYSTEM'S DESIGN;1
(VII) D
OCUMENTATION OF REPAIRS , UPGRADES, OR2
REPLACEMENTS PERFORMED IN RESPONSE TO :3
(A) T
HE HVAC ASSESSMENT REPORT; AND4
(B) T
HE MECHANICAL ENGINEER 'S RECOMMENDATIONS MADE5
PURSUANT TO SUBSECTION (5) OF THIS SECTION;6
(VIII) D
OCUMENTATION OF RECOMMENDATIONS FOR ADDITIONAL7
MAINTENANCE, REPAIRS, REPLACEMENTS, OR UPGRADES TO IMPROVE8
ENERGY EFFICIENCY, SAFETY, OR PERFORMANCE;9
(IX) D
OCUMENTATION OF INITIAL OPERATING VERIFICATIONS ,10
ADJUSTMENTS, AND FINAL OPERATING VERIFICATIONS AND11
DOCUMENTATION OF ANY ADJUSTMENTS OR REPAIRS PERFORMED ;12
(X) V
ERIFICATION OF INSTALLATION OF CO2 MONITORS,13
INCLUDING THE NUMBER OF MONITORS INSTALLED AND VERIFIED AND THE14
MAKE AND MODEL OF EACH MONITOR ; AND15
(XI) V
ERIFICATION THAT ALL WORK HAS BEEN PERFORMED BY A16
CERTIFIED CONTRACTOR OR THE CERTIFIED CONTRACTOR 'S QUALIFIED17
PERSONNEL, INCLUDING THE CONTRACTOR 'S NAME, THE NAMES OF18
QUALIFIED PERSONNEL, CERTIFICATION NUMBERS OF ANY QUALIFIED19
PERSONNEL, AND VERIFICATION THAT ALL CONSTRUCTION WORK HAS BEEN20
PERFORMED BY A CERTIFIED CONTRACTOR AND THE CERTIFIED21
CONTRACTOR'S QUALIFIED PERSONNEL.22
(c) T
HE SCHOOL ADMINISTRATIVE ENTITY SHALL MAINTAIN A COPY23
OF THE HVAC VERIFICATION REPORT FOR AT LEAST FIVE YEARS AND24
MAKE IT AVAILABLE TO THE PUBLIC UPON REQUEST .25
(8) Periodic inspections and ongoing maintenance. (a) A
T26
LEAST ONCE EVERY FIVE YEARS, QUALIFIED PERSONNEL SHALL PERFORM27
HB24-1307
-17- THE DUTIES CONCERNING ASSESSMENT , MAINTENANCE, ADJUSTMENT,1
OPERATIONAL CONTROLS , AND CO2 MONITORS DESCRIBED IN2
SUBSECTIONS (3) TO (6) OF THIS SECTION.3
(b) I
F A CLASSROOM CO2 CONCENTRATION ALARM SET POINT IS4
EXCEEDED FOR MORE THAN FIFTEEN MINUTES MORE THAN FOUR TIMES IN5
A MONTH, QUALIFIED ADJUSTING PERSONNEL SHALL EITHER ADJUST THE6
CLASSROOM VENTILATION RATES OR INSTALL A DIRECT OUTSIDE AIRFLOW7
MEASUREMENT DEVICE AND VERIFY ITS ACCURACY TO ENSURE PEAK CO28
CONCENTRATIONS IN THE CLASSROOM REMAIN BELOW THE SET POINT .9
(c) E
ACH SCHOOL ADMINISTRATIVE ENTITY SHALL :10
(I) R
ECORD EACH INCIDENT IN WHICH A CLASSROOM CO211
CONCENTRATION ALARM SET POINT WAS BREACHED ;12
(II) R
ETAIN EACH RECORD FOR AT LEAST FIVE YEARS ; AND13
(III) M
AKE THE RECORDS AVAILABLE TO THE PUBLIC UPON14
REQUEST.15
(9) Certified contractors. (a) I
F A SCHOOL ADMINISTRATIVE16
ENTITY UNDERTAKES HVAC INFRASTRUCTURE IMPROVEMENTS AS17
DESCRIBED IN THIS SECTION USING MONEY MADE AVAILABLE BY FEDERAL18
GOVERNMENT SOURCES OR FEDERAL GOVERNMENT SOURCES IN19
COMBINATION WITH STATE GOVERNMENT SOURCES SPECIFICALLY FOR20
SUCH PURPOSE, THE SCHOOL ADMINISTRATIVE ENTITY SHALL :21
(I) O
BTAIN AND MAKE USE OF THE CERTIFIED CONTRACTOR LIST ;22
AND23
(II) E
MPLOY ONLY CERTIFIED CONTRACTORS FOR THE24
PERFORMANCE OF THE HVAC INFRASTRUCTURE IMPROVEMENTS .25
(b) T
HE DEPARTMENT SHALL PUBLISH THE CERTIFIED CONTRACTOR26
LIST ON ITS WEBSITE AND INCLUDE OR REFERENCE THE LIST IN ALL OF THE27
HB24-1307
-18- RELEVANT MARKETING MATERIAL FOR SCHOOL INFRASTRUCTURE1
IMPROVEMENT PROGRAMS .2
(c) T
HE REQUIREMENT DESCRIBED IN SUBSECTION (9)(a) OF THIS3
SECTION DOES NOT APPLY TO MECHANICAL , PLUMBING, AND ELECTRICAL4
WORK THAT IS PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT .5
(10) Grants. (a) T
O ACQUIRE MONEY TO PAY FOR HVAC6
INFRASTRUCTURE IMPROVEMENT PROJECTS AS DESCRIBED IN THIS7
SECTION, A SCHOOL ADMINISTRATIVE ENTITY MAY :8
(I) S
EEK AND ACQUIRE GRANT WRITING SUPPORT AND PROJECT9
PLANNING SUPPORT FROM THE OFFICE OF THE GOVERNOR , AS DESCRIBED10
IN SECTION 24-75-232;11
(II) A
PPLY FOR GRANTS FROM FEDERAL AND STATE GOVERNMENT12
SOURCES, INCLUDING THE BUILDING ELECTRIFICATION FOR PUBLIC13
BUILDINGS GRANT PROGRAM CREATED IN SECTION 24-38.5-404;14
(III) U
TILIZE THE REGIONAL GRANT NAVIGATOR PROGRAM15
ADMINISTERED THROUGH THE DEPARTMENT OF LOCAL AFFAIRS ; AND16
(IV) C
OORDINATE WITH THIRD PARTIES WITH EXPERTISE17
PERTAINING TO FEDERAL FUNDING APPLICATION TECHNICAL ASSISTANCE ,18
INCLUDING ASSISTANCE CONCERNING :19
(A) S
CHOOL VENTILATION AND ENERGY EFFICIENCY VERIFICATION ;20
(B) S
USTAINABILITY PROJECT PLANNING;21
(C) G
RANT WRITING;22
(D) T
ECHNICAL ASSISTANCE, SUCH AS ENGINEERING OR23
FEASIBILITY STUDIES, NEEDED TO IMPROVE OR MAKE THE CASE FOR A24
GRANT APPLICATION;25
(E) C
OMPLIANCE WITH FEDERAL LABOR STANDARDS ;26
(F) I
NCENTIVES FOR TAX CREDITS;27
HB24-1307
-19- (G) PROCUREMENT MATERIALS ASSOCIATED WITH THE FEDERAL1
"B
UILD AMERICA, BUY AMERICA ACT", SECTION 70901 ET SEQ., OF THE2
FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-58;3
(H) P
ROJECT FINANCING EXPERTISE , SUCH AS CREATING AN4
ON-BILL FINANCING AND REPAYMENT PROGRAM ;5
(I) C
OMPLIANCE WITH LABOR STANDARDS OUTLINED IN FEDERAL6
FUNDING GUIDANCE; AND7
(J) C
OMMUNITY BENEFIT PLAN DEVELOPMENT AND COMMUNITY8
BENEFIT AGREEMENT NEGOTIATION AND IMPLEMENTATION , SUCH AS BEST9
PRACTICES OR CONSULTANT FUNDS FOR COMMUNITY MEMBERS .10
(b) I
N APPLYING FOR A GRANT AS DESCRIBED IN SUBSECTION11
(10)(a)(II)
OF THIS SECTION, A SCHOOL ADMINISTRATIVE ENTITY SHALL12
ENSURE THAT EACH GRANT APPLICATION INCLUDES A DESCRIPTION OF HOW13
THE SCHOOL ADMINISTRATIVE ENTITY MUST COMPLY WITH APPLICABLE14
LABOR STANDARDS OUTLINED IN FEDERAL FUNDING GUI DANCE , INCLUDING15
STANDARDS PERTAINING TO:16
(I) T
HE FEDERAL "DAVIS-BACON ACT OF 1931", PUB.L. 71-798;17
(II) R
EGISTERED APPRENTICESHIP PROGRAMS AND OTHER LABOR18
MANAGEMENT PARTNERSHIPS ;19
(III) P
ROJECT LABOR AGREEMENTS ;20
(IV) C
OMMUNITY WORKFORCE AGREEMENTS ;21
(V) C
OMMUNITY BENEFIT AGREEMENTS ; AND22
(VI) P
REVENTION OF WORKER MISCLASSIFICATION .23
SECTION 3. In Colorado Revised Statutes, add 22-5-123 as24
follows:25
22-5-123. BOCES - ventilation and energy efficiency26
verification and repair. O
N AND AFTER THE EFFECTIVE DATE OF THIS27
HB24-1307
-20- SECTION, IF A BOCES UNDERTAKES HVAC INFRASTRUCTURE1
IMPROVEMENTS USING MONEY MADE AVAILABLE BY A FEDERAL2
GOVERNMENT SOURCE OR BY A FEDERAL GOVERNMENT SOURCE IN3
COMBINATION WITH A STATE GOVERNMENT SOURCE SPECIFICALLY FOR4
SUCH PURPOSE, THE BOCES SHALL COMPLY WITH THE REQUIREMENTS5
DESCRIBED IN SECTION 22-32-152 IN IMPLEMENTING THE HVAC6
INFRASTRUCTURE IMPROVEMENTS .7
SECTION 4. In Colorado Revised Statutes, add 22-30.5-121 as8
follows:9
22-30.5-121. Charter schools - ventilation and energy10
efficiency verification and repair. O
N AND AFTER THE EFFECTIVE DATE11
OF THIS SECTION, IF A CHARTER SCHOOL UNDERTAKES HVAC12
INFRASTRUCTURE IMPROVEMENTS USING MONEY MADE AVAILABLE BY A13
FEDERAL GOVERNMENT SOURCE OR BY A FEDERAL GOVERNMENT SOURCE14
IN COMBINATION WITH A STATE GOVERNMENT SOURCE SPECIFICALLY FOR15
SUCH PURPOSE, THE CHARTER SCHOOL SHALL COMPLY WITH THE16
REQUIREMENTS DESCRIBED IN SECTION 22-32-152 IN IMPLEMENTING THE17
HVAC
INFRASTRUCTURE IMPROVEMENTS .18
SECTION 5. In Colorado Revised Statutes, add 22-30.5-531 as19
follows:20
22-30.5-531. Institute charter schools - ventilation and energy21
efficiency verification and repair. O
N AND AFTER THE EFFECTIVE DATE22
OF THIS SECTION, IF AN INSTITUTE CHARTER SCHOOL UNDERTAKES HVAC23
INFRASTRUCTURE IMPROVEMENTS USING MONEY MADE AVAILABLE BY A24
FEDERAL GOVERNMENT SOURCE OR BY A FEDERAL GOVERNMENT SOURCE25
IN COMBINATION WITH A STATE GOVERNMENT SOURCE SPECIFICALLY FOR26
SUCH PURPOSE, THE INSTITUTE CHARTER SCHOOL SHALL COMPLY WITH THE27
HB24-1307
-21- REQUIREMENTS DESCRIBED IN SECTION 22-32-152 IN IMPLEMENTING THE1
HVAC
INFRASTRUCTURE IMPROVEMENTS .2
SECTION 6. In Colorado Revised Statutes, add 22-80-120 as3
follows:4
22-80-120. Ventilation and energy efficiency verification and5
repair. O
N AND AFTER THE EFFECTIVE DATE OF THIS SECTION , IF THE6
SCHOOL UNDERTAKES HVAC INFRASTRUCTURE IMPROVEMENTS USING7
MONEY MADE AVAILABLE BY A FEDERAL GOVERNMENT SOURCE OR BY A8
FEDERAL GOVERNMENT SOURCE IN COMBINATION WITH A STATE9
GOVERNMENT SOURCE SPECIFICALLY FOR SUCH PURPOSE , THE SCHOOL10
SHALL COMPLY WITH THE REQUIREMENTS DESCRIBED IN SECTION11
22-32-152
IN IMPLEMENTING THE HVAC INFRASTRUCTURE12
IMPROVEMENTS.13
SECTION 7. In Colorado Revised Statutes, 24-75-232, add14
(5)(e) as follows:15
24-75-232. "Infrastructure Investment and Jobs Act" cash16
fund - creation - allowable uses - report - legislative declaration -17
definitions - repeal. (5) (e) (I) T
HE OFFICE MAY EXPEND MONEY FROM18
THE FUND TO PROVIDE GRANT WRITING SUPPORT AND PROJECT PLANNING19
SUPPORT TO SCHOOL DISTRICTS, BOCES, THE COLORADO SCHOOL FOR THE20
DEAF AND THE BLIND, CHARTER SCHOOLS, AND INSTITUTE CHARTER21
SCHOOLS THAT ARE UNDERTAKING HVAC INFRASTRUCTURE22
IMPROVEMENTS AS DESCRIBED IN SECTION 22-32-152.23
(II) F
OR THE PURPOSES OF THIS SUBSECTION (5)(e), THE OFFICE24
MAY COORDINATE WITH THIRD PARTIES WITH EXPERTISE PERTAINING TO25
FEDERAL FUNDING APPLICATION TECHNICAL ASSISTANCE , INCLUDING26
ASSISTANCE CONCERNING:27
HB24-1307
-22- (A) SCHOOL VENTILATION AND ENERGY EFFICIENCY VERIFICATION ;1
(B) S
USTAINABILITY PROJECT PLANNING;2
(C) G
RANT WRITING;3
(D) T
ECHNICAL ASSISTANCE , SUCH AS ENGINEERING OR4
FEASIBILITY STUDIES, NEEDED TO IMPROVE OR MAKE THE CASE FOR A5
GRANT APPLICATION;6
(E) C
OMPLIANCE WITH FEDERAL LABOR STANDARDS ;7
(F) I
NCENTIVES FOR TAX CREDITS;8
(G) P
ROCUREMENT MATERIALS ASSOCIATED WITH THE FEDERAL9
"B
UILD AMERICA, BUY AMERICA ACT", SECTION 70901 ET SEQ., OF THE10
FEDERAL "INFRASTRUCTURE INVESTMENT AND JOBS ACT", PUB.L. 117-58;11
(H) P
ROJECT FINANCING EXPERTISE , SUCH AS CREATING AN12
ON-BILL FINANCING AND REPAYMENT PROGRAM ;13
(I) C
OMPLIANCE WITH LABOR STANDARDS OUTLINED IN FEDERAL14
FUNDING GUIDANCE; AND15
(J) C
OMMUNITY BENEFIT PLAN DEVELOPMENT AND COMMUNITY16
BENEFIT AGREEMENT NEGOTIATION AND IMPLEMENTATION , SUCH AS BEST17
PRACTICES OR CONSULTANT FUNDS FOR COMMUNITY MEMBERS .18
SECTION 8. Safety clause. The general assembly finds,19
determines, and declares that this act is necessary for the immediate20
preservation of the public peace, health, or safety or for appropriations for21
the support and maintenance of the departments of the state and state22
institutions.23
HB24-1307
-23-