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OLR Bill Analysis
sSB 423
AN ACT IMPROVING INDOOR AIR QUALITY IN PUBLIC SCHOOL
CLASSROOMS.
SUMMARY
This bill requires the labor commissioner, in consultation with the
education commissioner and Office of Policy and Management (OPM)
secretary, to establish a school indoor air quality assessment and
ventilation monitoring program (i.e., “school air quality program”) by
June 30, 2023, for use by local and regional boards of education, regional
educational service centers (RESCs), and state charter schools. The
school air quality program requires these entities to conduct ventilation
assessments that include a number of detailed steps. Under the bill, the
Department of Labor (DOL) must require school districts, RESCs, and
state charter schools to make the appropriate corrective actions
identified in the report resulting from the ventilation assessment.
Under the bill, a certified testing, adjusting, and balancing technician
or mechanical engineer must perform the ventilation assessment. The
assessment must verify whether the existing mechanical ventilation
system is operating in accord with design parameters, meets DOL’s
requirements, and follows the recommendations of the American
Society of Heating, Refrigerating and Air-Conditioning Engineers
(ASHRAE) for ventilation needs during the 2020 coronavirus disease
pandemic. The written report produced by the assessment must include
any corrective actions needed for a school’s mechanical ventilation
system or the heating, ventilation, and air conditioning (HVAC)
infrastructure.
By June 30, 2026, and each year thereafter, each school must have an
HVAC system in full compliance with the school air quality program
standards, but any board of education, RESC, or state charter school will
be considered in compliance with the bill’s requirements if it has started 2022SB-00423-R000320-BA.DOCX
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a project to remediate or replace an HVAC system.
Among other related provisions, the bill also:
1. makes certain school HVAC projects eligible to receive state
reimbursement grants;
2. establishes standards regarding the mandatory closing of schools
if building temperatures are not met for specified periods (within
a range of 68 to 76 degrees Fahrenheit);
3. details steps schools must take to establish a complaint process
related to indoor air quality; and
4. makes a conforming change in the school construction law for
grants to the Connecticut Technical Education and Career System
(CTECS, formerly the technical high school system).
Under the bill, “indoor air quality” is the overall potential health
factors within a school facility, including air quality, mold levels, and
other potentially harmful toxins.
EFFECTIVE DATE: Upon passage, except the sections creating (1) the
school air quality program and related requirements and (2) the
complaint process are effective July 1, 2022.
§§ 1 & 2 — SCHOOL AIR QUALITY PROGRAM
The bill requires the labor commissioner, in consultation with the
education commissioner and OPM secretary (or their designees), to
establish the school air quality program by June 30, 2023, for use by
boards of education, RESCs, and state charter schools. The program
must be consistent with the bill’s requirements and the minimum
requirements of the ASHRAE Standard 62.
Existing law requires local and regional boards of education to
maintain their HVAC systems in compliance with the prevailing
standards, such as Standard 62, when the HVAC system is installed or
renovated. It further requires school districts to keep HVAC system
maintenance records for five years (CGS § 10-231e). Another existing 2022SB-00423-R000320-BA.DOCX
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law requires districts to adopt and implement an indoor air quality
program that provides for ongoing maintenance and facility reviews
necessary for the maintenance and improvement of the indoor air
quality of their facilities (CGS § 10-220(a)).
Under the bill, the labor commissioner must post the program
requirements on DOL’s website. ASHRAE Standard 62 means the most
recent American National Standards Institute/American Society of
Heating, Refrigerating and Air-conditioning Engineers Standard 62.1,
entitled “ventilation for acceptable indoor air quality.”
The bill requires the labor commissioner, in consultation with the
education commissioner and OPM secretary, to (1) approve the school
air quality program at least every three years to ensure its efficacy and
(2) review the program in the event of a public health emergency or
other event potentially impacting air quality in schools.
Ventilation Assessment and Report (§ 2(b))
A certified testing, adjusting, and balancing technician or mechanical
engineer must perform ventilation assessments under the school air
quality program. The assessment must verify whether the existing
mechanical ventilation system is operating in accordance with design
parameters, meets DOL requirements, and follows the ASHRAE
recommendations.
The bill includes specific items that must be in the HVAC system
assessment, including the following:
1. testing for maximum filter efficiency,
2. physical measurements of outside air rate,
3. verification of ventilation components’ operation,
4. measurement of all air distribution inlets and outlets,
5. verification of unit operation and performance of required
maintenance in accordance with ASHRAE Standard 62.1, 2022SB-00423-R000320-BA.DOCX
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6. verification of control sequences,
7. verification of carbon dioxide sensors, and
8. collection of field data for the installation of mechanical
ventilation if none exist.
A mechanical engineer must review the written report produced by
the assessment. The report must include any corrective actions needed
for a school district’s mechanical ventilation system or HVAC
infrastructure. Corrective actions can include (1) installation of
appropriate filters or carbon dioxide sensors and (2) additional
maintenance, repairs, upgrades, or replacement.
Required Corrective Actions (§ 2(d))
DOL must require all boards of education, RESCs, and state charter
schools to make the appropriate corrective actions identified in the
assessment report. The corrective actions must include testing,
adjusting, and balancing the school mechanical ventilation system and,
if necessary or cost effective, repair, upgrade, or replacement of the
existing HVAC system or the installation of a stand-alone mechanical
ventilation system.
The corrective actions identified in the assessment may include the
following:
1. general maintenance, reading, and adjustment of ventilation
rates;
2. filter replacement to meet a minimum efficiency reporting value
of at least 13, if equipment allows, while assuring the pressure
drop is less than the fan’s capability; and
3. carbon dioxide monitor installation or whole system installation
or replacement.
The bill requires portable filtration and air cleaners to be used only if
(1) the existing HVAC infrastructure cannot meet minimum filtration
and ventilation requirements or (2) recommended by a mechanical 2022SB-00423-R000320-BA.DOCX
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engineer, to enhance the permanent HVAC infrastructure when the
desired indoor air quality cannot be maintained with the mechanical
ventilation system or there are concerns about outdoor air contaminants
(e.g., due to wildfires or pollution).
Three-Year Assessment Schedule (§ 2(c))
Starting by July 1, 2024, and every three years thereafter, each board
of education, RESC, and state charter school must conduct a school air
quality assessment consistent with the program established in the bill.
The written assessment report must be available for public inspection,
posted on the entity’s website, and submitted to DOL.
Contractors and Technicians (§ 2(e) & (f))
The bill requires any remediation, additions, or alterations to an
HVAC system to be performed by a properly licensed HVAC
contractor. The contractor must employ a skilled and trained
construction workforce, consisting of journey persons and registered
apprentices in accordance with state law governing apprenticeship
programs and journey person-to-apprentice ratios at worksites. The bill
further requires that at least 60% of the workers are graduates of, or
registered in and attending, a DOL-registered apprenticeship program.
Also, all HVAC system testing and certifications must be performed
by a properly certified testing, adjusting and balancing technician.
Duty to Maintain HVAC Systems (§ 2(h))
Under the bill, each board of education, RESC, and state charter
school is responsible for the ongoing maintenance of HVAC systems in
a manner that continually maintains indoor air quality and temperature
and humidity ranges in school facilities during school activity hours in
accordance with DOL standards (see below). Each board of education,
RESC, and state charter school must participate in the federal
Environmental Protection Agency’s Air Quality Flag Program for
Schools.
Temperature Ranges and Closing Schools (§ 2(a) & (i))
The bill requires each board of education, RESC, and state charter 2022SB-00423-R000320-BA.DOCX
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school to close a school for the day if the school cannot maintain the
mandated public school temperature range for two or more consecutive
school activity hours. If this happens, it cannot lead to a pay reduction
for any board employee or board-contracted individual who was
scheduled to work on that day.
Under the bill, “public school temperature range” is a temperature
from 68 to 76 degrees Fahrenheit, and the “public school relative
humidity range” is relative humidity levels within 20% to 60%.
The bill requires DOL, by August 15, 2022, to establish mandatory
public school temperature and humidity ranges. The temperature and
relative humidity readings for public school facilities must be taken in a
location or locations that are illustrative of the highest and lowest
temperature and relative humidity in the school during school activity
hours. “School activity hours” means any time of day in which students
or school personnel occupy school facilities throughout the year.
§§ 2(j) & 4 — DEADLINE FOR COMPLIANCE WITH SCHOOL AIR
QUALITY PROGRAM
Under the bill, by June 30, 2026, and each year thereafter, each board
of education, RESC, and state charter school must (1) have HVAC
systems in their schools that can fully comply with the bill’s school air
quality program standards and (2) operate and maintain the systems in
accordance with the standards.
Under the bill, any board of education, RESC, or charter school
starting a project to remediate, replace, or install an HVAC system is
considered in compliance with the bill’s requirements, including the
June 30, 2026, deadline. The bill deems compliant any board or state
charter school that submits a completed school construction project
application to remediate, replace, or install an HVAC system to
maintain indoor air quality.
§ 3 — STATE REIMBURSEMENT GRANTS FOR HVAC SYSTEMS
By law, the administrative services commissioner, within the limits
of available funds, can approve school construction grants under certain
emergency situations outside of the standard application deadlines. 2022SB-00423-R000320-BA.DOCX
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The bill makes the installation, remediation, or replacement of HVAC
systems necessary to maintain indoor air quality and temperature and
humidity ranges in school facilities in accordance with DOL’s standards
eligible to receive state reimbursement for eligible costs under this
emergency provision.
Under existing law, the emergency provision is used to remedy
damages due to fire, catastrophe, and code violations, among other
things. Existing law also allows it to be used to remedy a certified school
indoor air quality emergency, which can only be declared by the public
health commissioner in specific situations.
§ 5 — COMPLAINTS AND INVESTIGATIONS
The bill requires each board of education, RESC, and state charter
school to designate a staff member to be responsible for receiving and
reporting to the superintendent (or appropriate person in the case of an
RESC or charter school) complaints of mold, evidence of pest
infestation, hazardous odors or chemicals, and poor indoor air quality.
The complaint process must be posted on the school’s or district’s
website.
Under the bill, each entity must forward complaints to (1) the
appropriate board at either the next regularly scheduled meeting or
within 60 days, whichever is earlier, and (2) any bargaining agent
representing workers at the affected building.
The relevant board of education, RESC, or state charter school must
investigate the complaint, including documentation of any physical
symptoms shown by students, staff, or visitors.
The bill includes the following as possible documentation:
1. urgent care referrals;
2. blood tests;
3. an OSHA 301 form or incident report forms;
4. workers’ compensation claims; and 2022SB-00423-R000320-BA.DOCX
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5. testing of any visible substance, including mold, chemicals, pest
droppings, infestations, or other substances, for the presence of a
health hazard.
If there is a confirmed health hazard, the board, RESC, or state charter
school must (1) notify DOL’s Division of Occupational Safety and
Health and (2) create and implement a plan to remedy the hazard.
The bill bans retaliating against, disciplining, or terminating any
employee for making an air quality complaint or reporting conditions
on indoor air quality. Any employee of a board of education, RESC, or
state charter school who believes that he or she has experienced
discrimination, retaliation, discipline, or termination for these reasons
may submit a complaint with DOL alleging the violation under the state
CONN-OSHA law against retaliation for health and safety complaints.
§ 6 — SCHOOL AIR QUALITY AND CTECS
The bill makes the installation, remediation, or replacement of HVAC
systems needed to continually maintain indoor air quality and
temperature and humidity ranges in school facilities eligible to receive
grants for the full cost of these projects for CTECS schools. To be eligible,
the system must comply with DOL’s standards under the bill. As a state-
owned and -operated system, CTECS receives grants to cover 100% of
the costs of these projects (unlike school districts, who must pay a
portion of the project costs depending upon a formula that uses the
property wealth of the town).
BACKGROUND
Related Bills
sSB 428, (§ 1), favorably reported by the Education Committee,
establishes a grant program to reimburse boards of education for
projects to improve indoor air quality in school buildings.
HB 5479, favorably reported by the Public Health Committee,
requires the Department of Public Health to establish an indoor air
quality monitoring program for public schools.
COMMITTEE ACTION 2022SB-00423-R000320-BA.DOCX
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Labor and Public Employees Committee
Joint Favorable
Yea 12 Nay 0 (03/22/2022)