Connecticut 2022 Regular Session

Connecticut Senate Bill SB00423 Compare Versions

Version 1 (Old)

Version 2 (New)

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5		-	General Assembly Substitute Bill No. 423
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	5	+	LCO No. 3105 1 of 10
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	7	+	General Assembly Raised Bill No. 423
6	8		February Session, 2022
	9	+	LCO No. 3105
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	11	+
	12	+	Referred to Committee on LABOR AND PUBLIC EMPLOYEES
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	14	+
	15	+	Introduced by:
	16	+	(LAB)
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10	21		AN ACT IMPROVING INDOOR AIR QUALITY IN PUBLIC SCHOOL
11	22		CLASSROOMS.
12	23		Be it enacted by the Senate and House of Representatives in General
13	24		Assembly convened:
14	25
15		-	Section 1. (NEW) (Effective from passage) As used in this section and 1
	26	+	Section 1. (NEW) (Effective from passage) (a) As used in this section and 1
16	27		sections 2 to 6, inclusive, of this act: 2
17	28		(1) "Commissioner" means the Labor Commissioner or the 3
18	29		commissioner's designee; 4
19	30		(2) "Commission" means the Occupational Safety and Health Review 5
20	31		Commission established under section 31-376 of the general statutes; 6
21	32		(3) "Person" means one or more individuals, partnerships, 7
22	33		associations, corporations, limited liability companies, business trusts, 8
23	34		legal representatives or any organized group of persons; 9
24	35		(4) "Employee" means any person engaged in service to an employer 10
25	36		in a business of his employer; 11
26	37		(5) "Local or regional board of education" means local and regional 12
27		-	boards of education as used in title 10 of the general statutes and 13
	38	+	boards of education as used in title 10 of the general statutes and 13 Raised Bill No. 423
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	40	+
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28	44		includes regional educational service centers and state charter schools; 14
29	45		(6) "School facilities" means any permanent building or portable 15
30		-	building or structure or commercial space owned, rented, operated or 16 Substitute Bill No. 423
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	46	+	building or structure or commercial space owned, rented, operated or 16
35	47		leased by boards of education and charters, including donated space, 17
36	48		used as a classroom or day care, or any other space for education 18
37	49		services including, but not limited to, classrooms, cafeterias, staff 19
38	50		lounges, staff offices, auditoriums, gymnasiums or libraries; 20
39	51		(7) "Heating, ventilation and air conditioning system" means the 21
40	52		equipment, distribution network and terminals that provide, either 22
41	53		collectively or individually, heating, ventilation or air conditioning to a 23
42	54		building; 24
43	55		(8) "School activity hours" means any time of day in which students 25
44	56		or school personnel occupy school facilities throughout the year; 26
45	57		(9) "ASHRAE Standard 62" means the most recent American National 27
46	58		Standards Institute/American Society of Heating, Refrigerating and 28
47	59		Air-conditioning Engineers Standard 62.1 entitled "ventilation for 29
48	60		acceptable indoor air quality"; 30
49	61		(10) "Indoor air quality" means the overall potential health factors 31
50	62		within a school facility, including air quality, mold levels and other 32
51	63		potentially harmful toxins; 33
52	64		(11) "Routine indoor air monitoring program" means testing 34
53	65		procedures, testing protocols and testing frequency to ensure that 35
54	66		indoor air quality and the maintenance and operation of heating, 36
55	67		ventilation and air conditioning systems are in accordance with 37
56	68		ASHRAE Standard 62; 38
57	69		(12) "Public school temperature range" means a temperature from 39
58	70		sixty-eight degrees Fahrenheit to seventy-six degrees Fahrenheit; 40
59	71		(13) "Public school relative humidity range" means relative humidity 41
60		-	levels within twenty to sixty per cent; 42
	72	+	levels within twenty to sixty per cent; 42 Raised Bill No. 423
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	74	+
	75	+
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61	78		(14) "Properly licensed heating, ventilation and air conditioning 43
62	79		contractor" means a contractor who is licensed in accordance with 44
63		-	chapter 393 of the general statutes; 45 Substitute Bill No. 423
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	80	+	chapter 393 of the general statutes; 45
68	81		(15) "Properly certified testing, adjusting and balancing technician" 46
69	82		means a technician certified to perform testing, adjusting and balancing 47
70	83		of heating, ventilation and air conditioning systems by the Associated 48
71	84		Air Balance Council, the National Environmental Balancing Bureau or 49
72	85		the Testing, Adjusting and Balancing Bureau, or individuals training 50
73	86		under the supervision of a Testing, Adjusting and Balancing Bureau 51
74	87		certified technician or a person certified to perform ventilation 52
75	88		assessments of heating, ventilation and air conditioning systems 53
76	89		through a certification body accredited by the American National 54
77	90		Standards Institute; and 55
78	91		(16) "Skilled and trained construction workforce" means a workforce, 56
79	92		managed in conformance with the Davis-Beacon of 1931 40 USC 3145, 57
80	93		et seq., as amended from time to time, in which at least sixty per cent of 58
81	94		the workers are graduates of or registered in and attending an 59
82	95		apprenticeship program registered with the Labor Department's office 60
83	96		of apprenticeship training. 61
84	97		Sec. 2. (NEW) (Effective July 1, 2022) (a) On or before August 15, 2022, 62
85	98		the Labor Department shall establish: (1) A mandatory public school 63
86	99		temperature range; and (2) a mandatory public school relative humidity 64
87	100		range. The temperature and relative humidity readings for public school 65
88	101		facilities shall be taken in a location or locations that are illustrative of 66
89	102		the highest and lowest temperature and relative humidity in the school 67
90	103		facility during school activity hours. 68
91	104		(b) (1) On or before June 30, 2023, the Labor Commissioner, in 69
92	105		consultation with the Commissioner of Education and the Secretary of 70
93	106		the Office of Policy and Management, or their designees, shall establish 71
94	107		a routine school indoor air quality assessment and ventilation 72
95	108		monitoring program that is consistent with the minimum requirements 73
96		-	of the ASHRAE Standard 62 and the provisions of this section for use 74
	109	+	of the ASHRAE Standard 62 and the provisions of this section for use 74 Raised Bill No. 423
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97	115		by local and regional boards of education. The Labor Commissioner 75
98	116		shall post the requirements of such program on the Labor Department's 76
99		-	Internet web site. 77 Substitute Bill No. 423
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	117	+	Internet web site. 77
104	118		(2) The routine indoor air quality assessment and ventilation 78
105	119		monitoring program shall require any ventilation assessment be 79
106	120		performed by a certified Testing, Adjusting and Balancing technician or 80
107	121		mechanical engineer. The ventilation assessment shall verify whether 81
108	122		the existing mechanical ventilation system is operating in accordance 82
109	123		with design parameters, meets the requirements of the La bor 83
110	124		Department and follows the recommendations of the American Society 84
111	125		of Heating, Refrigerating and Air-Conditioning Engineers for 85
112	126		ventilation needs during the 2020 coronavirus disease pandemic. The 86
113	127		ventilation assessment for heating, ventilation and air conditioning 87
114	128		systems shall include: (A) Testing for maximum filter efficiency; (B) 88
115	129		physical measurements of outside air rate; (C) verification of operation 89
116	130		of ventilation components; (D) measurement of all air distribution inlets 90
117	131		and outlets; (E) verification of unit operation and that required 91
118	132		maintenance has been performed in accordance with ASHRAE 92
119	133		Standard 62.1 – 2019 Section 8 and Table 8-1; (F) verification of control 93
120	134		sequences; (G) verification of carbon dioxide sensors; and (H) collection 94
121	135		of field data for the installation of mechanical ventilation if none exist. 95
122	136		(3) The indoor air quality and ventilation assessment shall result in a 96
123	137		written report reviewed by a mechanical engineer and shall include 97
124	138		appropriate corrective actions needed for the mechanical ventilation 98
125	139		system or the heating, ventilation and air conditioning infrastructure, 99
126	140		including installation of appropriate filters, installation of carbon 100
127	141		dioxide sensors and additional maintenance, repairs, upgrades or 101
128	142		replacement. 102
129	143		(c) On or before July 1, 2024, and every three years thereafter, each 103
130	144		local and regional board of education shall conduct an indoor air quality 104
131	145		and ventilation assessment in a manner consistent with the Labor 105
132	146		Department's routine school indoor air quality assessment and 106
133		-	ventilation monitoring program established in this section. The written 107
	147	+	ventilation monitoring program established in this section. The written 107 Raised Bill No. 423
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134	153		assessment report shall be made available for public inspection, posted 108
135	154		on the local or regional board of education's Internet web site and 109
136		-	submitted to the Labor Department. 110 Substitute Bill No. 423
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	155	+	submitted to the Labor Department. 110
141	156		(d) The Labor Department shall require all local and regional boards 111
142	157		of education to make the appropriate corrective actions identified in the 112
143	158		ventilation assessment report. The corrective actions shall include 113
144	159		testing, adjusting and balancing the public school mechanical 114
145	160		ventilation system and, if necessary or cost effective, repair, upgrade or 115
146	161		replacement of the existing heating, ventilation and air conditioning 116
147	162		system or the installation of a stand-alone mechanical ventilation 117
148	163		system. The corrective actions identified in the ventilation assessment 118
149	164		may include general maintenance, reading and adjustment of 119
150	165		ventilation rates, filter replacement to meet a minimum efficiency 120
151	166		reporting value of at least thirteen, if equipment allows, while assuring 121
152	167		the pressure drop is less than the fan's capability, carbon dioxide 122
153	168		monitor installation or whole system installation or replacement. 123
154	169		Portable filtration and air cleaners shall be used only if the existing 124
155	170		heating, ventilation and air conditioning infrastructure cannot meet 125
156	171		minimum filtration and ventilation requirements or, as recommended 126
157	172		by a mechanical engineer, as supplemental enhancement to the 127
158	173		permanent heating, ventilation and air conditioning infrastructure 128
159	174		when the desired indoor air quality cannot be maintained with the 129
160	175		mechanical ventilation system or there are concerns with outdoor air 130
161	176		contaminants such as those created by wildfires and pollution. 131
162	177		(e) Any remediation, additions or alterations to a heating, ventilation 132
163	178		and air conditioning system shall be performed by a properly licensed 133
164	179		heating, ventilation and air conditioning contractor employing a skilled 134
165	180		and trained construction workforce consisting of journey persons and 135
166	181		registered apprentices, pursuant to title 31 of the general statutes, in 136
167	182		accordance with chapter 393 of the general statutes. 137
168	183		(f) All testing and certifications of a heating, ventilation and air 138
169	184		conditioning system shall be performed by a properly certified testing, 139
170		-	adjusting and balancing technician. 140
	185	+	adjusting and balancing technician. 140 Raised Bill No. 423
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171	191		(g) The Labor Commissioner, in consultation with the Commissioner 141
172	192		of Education and the Secretary of the Office of Policy and Management, 142
173		-	or their designees, shall approve the routine indoor air monitoring 143 Substitute Bill No. 423
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	193	+	or their designees, shall approve the routine indoor air monitoring 143
178	194		program at least every three years to ensure the efficacy of the program 144
179	195		and shall review the program in the event of a public health emergency 145
180		-	or other ~~event~~ potentially impacting indoor air quality in schools across 146
181		-	~~the~~ state. 147
	196	+	or other potentially impacting indoor air quality in schools across the 146
	197	+	state. 147
182	198		(h) Local and regional boards of education shall be responsible for the 148
183	199		ongoing maintenance of heating, ventilation and air conditioning 149
184	200		systems in a manner enabling such systems to continually maintain 150
185	201		indoor air quality and temperature and humidity ranges in school 151
186	202		facilities during school activity hours in accordance with standards 152
187	203		adopted by the Labor Department pursuant to this section. Each local 153
188		-	and regional ~~board~~ of education shall participate in the United States 154
	204	+	and regional boards of education shall participate in the United States 154
189	205		Environmental Protection Agency's Air Quality Flag Program for 155
190	206		Schools. 156
191		-	(i) Each local and regional ~~board~~ of education shall close a school for 157
	207	+	(i) Each local and regional boards of education shall close a school for 157
192	208		the day if the mandated public school temperature range cannot be 158
193	209		maintained by the school for two or more consecutive school activity 159
194	210		hours. Any school closure required pursuant to this subsection shall not 160
195	211		result in diminishment of pay for any board of education employee or 161
196		-	any employee contracted to work for such board of education ~~that~~ was 162
	212	+	any employee contracted to work for such board of education, who was 162
197	213		scheduled to work on such day or days. 163
198	214		(j) On or before June 30, 2026, and each year thereafter, each local and 164
199	215		regional board of education shall have in place a heating, ventilation 165
200	216		and air conditioning system capable of being in full compliance with the 166
201	217		indoor air quality, temperature and humidity monitoring program 167
202	218		standards established pursuant to subsection (b) of this section and shall 168
203	219		operate and maintain such system in accordance with such standards. 169
204	220		Sec. 3. Subsection (b) of section 10-283 of the 2022 supplement to the 170
205	221		general statutes is repealed and the following is substituted in lieu 171
206		-	thereof (Effective from passage): 172
	222	+	thereof (Effective from passage): 172 Raised Bill No. 423
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207	228		(b) (1) Notwithstanding the application date requirements of this 173
208	229		section, at any time within the limit of available grant authorization and 174
209		-	within the limit of appropriated funds, the Commissioner of 175 Substitute Bill No. 423
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	230	+	within the limit of appropriated funds, the Commissioner of 175
214	231		Administrative Services, in consultation with the Commissioner of 176
215	232		Education, may approve applications for grants and make payments for 177
216	233		such grants, for any of the following reasons: (A) To assist school 178
217	234		building projects to remedy damage from fire and catastrophe, (B) to 179
218	235		correct safety, health and other code violations, (C) to replace roofs, 180
219	236		including the replacement or installation of skylights as part of the roof 181
220	237		replacement project, (D) to remedy a certified school indoor air quality 182
221	238		emergency, (E) to install insulation for exterior walls and attics, (F) to 183
222	239		purchase and install a limited use and limited access elevator, windows, 184
223	240		photovoltaic panels, wind generation systems, building management 185
224	241		systems, a public school administrative or service facility or portable 186
225	242		classroom buildings, provided portable classroom building projects 187
226	243		shall not create a new facility or cause an existing facility to be modified 188
227	244		so that the portable buildings comprise a substantial percentage of the 189
228	245		total facility area, as determined by the commissioner, [or] (G) for school 190
229	246		security projects, including, but not limited to, making improvements to 191
230	247		existing school security infrastructure or installing new school security 192
231	248		infrastructure, or (H) for the installation, remediation or replacement of 193
232	249		heating, ventilation and air conditioning systems necessary to 194
233	250		continually maintain indoor air quality and temperature and humidity 195
234	251		ranges in school facilities during school activity hours in accordance 196
235	252		with standards adopted by the Labor Department pursuant to section 2 197
236	253		of this act. 198
237	254		(2) Not later than seven calendar days following the discovery of a 199
238	255		reason described in subparagraphs (A) to (F), inclusive, of subdivision 200
239	256		(1) of this subsection, the superintendent of schools of a town or regional 201
240	257		school district shall notify the Commissioner of Administrative Services 202
241	258		in writing of such reason in order to be eligible for a grant under this 203
242	259		subsection. Such superintendent shall submit an application to the 204
243	260		commissioner not later than six months following such notification in 205
244		-	order to receive a grant under this subsection. 206
	261	+	order to receive a grant under this subsection. 206 Raised Bill No. 423
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245	267		Sec. 4. (NEW) (Effective from passage) (a) Any local or regional board 207
246	268		of education, regional educational service center or charter school 208
247		-	commencing a project to remediate, replace or install a heating, 209 Substitute Bill No. 423
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	269	+	commencing a project to remediate, replace or install a heating, 209
252	270		ventilation and air conditioning system shall be considered to be in 210
253	271		compliance with the provisions of subsection (j) of section 2 of this act. 211
254	272		(b) Any local or regional board of education or charter school eligible 212
255	273		for reimbursement for school construction projects pursuant to chapter 213
256	274		173 of the general statutes, that submits a completed application to 214
257	275		remediate, replace or install a heating, ventilation and air conditioning 215
258	276		system to continually maintain indoor air quality and temperature and 216
259	277		humidity ranges in school facilities during school activity hours, shall 217
260	278		be considered to be in compliance with the provisions of subsection (j) 218
261	279		of section 2 of this act. 219
262	280		Sec. 5. (NEW) (Effective July 1, 2022) (a) Each superintendent for a local 220
263	281		or regional board of education, regional educational service center or 221
264	282		charter school shall: 222
265	283		(1) Designate an individual within each local and regional board of 223
266		-	education to be responsible for receiving and reporting to the 224
267		-	superintendent complaints of mold, evidence of pest infestation, 225
	284	+	education to be responsible for receiving, and reporting to the 224
	285	+	superintendent, complaints of mold, evidence of pest infestation, 225
268	286		hazardous odors or chemicals and poor indoor air-quality; 226
269	287		(2) Make available on the district's Internet web site the procedure for 227
270	288		any party to file such complaint with the designated individual; 228
271	289		(3) Duly forward any such complaints, in writing, to each bargaining 229
272	290		agent representative representing members who work or visit the 230
273	291		affected building, including, but not limited to, teachers, paraeducators, 231
274	292		nurses, custodians, administrative staff and bus workers; and 232
275	293		(4) Report complaints, in writing, to the corresponding board of 233
276	294		education at either the next regularly scheduled meeting or within sixty 234
277	295		calendar days, whichever is earlier. 235
278		-	(b) Any indoor air quality complaint filed under subsection (a) of this 236
	296	+	(b) Any indoor air quality complaint filed under subsection (a) of this 236 Raised Bill No. 423
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279	302		section shall be investigated by local and regional boards of education, 237
280	303		including documentation of any physical symptoms exhibited by 238
281		-	students, staff or visitors, including, but not limited to, urgent care 239 Substitute Bill No. 423
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	304	+	students, staff or visitors, including, but not limited to, urgent care 239
286	305		referrals, blood test, an OSHA 301 form or incident report forms, 240
287	306		workers' compensation claims and the testing of any visible substance, 241
288	307		including, but not limited to, mold, chemicals, pest droppings, 242
289	308		infestations or other such substance, for the presence of a health hazard. 243
290	309		Upon confirmation of the presence of a health hazard, the local or 244
291	310		regional board of education shall notify the Labor Department's 245
292	311		Division of Occupational Safety and Health of such hazard, and the local 246
293	312		and regional board of education shall create and implement a plan for 247
294	313		remedying such hazard. 248
295	314		(c) No employer that is a local or regional board of education, 249
296	315		regional education service center or state charter school shall retaliate 250
297	316		against, discipline or terminate any employee for filing a complaint or 251
298	317		reporting conditions regarding indoor air quality under section 5 of this 252
299	318		act. 253
300		-	(d) Any employee of a local and regional ~~board~~ of education, regional 254
301		-	educational service ~~center or~~ state charter ~~school~~ who ~~believes~~ that ~~such~~ 255
302		-	employee has experienced discrimination, retaliation, discipline or 256
303		-	termination by ~~his or her~~ employer for filing a complaint or reporting 257
	319	+	(d) Any employee of local and regional boards of education, regional 254
	320	+	educational service centers and state charter schools who believe that 255
	321	+	such employee has experienced discrimination, retaliation, discipline or 256
	322	+	termination by their employer for filing a complaint or reporting 257
304	323		conditions regarding indoor air quality under section 5 of this act may 258
305	324		submit a complaint alleging such violation in accordance with section 259
306	325		31-379 of the general statutes. 260
307	326		Sec. 6. Subsection (a) of section 10-283b of the 2022 supplement to the 261
308	327		general statutes is repealed and the following is substituted in lieu 262
309	328		thereof (Effective from passage): 263
310	329		(a) On and after July 1, 2011, the Commissioner of Administrative 264
311	330		Services shall include school building projects for the Technical 265
312	331		Education and Career System on the list developed pursuant to section 266
313	332		10-283. The adoption of the list by the General Assembly and 267
314		-	authorization by the State Bond Commission of the issuance of bonds 268
	333	+	authorization by the State Bond Commission of the issuance of bonds 268 Raised Bill No. 423
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	335	+
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315	339		pursuant to section 10-287d shall fund the full cost of the projects. On or 269
316	340		after July 1, 2011, the Commissioner of Administrative Services, in 270
317		-	consultation with the Commissioner of Education, may approve 271 Substitute Bill No. 423
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	341	+	consultation with the Commissioner of Education, may approve 271
322	342		applications for grants to assist school building projects for the 272
323	343		Technical Education and Career System to remedy damage from fire 273
324	344		and catastrophe, to correct safety, health and other code violations, to 274
325	345		replace roofs, to remedy a certified school indoor air quality emergency, 275
326	346		for the installation, remediation or replacement of heating, ventilation 276
327	347		and air conditioning systems necessary to continually maintain indoor 277
328	348		air quality and temperature and humidity ranges in school facilities 278
329	349		during school activity hours in accordance with standards adopted by 279
330	350		the Labor Department pursuant to section 2 of this act, or to purchase 280
331	351		and install portable classroom buildings at any time within the limit of 281
332	352		available grant authorization and to make payments on such a project 282
333	353		within the limit of appropriated funds, provided portable classroom 283
334	354		building projects do not create a new facility or cause an existing facility 284
335	355		to be modified so that the portable buildings comprise a substantial 285
336	356		percentage of the total facility area, as determined by the Commissioner 286
337	357		of Administrative Services. Such projects shall be subject to the 287
338	358		requirements of chapters 59 and 60. 288
339	359		This act shall take effect as follows and shall amend the following
340	360		sections:
341	361
342	362		Section 1 from passage New section
343	363		Sec. 2 July 1, 2022 New section
344	364		Sec. 3 from passage 10-283(b)
345	365		Sec. 4 from passage New section
346	366		Sec. 5 July 1, 2022 New section
347	367		Sec. 6 from passage 10-283b(a)
348	368
349		-	Statement of Legislative Commissioners:
350		-	In Section 2(g) "other potentially" was changed to "other event
351		-	potentially" for clarity; in Section 2(h) and (i), "boards of education" was
352		-	changed to "board of education" for proper grammar; and in Section
353		-	5(d), "Any employee of local and regional boards of education, regional
354		-	educational service center and state charter school who believe that such
355		-	employee has experienced discrimination, retaliation, discipline or
356		-	termination by their employer" was changed to "Any employee of a local
357		-	and regional board of education, regional educational service center or
358		-	state charter school who believes that such employee has experienced Substitute Bill No. 423
359		-
360		-
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362		-
363		-	discrimination, retaliation, discipline or termination by his or her
364		-	employer" for consistency and proper grammar.
365		-
366		-	LAB Joint Favorable Subst. -LCO
	369	+	Statement of Purpose:
	370	+	To require local and regional boards of education to maintain healthy
	371	+	indoor air quality in their schools.
	372	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	373	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	374	+	underlined.]
367	375