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