Rhode Island 2025 Regular Session

Rhode Island House Bill H5597 Compare Versions

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99 S T A T E O F R H O D E I S L A N D
1010 IN GENERAL ASSEMBLY
1111 JANUARY SESSION, A.D. 2025
1212 ____________
1313
1414 A N A C T
1515 RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
1616 Introduced By: Representatives Cotter, Ajello, Potter, Carson, Bennett, and Diaz
1717 Date Introduced: February 26, 2025
1818 Referred To: House Education
1919
2020
2121 It is enacted by the General Assembly as follows:
2222 SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is 1
2323 hereby amended by adding thereto the following section: 2
2424 16-21-43. School air quality. 3
2525 (a) The following words and phrases when used in this section shall be construed as 4
2626 follows: 5
2727 (1) “ASHRAE” means the American Society of Heating, Refrigerating and Air 6
2828 Conditioning Engineers. 7
2929 (2) “HVAC” means heating, ventilation and air conditioning. 8
3030 (3) "Mechanical engineer” means a professional engineer certified as a mechanical 9
3131 engineer by the board of registration for professional engineers, and who meets the requirements 10
3232 under § 5-8-11, and who has professional experience with heating, ventilation, and air conditioning 11
3333 systems. 12
3434 (4) "Mechanical ventilation system" means a building ventilation system provided by 13
3535 mechanically powered, permanent equipment, such as motor-driven fans and blowers, and includes 14
3636 carbon dioxide monitoring. The term does not include devices such as wind-driven turbine 15
3737 ventilators, portable air cleaning and filtration devices and mechanically operated windows. 16
3838 (5) “MERV” means minimum efficiency reporting value. 17
3939 (6) “PM2.5” means particles less than two and one-half (2.5) micrometers in diameter. 18
4040 (7) “PM10” means particles less than ten (10) micrometers in diameter. 19
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4444 (8) “Qualified adjusting personnel” means either of the following: 1
4545 (i) A certified testing, adjusting, and balancing (TAB) technician; or 2
4646 (ii) A skilled and trained workforce under the supervision of a certified TAB technician. 3
4747 (9) "Qualified testing personnel” means a certified TAB technician or a person certified to 4
4848 perform ventilation verification assessments of heating, ventilation, and air conditioning systems 5
4949 through a certification body accredited under the ISO/IEC 17024 personnel certification standard. 6
5050 (10) "Skilled and trained construction workforce” means a workforce, managed in 7
5151 conformance with the Davis-Bacon Act, P.L. 71-798, 46 Stat.1494, 40 U.S.C. § 3141-3148, in 8
5252 which at least sixty percent (60%) of the workers are graduates of or registered in and attending an 9
5353 apprenticeship program registered with the department of labor and training (DLT), division of 10
5454 apprenticeship training. 11
5555 (11) “Verification” means the process of evaluating a system, component, or product to 12
5656 determine whether it complies with specified requirements, design specifications, or regulations. 13
5757 (b) The department of health shall establish by regulation recommended standards for 14
5858 indoor air quality in schools, including recommended thresholds and/or rates for the following: 15
5959 (1) Temperature; 16
6060 (2) Humidity; 17
6161 (3) Carbon dioxide; 18
6262 (4) PM2.5; 19
6363 (5) PM10; 20
6464 (6) Ventilation; and 21
6565 (7) Filtration. 22
6666 (c) The department of education shall establish a program to undertake a uniform 23
6767 inspection and evaluation of the indoor air quality within each school building, including heating, 24
6868 ventilation and air conditioning systems when present. The program shall be conducted in 25
6969 conjunction with the local school boards. Any deficiencies from the department of health 26
7070 recommendations established pursuant to the provisions of subsection (b) of this section shall be 27
7171 included with the estimated cost of remediation in the capital construction, reconstruction, 28
7272 maintenance, and other capital needs for schools, as outlined in §16-105-3. The inspection and 29
7373 evaluation shall be performed using a skilled and trained construction workforce at least once every 30
7474 five (5) years. The assessment shall include, but not be limited to, the following: 31
7575 (1) Measurements of temperature, humidity, carbon dioxide, PM2.5, and PM10; 32
7676 (2) Testing for maximum filter efficiency aiming for MERV 13 when feasible; 33
7777 (3) Assessment of MERV filter level and replacement routine; 34
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8181 (4) Measurements of outside air delivery rate; 1
8282 (5) Verification of the condition and operation of ventilation components, pursuant to 2
8383 specifications provided by the manufacturer; 3
8484 (6) Verification of unit operation and that required maintenance has been performed; 4
8585 (7) Verification of control sequences; 5
8686 (8) Measurement of all air distribution inlets and outlets; 6
8787 (9) Verification, replacement or installation of carbon dioxide sensors; and 7
8888 (10) Collection of field data for the installation of mechanical ventilation system or HVAC 8
8989 system if none exists. 9
9090 (d) The department of education shall make the inspection and evaluation results easily 10
9191 available online and send the test results directly to: 11
9292 (1) Each school's principal; 12
9393 (2) The department of elementary and secondary education; and 13
9494 (3) The appropriate local school board. 14
9595 (e) All schools with HVAC systems shall install filtration that achieves MERV levels of 15
9696 thirteen (13) to the extent determined to be feasible and appropriate for the existing HVAC system, 16
9797 as determined by the school board, in accordance with ASHRAE Standard 62.1- 2022 § 8 and Table 17
9898 8–1. If it is determined by the school board that the existing HVAC system is not designed to 18
9999 achieve MERV levels of thirteen (13), the school shall install filtration that achieves the highest 19
100100 MERV level feasible without significantly reducing the lifespan or performance of the existing 20
101101 HVAC system. School personnel shall inspect and replace filters as recommended by manufacturer 21
102102 guidelines. All HVAC repairs, upgrades, or replacements shall be performed by a skilled and 22
103103 trained workforce. All HVAC adjustments shall be performed by qualified adjusting personnel. 23
104104 (e) The department of health and department of education are hereby authorized to 24
105105 promulgate rules and regulations necessary to carry out the purposes of this section. 25
106106 SECTION 2. This act shall take effect upon passage. 26
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113113 EXPLANATION
114114 BY THE LEGISLATIVE COUNCIL
115115 OF
116116 A N A C T
117117 RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
118118 ***
119119 This act would provide that the department of health provide recommended air quality 1
120120 standards for schools. This act would further provide that the department of education establish a 2
121121 program to test the air quality in schools and deficiencies in air quality would be addressed in the 3
122122 responsibilities of the school building authority pursuant to § 16-105-3. This act would also provide 4
123123 that HVAC systems in schools achieve a MERV level of 13 where practical. 5
124124 This act would take effect upon passage. 6
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