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4 | 4 | | |
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5 | 5 | | 2025 -- H 5597 |
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6 | 6 | | ======== |
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7 | 7 | | LC001436 |
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8 | 8 | | ======== |
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9 | 9 | | S T A T E O F R H O D E I S L A N D |
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10 | 10 | | IN GENERAL ASSEMBLY |
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11 | 11 | | JANUARY SESSION, A.D. 2025 |
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12 | 12 | | ____________ |
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13 | 13 | | |
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14 | 14 | | A N A C T |
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15 | 15 | | RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS |
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16 | 16 | | Introduced By: Representatives Cotter, Ajello, Potter, Carson, Bennett, and Diaz |
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17 | 17 | | Date Introduced: February 26, 2025 |
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18 | 18 | | Referred To: House Education |
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19 | 19 | | |
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20 | 20 | | |
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21 | 21 | | It is enacted by the General Assembly as follows: |
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22 | 22 | | SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is 1 |
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23 | 23 | | hereby amended by adding thereto the following section: 2 |
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24 | 24 | | 16-21-43. School air quality. 3 |
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25 | 25 | | (a) The following words and phrases when used in this section shall be construed as 4 |
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26 | 26 | | follows: 5 |
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27 | 27 | | (1) “ASHRAE” means the American Society of Heating, Refrigerating and Air 6 |
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28 | 28 | | Conditioning Engineers. 7 |
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29 | 29 | | (2) “HVAC” means heating, ventilation and air conditioning. 8 |
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30 | 30 | | (3) "Mechanical engineer” means a professional engineer certified as a mechanical 9 |
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31 | 31 | | engineer by the board of registration for professional engineers, and who meets the requirements 10 |
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32 | 32 | | under § 5-8-11, and who has professional experience with heating, ventilation, and air conditioning 11 |
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33 | 33 | | systems. 12 |
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34 | 34 | | (4) "Mechanical ventilation system" means a building ventilation system provided by 13 |
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35 | 35 | | mechanically powered, permanent equipment, such as motor-driven fans and blowers, and includes 14 |
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36 | 36 | | carbon dioxide monitoring. The term does not include devices such as wind-driven turbine 15 |
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37 | 37 | | ventilators, portable air cleaning and filtration devices and mechanically operated windows. 16 |
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38 | 38 | | (5) “MERV” means minimum efficiency reporting value. 17 |
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39 | 39 | | (6) “PM2.5” means particles less than two and one-half (2.5) micrometers in diameter. 18 |
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40 | 40 | | (7) “PM10” means particles less than ten (10) micrometers in diameter. 19 |
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41 | 41 | | |
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42 | 42 | | |
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43 | 43 | | LC001436 - Page 2 of 4 |
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44 | 44 | | (8) “Qualified adjusting personnel” means either of the following: 1 |
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45 | 45 | | (i) A certified testing, adjusting, and balancing (TAB) technician; or 2 |
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46 | 46 | | (ii) A skilled and trained workforce under the supervision of a certified TAB technician. 3 |
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47 | 47 | | (9) "Qualified testing personnel” means a certified TAB technician or a person certified to 4 |
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48 | 48 | | perform ventilation verification assessments of heating, ventilation, and air conditioning systems 5 |
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49 | 49 | | through a certification body accredited under the ISO/IEC 17024 personnel certification standard. 6 |
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50 | 50 | | (10) "Skilled and trained construction workforce” means a workforce, managed in 7 |
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51 | 51 | | conformance with the Davis-Bacon Act, P.L. 71-798, 46 Stat.1494, 40 U.S.C. § 3141-3148, in 8 |
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52 | 52 | | which at least sixty percent (60%) of the workers are graduates of or registered in and attending an 9 |
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53 | 53 | | apprenticeship program registered with the department of labor and training (DLT), division of 10 |
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54 | 54 | | apprenticeship training. 11 |
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55 | 55 | | (11) “Verification” means the process of evaluating a system, component, or product to 12 |
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56 | 56 | | determine whether it complies with specified requirements, design specifications, or regulations. 13 |
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57 | 57 | | (b) The department of health shall establish by regulation recommended standards for 14 |
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58 | 58 | | indoor air quality in schools, including recommended thresholds and/or rates for the following: 15 |
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59 | 59 | | (1) Temperature; 16 |
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60 | 60 | | (2) Humidity; 17 |
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61 | 61 | | (3) Carbon dioxide; 18 |
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62 | 62 | | (4) PM2.5; 19 |
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63 | 63 | | (5) PM10; 20 |
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64 | 64 | | (6) Ventilation; and 21 |
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65 | 65 | | (7) Filtration. 22 |
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66 | 66 | | (c) The department of education shall establish a program to undertake a uniform 23 |
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67 | 67 | | inspection and evaluation of the indoor air quality within each school building, including heating, 24 |
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68 | 68 | | ventilation and air conditioning systems when present. The program shall be conducted in 25 |
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69 | 69 | | conjunction with the local school boards. Any deficiencies from the department of health 26 |
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70 | 70 | | recommendations established pursuant to the provisions of subsection (b) of this section shall be 27 |
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71 | 71 | | included with the estimated cost of remediation in the capital construction, reconstruction, 28 |
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72 | 72 | | maintenance, and other capital needs for schools, as outlined in §16-105-3. The inspection and 29 |
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73 | 73 | | evaluation shall be performed using a skilled and trained construction workforce at least once every 30 |
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74 | 74 | | five (5) years. The assessment shall include, but not be limited to, the following: 31 |
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75 | 75 | | (1) Measurements of temperature, humidity, carbon dioxide, PM2.5, and PM10; 32 |
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76 | 76 | | (2) Testing for maximum filter efficiency aiming for MERV 13 when feasible; 33 |
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77 | 77 | | (3) Assessment of MERV filter level and replacement routine; 34 |
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78 | 78 | | |
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79 | 79 | | |
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80 | 80 | | LC001436 - Page 3 of 4 |
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81 | 81 | | (4) Measurements of outside air delivery rate; 1 |
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82 | 82 | | (5) Verification of the condition and operation of ventilation components, pursuant to 2 |
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83 | 83 | | specifications provided by the manufacturer; 3 |
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84 | 84 | | (6) Verification of unit operation and that required maintenance has been performed; 4 |
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85 | 85 | | (7) Verification of control sequences; 5 |
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86 | 86 | | (8) Measurement of all air distribution inlets and outlets; 6 |
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87 | 87 | | (9) Verification, replacement or installation of carbon dioxide sensors; and 7 |
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88 | 88 | | (10) Collection of field data for the installation of mechanical ventilation system or HVAC 8 |
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89 | 89 | | system if none exists. 9 |
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90 | 90 | | (d) The department of education shall make the inspection and evaluation results easily 10 |
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91 | 91 | | available online and send the test results directly to: 11 |
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92 | 92 | | (1) Each school's principal; 12 |
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93 | 93 | | (2) The department of elementary and secondary education; and 13 |
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94 | 94 | | (3) The appropriate local school board. 14 |
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95 | 95 | | (e) All schools with HVAC systems shall install filtration that achieves MERV levels of 15 |
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96 | 96 | | thirteen (13) to the extent determined to be feasible and appropriate for the existing HVAC system, 16 |
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97 | 97 | | as determined by the school board, in accordance with ASHRAE Standard 62.1- 2022 § 8 and Table 17 |
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98 | 98 | | 8–1. If it is determined by the school board that the existing HVAC system is not designed to 18 |
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99 | 99 | | achieve MERV levels of thirteen (13), the school shall install filtration that achieves the highest 19 |
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100 | 100 | | MERV level feasible without significantly reducing the lifespan or performance of the existing 20 |
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101 | 101 | | HVAC system. School personnel shall inspect and replace filters as recommended by manufacturer 21 |
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102 | 102 | | guidelines. All HVAC repairs, upgrades, or replacements shall be performed by a skilled and 22 |
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103 | 103 | | trained workforce. All HVAC adjustments shall be performed by qualified adjusting personnel. 23 |
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104 | 104 | | (e) The department of health and department of education are hereby authorized to 24 |
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105 | 105 | | promulgate rules and regulations necessary to carry out the purposes of this section. 25 |
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106 | 106 | | SECTION 2. This act shall take effect upon passage. 26 |
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108 | 108 | | LC001436 |
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110 | 110 | | |
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111 | 111 | | |
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112 | 112 | | LC001436 - Page 4 of 4 |
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113 | 113 | | EXPLANATION |
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114 | 114 | | BY THE LEGISLATIVE COUNCIL |
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115 | 115 | | OF |
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116 | 116 | | A N A C T |
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117 | 117 | | RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS |
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118 | 118 | | *** |
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119 | 119 | | This act would provide that the department of health provide recommended air quality 1 |
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120 | 120 | | standards for schools. This act would further provide that the department of education establish a 2 |
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121 | 121 | | program to test the air quality in schools and deficiencies in air quality would be addressed in the 3 |
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122 | 122 | | responsibilities of the school building authority pursuant to § 16-105-3. This act would also provide 4 |
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123 | 123 | | that HVAC systems in schools achieve a MERV level of 13 where practical. 5 |
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124 | 124 | | This act would take effect upon passage. 6 |
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126 | 126 | | LC001436 |
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