Senate Bill No. 584
(By Senators Prezioso, White, Hunter, Jackson, Macnaughtan, McKenzie, Helmick, Bowman and Oliverio)
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[Introduced February 18, 1998; referred to the Committee on Education; and then to the Committee on Finance.]
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A BILL to amend chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, by adding thereto a new article, designated article nine-e, relating to indoor air quality in schools; short title; legislative findings; defining terms; requiring the adoption of an indoor air quality for schools management plan by the state board of education in cooperation with other state agencies; requiring dissemination of information; setting standards related to indoor air quality in the construction of new schools and renovations; creating an IAQ in schools task force; requiring a report on IAQ in school for each county and school; and requiring enforcement of the plan by the state board of education.

Be it enacted by the Legislature of West Virginia:
That chapter eighteen of the code of West Virginia, one thousand nine hundred thirty-one, as amended, be amended by adding thereto a new article, designated article nine-e, to read as follows:
ARTICLE 9E. INDOOR AIR QUALITY IN SCHOOLS ACT.
§18-9E-1. Short title.
This article shall be titled and may be cited as the "Indoor Air Quality in Schools of 1998."
§18-9E-2. Findings.
The Legislature finds that:
(a) The quality of indoor air in schools can either impede or assist a school in meeting its core mission -- educating students;
(b) Failure to prevent or quickly resolve indoor air quality problems in schools can:
(1) Increase the potential for long-term and short-term health problems;
(2) Reduce productivity for students, teachers and staff;
(3) Accelerate deterioration and reduce efficiency of heating/cooling equipment;
(4) Strain relationships among school administration and parents and staff; and
(5) Create potential liability problems.
(c) The United States government accounting office reports that over half of United States schools have problems which affect indoor air quality;
(d) In a radon-related investigation, the United States environmental protection agency found inadequate ventilation in most of the schools; and
(e) Nearly one in five schools has at least one room with radon above the EPA recommended action level of four picocuries per liter.
(f) The United States government accounting office reports forty-six percent of West Virginia schools have insufficient ventilation; over eighty percent of West Virginia schools report at least one unsatisfactory environmental factor, and thirty-one percent report unsatisfactory indoor air quality.
(g) The interest of this state in providing a healthy and safe school environment which is conducive to learning is advanced by ensuring that our public schools have good indoor air quality for their occupants.
§18-9E-3. Definition.
For the purposes of this article, the term:
(1) "School" means any public school in the state providing for the education of students in grades prekindergarten through twelfth grade.
(2) "United States environmental protection agency's IAQ tools for schools documents" means the materials contained in the one thousand nine hundred ninety-five edition, as may be amended in the future, including, but not limited to, the IAQ coordinator's guide, IAQ coordinator's forms, IAQ backgrounder, IAQ checklists, IAQ problem solving wheel and IAQ tools for schools -- ventilation basics video.
(3) "Plan" means the indoor air quality in schools management plan adopted pursuant to section five (a) of this article.
(4) "Task force" means the indoor air quality in schools task force created pursuant to section seven of this article.
§18-9E-4. Indoor air quality in schools management plan.
(a) Prior to the first day of September, one thousand nine hundred ninety-nine, the state board of education shall adopt an indoor air quality in schools management plan.
(b) On or before the first day of September, two thousand, every school in this state shall comply with the indoor air quality in schools management plan.
(c) The plan shall be developed by the state department of education in conjunction with the state department of health and human resources, the school building authority and the indoor air quality task force established in section five of this article.
(d) The plan shall, at a minimum, require schools to meet the guidelines established as part of the United States environmental protection agency's IAQ tools for schools documents.
The plan shall include, but not be limited to, the following components:
(i) Training for all relevant school personnel identified by the task force prior to the implementation of the plan; and
(ii) An implementation schedule for training and resources necessary to meet full compliance with the plan by the first day of September, two thousand.
§18-9E-5. Indoor air quality information for students, parents, and school employees.
(a) By the first day of September, one thousand nine hundred ninety-nine, students, parents and school employees shall receive information developed jointly by the department of education and the department of health and human resources, in consultation with the indoor air quality in schools task force regarding indoor air quality in schools, generally, and the state's plans to improve indoor air quality in schools.
(b) As school specific indoor air quality information is developed, the school in conjunction with the department of education and the department of health and human resources, shall make this information available to students, parents and school employees. This information shall include, but not be limited to, test results related to indoor air quality.
§18-9E-6. New school construction and school renovation.
(a) In an effort to create safe school environments and notwithstanding any other provision of this code to the contrary, any new school constructed in the state of West Virginia by a county board of education, regardless of the funding source, shall be constructed in compliance with current codes and standards of the American society of heating, refrigerating and air conditioning engineers (ASHRAE), the national fire protection association (NFPA) and the building officials and code administrators (BOCA).
Additionally:
(b) All new school buildings constructed in this state in zone one as identified in the United States environmental protection agency (EPA) publication "EPA Map of Radon Zones" (document number EPA 402-R-93-068) shall incorporate an active soil depressurization system constructed in conformity with the specifications recommended in the EPA publication "Radon Prevention in the Design and Construction of Schools and Other Large Buildings" (document number EPA 625-R-92-016). Prior to construction of a new school building in zones two or three as identified in the "EPA Map of Radon Zones," tests required by school building authority regulations shall be conducted to determine if radon is present at the proposed construction site. If radon is detected, additional tests will be performed within thirty days to confirm the results. If radon is detected, additional tests shall be performed within thirty days to confirm the results. If radon is found during both tests in detectable amounts, any new school building constructed on that site shall incorporate an active soil depressurization system as required for new buildings in zone one.
(c) All applications and bids to perform new school construction or school renovation building projects costing over five thousand dollars must include provisions to assure that:
(1) The design and construction of the new building, addition or renovation facilitates good indoor air quality for its occupants; and
(2) The design and construction of the new building, addition or renovation facilitates operation and maintenance of the school in such a manner that promotes good indoor air quality.
(d) Prior to approval of new school construction or school addition or renovation projects costing over five thousand dollars, the public body funding the school construction, shall determine that the building plan appropriately considers and addresses:
(1) Indoor air quality concerns related to the design and construction of the new school building or building portion (in the case of renovation) so as to foster good indoor air quality;
(2) The design elements of the new building, addition or renovation which facilitate operation and maintenance of the school in such a manner that promotes good indoor air quality; and
(3) The need to transfer, from the design team to operations and maintenance personnel, important information on the proper operation and maintenance of the building and its systems so as to foster good indoor air quality.
(e) Prior to occupancy of any school building constructed after the effective date of this article, the heating ventilation and air conditioning system shall be flow tested to ensure compliance with the standards set forth in this article.
§18-9E-7. Indoor air quality in schools task force.
(a) An indoor air quality in schools task force, consisting of thirteen members, is hereby established.
(b) Members of the task force shall include the following:
(1) One person appointed by the commissioner of the department of health and human resources;
(2) One person appointed by the school building authority;
(3) One person appointed by the state board of education;
(4) One member of the West Virginia House of Delegates appointed by the speaker of the House;
(5) One member of the West Virginia Senate appointed by the president of the Senate;
(6) One representative each from the following groups to be appointed by the governor:
(A) Nonprofit health organization;
(B) State licensed architect or engineer actively engaged in the practice of school design and construction;
(C) A representative of the general public; and
(D) A member of a county board of education.
(7) Three members who are classroom teachers employed in public schools elected by the classroom teachers employed in the state; and
(8) One member who is a school service personnel employed in public schools and elected by school service personnel employed in the state.
(c) The state superintendent of schools shall set the first meeting of the task force within thirty days of receiving notice of the appointments thereto but in no case later than the first day of August, one thousand nine hundred ninety-eight.
At the first meeting, the task force shall elect a chair from its members who shall call and preside at all subsequent meetings.
(d) Duties and responsibilities of the task force shall be to:
(1) Actively participate in the development of the indoor air quality in schools management plan in cooperation with the state department of education, the school building authority and the state department of health and human resources.
(2) Recommend education materials for distribution to students, parents and school personnel on indoor air quality in schools and develop guidelines for the dissemination of indoor air quality test results and information to students, parents and school personnel.
(3) Recommend training requirements for school maintenance and other employees.
(4) Identify interim changes that can be readily implemented by school officials to improve indoor air quality in schools pending full compliance with the indoor air quality in school management plan; and
(5) Identify the need for additional resources and/or authority for schools so as to assure good indoor air quality for students and school personnel.
(e) In activities (d) (1) - (4) above, the task force shall rely to the extent appropriate on the United States environmental protection agency's IAQ tools for schools documents.
(f) The state department of education and the state department of health and human resources and the school building authority shall provide staff support and technical assistance to the task force in meeting these responsibilities.
§18-9E-8. Indoor air quality in schools report.
(a) The indoor air quality in schools task force shall report its findings and recommendations in an indoor air quality in schools report to the Legislature no later than the first day of July, one thousand nine hundred ninety-nine.
(b) The indoor air quality in schools report shall be sent to the superintendent of each county board of education and the faculty senate of every school in the state.
(c) The indoor air quality in schools report shall be made available to the public upon request.
§18-9E-9. Enforcement.
The state board of education shall adopt policies and rules to ensure compliance with the indoor air quality in schools plan and shall annually notify the faculty senate and local school improvement council of any school where, after the first day of September, two thousand, the school is not in compliance with the plan and that noncompliance poses health risks to the school's occupants.
§18-9E-10. Relationship to other health and safety provisions.
Nothing in this article shall be construed to conflict with other health and safety provisions or preempt more stringent health and safety requirements in this state.
NOTE: The purpose of this bill is to ensure a healthy and safe
environment which is conducive to learning in all West Virginia schools by ensuring good indoor air quality to the occupants of those buildings. This goal would be accomplished by the adoption and enforcement of an indoor air quality in schools management plan by the state board of education in conjunction with the state department of health and human resources, the school building authority and a task force created in this article. The bill also establishes guidelines related to indoor air quality for new construction and renovation of school buildings.

This article is new; therefore, strike-throughs and underscoring have been omitted.