H. B. 2123
(By Delegates Laird, Campbell, Williams, Prunty
and Caputo)
[Introduced January 13, 1999; referred to the
Committee on Education then Finance.]
A BILL to amend and reenact sections one, two and three, article
nine-e, chapter eighteen of the code of West Virginia, one
thousand nine hundred thirty-one, as amended; and to further
amend said article by adding thereto five new sections,
designated sections four, five, six, seven and eight, all
relating to air quality in schools; short title; defining
terms; requiring the adoption of an air quality for schools
management plan by the state board of education in
cooperation with other state agencies; requiring testing to
ensure compliance, requiring dissemination of information;
setting standards related to air quality in the construction of new schools and renovations, creating an IAQ in schools
task force; and requiring a report on IAQ in school for each
county and school and requires enforcement of the plan by
the state board of education.
Be it enacted by the Legislature of West Virginia:
That sections one, two and three, article nine-e, chapter
eighteen of the code of West Virginia, one thousand nine hundred
thirty-one, as amended, be amended and reenacted; and that said
article be further amended by adding thereto five new sections,
designated sections four, five, six, seven and eight, all to read
as follows:
ARTICLE 9E. AIR QUALITY IN SCHOOLS ACT.
§18-9E-1. Short title.
This article is titled and may be cited as the "Air Quality
in New Schools Act of 1998 1999."
§18-9E-2. Definitions.
For the purposes of this article, the term:
(1) "New school building" means any public school in the
state for which design and construction begin after the first day
of July, one thousand nine hundred ninety-eight, for the
education of students in grades kindergarten through twelfth.
(2) "Plan" means the air quality in schools management plan adopted pursuant to section five-a of this article.
(3) "School" means any public school in the state providing
for the education of students in grades prekindergarten through
twelfth grade.
(4) "Task force" means the air quality in schools task
force created pursuant to section seven of this article.
(5) "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.
§18-9E-3. Air quality in new schools, additions and renovated
schools.
(a) In an effort to create well ventilated school
environments, and notwithstanding any other provision of this
code to the contrary, any new school building designed and
constructed in the state by a county board after the first day of
July, one thousand nine hundred ninety-eight, regardless of the
funding source, shall be designed and constructed in compliance
with the current standards of the American society of heating, refrigerating and air conditioning engineers handbook (ASHRAE),
the national fire protection association code (NFPA) and the code
of the building officials and code administrators (BOCA).
Prior to construction of any new school building in this
state, tests, as required by the school building authority rules
promulgated under the provisions of subsection (b) of this
section, shall be conducted to determine if radon is present at
the proposed construction site. If radon is detected, additional
tests shall be performed within thirty days to confirm the
results. If it is determined that radon is present in amounts
greater than the amount determined to be acceptable by the rules
promulgated by the school building authority, pursuant to
subsection (b) of this section, during both tests, any new school
building constructed on that site shall incorporate an active
soil depressurization system to divert radon from the building
site, or utilize any other industry accepted mitigation technique
to minimize exposure to radon.
(b) The school building authority shall promulgate rules
pursuant to article three-a, chapter twenty-nine-a of this code
to assure that any new school building designed after the
effective date of this article is designed and constructed in accordance with the ASHRAE, NFPA and BOCA standards. The school
building authority shall promulgate rules, pursuant to article
three-a, chapter twenty-nine-a of this code that establish
standards for safe levels of radon for public school buildings.
The school building authority shall submit the rules for approval
to the legislative oversight commission on education
accountability on or before the first day of July, one thousand
nine hundred ninety-eight. The rules shall include the
requirement that county boards submit all designs to the school
building authority for review and approval prior to preparation
of final bid documents.
(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 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 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) 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 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-4. 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
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 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 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. 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 air quality in schools task force regarding air quality
in schools, generally, and the state's plans to improve air
quality in schools.
(b) As school specific 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 air quality.
§18-9E-6. Air quality in schools report.
(a) The air quality in schools task force shall report its
findings and recommendations in an air quality in schools report
to the Legislature no later than the first day of July, two
thousand.
(b) The 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 air quality in schools report shall be made
available to the public upon request.
§18-9E-7. Enforcement.
The state board of education shall adopt policies and rules
to ensure compliance with the 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-8. 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 air quality to the occupants of
those buildings. This goal would be accomplished by the adoption
and enforcement of an 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 air quality for new
construction and renovation of school buildings, and requires
that air quality information be made available.
Strike throughs indicate language that would be stricken
from the present law, and underscoring indicates new language
that would be added.
§§18-9E-4, 5, 6, 7 and 8 are new; therefore, strike-throughs
and underscoring have been omitted.