H. B. 2887
(By Delegate Manuel)
[Introduced March 16, 2001; referred to the
Committee on Education then Finance.]
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-f, relating to
indoor air quality in schools; the new article shall be titled
the "Indoor Air Quality in Schools Act" and makes legislative
findings; defines terms; requires the adoption of an indoor
air quality for schools management plan by the state board of
education in cooperation with other state agencies; requires
dissemination of information; sets standards relating to
indoor air quality in the construction of new schools and
renovations; creates an indoor air quality in schools task
force; requires 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 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-f, to read as
follows:
ARTICLE 9F. INDOOR AIR QUALITY IN SCHOOLS ACT OF 2001.
§18-9F-1. Title.
This article shall be titled and may be cited as the "Indoor
Air Quality in Schools Act of 2001."
§18-9F-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, 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.
(e) Nearly one in five schools has at least one room with
radon above the EPA recommended action level of 4 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.
§18-9F-3. Definition.
For the purpose 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, subsection (a) of this
article.
(4) "Task force" means the indoor air quality in schools task
force created pursuant to section seven of this article.
§18-9F-4. Indoor air quality in schools management plan.
(a) Prior to the first day of September, two thousand two, 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
three, 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:
(1) Training for all relevant school personnel identified by
the task force prior to the implementation of the plan; and
(2) An implementation schedule for training and resources
necessary to meet full compliance with the plan by on or before the
first day of September, two thousand three.
§18-9F-5. Indoor air quality information for students, parents,
and school employees.
(a) By September, two thousand two, 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 plan to improve indoor air quality in schools.
(b) As schools specific indoor air quality information is
developed, the schools 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.
§18-9F-6. Indoor air quality in schools task force; establish
basic air quality standards.
(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, two thousand one. 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 educational 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 authority
for schools so as to assure good indoor air quality for students
and school personnel.
(e) In activities subdivisions (1) through (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.
§18-9F-7. 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, two thousand two.
(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.
§18-9F-8. Enforcement.
The state board of education shall adopt policies, 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 two, the school is not in compliance with
the plan and that noncompliance poses health risks to the school's
occupants.
§18-9F-9. 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.