Substitute House Bill No. 6426
Public Act No. 03-220
AN ACT CONCERNING INDOOR AIR QUALITY IN SCHOOLS.
Be it enacted by the Senate and House of Representatives in General Assembly
convened:
Section 1. Subsection (a) of section 10-220 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2003):
(a) Each local or regional board of education shall maintain good public elementary and
secondary schools, implement the educational interests of the state as defined in section
10-4a and provide such other educational activities as in its judgment will best serve the
interests of the school district; provided any board of education may secure such
opportunities in another school district in accordance with provisions of the general
statutes and shall give all the children of the school district as nearly equal advantages
as may be practicable; shall provide an appropriate learning environment for its
students which includes (1) adequate instructional books, supplies, materials,
equipment, staffing, facilities and technology, (2) equitable allocation of resources
among its schools, [and] (3) proper maintenance of facilities, and (4) a safe school
setting; shall have charge of the schools of its respective school district; shall make a
continuing study of the need for school facilities and of a long-term school building
program and from time to time make recommendations based on such study to the
town; shall adopt and implement an indoor air quality program that provides for
ongoing maintenance and facility reviews necessary for the maintenance and
improvement of the indoor air quality of its facilities; shall report annually to the
Commissioner of Education on the condition of its facilities and the action taken to
implement its long-term school building program and indoor air quality program,
which report the [commissioner] Commissioner of Education shall use to prepare an
annual report that said commissioner shall submit in accordance with section 11-4a to
the joint standing committee of the General Assembly having cognizance of matters
relating to education; shall advise the Commissioner of Education of the relationship
between any individual school building project pursuant to chapter 173 and such longterm
school building program; shall have the care, maintenance and operation ofbuildings, lands, apparatus and other property used for school purposes and at all
times shall insure all such buildings and all capital equipment contained therein against
9/17/04loss in an amount not less than eighty per cent of replacement cost; shall determine the number, age and qualifications of the pupils to be admitted into each school; shall
develop and implement a written plan for minority staff recruitment for purposes of
subdivision (3) of section 10-4a; shall employ and dismiss the teachers of the schools of
such district subject to the provisions of sections 10-151 and 10-158a; shall designate the
schools which shall be attended by the various children within the school district; shall
make such provisions as will enable each child of school age, residing in the district to
attend some public day school for the period required by law and provide for the
transportation of children wherever transportation is reasonable and desirable, and for
such purpose may make contracts covering periods of not more than five years; may
place in an alternative school program or other suitable educational program a pupil
enrolling in school who is nineteen years of age or older and cannot acquire a sufficient
number of credits for graduation by age twenty-one; may arrange with the board of
education of an adjacent town for the instruction therein of such children as can attend
school in such adjacent town more conveniently; shall cause each child five years of age
and over and under eighteen years of age who is not a high school graduate and is
living in the school district to attend school in accordance with the provisions of section
10-184, and shall perform all acts required of it by the town or necessary to carry into
effect the powers and duties imposed by law.
Sec. 2. Section 10-220 of the general statutes is amended by adding subsection (d) as
follows (Effective July 1, 2003):
(NEW) (d) Prior to January 1, 2008, and every five years thereafter, for every school
building that is or has been constructed, extended, renovated or replaced on or after
January 1, 2003, a local or regional board of education shall provide for a uniform
inspection and evaluation program of the indoor air quality within such buildings, such
as the Environmental Protection Agency's Indoor Air Quality Tools for Schools
Program. The inspection and evaluation program shall include, but not be limited to, a
review, inspection or evaluation of the following: (1) The heating, ventilation and air
conditioning systems; (2) radon levels in the water and the air; (3) potential for exposure
to microbiological airborne particles, including, but not limited to, fungi, mold and
bacteria; (4) chemical compounds of concern to indoor air quality including, but not
limited to, volatile organic compounds; (5) the degree of pest infestation, including, but
not limited to, insect and rodents; (6) the degree of pesticide usage; (7) the presence of
and the plans for removal of any hazardous substances that are contained on the list
prepared pursuant to Section 302 of the federal Emergency Planning and Community
Right-to-Know Act, 42 USC 9601 et seq. ; (8) ventilation systems; (9) plumbing,
including water distribution systems, drainage systems and fixtures; (10) moisture
incursion; (11) the overall cleanliness of the facilities; (12) building structural elements,
including, but not limited to, roofing, basements or slabs; (13) the use of space,
particularly areas that were designed to be unoccupied; and (14) the provision of indoor
air quality maintenance training for building staff. Local and regional boards of
education conducting evaluations pursuant to this subsection shall make available for
public inspection the results of the inspection and evaluation at a regularly scheduled
board of education meeting.
9/17/04
Sec. 3. Section 10-282 of the general statutes is amended by adding subdivision (19) as
follows (Effective July 1, 2003):
(NEW) (19) "Certified school indoor air quality emergency" means the existence of a
building condition determined by the Department of Public Health to present a
substantial and imminent adverse health risk that requires remediation in an amount
greater than one hundred thousand dollars.
Sec. 4. Subsection (b) of section 10-283 of the general statutes is repealed and the
following is substituted in lieu thereof (Effective July 1, 2003):
(b) Notwithstanding the application date requirements of this section, the
Commissioner of Education may approve applications for grants to assist school
building projects to remedy damage from fire and catastrophe, to correct safety, health
and other code violations, to replace roofs, to remedy a certified school indoor air
quality emergency, or to purchase and install portable classroom buildings at any time
within the limit of available grant authorization and make payments thereon within the
limit of appropriated funds, provided portable classroom building projects shall not
create a new facility or cause an existing facility to be modified so that the portable
buildings comprise a substantial percentage of the total facility area, as determined by
the commissioner.
Sec. 5. Subsection (a) of section 10-286 of the general statutes is amended by adding
subdivision (9) as follows (Effective July 1, 2003):
(NEW) (9) In the case of projects approved to remedy certified school indoor air quality
emergencies, the eligible percentage, as determined in section 10-285a, of the eligible
cost as determined by the Commissioner of Education.
Sec. 6. Section 10-291 of the general statutes is repealed and the following is substituted
in lieu thereof (Effective July 1, 2003):
(a) No school building project for which state assistance is sought shall be undertaken
except according to a plan and on a site approved by the [state] Department of
Education, the town or regional board of education and by the building committee of
such town or district. No such school building project shall be undertaken at an expense
exceeding the sum which the town or regional district may appropriate for the project.
In the case of a school building project financed in whole or in part by an energy
conservation lease purchase agreement, the expense of the project shall not exceed the
sum which the town or regional school district approved for the project. A copy of final
plans and specifications for each phase of site development and construction of all
school building projects and for each phase thereof including site development shall be
filed with the Commissioner of Education subject to the provisions of section 10-292
before the start of such phase of development or construction shall be begun. In the case
of a school building project which is a new construction, extension or replacement of a
building to be used for public school purposes, the town or regional board of education
9/17/04
and the building committee of such town or district, prior to the approval of the
architectural plans pursuant to the provisions of section 10-292, shall provide for a
Phase I environmental site assessment in accordance with the American Society for
Testing and Materials Standard #1527, Standard Practice for Environmental Site
Assessments: Phase I Environmental Site Assessment Process, or similar subsequent
standards. The costs of performing such Phase I environmental site assessment shall be
considered eligible costs of such school construction project. A town or regional school
district may commence a phase of development or construction before completion of
final plans and specifications for the whole project provided a copy of the latest
preliminary plan and cost estimate for such project which has been approved by the
town or regional board of education and by the building committee shall be submitted
with the final plans and specifications for such phase. Any board of education which,
prior to the approval of a grant commitment by the General Assembly, commences any
portion of a school construction project or causes any such project to be let out for bid,
shall not be eligible for a school construction grant until a grant commitment is so
approved.
(b) The Department of Education shall not approve a school building project plan or
site, as applicable, if:
(1) The site is in an area of moderate or high radon potential, as indicated in the
Department of Environmental Protection's Radon Potential Map, or similar subsequent
publications, except where the school building project plan incorporates construction
techniques to mitigate radon levels in the air of the facility;
(2) The plans incorporate new roof construction or total replacement of an existing roof
and do not provide for the following: (A) A minimum roof pitch of one-half inch per
foot, (B) a minimum twenty-year unlimited manufacturer's guarantee for water
tightness covering material and workmanship on the entire roofing system, (C) the
inclusion of vapor retarders, insulation, bitumen, felts, membranes, flashings, metals,
decks and any other feature required by the roof design, and (D) that all manufacturer's
materials to be used in the roofing system are specified to meet the latest standards for
individual components of the roofing systems of the American Society for Testing and
Materials;
(3) In the case of a major alteration, renovation or extension of a building to be used for
public school purposes, the plans do not incorporate the guidelines set forth in the Sheet
Metal and Air Conditioning Contractors National Association's publication entitled
"Indoor Air Quality Guidelines for Occupied Buildings Under Construction" or similar
subsequent publications; or
(4) In the case of a new construction, extension, renovation or replacement, the plans do
not include a plan that the building maintenance staff responsible for such facility are
trained or are receiving training or that the applicant plans to provide training in the
appropriate areas of plant operations including, but not limited to, heating, ventilation
9/17/04
and air conditioning systems pursuant to section 7 of this act, with specific training
relative to indoor air quality.
Sec. 7. (NEW) (Effective July 1, 2003) (a) For purposes of this section "Standard 62" means
the American Society of Heating, Ventilating and Air Conditioning Engineers Standard
62 entitled "Ventilation for Acceptable Indoor Air Quality", as referenced by the State
Building Code adopted under section 29-252 of the general statutes.
(b) Each local or regional board of education shall ensure that its heating, ventilation
and air conditioning system is (1) maintained and operated in accordance with the
prevailing maintenance standards, such as Standard 62, at the time of installation or
renovation of such system, and (2) operated continuously during the hours in which
students or school personnel occupy school facilities, except (A) during scheduled
maintenance and emergency repairs, and (B) during periods for which school officials
can demonstrate to the local or regional board of education's satisfaction that the
quantity of outdoor air supplied by an air supply system that is not mechanically driven
meets the Standard 62 requirements for air changes per hour.
(c) Each local or regional board of education shall maintain records of the maintenance
of its heating, ventilation and air conditioning systems for a period of not less than five
years.
Sec. 8. Section 10-286 of the general statutes is amended by adding subsection (d) as
follows (Effective July 1, 2003):
(NEW) (d) In the computation of grants pursuant to this section for any school building
project authorized by the General Assembly pursuant to section 10-283 after January 1,
2004, any maximum square footage per pupil limit established pursuant to this chapter
or any regulation adopted by the State Board of Education pursuant to this chapter shall
be increased by up to one per cent to accommodate a heating, ventilation or air
conditioning system, if needed.
Sec. 9. (NEW) (Effective July 1, 2003) Each local and regional board of education may
establish an indoor air quality committee for each school district or facility to increase
staff and student awareness of facets of the environment that affect the health of the
occupants of school facilities including, but not limited to, air quality, water quality and
the presence of radon. Such committee shall include, but not be limited to, at least one
administrator, one maintenance staff member, one teacher, one school health staff
member, one parent of a student and two members-at-large from the school district. No
local or regional board of education, superintendent or school administrator may
prohibit a school safety committee established pursuant to section 10-220f of the general
statutes from addressing indoor air quality issues that affect the health of occupants of
school facilities.
Approved July 9, 2003