Raised HB 6426 "An Act Concerning Indoor Air Quality in Schools" (Education Committee) Raised HB 6503 "An Act Concerning Indoor Environmental Quality in Schools" (Environment Committee)

Among other things, these bills would establish a requirement for municipalities and local boards of education to maintain and inspect school buildings for the purpose of protecting the indoor environmental quality.

OVERVIEW

CCM believes the best way to combat problems associated with indoor air quality in schools is through appropriate construction standards and adherence to maintenance standards and requirements. In some instances, an "emergency"-type response may be necessary to remediate a problem. In other cases, renovation or other physical changes may be needed to protect indoor air quality.

Any bill to improve school indoor air quality should be sensitive to municipal fiscal concerns in these ways:

1. There should be a method by which projects to address air quality issues are eligible for funding through the school construction grant program with an expedited approval process to get the money to municipalities quickly (as presently drafted, HB 6426 has such a provision, HB 6503 does not);

2. Inspection requirements should be adequate, but not too onerous, for instance by use of EPA’s "Tools for Schools" program; and,

3. Municipal liability exposure should not be increased.

SPECIFIC PROVISIONS: HB 6426 AND HB 6503

These bills would both require:

• Phase I Environmental Site Assessments to be included with school construction/renovation applications to the Department of Education. (HB 6426 – Sec. 2; HB 6503 – Sec. 4)

  CCM urges the Committee to amend the proposal to allow such site assessments to be eligible costs under the school construction/renovation grant program. Any such mandated local expenditures should be allowable expenses under the current grant program.

• Rejection of a school building site if (1) the Phase I assessment indicates the site cannot meet the current criteria for residential properties; (2) the plans are not adequate to mitigate radon levels in the air of the facility; (3) the plans incorporate a flat roof; or (4) the plans do not incorporate specific guidelines Indoor Air Quality. (HB 6426 – Sec. 2; HB 6503 – Sec. 4)

  CCM supports these provisions as reasonable requirements, which focus on the early prevention of possible environmental problems.

• HVAC systems to meet certain maintenance and operational requirements:

  • HB 6426 requires HVAC systems installed or renovated through a school construction project on or after 07/01/03 to meet the requirements of Standard 62. For all systems installed or renovated prior to that date, they must meet the prevailing standards at such time of installation or renovation. (Sec. 3)

  • HB 6503 simply requires all HVAC systems to meet the requirements of the prevailing standards at such time of installation or renovation, such as Standard 62. (Sec. 5)

    CCM urges the Committee to amend the proposals to say that school building projects meet the requirements that are applicable on the date of "approval" of such installation or renovation. There are many school construction projects in various stages of the process - particularly those projects that have already gained the approval of the General Assembly but have not yet actually begun construction. It is unclear if such projects were designed and approved with or without Standard 62 HVAC systems. To require them to change construction plans after approval would be burdensome.

  • The Commissioner to exclude the area necessary to support the HVAC system in the per-pupil square foot calculation. (HB 6426 – Sec. 4; HB 6503 Sec. 6)

    CCM supports recognizing the space necessary for safe and efficient HVAC systems should have no affect on the number of square feet available to students.

  • Local boards of education to undertake maintenance of school facilities necessary to protect indoor environmental quality, implement an ongoing prevention program, and conduct uniform inspections every two years, with the exception of certain buildings to be inspected every 5 years. (HB 6426 – Sec. 10 & 11; HB 6503 Sec. 2 & 3)

    CCM urges the committee to include additional funding to municipalities to meet the additional costs associated with implementing these measures.

Separately, HB 6426 also includes the following provisions:

• Section 5 – Would require applications for school building projects to be accompanied by a report on (1) radon levels in the air and water; (2) potential for exposure to bioaerosols; (3) chemical compounds of concern to indoor air quality; (4) degree of pet infestation; (5) degree of pesticide usage; (6) presence of, and plans for removal of, any hazardous substances contained in the Community Right-to-Know Act; (7) ventilation systems; (8) plumbing; and (9) the use of space, particularly areas to be unoccupied.

  CCM urges the Committee to amend the proposal to allow the costs of preparing such reports to be eligible costs under the school construction grant program. Municipalities and local school districts may or may not have staff available to prepare such reports and thus, may have to contract for these services. Mandated expenses should be allowable expenditures under the school construction grant program.

• Section 7 & Section 8 - Would create a definition of "Indoor Air Quality Improvement" under the school construction grant program to include the remediation of any documented indoor environmental quality deficiency conditions that do not meet published industry standards for indoor environmental quality and which cannot be remedied through ordinary maintenance.

  CCM supports allowing indoor environmental deficiencies to be eligible for state support. These provisions will help municipalities receive necessary funding in a timely manner. This provision is an essential element of any bill addressing school indoor air problems.

Separately, HB 6503 also includes the following provisions:

• Section 1 - Would require boards of education to have an additional health assessment completed for each student in grade 4.

  CCM sees this provision as reasonable requirement, however we caution that such assessments should not be used for the establishment of any sort of baseline. That could lead to increased litigation over causality of health problems, even where no nexus can be established.

• Section 7 - Would require each local and regional board of education to establish an indoor environmental quality committee for each school facility. The purpose of such committee is to increase staff and student awareness of environmental factors that can affect the environmental quality of such facilities.

  CCM supports this provision as reasonable requirement.

• School Construction Grants – A glaring omission in HB 6503 is the lack of language to include indoor environmental quality issues under the school construction grants. In light of current fiscal constraints, this bill would impose a tremendous unfunded mandate added to the backs of already mandate strapped municipalities. Under the school construction grant program, municipalities will still be paying a significant share of the costs, as reimbursements range from 20% - 80%.

CONCLUSION

Good air quality in public schools is in everyone’s best interest, most importantly those of the children and employees who are in the schools each day. These bills seek to advance that goal in a way that works better for municipalities than some earlier efforts.

CCM looks forward to working with the committees to address the issues raised in this testimony as we seek to create a new state and local partnership to tackle this important issue.

If you should have any questions please contact Kachina Walsh-Weaver or Gian-Carl Casa at (203) 498-3000.