HB3713ham001 103RD GENERAL ASSEMBLY

Rep. Camille Y. Lilly

Filed: 3/6/2023

10300HB3713ham001 LRB103 29805 RJT 57855 a

AMENDMENT TO HOUSE BILL 3713

AMENDMENT NO. ______. Amend House Bill 3713 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 2-3.196 as follows:

(105 ILCS 5/2-3.196 new)

Sec. 2-3.196. School ventilation.

(a) As used in this Section:

"Active classroom" means any room currently being used for any duration of in-person instruction of 4 or more students at a time.

"ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

"Certified assessor" means:

(1) a certified technician; or

(2) a person who is certified to perform ventilation verification assessments of heating, ventilation and air conditioning systems through a certification body accredited by the American National Standards Institute.

"CADR" means clean air delivery rate.

"Certified technician" means a person who is certified as a testing and balancing technician by an accredited organization.

"CFM" means cubic feet per minute.

"dBa" means decibels.

"HEPA" means High Efficiency Particulate Air.

"HVAC" means Heating, Ventilation, and Air Conditioning.

"Mechanical engineer" means a professional engineer licensed as a mechanical engineer by the Department of Financial and Professional Regulation who has professional experience with heating, ventilation, and air conditioning systems.

"PM2.5" means particulate matter at 2.5 microns or less.

"PM10" means particulate matter at 10 microns or less.

"PPM" means parts per million.

"UV" means ultraviolet.

"Skilled and trained construction workforce" means a workforce in which at least 40% of the workers are graduates of or registered in and attending an apprenticeship program registered with the workforce solutions department or an apprenticeship program to which the department has granted reciprocal approval for the applicable construction occupation.

(b) The State Board shall require all school districts to supply all active classroom instructors, all school staff and administration, and district leadership with an educational document, in a PDF and a physical format, explaining at a minimum the values of good indoor air quality, including peer-reviewed research demonstrating effects of poor and good indoor air quality, an explanation of airborne transmission of pathogens and other airborne substances, a basic explanation of air changes per hour and relation to outdoor air and filtered air, best practice recommendations for the portable air cleaner and the air quality monitor, including guidance on theory, function, placement, and operation of the monitor. The document shall be developed with the assistance of a major independent and nonpartisan approved organization recognized as a subject matter expert in the field of air quality, such as a local ASHRAE chapter. This document shall be created and supplied to schools within 3 months of the effective date of this amendatory Act of the 103rd General Assembly.

(c) The State Board shall require all school districts to ensure that all active classrooms that are not mechanically ventilated have at least 2 properly functioning windows, or one window in situations where only one is present, that can open and can safely stay open. School districts must be in compliance with this Section within 6 months of the effective date of this amendatory Act of the 103rd General Assembly.

(d) The State Board shall require all school districts to ensure that all active classrooms are equipped with an air quality monitor that:

(1) is installed and operating within one month following delivery;

(2) remains in the active classroom until classroom is no longer an active classroom;

(3) is an air quality monitor that has been determined by the State Board to be suitable, by the State Board seeking out and obtaining a written statement noting that the capabilities of the monitor in question are sufficient to serve the purposes described in this Section, from a major independent and nonpartisan organization recognized as a subject matter expert in the field of air quality, such as a local ASHRAE chapter. The written statement shall minimally address suitability of: the selected monitor's measurement technology, calibration specifications, and manufacturer stated accuracies and ranges;

(4) measures, at a minimum, carbon dioxide and PM2.5. Selected monitors are recommended to also measure carbon monoxide, PM10, volatile organic compounds, temperature, and humidity;

(5) displays, at a minimum, carbon dioxide readings through a display on the device or other means, such as on a computer or cellular phone application;

(6) is corded and does not rely solely on batteries for power;

(7) is to be located between 3 and 6 feet above the floor and at least 5 feet away from doors, operable windows, or human occupants;

(8) connects via a wired or wireless connection to other applicable monitors so as to permit recording of data which includes at least the maximum carbon dioxide concentrations for a period of at least one year, as well as remote access to current air quality readings through a computer or cellular phone application; and

(9) provides notification through a visual indicator on the monitor, or other alert such as electronic mail, text message or cellular phone application, when the carbon dioxide levels in the classroom have exceeded a PPM level recommended to the State Board in writing by a major independent and nonpartisan organization recognized as a subject matter expert in the field of air quality, such as a local ASHRAE chapter.

Each school shall record all incidents where the recommended PPM level was breached in a classroom and maintain those records for at least 5 years.

Any supplied air quality monitor under this subsection may not be shared between active classrooms.

If devices matching the criteria described in this subsection are unavailable, the State Board shall contact a major independent and nonpartisan organization recognized as a subject matter expert in the field of air quality, such as a local ASHRAE chapter, and request assistance in determining suitable selection criteria for an air quality monitor that will sufficiently accomplish the goals of: providing teachers and staff with air quality information to facilitate managing indoor air quality; storing a sufficient type and duration of data to facilitate ventilation assessments; provide remote access to current air quality readings; and generally align with contemporary best practice recommendations.

(e) The State Board shall require all school districts to ensure that all active classrooms are equipped with a portable air cleaner that:

(1) is installed and operating within one month following delivery;

(2) remains in the active classroom until classroom is no longer an active classroom;

(3) is a portable air cleaner the State Board has determined to be suitable, by seeking out and obtaining a written statement noting that the capabilities of the portable air cleaner in question are sufficient to serve the purposes described in this Section, from a major independent and nonpartisan organization recognized as a subject matter expert in the field of air quality, such as a local ASHRAE chapter;

(4) utilizes a HEPA filter that captures 99.97% of 0.3 micron particles. A filter stated to be equal to or superior to a HEPA may not be used;

(5) utilizes or has the option of utilizing a secondary filter for gaseous pollutants, such as activated carbon;

(6) only utilizes HEPA filtration, as opposed to additional technologies such as ionization, chemical processes, and UV. If such additional technologies are present in the selected portable air cleaner they must be able to be disabled;

(7) Produces 500 or more CFM as measured by CADR or similar metric of filtered airflow;

(8) Produces 500 or more CFM of filtered airflow at under 45 dBa of noise, according to manufacturer supplied dBa test results measured at one meter in front of the portable air cleaner;

(9) is Underwriters Laboratories certified or certified to Underwriters Laboratories standards;

(10) has a manufacturer's warranty of at least one year;

(11) shall be continuously operated during room occupancy on at least low speed;

(12) shall be maintained according to manufacturer's recommendation, written approval shall be obtained from the manufacturer if deviation from standard recommendations is being considered; and

(13) shall be replaced within one month if it becomes inoperable.

If a single portable air cleaner on the market does not meet the parameters of this subsection, then 2 or more portable air cleaners per active classroom may be substituted if they produce a combined 500 or more CFM, as measured by CADR or similar metric, of filtered airflow at under 45 combined dBa of noise according to manufacturer supplied dBa test results measured at one meter in front of the portable air cleaner.

Any supplied portable air cleaner may not be shared between active classrooms.

(f) The State Board shall require all school districts to supply each school with 5 additional portable air cleaners and 5 additional air quality monitors that meet the requirements of subsections (d) and (e) to be used in school health offices, libraries, cafeterias, and other similar spaces.

(g) The State Board shall require all school districts to undertake a ventilation verification assessment of all mechanical ventilation systems in the school district performed by a certified assessor or a mechanical engineer and shall be based on physical measurements made during the assessment. If an assessment is performed by a certified assessor, the assessment report shall be reviewed by a mechanical engineer. The ventilation verification assessment shall verify whether the existing mechanical ventilation system is operating in accordance with design parameters and meets the requirements of any applicable building codes. The ventilation verification assessment for a heating, ventilation and air conditioning system shall include:

(1) testing for maximum filter efficiency;

(2) measurements of outside air rate;

(3) verification of operation of ventilation components;

(4) measurement of all air distribution inlets and outlets;

(5) verification of unit operation and that required maintenance has been performed;

(6) verification of control sequences;

(7) verification or installation of carbon dioxide sensors; and

(8) collection of field data for the installation of mechanical ventilation if none exists.

(h) The verification assessment report from the mechanical engineer shall include appropriate corrective actions needed for the mechanical ventilation system or the heating, ventilation and air conditioning infrastructure, including installation of appropriate filters, installation of carbon dioxide sensors and additional maintenance, repairs, upgrades or replacement.

(i) The school district shall have a ventilation verification assessment performed on all mechanical ventilation systems in the school district at least every 5 years. The ventilation verification assessment and the ventilation verification reports are public documents and shall be available to the public upon request.

(j) Each school's first ventilation verification assessment shall occur between one and 6 months after the school's air quality monitors have been installed and data has started recording, and all measurements for this assessment, and all following, shall be made in the same conditions in which the building typically operates. The assessment plan shall be developed with the assistance and approval of a major independent and nonpartisan major organization recognized as a subject matter expert in the field of air quality, such as a local ASHRAE chapter, to ensure that the assessment results are representative of indoor air quality conditions experienced during normal occupancy.".