HB3713sam002 103RD GENERAL ASSEMBLY

Sen. Adriane Johnson

Filed: 4/21/2023

10300HB3713sam002 LRB103 29805 RJT 60741 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.

"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, Adjusting, and Balancing Bureau Technician by the International Certification Board and accredited to comply with ISO/IEC 17024, which is the conformity assessment regarding general requirements for bodies operating certification of persons, by the American National Standards Institute in Testing Adjusting and Balancing or another nationally recognized certifying body accredited to ISO/IEC 17024 in testing adjusting and balancing.

"CFM" means cubic feet per minute.

"DBA" means A-weighted sound level in 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) Subject to appropriation, the State Board of Education 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 indoor air quality experts located with the help of an organization recognized as a subject matter expert in the field of indoor 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) Subject to appropriation, 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) Subject to appropriation, the State Board shall require all school districts to ensure that all active classrooms are equipped with an air quality monitor or sensor that:

(1) is installed and operating within one month following delivery, with advanced features such as an integrated dashboard being operable within 6 months;

(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 indoor air quality experts located with the help of an organization recognized as a subject matter expert in the field of indoor 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 carbon dioxide, and preferably also PM2.5, carbon monoxide, PM10, 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 2 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 another alert, such as electronic mail, a text message, or a cellular phone application, when the carbon dioxide levels in the classroom have exceeded a PPM level recommended to the State Board in writing by indoor air quality experts located with the help of an organization recognized as a subject matter expert in the field of indoor 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 an organization recognized as a subject matter expert in the field of indoor air quality, such as a local ASHRAE chapter, and request assistance in locating indoor air quality experts to help determine 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) Subject to appropriation, the State Board shall require all school districts to ensure that all active classrooms are equipped with a portable air cleaner that meets all of the following requirements:

(1) Is installed and operating within one month following delivery.

(2) Remains in the active classroom until the 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 indoor air quality experts located with the help of an organization recognized as a subject matter expert in the field of indoor air quality, such as a local ASHRAE chapter.

(4) Utilizes one or more HEPA filters that are at least 99.97% efficient at filtering 0.3 micrometer diameter particles in standard tests.

(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) Has a speed setting that produces a minimum 500 smoke CADR. If no air cleaner is available that meets this requirement, then a portable air cleaner that produces a minimum 400 smoke CADR may be selected. The testing method shall be the most recent version of the AC-1 testing method from the Association of Home Appliance Manufacturers. If the AC-1 testing method is no longer available or used, then a testing method that meets substantially similar standards as the AC-1 testing method may be used. Only fan and filter mechanical HEPA filtration may be utilized for CADR testing and no additional technologies such as ionization. Costs associated with testing shall be the responsibility of the portable air cleaner manufacturer or supplier. Test results shall be provided to the State Board from one or more accredited testing laboratories in the United States that are approved by the Association of Home Appliance Manufacturers or a successor organization to conduct these tests. Preferably, each portable air cleaner shall be tested at the same laboratory.

(8) Has more than 3 speed settings, with one of the speed settings operating at a maximum 33 dBA sound power; this speed setting shall produce a minimum of 100 smoke CADR. If no portable air cleaner meets the requirements of this Section with more than 3 speed settings, a portable air cleaner with 3 speed settings may be selected. The portable air cleaner shall have a different speed setting that operates at a maximum 33 dBA sound power; this speed setting shall produce a minimum 275 smoke CADR. If no portable air cleaner operates under those speed setting specifications, then a portable air cleaner that has a speed setting that operates at a maximum of 53 dBA or produces a minimum of 225 smoke CADR may be used. The testing methods shall be the most recent versions of the AC-1 and AC-2 testing methods from the Association of Home Appliance Manufacturers. If the AC-1 or AC-2 testing methods are no longer available or used, then testing methods that meet substantially similar standards as the AC-1 or AC-2 testing methods may be used. Only fan and filter mechanical HEPA filtration may be utilized for CADR testing, and no additional technologies such as ionization may be used. Costs associated with testing shall be the responsibility of the portable air cleaner manufacturer or supplier. Test results shall be provided to the State Board from one or more accredited testing laboratories in the United States that are approved by the Association of Home Appliance Manufacturers or a successor organization to conduct these tests. Preferably, each portable air cleaner shall be tested at the same laboratory.

(9) Is electrically certified by Underwriters Laboratories or a similar organization.

(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 the manufacturer's recommendations, including filter replacements at the recommended schedule.

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

If a portable air cleaner on the market does not meet the parameters of this subsection, the State Board shall contact an organization recognized as a subject matter expert in the field of indoor air quality, such as a local ASHRAE chapter, and request assistance in locating indoor air quality experts to help determine an alternative portable air cleaner or a combination of 2 or more air cleaners that best meet the parameters of this subsection and may permit the use of the alternative portable air cleaner or a combination of 2 or more air cleaners.

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

(f) Subject to appropriation, 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) Subject to appropriation, 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 State Board shall adopt rules for the ventilation verification assessment that shall include, at a minimum, each base minimum ventilation verification assessment procedure from the most recent version of ASHRAE's Design Guidance for Education Facilities or a successor document. The State Board shall update its rules regarding the ventilation verification assessment as necessary and to conform to the best practices for measuring indoor air quality.

(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 of indoor air quality experts located with the help of an organization recognized as a subject matter expert in the field of indoor 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.".