46th legislature - STATE OF NEW MEXICO - first session, 2003

RELATING TO PUBLIC SCHOOLS; ENACTING THE INDOOR AIR QUALITY IN SCHOOLS ACT.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:

Section 1. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] SHORT TITLE.--This act may be cited as the "Indoor Air Quality in Schools Act"."

Section 2. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] INDOOR AIR QUALITY RULES.--The state board shall adopt rules to establish a program for ensuring indoor air quality in public schools and private schools. The program shall include:

A. the use of independent testing, including for radon and other chemical compounds affecting air quality, and requirements for adjusting and balancing heating, ventilation and air conditioning systems of every public and private school at least once every three years;

B. minimum standards for indoor air quality that shall be no less than the standards of the American society of heating, refrigeration and air conditioning engineers, the national fire protection association code and the code of the international association of mechanical and plumbing officials;

C. procedures for complaints to be filed requesting indoor air quality inspection and evaluation; and

D. requirements for heating, ventilation and air conditioning systems, including:

(1) design by professional engineers registered in New Mexico in the specific discipline associated with the system being used;

(2) installation in the prescribed manner in order to operate within the performance guidelines as designed;

(3) compliance with national standards of the testing, adjusting and balancing bureau, the associated air balance council, the national environmental balancing bureau and the environmental engineering consultants;

(4) documentation to be provided to the school administrator or owner to facilitate control and maintenance of the systems in accordance with the manufacturer's requirements;

(5) training to be provided by the equipment manufacturer or an agent of the manufacturer to those persons who will operate and maintain the system; and

(6) certification upon successful completion of the testing, adjusting and balancing process by the independent testing, adjusting and balancing agent certified by the testing, adjusting and balancing bureau."

Section 3. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] INDOOR AIR QUALITY IN SCHOOLS ADVISORY COMMITTEE.--

A. The state superintendent shall appoint an "indoor air quality in schools advisory committee" comprised of:

(1) a representative of the department of health;

(2) a representative of the department of education;

(3) a representative of a private sector educational organization;

(4) a representative of a school employees organization;

(5) a representative of a parent organization;

(6) a representative of the department of environment;

(7) a physician with experience in indoor air quality issues;

(8) an individual with training and experience in occupational safety and health issues;

(9) a mechanical engineer with experience in building ventilation system design;

(10) a building contractor with experience in air flow systems; and

(11) a member of a labor organization whose members install, service, evaluate or balance heating, ventilation and air conditioning equipment.

B. The indoor air quality in schools advisory committee shall:

(1) identify and provide to the department of education for distribution to schools best operating practices for indoor air quality in schools; and

(2) assist the state board in adoption of rules for a program in indoor air quality in public schools and private schools."

Section 4. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] INDOOR AIR QUALITY REPORTS.--

A. An inspector shall submit a report of the inspection and evaluation no later than sixty days after the inspection is completed. The report shall include a summary of the inspector's findings, recommendations and a plan to improve the school's air quality conditions. The report shall be submitted to the school's principal, the superintendent of the local school board and the state board.

B. The report shall be made public and a copy provided, for a reasonable cost, to anyone requesting a report, including the person who complained about the air quality of the school. To the extent practicable, the reports shall be published on the internet by the state board.

C. The school shall remedy the air quality problem not more than sixty days after the school's principal receives the report."

Section 5. A new section of the Public School Code is enacted to read:

"[NEW MATERIAL] TRAINING.--

A. The state board shall provide for the training of school personnel on the equipment and its controls at the site of the installation. The training shall occur within one year after installation or rehabilitation of a heating, ventilation and air conditioning system.

B. Upon completion of the required training, the state board shall provide the local school board with a report summarizing the training that was completed and a plan for the continued education of the school district's heating, ventilation and air conditioning staff. If sufficient staff is not available to the local school board to perform maintenance on heating, ventilation and air conditioning systems, the state board shall develop an immediate and long-range maintenance plan to ensure that heating, ventilation and air conditioning systems are maintained and operated according to the manufacturer's recommendations."