S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3107
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2025
                                ___________
 
 Introduced  by  Sens.  COONEY, FERNANDEZ, HARCKHAM, JACKSON, MAY, RAMOS,
   S. RYAN, SKOUFIS -- read twice and ordered printed, and  when  printed
   to be committed to the Committee on Education
 
 AN  ACT to amend the education law, in relation to establishing a school
   ventilation and energy efficiency assessment, repair and  verification
   program

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative findings and  intent.  The  legislature  hereby
 finds and declares that:
   a.  The  issue of ameliorating a school's air quality has gotten a lot
 of well-deserved attention during the spread of COVID-19  though  venti-
 lation  and  also  with  the  increase of extreme heat conditions in the
 classrooms.  Cleaner air is better for a  school  building's  population
 and  even  helps  with  higher  thinking/cognitive  abilities.  Although
 schools are now fully open, a school  with  an  outdated  or  inadequate
 heating, ventilation, and air conditioning (HVAC) system, which controls
 the  temperature,  humidity, and air quality in school classrooms, leave
 many schools susceptible to harmful airborne particles  and,  therefore,
 vulnerable to any current or future contagion that plagues the state. It
 is important for the state to establish a program which provides for the
 safe  ventilation  and  proper  filtration of air throughout each school
 building, so they can operate with the confidence that  they  have  safe
 and efficient HVAC systems in place.
   b.  The  air ventilation and filtration process, essentially, seeks to
 bring outside air into the school building and then both condition (heat
 or cool) the outside air and remove  any  impure  air  particles  as  it
 enters  the  building (as well as recycling the indoor air). To maintain
 safety, air particles entering a  school  must  meet  minimum  standards
 after  going  through  air  purifiers/filters (e.g., MERV 13 filter) and
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03182-01-5
 S. 3107                             2
              

 
 qualified testing personnel and engineers can assess and  determine  how
 well a filtration system is working and how safe the air is.
   c. A program designed to ensure proper school air quality control must
 include  professional  assessment, repair and/or replacement of both the
 HVAC system, as well as carbon dioxide monitors so that any improvements
 to those systems meet the ventilation rates  detailed  in  the  national
 Uniform Mechanical Code. Reports generated from the continual monitoring
 of  carbon dioxide monitors and maintenance of the HVAC system must also
 be made available to the public, electronically.
   d. Approximately 41% of school districts across the United  States  of
 America  need  HVAC  and  carbon dioxide system improvements, repairs or
 updates. Safe air quality levels in public schools protect the health of
 students and staff, significantly reduce the risk of infectious airborne
 diseases, increase attendance and  improve  student  performance.  Funds
 allocated  through  the  U.S.  Department  of Education's Elementary and
 Secondary Schools Emergency Relief (ESSER) Programs and  the  Governor's
 Emergency  Education Relief (GEER) Programs and the Department of Health
 and Humans Services' Head Start and Child Care American Rescue Plan  can
 support improvements to ventilation; repairs, upgrades, and replacements
 in  Heating,  Ventilation, and Air Conditioning (HVAC) systems; purchase
 of MERV 13 air filters, portable air purifiers, and upper-room  germici-
 dal  ultraviolet irradiation systems; as well as implementation of other
 public health protocols and CDC guidance.
   § 2. The education law is amended by adding a  new  section  409-o  to
 read as follows:
   §  409-O.  SCHOOL VENTILATION AND ENERGY EFFICIENCY ASSESSMENT, REPAIR
 AND VERIFICATION PROGRAM. 1. FOR PURPOSES OF THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   (A) "ANSI" MEANS AMERICAN NATIONAL STANDARDS INSTITUTE, OR ITS SUCCES-
 SOR.
   (B) "ASHRAE" MEANS AMERICAN SOCIETY OF HEATING, REFRIGERATION AND  AIR
 CONDITIONING ENGINEERS.
   (C) "CERTIFIED TAB TECHNICIAN" MEANS A TECHNICIAN CERTIFIED TO PERFORM
 TESTING,  ADJUSTING, AND BALANCING OF HVAC SYSTEMS BY THE ASSOCIATED AIR
 BALANCE COUNCIL (AABC), NATIONAL ENVIRONMENTAL BALANCING BUREAU  (NEBB),
 OR  THE TESTING, ADJUSTING AND BALANCING BUREAU (TABB), OR THEIR SUCCES-
 SORS.
   (D) "HVAC" MEANS HEATING, VENTILATION, AND AIR CONDITIONING.
   (E) "MECHANICAL CODE" MEANS THE MOST RECENT VERSION OF THE  MECHANICAL
 CODE  OF  NEW  YORK  STATE OR, FOR THE CITY OF NEW YORK, THE MOST RECENT
 VERSION OF THE NEW YORK CITY MECHANICAL CODE.
   (F) "MECHANICAL ENGINEER" MEANS A PROFESSIONAL ENGINEER LICENSED AS  A
 MECHANICAL  ENGINEER  BY  THE STATE OF NEW YORK AND WHO HAS PROFESSIONAL
 EXPERIENCE WITH HEATING, VENTILATION, AND AIR CONDITIONING SYSTEMS.
   (G) "MERV" MEANS MINIMUM EFFICIENCY REPORTING VALUE, AS ESTABLISHED BY
 ASHRAE STANDARD 52.2-2017 -- METHOD OF TESTING GENERAL VENTILATION  AIR-
 CLEANING DEVICES FOR REMOVAL EFFICIENCY BY PARTICLE SIZE.
   (H) "PPM" MEANS PARTS PER MILLION.
   (I) "QUALIFIED ADJUSTING PERSONNEL" MEANS EITHER OF THE FOLLOWING:
   (I) A CERTIFIED TAB TECHNICIAN; OR
   (II) A SKILLED AND TRAINED WORKFORCE UNDER THE SUPERVISION OF A CERTI-
 FIED TAB TECHNICIAN.
   (J) "QUALIFIED TESTING PERSONNEL" MEANS EITHER OF THE FOLLOWING:
   (I) A CERTIFIED TAB TECHNICIAN; OR
   (II)  A  PERSON  CERTIFIED TO PERFORM VENTILATION VERIFICATION ASSESS-
 MENTS OF HEATING, VENTILATION  AND  AIR  CONDITIONING  SYSTEMS  FROM  AN
 S. 3107                             3

 ORGANIZATION  THAT HAS BEEN ACCREDITED UNDER THE ISO/IEC 17024 PERSONNEL
 CERTIFICATION STANDARD IN VENTILATION VERIFICATION ASSESSMENTS.
   (K)   "REGISTERED  APPRENTICESHIP  PROGRAM"  MEANS  AN  APPRENTICESHIP
 PROGRAM REGISTERED WITH THE DEPARTMENT OF LABOR.
   (L) "SCHOOL" SHALL INCLUDE BUT NOT BE LIMITED TO  A  SCHOOL  DISTRICT,
 PUBLIC  SCHOOL,  BOARD  OF COOPERATIVE EDUCATIONAL SERVICES, SPECIAL ACT
 SCHOOL DISTRICT AS DEFINED IN SECTION FOUR THOUSAND ONE OF THIS CHAPTER,
 APPROVED PRESCHOOL SPECIAL EDUCATION PROGRAM PURSUANT TO SECTION  FORTY-
 FOUR  HUNDRED  TEN  OF  THIS CHAPTER, SCHOOLS AND PROGRAMS AUTHORIZED BY
 ARTICLES EIGHTY-ONE AND EIGHTY-NINE  OF  THIS  CHAPTER,  STATE-SUPPORTED
 SCHOOLS  IN  ACCORDANCE WITH ARTICLE EIGHTY-FIVE OF THIS CHAPTER, OR ANY
 PUBLIC, PRIVATE OR CHARTER PRIMARY, SECONDARY EDUCATION SCHOOL.
   (M) "SKILLED AND TRAINED WORKFORCE" MEANS A WORKFORCE WHERE  AT  LEAST
 SIXTY PERCENT OF THE CONSTRUCTION WORKERS ARE GRADUATES OF OR REGISTERED
 IN  AND ATTENDING A REGISTERED APPRENTICESHIP PROGRAM FOR THE APPLICABLE
 OCCUPATION.
   (N) "TAB" MEANS TESTING, ADJUSTING, AND BALANCING OF A HVAC SYSTEM.
   2. EACH SCHOOL SHALL COMPLY WITH THE PROCEDURES SET FORTH IN  SUBDIVI-
 SIONS  THREE, FOUR, FIVE, SIX AND SEVEN OF THIS SECTION FOR ALL OCCUPIED
 BUILDINGS  UNDER  THE  SCHOOL'S  CONTROL.  THESE  PROCEDURES  SHALL   BE
 COMPLETED  WITHIN  TWENTY-FOUR  MONTHS  AFTER THE EFFECTIVE DATE OF THIS
 SECTION AND AT LEAST ONCE EVERY FIVE YEARS THEREAFTER, AS  PART  OF  THE
 SCHOOL'S  BUILDING  CONDITION  SURVEY  REQUIRED PURSUANT TO SECTION FOUR
 HUNDRED NINE-D OF THIS ARTICLE.
   3. EACH SCHOOL SHALL ENSURE THAT QUALIFIED TESTING PERSONNEL OR QUALI-
 FIED ADJUSTING PERSONNEL PERFORMS THE FOLLOWING ASSESSMENTS:
   (A) QUALIFIED TESTING  PERSONNEL  SHALL  REVIEW  SYSTEM  CAPACITY  AND
 AIRFLOW  TO  DETERMINE  THE  HIGHEST  MINIMUM EFFICIENCY REPORTING VALUE
 (MERV) FILTRATION THAT CAN  BE  INSTALLED  WITHOUT  ADVERSELY  IMPACTING
 EQUIPMENT,  SHALL  REPLACE  OR  UPGRADE  FILTERS WHERE NEEDED, AND SHALL
 VERIFY THAT SUCH FILTERS ARE INSTALLED  CORRECTLY.  RECOMMENDATIONS  FOR
 ADDITIONAL  MAINTENANCE  IN  ACCORDANCE  WITH ASHRAE STANDARD 62.1- 2022
 SECTION 8 AND TABLE 8--1, FREQUENCY OF FILTER REPLACEMENT,  REPLACEMENT,
 OR UPGRADES TO ALLOW FOR MORE PROTECTIVE FILTRATION SHALL BE RECORDED IN
 THE  HVAC  ASSESSMENT  REPORT  WHERE FILTRATION MEETING OR EXCEEDING THE
 PROTECTION OF MERV 13 FILTERS CANNOT BE MET IN THE CURRENT SYSTEM.
   (B) QUALIFIED TESTING PERSONNEL SHALL ASSESS THE VENTILATION RATES  IN
 THE  FACILITY  CLASSROOMS,  AUDITORIUMS,  GYMNASIUMS,  NURSES'  OFFICES,
 KITCHEN OR CAFETERIA AREAS,  RESTROOMS,  AND  OTHER  OCCUPIED  AREAS  TO
 DETERMINE  WHETHER  THEY  MEET THE MINIMUM VENTILATION RATE REQUIREMENTS
 SET FORTH IN THE MECHANICAL CODE FOR NEW CONSTRUCTION. ASSESSMENT  SHALL
 INCLUDE, BUT NOT BE LIMITED TO, THE FOLLOWING:
   (I) CALCULATION OF THE ESTIMATED MINIMUM OUTSIDE AIR VENTILATION RATES
 FOR  EACH OCCUPIED AREA BASED ON THE ANTICIPATED MAXIMUM OCCUPANT DENSI-
 TY, OCCUPANCY CATEGORY, AND SQUARE  FOOTAGE  AND  THE  MINIMUM  REQUIRED
 VENTILATION  RATE  PER  OCCUPANT. CALCULATIONS SHALL BE BASED ON MAXIMUM
 ANTICIPATED CLASSROOM OR OTHER OCCUPIED AREA OCCUPANCY RATES AND  DETER-
 MINED BY THE REQUIRED VENTILATION RATES SET FORTH IN THE MECHANICAL CODE
 FOR NEW CONSTRUCTION;
   (II)  MEASUREMENT  OF  OUTSIDE  AIR,  AND  VERIFICATION OF WHETHER THE
 SYSTEM PROVIDES THE MINIMUM OUTSIDE AIR VENTILATION RATES CALCULATED  IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH;
   (III)  VERIFICATION  OF COIL VELOCITIES AND UNIT DISCHARGE AIR TEMPER-
 ATURES REQUIRED TO MAINTAIN DESIRED INDOOR CONDITIONS AND TO AVOID MOIS-
 TURE CARRY OVER FROM COOLING COILS;
 S. 3107                             4
 
   (IV) VERIFICATION THAT SEPARATION  BETWEEN  OUTDOOR  AIR  INTAKES  AND
 EXHAUST DISCHARGE OUTLETS MEET THE REQUIREMENTS OF THE MECHANICAL CODE;
   (V) CONFIRMATION THAT THE AIR HANDLING UNIT IS BRINGING IN OUTDOOR AIR
 AND REMOVING EXHAUST AIR AS INTENDED BY THE SYSTEM DESIGN; AND
   (VI)  MEASUREMENT  OF  EXHAUST  AIR VOLUME FOR EXHAUST FANS, INCLUDING
 RESTROOMS, AND VERIFICATION THAT EXHAUST AIR VOLUME MEETS SYSTEM  DESIGN
 AND THE REQUIREMENTS OF THE MECHANICAL CODE.
   (C)  FOR  SYSTEMS  WITH ECONOMIZERS, QUALIFIED TESTING PERSONNEL SHALL
 TEST SYSTEM ECONOMIZER DAMPERS FOR PROPER OPERATION. ECONOMIZER  DAMPERS
 AND  CONTROLS  THAT  ARE NOT PROPERLY FUNCTIONING SHALL BE REPAIRED BY A
 SKILLED AND TRAINED WORKFORCE. RECOMMENDATIONS  FOR  ADDITIONAL  MAINTE-
 NANCE,  REPLACEMENT OR UPGRADES SHALL BE RECORDED IN THE HVAC ASSESSMENT
 REPORT.
   (D) IF INSTALLED, DEMAND CONTROL VENTILATION SYSTEMS SHALL BE VERIFIED
 BY QUALIFIED TESTING PERSONNEL  FOR  PROPER  OPERATION.  DEMAND  CONTROL
 VENTILATION  SYSTEMS THAT ARE NOT PROPERLY FUNCTIONING SHALL BE REPAIRED
 BY A SKILLED AND TRAINED WORKFORCE. IF THE  DEMAND  CONTROL  VENTILATION
 SYSTEM IS RECOMMENDED TO BE DISABLED OR IS UNABLE TO PROVIDE RECOMMENDED
 VENTILATION  RATES, THE HVAC SYSTEM MUST BE CONFIGURED TO MEET THE MINI-
 MUM VENTILATION RATE REQUIREMENTS WITHOUT  USE  OF  THE  DEMAND  CONTROL
 VENTILATION  AND  TESTED  AND ADJUSTED TO ACHIEVE DESIGN MINIMUM OUTSIDE
 AIR VALUE. RECOMMENDATIONS FOR ADDITIONAL  MAINTENANCE,  REPLACEMENT  OR
 UPGRADES SHALL BE RECORDED IN THE HVAC ASSESSMENT REPORT.
   (E) (I) QUALIFIED TESTING PERSONNEL SHALL: (A) PERFORM SURVEY READINGS
 OF  INLETS  AND OUTLETS TO VERIFY ALL VENTILATION IS REACHING THE SERVED
 ZONE AND THAT THERE IS ADEQUATE DISTRIBUTION; (B) VERIFY IF  INLETS  AND
 OUTLETS  ARE  BALANCED  WITHIN  TOLERANCE  OF THE SYSTEM DESIGN; AND (C)
 DOCUMENT READ VALUES AND DEFICIENCIES. IF  THE  ORIGINAL  SYSTEM  DESIGN
 VALUES  ARE  NOT  AVAILABLE,  QUALIFIED TESTING PERSONNEL SHALL DOCUMENT
 AVAILABLE INFORMATION AND NOTE UNAVAILABILITY OF SYSTEM DESIGN VALUES IN
 THE HVAC ASSESSMENT REPORT.
   (II) QUALIFIED TESTING PERSONNEL SHALL VERIFY BUILDING AND SPACE PRES-
 SURE TO ENSURE:
   (A) PRESSURE DIFFERENTIAL IS WITHIN TOLERANCE OF DESIGN, IF KNOWN.
   (B) BUILDING IS NOT OVER OR UNDER PRESSURIZED.
   (C) IF APPLICABLE, ROOMS DESIGNATED FOR TEMPORARY OCCUPATION  BY  SICK
 STUDENTS  OR  STAFF  SHALL MAINTAIN A NEGATIVE PRESSURE, OR AS OTHERWISE
 DESIGNED.
   (F) QUALIFIED TESTING PERSONNEL SHALL VERIFY COIL  CONDITION,  CONDEN-
 SATE  DRAINAGE,  COOLING COIL AIR TEMPERATURE DIFFERENTIAL (ENTERING AND
 LEAVING DRY BULB), HEAT EXCHANGER AIR TEMPERATURE DIFFERENTIAL (ENTERING
 AND LEAVING DRY BULB), AND DRIVE ASSEMBLY CONDITION. RECOMMENDATIONS FOR
 ADDITIONAL MAINTENANCE IN ACCORDANCE WITH  ASHRAE  STANDARD  62.1-  2022
 SECTION  8  AND TABLE 8--1, REPLACEMENT OR UPGRADES SHALL BE RECORDED IN
 THE HVAC ASSESSMENT REPORT.
   (G) QUALIFIED TESTING PERSONNEL SHALL REVIEW CONTROL SEQUENCES TO:
   (I) VERIFY SYSTEMS WILL MAINTAIN  INTENDED  VENTILATION,  TEMPERATURE,
 AND HUMIDITY CONDITIONS DURING SCHOOL OPERATION; AND
   (II)  VERIFY  A DAILY FLUSH IS SCHEDULED PER APPLICABLE LOCAL OR STATE
 GUIDANCE.
   (H) (I) VERIFICATION THAT ALL CLASSROOMS, ASSEMBLY  AREAS  AND  OFFICE
 SPACES  INTENDED FOR MORE THAN TEN PERMANENT OCCUPANTS ARE EQUIPPED WITH
 A CARBON DIOXIDE MONITOR THAT:
   (A) IS HARDWIRED, PLUG-IN, OR BATTERY-OPERATED AND MOUNTED TO THE WALL
 BETWEEN THREE AND SIX FEET ABOVE THE FLOOR AND AT LEAST FIVE  FEET  AWAY
 FROM THE DOOR AND OPERABLE WINDOWS;
 S. 3107                             5
 
   (B)  DISPLAYS  THE  CARBON  DIOXIDE  READINGS TO THE TEACHER THROUGH A
 DISPLAY ON THE DEVICE OR OTHER MEANS SUCH AS A WEB-BASED APPLICATION  OR
 CELL PHONE APPLICATION;
   (C)  NOTIFIES  THE  TEACHER  AND  OTHER  APPROPRIATE  SCHOOL PERSONNEL
 THROUGH VISUAL INDICATOR ON THE MONITOR (E.G., INDICATOR LIGHT) OR OTHER
 ALERT SUCH AS E-MAIL, TEXT, OR CELL PHONE APPLICATION, WHEN  THE  CARBON
 DIOXIDE LEVELS IN THE CLASSROOM HAVE EXCEEDED 1,100 PPM;
   (D)  MAINTAINS  A  RECORD OF PREVIOUS DATA WHICH INCLUDES AT LEAST THE
 MAXIMUM CARBON DIOXIDE CONCENTRATION MEASURED;
   (E) HAS A RANGE OF 1-5000 PPM; AND
   (F) IS CERTIFIED BY THE MANUFACTURER TO BE ACCURATE WITHIN 75  PPM  AT
 1,000  PPM CARBON DIOXIDE CONCENTRATION AND IS CERTIFIED BY THE MANUFAC-
 TURER TO REQUIRE CALIBRATION NO MORE FREQUENTLY  THAN  ONCE  EVERY  FIVE
 YEARS.
   (II)  THE  TECHNICAL  SPECIFICATIONS  FOR  CARBON DIOXIDE MONITORS SET
 FORTH ABOVE MAY BE AMENDED BY REGULATION AS NECESSARY TO REFLECT  AVAIL-
 ABLE TECHNOLOGY AND TO ACHIEVE THE INTENT OF THIS SUBDIVISION.
   (III)  CLASSROOMS,  ASSEMBLY  AREAS,  KITCHEN  OR CAFETERIA AREAS, AND
 OFFICE SPACES INTENDED FOR MORE THAN TEN PERMANENT  OCCUPANTS  THAT  ARE
 NOT  EQUIPPED  WITH  A CARBON DIOXIDE MONITOR MEETING THE ABOVE REQUIRE-
 MENTS SHALL BE RETROFITTED TO INCLUDE SUCH A MONITOR  AS  PART  OF  THIS
 ASSESSMENT.
   (IV)  WHERE AN EXISTING CARBON DIOXIDE MONITOR IS MORE THAN FIVE YEARS
 OLD, A QUALIFIED TESTING TECHNICIAN SHALL VERIFY THAT THE CARBON DIOXIDE
 MONITOR IS ACCURATE WITHIN 75 PPM AT 1,000 PPM CARBON DIOXIDE, AND SHALL
 RECALIBRATE OR REPLACE THE CARBON DIOXIDE MONITOR WHERE NEEDED  TO  MEET
 THE REQUIRED ACCURACY.
   (I)  IN  FACILITIES  WHERE  THERE IS LIMITED OR NO EXISTING MECHANICAL
 VENTILATION, THE ASSESSMENT SHALL FOCUS ON DOCUMENTING  EXISTING  CONDI-
 TIONS  AND PROVIDING THE MECHANICAL ENGINEER WITH THE INFORMATION NEEDED
 TO PROVIDE MECHANICAL VENTILATION UPGRADE RECOMMENDATIONS IF  NEEDED  TO
 ENSURE  PROPER  VENTILATION  AND INDOOR AIR QUALITY. CLASSROOMS OR OTHER
 ROOMS BEING OCCUPIED WITHIN A SCHOOL WITH LIMITED OR NO EXISTING MECHAN-
 ICAL VENTILATION SHALL BE REQUIRED TO COMPLY  WITH  THE  REQUIREMENT  TO
 INSTALL CARBON DIOXIDE MONITORS.
   4.  (A) A QUALIFIED TESTING PERSONNEL OR QUALIFIED ADJUSTING PERSONNEL
 SHALL PREPARE AN HVAC ASSESSMENT REPORT FOR REVIEW BY A MECHANICAL ENGI-
 NEER. THE HVAC ASSESSMENT  REPORT  SHALL  BE  DOCUMENTED  UTILIZING  THE
 SAMPLE  VENTILATION  VERIFICATION TEST SHEETS LISTED IN THE PREREQUISITE
 SECTION, ADDITIONAL GUIDANCE, OF ASHRAE TECHNICAL COMMITTEE 9.7,  EDUCA-
 TIONAL FACILITIES DESIGN GUIDANCE FOR EDUCATION FACILITIES:  PRIORITIZA-
 TION FOR ADVANCED INDOOR AIR QUALITY, 2023 PUBLICATION.
   (B)  THE  HVAC ASSESSMENT REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING INFORMATION:
   (I) NAME AND ADDRESS OF  SCHOOL  FACILITY  AND  PERSON  OR  CONTRACTOR
 PREPARING AND CERTIFYING THE ASSESSMENT REPORT;
   (II)  DESCRIPTION  OF  ASSESSMENT,  MAINTENANCE, ADJUSTMENT AND REPAIR
 ACTIVITIES AND OUTCOMES;
   (III) DOCUMENTATION OF HVAC EQUIPMENT  MODEL  NUMBER,  SERIAL  NUMBER,
 GENERAL  CONDITION OF UNIT, AND ANY ADDITIONAL INFORMATION THAT COULD BE
 USED TO ASSESS  REPLACEMENT  AND  REPAIR  OPTIONS  GIVEN  POTENTIAL  FOR
 INCREASED ENERGY EFFICIENCY BENEFITS;
   (IV)  EITHER  VERIFICATION  THAT  FILTERS  THAT  MEET  OR  EXCEED  THE
 PROTECTION OF MERV 13 FILTERS HAVE BEEN INSTALLED OR  VERIFICATION  THAT
 THE  MAXIMUM  MERV-RATED  FILTER  THAT THE SYSTEM IS ABLE TO EFFECTIVELY
 HANDLE HAS BEEN INSTALLED AND WHAT THAT MERV-RATING IS;
 S. 3107                             6
 
   (V) VERIFICATION THAT ALL REQUIREMENTS OF THE PROGRAM HAVE BEEN SATIS-
 FIED, INCLUDING INSTALLATION OF CARBON DIOXIDE MONITORS;
   (VI) THE VERIFIED VENTILATION RATES FOR FACILITY CLASSROOMS, AUDITORI-
 UMS, KITCHEN OR CAFETERIA AREAS, GYMNASIUMS, NURSES' OFFICES, RESTROOMS,
 OFFICES,  AND  OTHER  OCCUPIED  AREAS,  AND WHETHER THOSE RATES MEET THE
 REQUIREMENTS SET FORTH FOR NEW CONSTRUCTION IN THE MECHANICAL CODE;
   (VII) THE  VERIFIED  EXHAUST  FOR  FACILITY  CLASSROOMS,  AUDITORIUMS,
 GYMNASIUMS,  NURSES'  OFFICES,  RESTROOMS,  AND OTHER OCCUPIED AREAS AND
 WHETHER THOSE RATES MEET SYSTEM  DESIGN  AND  THE  REQUIREMENTS  OF  THE
 MECHANICAL CODE;
   (VIII)  DOCUMENTATION  OF  SYSTEM DEFICIENCIES AND RECOMMENDATIONS FOR
 ADDITIONAL MAINTENANCE IN ACCORDANCE WITH  ASHRAE  STANDARD  62.1-  2022
 SECTION  8  AND  TABLE  8--1,  REPLACEMENT OR UPGRADES TO IMPROVE ENERGY
 EFFICIENCY, SAFETY, OR PERFORMANCE, IF ANY; AND
   (IX) VERIFICATION THAT  ALL  WORK  HAS  BEEN  PERFORMED  BY  QUALIFIED
 PERSONNEL,  INCLUDING  THE PROVISION OF THE CONTRACTOR'S NAME, QUALIFIED
 TESTING PERSONNEL OR QUALIFIED ADJUSTING PERSONNEL  NAME  OR  NAMES  AND
 CERTIFICATION  NUMBER OR NUMBERS, AND VERIFICATION THAT ALL CONSTRUCTION
 WORK HAS BEEN PERFORMED BY A SKILLED AND TRAINED WORKFORCE.
   5. (A) A MECHANICAL ENGINEER SHALL REVIEW THE HVAC ASSESSMENT  REPORT,
 VERIFY OR ADJUST THE ESTIMATED MINIMUM OUTSIDE AIR VENTILATION RATES AND
 DETERMINE  WHAT,  IF  ANY,  ADDITIONAL ADJUSTMENTS, REPAIRS, UPGRADES OR
 REPLACEMENTS WOULD BE NECESSARY TO  MEET  THE  MINIMUM  VENTILATION  AND
 FILTRATION  REQUIREMENTS AND PROVIDE A COST ESTIMATE FOR ALL RECOMMENDED
 WORK.
   (B) IF THE MECHANICAL ENGINEER'S COST ESTIMATE FOR ADDITIONAL  ADJUST-
 MENTS,  REPAIRS,  UPGRADES,  OR  REPLACEMENTS  NECESSARY TO MEET MINIMUM
 VENTILATION AND FILTRATION REQUIREMENTS  EXCEEDS  TWO  HUNDRED  THOUSAND
 DOLLARS, THE MECHANICAL ENGINEER SHALL ALSO PROVIDE A RECOMMENDATION FOR
 ADJUSTMENTS,  REPAIRS,  UPGRADES OR REPLACEMENTS THAT WOULD BEST IMPROVE
 VENTILATION AND FILTRATION CONDITIONS  AT  A  COST  NOT  TO  EXCEED  TWO
 HUNDRED THOUSAND DOLLARS.
   6.  (A) ALL HVAC REPAIRS, UPGRADES, OR REPLACEMENTS SHALL BE PERFORMED
 BY A SKILLED AND  TRAINED  WORKFORCE.  ALL  HVAC  ADJUSTMENTS  SHALL  BE
 PERFORMED BY QUALIFIED ADJUSTING PERSONNEL.
   (B) ADJUSTMENTS, REPAIRS, UPGRADES, OR REPLACEMENTS RECOMMENDED BY THE
 MECHANICAL  ENGINEER  SHALL BE COMPLETED TO THE EXTENT THE COST DOES NOT
 TO EXCEED TWO HUNDRED  THOUSAND  DOLLARS.  IF  RECOMMENDED  ADJUSTMENTS,
 REPAIRS,  UPGRADES,  OR REPLACEMENTS EXCEED TWO HUNDRED THOUSAND DOLLARS
 IN COSTS TO ENSURE CLASSROOMS MEET MINIMUM  VENTILATION  AND  FILTRATION
 REQUIREMENTS,  THE SCHOOL MAY AUTHORIZE EXPENDITURE OF ADDITIONAL AVAIL-
 ABLE FUNDS AND/OR SHALL SEEK ADDITIONAL FUNDS, IF NECESSARY, TO MAKE THE
 RECOMMENDED ADJUSTMENTS, REPAIRS, UPGRADES, OR REPLACEMENTS.
   7. (A) THE SCHOOL SHALL PREPARE AN  HVAC  VERIFICATION  REPORT  WITHIN
 THIRTY DAYS OF COMPLETION OF ALL WORK PURSUANT TO THIS SECTION.
   (B) THE HVAC VERIFICATION REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO,
 THE FOLLOWING INFORMATION:
   (I) NAME AND ADDRESS OF SCHOOL AND EACH BUILDING;
   (II) NAME OF PERSON OR CONTRACTOR PREPARING AND CERTIFYING THE REPORT;
   (III)  DESCRIPTION  OF  ASSESSMENT,  MAINTENANCE,  ADJUSTMENT, REPAIR,
 UPGRADE, AND REPLACEMENT ACTIVITIES AND OUTCOMES;
   (IV) VERIFICATION THAT ALL REQUIREMENTS OF THIS SECTION HAVE BEEN MET;
   (V) VERIFICATION THAT EITHER FILTERS  MEETING  OR  EXCEEDING  MERV  13
 PROTECTION   HAVE  BEEN  INSTALLED  OR  VERIFICATION  THAT  THE  MAXIMUM
 MERV-RATED FILTER THAT THE SYSTEM IS ABLE TO EFFECTIVELY HANDLE HAS BEEN
 INSTALLED AND WHAT THAT MERV-RATING IS;
 S. 3107                             7
 
   (VI) THE VERIFIED VENTILATION RATES FOR FACILITY CLASSROOMS,  ASSEMBLY
 AREAS,  KITCHEN  OR CAFETERIA AREAS, OFFICES, RESTROOMS, AND OTHER OCCU-
 PIED AREAS AND WHETHER THOSE RATES MEET THE REQUIREMENTS SET  FORTH  FOR
 NEW  CONSTRUCTION  IN  THE  MECHANICAL CODE. IF VENTILATION RATES DO NOT
 MEET  THESE REQUIREMENTS, THEN AN EXPLANATION FOR WHY THE CURRENT SYSTEM
 IS UNABLE TO MEET THOSE RATES SHALL BE PROVIDED;
   (VII) THE  VERIFIED  EXHAUST  FOR  FACILITY  CLASSROOMS,  AUDITORIUMS,
 GYMNASIUMS,  NURSES' OFFICES, KITCHEN OR CAFETERIA AREAS, RESTROOMS, AND
 OTHER OCCUPIED AREAS AND WHETHER THOSE RATES MEET SYSTEM DESIGN AND  THE
 REQUIREMENTS OF THE MECHANICAL CODE;
   (VIII)  DOCUMENTATION  OF  REPAIRS, UPGRADES OR REPLACEMENTS PERFORMED
 PURSUANT TO THE HVAC ASSESSMENT REPORT AND MECHANICAL ENGINEER RECOMMEN-
 DATIONS, INCLUDING ALL WORK PERFORMED;
   (IX) DOCUMENTATION OF RECOMMENDATIONS FOR  ADDITIONAL  MAINTENANCE  IN
 ACCORDANCE  WITH  ASHRAE  STANDARD  62.1- 2022 SECTION 8 AND TABLE 8--1,
 REPAIRS, REPLACEMENT, OR UPGRADES TO IMPROVE ENERGY EFFICIENCY,  SAFETY,
 OR PERFORMANCE;
   (X) DOCUMENTATION OF INITIAL OPERATING VERIFICATIONS, ADJUSTMENTS, AND
 FINAL  OPERATING  VERIFICATIONS, AND DOCUMENT ANY ADJUSTMENTS OR REPAIRS
 PERFORMED;
   (XI) VERIFICATION OF INSTALLATION OF CARBON DIOXIDE MONITORS,  INCLUD-
 ING THE NUMBER VERIFIED AND INSTALLED, MAKE, AND MODEL OF MONITORS; AND
   (XII)  VERIFICATION  THAT  ALL  WORK  HAS  BEEN PERFORMED BY QUALIFIED
 PERSONNEL, INCLUDING THE PROVISION OF THE CONTRACTOR'S  NAME,  QUALIFIED
 TESTING  PERSONNEL  OR  QUALIFIED  ADJUSTING PERSONNEL NAME OR NAMES AND
 CERTIFICATION NUMBER OR NUMBERS, AND VERIFICATION THAT ALL  CONSTRUCTION
 WORK HAS BEEN PERFORMED BY A SKILLED AND TRAINED WORKFORCE.
   (C)  THE  SCHOOL SHALL MAINTAIN A COPY OF THE HVAC VERIFICATION REPORT
 FOR A MINIMUM OF FIVE YEARS AND MAKE IT AVAILABLE TO ANY MEMBER  OF  THE
 PUBLIC, ELECTRONICALLY, UPON REQUEST.
   8.  (A) AT LEAST ONCE EVERY FIVE YEARS FOLLOWING INITIAL INSPECTION IN
 ACCORDANCE WITH ASHRAE STANDARD 62.1- 2022 SECTION 8 AND TABLE  8--1,  A
 QUALIFIED  TESTING  PERSONNEL SHALL PERFORM THE ASSESSMENT, MAINTENANCE,
 ADJUSTMENT, CONTROLS, CARBON DIOXIDE MONITORING AND VERIFICATION  PURSU-
 ANT TO SUBDIVISIONS THREE, FOUR, FIVE, SIX AND SEVEN OF THIS SECTION.
   (B)  UPON  CONCLUSION  OF  THE  PERIODIC INSPECTION, QUALIFIED TESTING
 PERSONNEL WHO PERFORMED  THE  PERIODIC  INSPECTION  SHALL  OFFER  ONSITE
 TRAINING   WITH   APPROPRIATE  SCHOOL  STAFF  ON  THE  FINDINGS  OF  THE
 INSPECTION.   THE TRAINING SHALL INCLUDE  EQUIPMENT  IDENTIFICATION  AND
 OPERATIONS,  SAFETY  PROTOCOLS,  REVIEW OF PERIODIC INSPECTION FINDINGS,
 AND PREVENTATIVE MAINTENANCE RECOMMENDATIONS. SCHOOL HVAC SYSTEM TECHNI-
 CIANS OR SIMILARLY TITLED SCHOOL STAFF OR STAFF WHO  VOLUNTEERED  TO  BE
 TRAINED AND CERTIFIED IN HVAC MAINTENANCE, AND WHO ARE UNDER ANY COLLEC-
 TIVE BARGAINING AGREEMENT, ARE REQUIRED TO CREATE A PREVENTATIVE MAINTE-
 NANCE  PLAN  IN  ACCORDANCE  WITH ASHRAE 180 AND ASHRAE 62.1, CHAPTER 8.
 QUALIFIED ADJUSTING PERSONNEL SHALL PERFORM ADJUSTMENTS AND MEASUREMENTS
 WITHIN THE PREVENTATIVE MAINTENANCE PLAN. NOTHING IN THIS SECTION  SHALL
 BE  DEEMED  TO  SUPERSEDE  OR DIMINISH THE TERMS, RIGHTS, PRIVILEGES, OR
 REMEDIES OF ANY EMPLOYEE UNDER ANY COLLECTIVE  BARGAINING  AGREEMENT  OR
 EMPLOYMENT CONTRACT.
   (C) (I) IF A CLASSROOM, AUDITORIUM, GYMNASIUM, NURSES' OFFICE, KITCHEN
 OR  CAFETERIA  AREAS, RESTROOM, OFFICE, AND OTHER OCCUPIED AREA'S CARBON
 DIOXIDE CONCENTRATION ALARM SET POINT IS EXCEEDED FOR MORE THAN  FIFTEEN
 MINUTES  MORE  THAN  FOUR  TIMES  IN A MONTH, THE CLASSROOM, AUDITORIUM,
 GYMNASIUM, NURSES' OFFICE, KITCHEN OR CAFETERIA AREAS, RESTROOM, OFFICE,
 AND OTHER OCCUPIED AREA'S VENTILATION  RATES  SHALL  BE  ADJUSTED  OR  A
 S. 3107                             8
 
 DIRECT  OUTSIDE  AIRFLOW  MEASUREMENT  DEVICE INSTALLED AND ITS ACCURACY
 VERIFIED, TO ENSURE PEAK CARBON DIOXIDE CONCENTRATIONS IN THE CLASSROOM,
 AUDITORIUM, GYMNASIUM, NURSES' OFFICE, KITCHEN OR CAFETERIA AREAS, REST-
 ROOM,  OFFICE,  AND  OTHER  OCCUPIED  AREA  REMAINS BELOW THE SET POINT.
 ADJUSTMENTS SHALL BE  PERFORMED  BY  QUALIFIED  ADJUSTING  PERSONNEL  AS
 DEFINED IN PARAGRAPH (I) OF SUBDIVISION ONE OF THIS SECTION.
   (II)  EACH  SCHOOL  SHALL  RECORD  INCIDENTS  WHERE  THE SET POINT WAS
 EXCEEDED FOR MORE THAN FIFTEEN MINUTES MORE THAN FOUR TIMES IN A  MONTH.
 FIVE YEARS OF SUCH RECORDS SHALL BE KEPT FOR EACH CLASSROOM, AUDITORIUM,
 GYMNASIUM, NURSES' OFFICE, KITCHEN OR CAFETERIA AREAS, RESTROOM, OFFICE,
 AND  OTHER  OCCUPIED AREA AND MADE AVAILABLE TO THE PUBLIC AT LEAST ON A
 QUARTERLY BASIS.
   9. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS AS  MAY  BE
 NECESSARY AND APPROPRIATE TO IMPLEMENT THE PROVISIONS OF THIS SECTION.
   § 3. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 4. This act shall take effect immediately.