FERNANDEZ, HARCKHAM, JACKSON, KENNEDY, MANNION, MAY, RAMOS, RYAN, SKOUFIS
MLTSPNSR
Add 409-n, Ed L
Establishes a school ventilation and energy efficiency assessment, repair and verification program to require each school to: obtain an HVAC Assessment Report performed by qualified testing personnel documenting the functionality of the existing system or lack thereof, and obtain a report from a mechanical engineer identifying any upgrades, replacements or other measures recommended to improve the functionality, health and safety and/or energy efficiency of the HVAC system; adjust, and, if necessary, repair existing building HVAC systems, and install or replace HVAC systems, if necessary, to ensure proper and efficient operation, as well as compliance with health and safety standards; obtain an HVAC Verification Report performed by qualified testing personnel documenting any upgrades, replacements, installations or any other work performed on the HVAC system functions as designed and/or in compliance with health and safety standards; install CO2 sensors in classrooms, assembly areas, kitchen or cafeteria areas or building office spaces to provide ongoing verification that proper ventilation is maintained during operation; makes related provisions.
STATE OF NEW YORK
________________________________________________________________________
6563
2023-2024 Regular Sessions
IN SENATE
April 26, 2023
___________
Introduced by Sen. COONEY -- 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:
1 Section 1. Legislative findings and intent. The legislature hereby
2 finds and declares that:
3 a. The issue of ameliorating a school's air quality has gotten a lot
4 of well-deserved attention during the spread of COVID-19 though venti-
5 lation and also with the increase of extreme heat conditions in the
6 classrooms. Cleaner air is better for a school building's population
7 and even helps with higher thinking/cognitive abilities. Although
8 schools are now fully open, a school with an outdated or inadequate
9 heating, ventilation, and air conditioning (HVAC) system, which controls
10 the temperature, humidity, and air quality in school classrooms, leave
11 many schools susceptible to harmful airborne particles and, therefore,
12 vulnerable to any current or future contagion that plagues the state. It
13 is important for the state to establish a program which provides for the
14 safe ventilation and proper filtration of air throughout each school
15 building, so they can operate with the confidence that they have safe
16 and efficient HVAC systems in place.
17 b. The air ventilation and filtration process, essentially, seeks to
18 bring outside air into the school building and then both condition (heat
19 or cool) the outside air and remove any impure air particles as it
20 enters the building (as well as recycling the indoor air). To maintain
21 safety, air particles entering a school must meet minimum standards
22 after going through air purifiers/filters (e.g., MERV 13 filter) and
23 qualified testing personnel and engineers can assess and determine how
24 well a filtration system is working and how safe the air is.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10932-01-3
S. 6563 2
1 c. A program designed to ensure proper school air quality control must
2 include professional assessment, repair and/or replacement of both the
3 HVAC system, as well as carbon dioxide monitors so that any improvements
4 to those systems meet the ventilation rates detailed in the national
5 Uniform Mechanical Code. Reports generated from the continual monitoring
6 of carbon dioxide monitors and maintenance of the HVAC system must also
7 be made available to the public, electronically.
8 d. Approximately 41% of school districts across the United States of
9 America need HVAC and carbon dioxide system improvements, repairs or
10 updates. Safe air quality levels in public schools protect the health of
11 students and staff, significantly reduce the risk of infectious airborne
12 diseases, increase attendance and improve student performance. Funds
13 allocated through the U.S. Department of Education's Elementary and
14 Secondary Schools Emergency Relief (ESSER) Programs and the Governor's
15 Emergency Education Relief (GEER) Programs and the Department of Health
16 and Humans Services' Head Start and Child Care American Rescue Plan can
17 support improvements to ventilation; repairs, upgrades, and replacements
18 in Heating, Ventilation, and Air Conditioning (HVAC) systems; purchase
19 of MERV 13 air filters, portable air purifiers, and upper-room germici-
20 dal ultraviolet irradiation systems; as well as implementation of other
21 public health protocols and CDC guidance.
22 § 2. The education law is amended by adding a new section 409-n to
23 read as follows:
24 § 409-n. School ventilation and energy efficiency assessment, repair
25 and verification program. 1. For purposes of this section, the following
26 terms shall have the following meanings:
27 (a) "ANSI" means American National Standards Institute, or its succes-
28 sor.
29 (b) "ASHRAE" means American Society of Heating, Refrigeration and Air
30 Conditioning Engineers.
31 (c) "Certified TAB technician" means a technician certified to perform
32 testing, adjusting, and balancing of HVAC systems by the Associated Air
33 Balance Council (AABC), National Environmental Balancing Bureau (NEBB),
34 or the Testing, Adjusting and Balancing Bureau (TABB), or their succes-
35 sors.
36 (d) "HVAC" means heating, ventilation, and air conditioning.
37 (e) "Mechanical code" means the most recent version of the Mechanical
38 Code of New York State or, for the City of New York, the most recent
39 version of the New York City Mechanical Code.
40 (f) "Mechanical engineer" means a professional engineer licensed as a
41 mechanical engineer by the state of New York and who has professional
42 experience with heating, ventilation, and air conditioning systems.
43 (g) "MERV" means minimum efficiency reporting value, as established by
44 ASHRAE Standard 52.2-2017 -- Method of Testing General Ventilation Air-
45 Cleaning Devices for Removal Efficiency by Particle Size.
46 (h) "ppm" means parts per million.
47 (i) "Qualified adjusting personnel" means either of the following:
48 (i) A certified TAB technician; or
49 (ii) A skilled and trained workforce under the supervision of a certi-
50 fied TAB technician.
51 (j) "Qualified testing personnel" means either of the following:
52 (i) A certified TAB technician; or
53 (ii) A person certified to perform ventilation verification assess-
54 ments of heating, ventilation and air conditioning systems from an
55 organization that has been accredited under the ISO/IEC 17024 Personnel
56 Certification standard in ventilation verification assessments.
S. 6563 3
1 (k) "Registered apprenticeship program" means an apprenticeship
2 program registered with the department of labor.
3 (l) "School" shall include but not be limited to a school district,
4 public school, board of cooperative educational services, special act
5 school district as defined in section four thousand one of this chapter,
6 approved preschool special education program pursuant to section forty-
7 four hundred ten of this chapter, schools and programs authorized by
8 articles eighty-one and eighty-nine of this chapter, state-supported
9 schools in accordance with article eighty-five of this chapter, or any
10 public, private or charter primary, secondary education school.
11 (m) "Skilled and trained workforce" means a workforce where at least
12 sixty percent of the construction workers are graduates of or registered
13 in and attending a registered apprenticeship program for the applicable
14 occupation.
15 (n) "TAB" means testing, adjusting, and balancing of a HVAC system.
16 2. Each school shall comply with the procedures set forth in subdivi-
17 sions three, four, five, six and seven of this section for all occupied
18 buildings under the school's control. These procedures shall be
19 completed within twenty-four months after the effective date of this
20 section and at least once every five years thereafter, as part of the
21 school's building condition survey required pursuant to section four
22 hundred nine-d of this article.
23 3. Each school shall ensure that qualified testing personnel or quali-
24 fied adjusting personnel performs the following assessments:
25 (a) Qualified testing personnel shall review system capacity and
26 airflow to determine the highest minimum efficiency reporting value
27 (MERV) filtration that can be installed without adversely impacting
28 equipment, shall replace or upgrade filters where needed, and shall
29 verify that such filters are installed correctly. Recommendations for
30 additional maintenance in accordance with ASHRAE Standard 62.1- 2022
31 Section 8 and Table 8--1, frequency of filter replacement, replacement,
32 or upgrades to allow for more protective filtration shall be recorded in
33 the HVAC Assessment Report where filtration meeting or exceeding the
34 protection of MERV 13 filters cannot be met in the current system.
35 (b) Qualified testing personnel shall assess the ventilation rates in
36 the facility classrooms, auditoriums, gymnasiums, nurses' offices,
37 kitchen or cafeteria areas, restrooms, and other occupied areas to
38 determine whether they meet the minimum ventilation rate requirements
39 set forth in the mechanical code for new construction. Assessment shall
40 include, but not be limited to, the following:
41 (i) Calculation of the estimated minimum outside air ventilation rates
42 for each occupied area based on the anticipated maximum occupant densi-
43 ty, occupancy category, and square footage and the minimum required
44 ventilation rate per occupant. Calculations shall be based on maximum
45 anticipated classroom or other occupied area occupancy rates and deter-
46 mined by the required ventilation rates set forth in the mechanical code
47 for new construction;
48 (ii) Measurement of outside air, and verification of whether the
49 system provides the minimum outside air ventilation rates calculated in
50 subparagraph (i) of this paragraph;
51 (iii) Verification of coil velocities and unit discharge air temper-
52 atures required to maintain desired indoor conditions and to avoid mois-
53 ture carry over from cooling coils;
54 (iv) Verification that separation between outdoor air intakes and
55 exhaust discharge outlets meet the requirements of the mechanical code;
S. 6563 4
1 (v) Confirmation that the air handling unit is bringing in outdoor air
2 and removing exhaust air as intended by the system design; and
3 (vii) Measurement of exhaust air volume for exhaust fans, including
4 restrooms, and verification that exhaust air volume meets system design
5 and the requirements of the mechanical code.
6 (c) For systems with economizers, qualified testing personnel shall
7 test system economizer dampers for proper operation. Economizer dampers
8 and controls that are not properly functioning shall be repaired by a
9 skilled and trained workforce. Recommendations for additional mainte-
10 nance, replacement or upgrades shall be recorded in the HVAC assessment
11 report.
12 (d) If installed, demand control ventilation systems shall be verified
13 by qualified testing personnel for proper operation. Demand control
14 ventilation systems that are not properly functioning shall be repaired
15 by a skilled and trained workforce. If the demand control ventilation
16 system is recommended to be disabled or is unable to provide recommended
17 ventilation rates, the HVAC system must be configured to meet the mini-
18 mum ventilation rate requirements without use of the demand control
19 ventilation and tested and adjusted to achieve design minimum outside
20 air value. Recommendations for additional maintenance, replacement or
21 upgrades shall be recorded in the HVAC assessment report.
22 (e) (i) Qualified testing personnel shall: (A) perform survey readings
23 of inlets and outlets to verify all ventilation is reaching the served
24 zone and that there is adequate distribution; (B) verify if inlets and
25 outlets are balanced within tolerance of the system design; and (C)
26 document read values and deficiencies. If the original system design
27 values are not available, qualified testing personnel shall document
28 available information and note unavailability of system design values in
29 the HVAC assessment report.
30 (ii) Qualified testing personnel shall verify building and space pres-
31 sure to ensure:
32 (A) Pressure differential is within tolerance of design, if known.
33 (B) Building is not over or under pressurized.
34 (C) If applicable, rooms designated for temporary occupation by sick
35 students or staff shall maintain a negative pressure, or as otherwise
36 designed.
37 (f) Qualified testing personnel shall verify coil condition, conden-
38 sate drainage, cooling coil air temperature differential (entering and
39 leaving dry bulb), heat exchanger air temperature differential (entering
40 and leaving dry bulb), and drive assembly condition. Recommendations for
41 additional maintenance in accordance with ASHRAE Standard 62.1- 2022
42 Section 8 and Table 8--1, replacement or upgrades shall be recorded in
43 the HVAC assessment report.
44 (g) Qualified testing personnel shall review control sequences to:
45 (i) verify systems will maintain intended ventilation, temperature,
46 and humidity conditions during school operation; and
47 (ii) verify a daily flush is scheduled per applicable local or state
48 guidance.
49 (h) (i) Verification that all classrooms, assembly areas and office
50 spaces intended for more than ten permanent occupants are equipped with
51 a carbon dioxide monitor that:
52 (A) Is hardwired, plug-in, or battery-operated and mounted to the wall
53 between three and six feet above the floor and at least five feet away
54 from the door and operable windows;
S. 6563 5
1 (B) Displays the carbon dioxide readings to the teacher through a
2 display on the device or other means such as a web-based application or
3 cell phone application;
4 (C) Notifies the teacher and other appropriate school personnel
5 through visual indicator on the monitor (e.g., indicator light) or other
6 alert such as e-mail, text, or cell phone application, when the carbon
7 dioxide levels in the classroom have exceeded 1,100 ppm;
8 (D) Maintains a record of previous data which includes at least the
9 maximum carbon dioxide concentration measured;
10 (E) Has a range of 1-5000 ppm; and
11 (F) Is certified by the manufacturer to be accurate within 75 ppm at
12 1,000 ppm carbon dioxide concentration and is certified by the manufac-
13 turer to require calibration no more frequently than once every five
14 years.
15 (ii) The technical specifications for carbon dioxide monitors set
16 forth above may be amended by regulation as necessary to reflect avail-
17 able technology and to achieve the intent of this subdivision.
18 (iii) Classrooms, assembly areas, kitchen or cafeteria areas, and
19 office spaces intended for more than ten permanent occupants that are
20 not equipped with a carbon dioxide monitor meeting the above require-
21 ments shall be retrofitted to include such a monitor as part of this
22 assessment.
23 (iv) Where an existing carbon dioxide monitor is more than five years
24 old, a qualified testing technician shall verify that the carbon dioxide
25 monitor is accurate within 75 ppm at 1,000 ppm carbon dioxide, and shall
26 recalibrate or replace the carbon dioxide monitor where needed to meet
27 the required accuracy.
28 (i) In facilities where there is limited or no existing mechanical
29 ventilation, the assessment shall focus on documenting existing condi-
30 tions and providing the mechanical engineer with the information needed
31 to provide mechanical ventilation upgrade recommendations if needed to
32 ensure proper ventilation and indoor air quality. Classrooms or other
33 rooms being occupied within a school with limited or no existing mechan-
34 ical ventilation shall be required to comply with the requirement to
35 install carbon dioxide monitors.
36 4. (a) A qualified testing personnel or qualified adjusting personnel
37 shall prepare an HVAC assessment report for review by a mechanical engi-
38 neer. The HVAC assessment report shall be documented utilizing the
39 sample ventilation verification test sheets listed in the prerequisite
40 section, additional guidance, of ASHRAE Technical Committee 9.7, Educa-
41 tional Facilities Design Guidance for Education Facilities: Prioritiza-
42 tion for Advanced Indoor Air Quality, 2023 publication.
43 (b) The HVAC assessment report shall include, but not be limited to,
44 the following information:
45 (i) Name and address of school facility and person or contractor
46 preparing and certifying the assessment report;
47 (ii) Description of assessment, maintenance, adjustment and repair
48 activities and outcomes;
49 (iii) Documentation of HVAC equipment model number, serial number,
50 general condition of unit, and any additional information that could be
51 used to assess replacement and repair options given potential for
52 increased energy efficiency benefits;
53 (iv) Either verification that filters that meet or exceed the
54 protection of MERV 13 filters have been installed or verification that
55 the maximum MERV-rated filter that the system is able to effectively
56 handle has been installed and what that MERV-rating is;
S. 6563 6
1 (v) Verification that all requirements of the program have been satis-
2 fied, including installation of carbon dioxide monitors;
3 (vi) The verified ventilation rates for facility classrooms, auditori-
4 ums, kitchen or cafeteria areas, gymnasiums, nurses' offices, restrooms,
5 offices, and other occupied areas, and whether those rates meet the
6 requirements set forth for new construction in the mechanical code;
7 (vii) The verified exhaust for facility classrooms, auditoriums,
8 gymnasiums, nurses' offices, restrooms, and other occupied areas and
9 whether those rates meet system design and the requirements of the
10 mechanical code;
11 (viii) Documentation of system deficiencies and recommendations for
12 additional maintenance in accordance with ASHRAE Standard 62.1- 2022
13 Section 8 and Table 8--1, replacement or upgrades to improve energy
14 efficiency, safety, or performance, if any; and
15 (ix) Verification that all work has been performed by qualified
16 personnel, including the provision of the contractor's name, qualified
17 testing personnel or qualified adjusting personnel name or names and
18 certification number or numbers, and verification that all construction
19 work has been performed by a skilled and trained workforce.
20 5. (a) A mechanical engineer shall review the HVAC assessment report,
21 verify or adjust the estimated minimum outside air ventilation rates and
22 determine what, if any, additional adjustments, repairs, upgrades or
23 replacements would be necessary to meet the minimum ventilation and
24 filtration requirements and provide a cost estimate for all recommended
25 work.
26 (b) If the mechanical engineer's cost estimate for additional adjust-
27 ments, repairs, upgrades, or replacements necessary to meet minimum
28 ventilation and filtration requirements exceeds two hundred thousand
29 dollars, the mechanical engineer shall also provide a recommendation for
30 adjustments, repairs, upgrades or replacements that would best improve
31 ventilation and filtration conditions at a cost not to exceed two
32 hundred thousand dollars.
33 6. (a) All HVAC repairs, upgrades, or replacements shall be performed
34 by a skilled and trained workforce. All HVAC adjustments shall be
35 performed by qualified adjusting personnel.
36 (b) Adjustments, repairs, upgrades, or replacements recommended by the
37 mechanical engineer shall be completed to the extent the cost does not
38 to exceed two hundred thousand dollars. If recommended adjustments,
39 repairs, upgrades, or replacements exceed two hundred thousand dollars
40 in costs to ensure classrooms meet minimum ventilation and filtration
41 requirements, the school may authorize expenditure of additional avail-
42 able funds and/or shall seek additional funds, if necessary, to make the
43 recommended adjustments, repairs, upgrades, or replacements.
44 7. (a) The school shall prepare an HVAC verification report within
45 thirty days of completion of all work pursuant to this section.
46 (b) The HVAC verification report shall include, but not be limited to,
47 the following information:
48 (i) Name and address of school and each building;
49 (ii) Name of person or contractor preparing and certifying the report;
50 (iii) Description of assessment, maintenance, adjustment, repair,
51 upgrade, and replacement activities and outcomes;
52 (iv) Verification that all requirements of this section have been met;
53 (v) Verification that either filters meeting or exceeding MERV 13
54 protection have been installed or verification that the maximum
55 MERV-rated filter that the system is able to effectively handle has been
56 installed and what that MERV-rating is;
S. 6563 7
1 (vi) The verified ventilation rates for facility classrooms, assembly
2 areas, kitchen or cafeteria areas, offices, restrooms, and other occu-
3 pied areas and whether those rates meet the requirements set forth for
4 new construction in the mechanical code. If ventilation rates do not
5 meet these requirements, then an explanation for why the current system
6 is unable to meet those rates shall be provided;
7 (vii) The verified exhaust for facility classrooms, auditoriums,
8 gymnasiums, nurses' offices, kitchen or cafeteria areas, restrooms, and
9 other occupied areas and whether those rates meet system design and the
10 requirements of the mechanical code;
11 (viii) Documentation of repairs, upgrades or replacements performed
12 pursuant to the HVAC assessment report and mechanical engineer recommen-
13 dations, including all work performed;
14 (ix) Documentation of recommendations for additional maintenance in
15 accordance with ASHRAE Standard 62.1- 2022 Section 8 and Table 8--1,
16 repairs, replacement, or upgrades to improve energy efficiency, safety,
17 or performance;
18 (x) Documentation of initial operating verifications, adjustments, and
19 final operating verifications, and document any adjustments or repairs
20 performed;
21 (xi) Verification of installation of carbon dioxide monitors, includ-
22 ing the number verified and installed, make, and model of monitors; and
23 (xii) Verification that all work has been performed by qualified
24 personnel, including the provision of the contractor's name, qualified
25 testing personnel or qualified adjusting personnel name or names and
26 certification number or numbers, and verification that all construction
27 work has been performed by a skilled and trained workforce.
28 (c) The school shall maintain a copy of the HVAC verification report
29 for a minimum of five years and make it available to any member of the
30 public, electronically, upon request.
31 8. (a) At least once every five years following initial inspection in
32 accordance with ASHRAE Standard 62.1- 2022 Section 8 and Table 8--1, a
33 qualified testing personnel shall perform the assessment, maintenance,
34 adjustment, controls, carbon dioxide monitoring and verification pursu-
35 ant to subdivisions three, four, five, six and seven of this section.
36 (b) Upon conclusion of the periodic inspection, qualified testing
37 personnel who performed the periodic inspection shall offer onsite
38 training with appropriate school staff on the findings of the
39 inspection. The training shall include equipment identification and
40 operations, safety protocols, review of periodic inspection findings,
41 and preventative maintenance recommendations. School HVAC system techni-
42 cians or similarly titled school staff or staff who volunteered to be
43 trained and certified in HVAC maintenance, and who are under any collec-
44 tive bargaining agreement, are required to create a preventative mainte-
45 nance plan in accordance with ASHRAE 180 and ASHRAE 62.1, chapter 8.
46 Qualified adjusting personnel shall perform adjustments and measurements
47 within the preventative maintenance plan. Nothing in this section shall
48 be deemed to supersede or diminish the terms, rights, privileges, or
49 remedies of any employee under any collective bargaining agreement or
50 employment contract.
51 (c) (i) If a classroom, auditorium, gymnasium, nurses' office, kitchen
52 or cafeteria areas, restroom, office, and other occupied area's carbon
53 dioxide concentration alarm set point is exceeded for more than fifteen
54 minutes more than four times in a month, the classroom, auditorium,
55 gymnasium, nurses' office, kitchen or cafeteriia areas, restroom,
56 office, and other occupied area's ventilation rates shall be adjusted or
S. 6563 8
1 a direct outside airflow measurement device installed and its accuracy
2 verified, to ensure peak carbon dioxide concentrations in the classroom,
3 auditorium, gymnasium, nurses' office, kitchen or cafeteria areas, rest-
4 room, office, and other occupied area remains below the set point.
5 Adjustments shall be performed by qualified adjusting personnel as
6 defined in paragraph (i) of subdivision one of this section.
7 (ii) Each school shall record incidents where the set point was
8 exceeded for more than fifteen minutes more than four times in a month.
9 Five years of such records shall be kept for each classroom, auditorium,
10 gymnasium, nurses' office, kitchen or cafeteria areas, restroom, office,
11 and other occupied area and made available to the public at least on a
12 quarterly basis.
13 9. The commissioner shall promulgate rules and regulations as may be
14 necessary and appropriate to implement the provisions of this section.
15 § 3. Severability. If any provision of this act, or any application of
16 any provision of this act, is held to be invalid, that shall not affect
17 the validity or effectiveness of any other provision of this act, or of
18 any other application of any provision of this act, which can be given
19 effect without that provision or application; and to that end, the
20 provisions and applications of this act are severable.
21 § 4. This act take effect immediately.
