HF 4699

as introduced - 92nd Legislature (2021 - 2022) Posted on 03/31/2022 06:47pm

A bill for an act
relating to education; establishing the air ventilation program for public school
buildings; authorizing grants; appropriating money; proposing coding for new law
in Minnesota Statutes, chapter 123B.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [123B.661] AIR VENTILATION PROGRAM ACT.
new text end

new text begin Sections 123B.661 to 123B.665 may be cited as the "Air Ventilation Program Act."
new text end

Sec. 2.

new text begin [123B.662] AIR VENTILATION PROGRAM PURPOSE.
new text end

new text begin (a) The purpose of the Air Ventilation Program Act is to:
new text end

new text begin (1) save energy;
new text end

new text begin (2) improve indoor air quality in schools to protect student and staff health, improve
attendance, improve student performance, and reduce the risk of transmission of airborne
viruses;
new text end

new text begin (3) provide direct support to schools and students in communities with high rates of
poverty;
new text end

new text begin (4) create high-quality jobs;
new text end

new text begin (5) benefit ratepayers by the reduction in system load resulting from the program;
new text end

new text begin (6) assess, maintain, adjust, and, if necessary, repair existing heating, ventilation, and
air conditioning (HVAC) systems to verify proper and efficient operation, as well as
compliance with health and safety standards;
new text end

new text begin (7) ensure that school buildings have temperature controls for a suitable learning
environment; and
new text end

new text begin (8) prepare a heating, ventilation, and air conditioning assessment report documenting
the work performed and identifying any additional system testing, adjusting, and balancing
requirements; upgrades; replacements; or other measures recommended to improve health
and safety; and efficiency of the HVAC system.
new text end

new text begin (b) A public school with facilities that comply with these requirements must provide the
final heating, ventilation, and air conditioning ventilation verification report to students,
parents, school personnel, and the public documenting that adequate measures have been
taken to ensure the HVAC system is operational and meets all applicable codes and standards.
new text end

Sec. 3.

new text begin [123B.663] AIR VENTILATION PROGRAM DEFINITIONS.
new text end

new text begin Subdivision 1. new text end

new text begin General. new text end

new text begin For purposes of sections 123B.661 to 123B.665, the terms in
this section have the meanings given unless the language or context clearly shows that a
different meaning is intended.
new text end

new text begin Subd. 2. new text end

new text begin ANSI. new text end

new text begin "ANSI" means American National Standards Institute.
new text end

new text begin Subd. 3. new text end

new text begin ASHRAE. new text end

new text begin "ASHRAE" means American Society of Heating Refrigeration Air
Conditioning Engineers.
new text end

new text begin Subd. 4. new text end

new text begin Certified TAB technician. new text end

new text begin "Certified TAB technician" means a technician
certified to perform testing, adjusting, and balancing of HVAC systems by the Associated
Air Balance Council, National Environmental Balancing Bureau, or the Testing, Adjusting
and Balancing Bureau.
new text end

new text begin Subd. 5. new text end

new text begin HVAC. new text end

new text begin "HVAC" means heating, ventilation, and air conditioning.
new text end

new text begin Subd. 6. new text end

new text begin Licensed professional engineer. new text end

new text begin "Licensed professional engineer" means a
professional engineer licensed under sections 326.02 to 326.15 who holds an active license,
is in good standing, and is not subject to any disciplinary or other actions with the Board
of Architecture, Engineering, Land Surveying, Landscape Architecture, Geoscience, and
Interior Design.
new text end

new text begin Subd. 7. new text end

new text begin MERV. new text end

new text begin "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.
new text end

new text begin Subd. 8. new text end

new text begin Minnesota mechanical code. new text end

new text begin "Minnesota mechanical code" means Minnesota
Rules, parts 1346.0050 to 1346.1500.
new text end

new text begin Subd. 9. new text end

new text begin PPM. new text end

new text begin "Ppm" means parts per million.
new text end

new text begin Subd. 10. new text end

new text begin Program. new text end

new text begin "Program" means the air ventilation program.
new text end

new text begin Subd. 11. new text end

new text begin Program administrator. new text end

new text begin "Program administrator" means the commissioner
of commerce or the commissioner's representative.
new text end

new text begin Subd. 12. new text end

new text begin Qualified adjusting personnel. new text end

new text begin "Qualified adjusting personnel" means one
of the following:
new text end

new text begin (1) a certified TAB technician;
new text end

new text begin (2) a skilled and trained workforce under the supervision of a certified TAB technician;
or
new text end

new text begin (3) a person certified as a testing, adjusting, and balancing technician through a program
accredited by ANSI under the International Organization for Standardization ISO/IEC 17024
standard.
new text end

new text begin Subd. 13. new text end

new text begin Qualified testing personnel. new text end

new text begin "Qualified testing personnel" means one of the
following:
new text end

new text begin (1) a certified TAB technician; or
new text end

new text begin (2) a skilled and trained workforce under the supervision of a certified TAB technician.
new text end

new text begin Subd. 14. new text end

new text begin Registered apprenticeship program. new text end

new text begin "Registered apprenticeship program"
means an apprenticeship program that is registered under chapter 178 or Code of Federal
Regulations, title 29, part 29.
new text end

new text begin Subd. 15. new text end

new text begin Skilled and trained workforce. new text end

new text begin "Skilled and trained workforce" means a
workforce where at least 80 percent of the construction workers are either graduates of a
registered apprenticeship program for the applicable occupation or are registered as
apprentices in a registered apprenticeship program for the applicable occupation.
new text end

new text begin Subd. 16. new text end

new text begin TAB. new text end

new text begin "TAB" means testing, adjusting, and balancing of an HVAC system.
new text end

Sec. 4.

new text begin [123B.664] AIR VENTILATION PROGRAM GRANTS AND GUIDELINES.
new text end

new text begin Subdivision 1. new text end

new text begin Grant program. new text end

new text begin The Department of Commerce shall establish and
administer the air ventilation program to award grants to school boards to ensure that their
schools have functional HVAC systems that are tested, adjusted, repaired, upgraded, or
replaced to further the purposes of sections 123B.661 to 123B.665.
new text end

new text begin Subd. 2. new text end

new text begin Grant applications. new text end

new text begin A school board may apply for a grant by submitting an
application to the program administrator, in a form and manner determined by the program
administrator, for reasonable costs of an HVAC assessment, assessment report, general
maintenance, adjustment of ventilation rates, filter replacement, and carbon dioxide monitor
installation. The amount requested in the application must be verified by a licensed
professional engineer's estimate.
new text end

new text begin Subd. 3. new text end

new text begin Grant awards. new text end

new text begin (a) The program administrator shall award a grant if the school
board meets the requirements determined by the program administrator to be appropriate
to achieve one or more of the following purposes:
new text end

new text begin (1) improving indoor air quality in schools to protect student and teacher health, improve
attendance, improve student performance, and reduce the risk of transmission of airborne
viruses;
new text end

new text begin (2) providing direct support to schools and school children in communities with high
rates of poverty as determined by receipt of federal Title I funding;
new text end

new text begin (3) promoting energy efficiency;
new text end

new text begin (4) complying with applicable health and safety standards;
new text end

new text begin (5) ensuring that school buildings have temperature controls for a suitable learning
environment; and
new text end

new text begin (6) assessing, maintaining, adjusting, and, if necessary, repairing existing HVAC systems
to ensure proper and efficient operation.
new text end

new text begin (b) The program administrator shall give priority to grant applications seeking to further
any of the purposes in paragraph (a), clauses (1) to (5).
new text end

new text begin Subd. 4. new text end

new text begin Amount of grants. new text end

new text begin A grant shall be awarded in the requested amount plus, as
contingency funding, an additional amount up to 20 percent of the requested amount for
repairs, upgrades, or replacements necessary to make the system functional or more energy
efficient as determined by the licensed professional engineer. The 20 percent contingency
funding shall be returned to the air ventilation program if not used for the purposes specified.
new text end

new text begin Subd. 5. new text end

new text begin Application for additional funding. new text end

new text begin A school board may apply for additional
funding if a licensed professional engineer identifies cost-effective energy efficiency upgrades
or repairs that exceed the additional 20 percent contingency funding awarded.
new text end

new text begin Subd. 6. new text end

new text begin Grants for work already performed. new text end

new text begin The program administrator shall award
a grant under this section for reimbursement of work already performed if the work was
contracted and performed after ....... and meets the requirements established by the program
administrator in subdivision 3 and section 123C.05.
new text end

new text begin Subd. 7. new text end

new text begin Program guidelines and rules. new text end

new text begin (a) The program administrator shall:
new text end

new text begin (1) adopt guidelines for the air ventilation program;
new text end

new text begin (2) establish the timing of grant funding and may provide some or all funding in advance
of the performance of work if required to ensure completion;
new text end

new text begin (3) adopt guidelines no later than .......; and
new text end

new text begin (4) ensure the air ventilation program is operating and may receive applications for
grants no later than ....... and begin to approve applications no later than ....... subject to the
availability of funds.
new text end

new text begin (b) The technical and reporting requirements of the air ventilation program may be
amended by the program administrator as necessary to reflect current COVID-19 guidance
or other applicable guidance, to achieve the intent of the air ventilation program, and to
ensure consistency with other related requirements and codes.
new text end

new text begin (c) The program administrator may use no more than five percent, not to exceed
$5,000,000 per year, of the program funds for administering the program, including providing
technical support to program participants.
new text end

new text begin (d) The program administrator may establish rules for the air ventilation program.
new text end

Sec. 5.

new text begin [123B.665] AIR VENTILATION TESTING AND MAINTENANCE
PROCEDURES.
new text end

new text begin Subdivision 1. new text end

new text begin Functions of qualified personnel. new text end

new text begin (a) Qualified testing personnel or
qualified adjusting personnel shall perform the following functions:
new text end

new text begin (1) qualified testing personnel must install filtration with a MERV of 13 or better in the
school's HVAC systems where feasible. Qualified testing personnel shall review system
capacity and airflow to determine the highest MERV filtration that can be installed without
adversely impacting equipment, replace or upgrade filters where needed, and verify that
those filters are installed correctly. For systems that use ultraviolet germicidal irradiation
to disinfect the air, qualified testing personnel shall check the lamps for proper operation,
replace bulbs as needed, and verify that the ultraviolet light does not shine on filters. Qualified
testing personnel shall record in the assessment report recommendations for additional
maintenance, replacement, or upgrades to allow for more protective filtration; and
new text end

new text begin (2) for systems with economizers, qualified testing personnel shall test system economizer
damper operation. A skilled and trained workforce shall repair economizer dampers and
controls that are not properly functioning. Qualified testing personnel shall record in the
assessment report recommendations for additional maintenance, replacement, or upgrades.
new text end

new text begin (b) After completing the requirements of clauses (1) and (2), qualified testing personnel
shall verify the ventilation rates in the facility classrooms, auditoriums, gymnasiums, nurses'
offices, restrooms, and other occupied areas to assess whether they meet the minimum
ventilation rate requirements set forth in ANSI/ASHRAE Standard 62.1-2019, Ventilation
for Acceptable Indoor Air. The assessment shall include:
new text end

new text begin (1) calculation of the required minimum outside air ventilation rates for each occupied
area based on the anticipated occupancy and the minimum required ventilation rate per
occupant. Calculations shall be based on maximum anticipated classroom or other occupied
area occupancy rates and determined by the Minnesota mechanical code. Natural ventilation
shall be designed in accordance with the Minnesota mechanical code and shall include
mechanical ventilation systems designed in accordance with the Minnesota mechanical
code;
new text end

new text begin (2) measurement of outside air and verification of whether the system provides the
minimum outside air ventilation rates. If the system does not meet the minimum ventilation
rate requirements calculated in clause (1), the licensed professional engineer or qualified
adjusting personnel shall review the system airflow and capacity to determine if additional
ventilation can be provided without adversely impacting equipment performance and indoor
environmental quality. If additional ventilation can be provided, qualified adjusting personnel
shall adjust ventilation rates to meet the minimum ventilation rate requirements calculated
in clause (1), to the extent feasible. After the adjustment, the measurement of outside air
and verification of whether the system provides the minimum outside air ventilation rates
shall be repeated. If minimum ventilation rate requirements calculated in clause (1) cannot
be met, the qualified testing personnel shall report the deficiency in the assessment report
and the verification report and a licensed professional engineer shall address the deficiency
as required;
new text end

new text begin (3) survey of readings of inlets and outlets to verify all ventilation is reaching the served
zone and that there is adequate distribution;
new text end

new text begin (4) verification of whether inlets and outlets are balanced within tolerance of the system
design;
new text end

new text begin (5) documentation of readings of values and deficiencies. If the original system design
values are not available, the qualified testing personnel shall document available information
and note unavailability of system design values in the assessment report;
new text end

new text begin (6) verification of building pressure relative to the outdoors to ensure positive pressure
differential and to ensure the building is not overpressurized;
new text end

new text begin (7) verification of coil velocities and coil and unit discharge air temperatures required
to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;
new text end

new text begin (8) verification that separation between outdoor air intakes and exhaust discharge outlets
meets the requirements of the Minnesota mechanical code;
new text end

new text begin (9) confirmation that the air handling unit is bringing in outdoor air and removing exhaust
air as intended by the system design;
new text end

new text begin (10) measurement of all exhaust air volume for exhaust fans, including restrooms, and
documentation of any discrepancies from system design;
new text end

new text begin (11) if installed, a demand control ventilation adjusted to a carbon dioxide set point of
800 ppm or less and tested by qualified testing personnel. If the demand control ventilation
system does not maintain average daily maximum carbon dioxide levels below 1,100 ppm,
it shall be disabled until such time as the school board determines that the COVID-19 crisis
has passed, unless disabling the control would adversely affect operation of the overall
system. When disabling a demand control ventilation system, the system must be configured
to meet the minimum ventilation rate requirements and tested and adjusted. Qualified testing
personnel shall record in the assessment report recommendations for additional maintenance,
replacement, or upgrades;
new text end

new text begin (12) verification of coil condition, condensate drainage, cooling coil air temperature
differentials (entering and leaving dry bulb), heat exchanger operation, and drive assembly.
If a repair, replacement, or upgrade is necessary, the qualified testing personnel shall report
the deficiency in the assessment report and the verification report and a licensed professional
engineer shall address the deficiency as required;
new text end

new text begin (13) review of control sequences to verify systems will maintain intended ventilation,
temperature, and humidity conditions during school operation. Qualified testing personnel
shall reopen previously unoccupied buildings and perform the recommended practices
covered in the ASHRAE Building Readiness document - Restarting a Building;
new text end

new text begin (14) verification that a daily flush is scheduled for two hours before and after scheduled
occupancy or demonstration of calculation of flush times per ASHRAE Guidance for
Reopening and Operating Schools and Buildings or otherwise applicable local or state
guidance; and
new text end

new text begin (15) verification that HVAC system operation times, exhaust fans operation times,
setpoints, and enabled features meet ASHRAE Guidance for Reopening and Operating
Schools and Buildings or otherwise applicable local or state guidance.
new text end

new text begin Subd. 2. new text end

new text begin Modifications by program administrator. new text end

new text begin Requirements for filtration levels,
ventilation rates, and ventilation schedules may be modified by the program administrator
based on the latest COVID-19 or other applicable guidance.
new text end

new text begin Subd. 3. new text end

new text begin Corrective measures. new text end

new text begin If installed HVAC systems or system components are
broken, fail to meet minimum ventilation requirements, or are unable to operate to the
original design and intent, the qualified testing personnel shall report this information in
the assessment report and provide the assessment report to a licensed professional engineer
for determination of appropriate corrective measures. A skilled and trained workforce shall
perform repairs, upgrades, or replacements.
new text end

new text begin Subd. 4. new text end

new text begin Limited or no existing mechanical ventilation. new text end

new text begin In facilities where there is
limited or no existing mechanical ventilation, the assessment shall include documentation
of existing conditions and shall provide the licensed professional engineer with the
information needed to provide mechanical ventilation upgrade recommendations to ensure
proper mechanical ventilation consistent with the Minnesota mechanical code.
new text end

new text begin Subd. 5. new text end

new text begin Carbon dioxide monitors. new text end

new text begin To ensure proper ventilation is maintained
throughout the school year, all classrooms shall be equipped with a carbon dioxide monitor
that meets the following requirements:
new text end

new text begin (1) is hardwired or plugged in 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;
new text end

new text begin (2) displays the carbon dioxide readings to the teacher through a display on the device
or other means such as a web-based application or cellular phone application;
new text end

new text begin (3) provides a notification through a visual indicator on the monitor, such as an indicator
light, or other alert system, such as an e-mail, text, or cellular telephone application, when
the carbon dioxide levels in the classroom have exceeded 1,100 ppm;
new text end

new text begin (4) maintains a record of previous data that includes at least the maximum carbon dioxide
concentration measured;
new text end

new text begin (5) has a range of 400 ppm to 2,000 ppm or greater; and
new text end

new text begin (6) is certified by the manufacturer to be accurate within 75 ppm at 1,000 ppm carbon
dioxide concentration and is certified by the manufacturer to require calibration no more
frequently than once every five years.
new text end

new text begin Subd. 6. new text end

new text begin Adjustment by qualified personnel. new text end

new text begin If a classroom carbon dioxide
concentration exceeds 1,100 ppm more than once a week as observed by the teacher or the
facility's staff, qualified personnel shall adjust the classroom ventilation rates to ensure peak
carbon dioxide concentrations in the classroom remain below the maximum allowable
carbon dioxide ppm setpoint. Qualified testing personnel shall include in the assessment
report verification of the installation of carbon dioxide monitors in all classrooms.
new text end

new text begin Subd. 7. new text end

new text begin Modifications by program administrator; carbon dioxide monitors. new text end

new text begin The
requirements of subdivision 5, clauses (1) to (6), may be modified by the program
administrator as necessary to reflect available technology and to achieve the intent of this
section.
new text end

new text begin Subd. 8. new text end

new text begin Assessment report. new text end

new text begin Qualified testing personnel or qualified adjusting personnel
shall prepare an assessment report for review by a licensed professional engineer. The
licensed professional engineer shall review the assessment report and determine what, if
any, additional adjustments or repairs are necessary to meet the minimum ventilation and
filtration requirements, determine whether any cost-effective energy efficiency upgrades
or replacements are warranted or recommended, and provide an estimated cost for the work.
If the cost of recommended repairs, upgrades, or replacements is greater than the contingency
amount provided in the grant, the licensed professional engineer and the school board shall
submit an application for additional funding pursuant to this chapter. Additional grants
awarded for repairs, upgrades, or replacements shall be conditioned on the applicant ensuring
that all construction work funded, in whole or in part, by the additional grant is performed
by a skilled and trained workforce. The assessment report shall include:
new text end

new text begin (1) name and address of school facility and person or contractor preparing and certifying
the assessment report;
new text end

new text begin (2) documentation of HVAC equipment model number, serial number, general condition
of the unit, and any additional information that could be used to assess replacement and
repair options given the potential for increased energy efficiency benefits;
new text end

new text begin (3) either verification that 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;
new text end

new text begin (4) the verified ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses'
offices, restrooms, offices, and other occupied areas, and whether those rates meet the
requirements set forth in ANSI/ASHRAE Standard 62.1-2019. An explanation is required
for any ventilation rates that do not meet applicable requirements documenting why the
current system is unable to meet requirements;
new text end

new text begin (5) the verified exhaust for facility classrooms, auditoriums, gymnasiums, nurses' offices,
restrooms, and other occupied areas and whether those rates meet the requirements set forth
in the system design intent; and
new text end

new text begin (6) documentation of system deficiencies and recommendations for additional
maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance.
new text end

new text begin Subd. 9. new text end

new text begin HVAC verification report. new text end

new text begin Upon completion of all work funded by a grant
pursuant to this article, the school board shall prepare an HVAC verification report. The
HVAC verification report shall include:
new text end

new text begin (1) name and address of the school facility and the person or contractor preparing and
certifying the report;
new text end

new text begin (2) description of assessment, maintenance, adjustment, repair, upgrade, and replacement
activities and outcomes;
new text end

new text begin (3) verification that the school board has complied with all requirements;
new text end

new text begin (4) verification that either 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;
new text end

new text begin (5) the verified ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses'
offices, restrooms, offices, and other occupied areas and whether those rates meet the
requirements set forth in ANSI/ASHRAE Standard 62.1-2019. An explanation is required
for any ventilation rates that do not meet applicable requirements documenting why the
current system is unable to meet requirements;
new text end

new text begin (6) the verified exhaust for facility classrooms, auditoriums, gymnasiums, nurses' offices,
restrooms, and other occupied areas and whether those rates meet the requirements set forth
in the system design intent;
new text end

new text begin (7) documentation of system deficiencies and recommendations for additional
maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance;
new text end

new text begin (8) documentation of initial operating verifications, adjustments, and final operating
verifications, and documentation of any adjustments or repairs performed;
new text end

new text begin (9) verification of installation of carbon dioxide monitors, including make and model
of monitors; and
new text end

new text begin (10) verification that all work has been performed by qualified personnel, including the
provision of the contractor's name, certified TAB technician name and certification number,
and verification that all construction work has been performed by a skilled and trained
workforce.
new text end

new text begin Subd. 10. new text end

new text begin Record keeping. new text end

new text begin The school board shall maintain a copy of the HVAC
verification report and make it available to students, parents, school personnel, and to any
member of the public or the program administrator upon request.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end

Sec. 6. new text begin PUBLIC SCHOOL HVAC SYSTEM GRANTS; APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2023 is appropriated from the general fund to the commissioner
of commerce for Air Ventilation Program HVAC system grants for public school buildings
under Minnesota Statutes, chapter 123C.
new text end

new text begin (b) The fiscal year 2024 base budget for this program is $........
new text end