SF 1984

as introduced - 93rd Legislature (2023 - 2024) Posted on 06/29/2023 10:01am

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.663 may be cited as the "Air Ventilation Program Act."
new text end

Sec. 2.

new text begin [123B.662] 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 reimburse for the
following activities:
new text end

new text begin (1) completion of a heating, ventilation, and air conditioning assessment report;
new text end

new text begin (2) subsequent testing, adjusting balancing work performed as a result of assessment;
and
new text end

new text begin (3) ventilation equipment upgrades, replacements, or other measures recommended by
the assessment to improve health, safety, and HVAC system efficiency.
new text end

new text begin Subd. 2. 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 following requirements:
new text end

new text begin (1) complete a heating, ventilation, and air conditioning assessment report by a qualified
testing personnel or qualified adjusting personnel. The report must be verified by a licensed
professional engineer and include costs of adjustments or repairs necessary to meet minimum
ventilation and filtration requirements and determine whether any cost-effective energy
efficiency upgrades or replacements are warranted or recommended;
new text end

new text begin (2) all work required after conducting the assessment must be performed by a skilled
and trained workforce;
new text end

new text begin (3) upon completion of the work for which a school board is seeking reimbursement,
the school board must conduct an HVAC verification report that includes the name and
address of the school facility and individual or contractor preparing and certifying the report
and a description of the assessment, maintenance, adjustment, repaid, upgrade, and
replacement activities and outcomes; and
new text end

new text begin (4) verification that the school board has complied with all requirements. Verification
must include documentation 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; documentation of the MERV rating; the verified ventilation rates for occupied
areas of the school and whether those rates meet the requirements set forth in ANSI/ASHRAE
Standard 62.1-2019, with an accompanying explanation for any ventilation rates that do not
meet applicable requirements documenting why the current system is unable to meet
requirements; the verified exhaust for occupied areas and whether those rates meet the
requirements set forth in the system design intent; documentation of system deficiencies;
recommendations for additional maintenance, replacement, or upgrades to improve energy
efficiency, safety, or performance; documentation of initial operating verifications,
adjustments, and final operating verifications; documentation of any adjustments or repairs
performed; verification of installation of carbon dioxide monitors, including the make and
model of monitors; and verification that all work has been performed by qualified personnel,
including 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 (b) Grants shall be prioritized to give 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 (c) Grants shall be awarded to reimburse schools for fifty percent of costs incurred from
1-3, with a maximum grant award of $........
new text end

new text begin (d) 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 Subd. 3. 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 no later than October 1, 2023;
new text end

new text begin (2) establish the timing of grant funding; and
new text end

new text begin (3) 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. 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 Program. new text end

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

new text begin Subd. 9. 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. 10. 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; 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. 11. 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. 12. 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. 13. 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. 14. 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

new text begin EFFECTIVE DATE. new text end

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

Sec. 4. new text begin PUBLIC SCHOOL AIR VENTILATION PROGRAM GRANTS;
APPROPRIATION.
new text end

new text begin (a) $....... in fiscal year 2024 is appropriated from the general fund to the commissioner
of commerce for Air Ventilation Program grants for public school buildings under Minnesota
Statutes, chapter 123C.
new text end

new text begin (b) The base for fiscal year 2025 is $........
new text end