SB537: Bill Text

2003 Senate BILL 537

March 9, 2004 - Introduced by Senators Stepp, Harsdorf, Schultz and Roessler, cosponsored by Representatives Pope-Roberts, Krawczyk, Hines, Nass, Ott, J. Lehman, McCormick and Albers. Referred to Committee on Economic Development, Job Creation and Housing.

SB537,1,3 An Act to amend 120.13 (9), 121.02 (1) (i) and 254.22 (4); and to create 101.29 of the statutes; relating to: indoor environmental quality in schools and granting rule-making authority.

Analysis by the Legislative Reference Bureau

Under current law, a school board is required to provide safe and healthful facilities that comply with, among other requirements, the laws administered and the rules promulgated by the Department of Commerce (department) relating to the safety of public buildings, including a requirement that the department or, in certain cases, a county, city, village, or town (political subdivision) review plans for the construction or alteration of, or an addition to, a public building for compliance with the rules of the department before construction is started.

This bill creates certain provisions relating to indoor environmental quality in schools, which the bill defines to include any public elementary or secondary school in the state. The bill requires all of the following:

1. The secretary of commerce to establish a special committee to be called the "Indoor Environmental Quality in Schools Task Force" (task force) to do all of the following:

a. Advise the department in the development of a management plan to improve indoor environmental quality in schools (management plan).

b. Recommend training requirements for school maintenance employees and a schedule for implementation of those training requirements.

c. Recommend educational materials regarding indoor environmental quality in schools and develop guidelines for making that information available to students, parents, guardians, legal custodians, teachers, and other school employees.

d. Identify interim changes that can be readily implemented to improve indoor environmental quality in schools pending full compliance with the bill.

e. Identify the need for additional resources and authority for school boards so as to promote good indoor environmental quality for students, teachers, and other school employees.

f. Recommend for promulgation by the department rules to implement the bill.

g. On completion of its duties, report its findings and recommendations to the governor and the legislature and then cease to exist on the date on which the department promulgates rules to implement the bill, unless the secretary of commerce determines that the operations of the department require the task force to continue in existence after that date.

2. The department to establish the management plan by the first day of the 12th month beginning after the month in which the task force submits its report, and the school board of each school district (school board) to ensure that each school building under the control of the school board is in compliance with the management plan by the first day of the 12th month beginning after the month in which the department establishes the management plan.

3. The department to establish indoor environmental quality training requirements for school maintenance employees and a schedule for the implementation of those training requirements by the first day of the 12th month beginning after the month in which the department establishes the management plan.

4. The department, beginning on the first day of the 12th month beginning after the month in which the department establishes the management plan, to make available in printed format and by the Internet, educational materials regarding indoor environmental quality in schools and a summary of the management plan to all students enrolled in each school district, to the parents, guardians, and legal custodians of those students, and to all teachers and other employees of each school district.

5. A school board that becomes aware of any information concerning the indoor environmental quality of a specific school building, including test results, to make that information available to all students assigned to the school building, the parents, guardians, and legal custodians of those students, and all teachers and other employees assigned to the school building.

6. A school board to include in a contract for the preparation of plans and specifications for the construction of a new school building, for an addition to an existing school building, or for an alteration to an existing school building that will cause a material change to the mechanical systems and equipment of that building a provision to ensure that the design of the new building, addition, or alteration facilitates good indoor environmental quality for all occupants of the spaces affected by the design in accordance with the management plan and facilitates operation and maintenance of the spaces, systems, and equipment affected by the design in a manner that promotes good indoor environmental quality in accordance with the management plan.

7. A school board, before approving a contract for the construction of a new school building, for an addition to an existing school building, or for an alteration to an existing school building that will cause a material change to the mechanical systems and equipment of that building, to determine that the plan and schedule for the construction, addition, or alteration consider and address concerns about indoor environmental quality during the construction process; the transfer from the designers and builders to school maintenance employees of information necessary for the proper operation and maintenance of the new building, addition, or alteration and its systems and equipment so as to promote good indoor environmental quality in accordance with the management plan; and the implementation of proper commissioning procedures, including testing of any new systems or equipment, before occupancy of the spaces affected by the project.

8. The department or any political subdivision that is authorized to examine the plans for the construction or alteration of, or an addition to, a public building to determine that the design for the construction of a new school building, for an addition to an existing school building, or for an alteration to an existing school building that will cause a material change to the mechanical systems and equipment of that building facilitates good indoor environmental quality for the occupants of the spaces affected by the design in accordance with the management plan before the department or political subdivision may approve those plans.

9. The department to notify the school board if the department determines that the school board is not in compliance with the bill and to make that information available, in printed format and by the Internet, to the students assigned to a school building, the parents, guardians, and legal custodians of those students, all teachers and other employees assigned to a school building, and the general public if the department determines that the noncompliance poses a risk to the health and safety of the occupants of any school building.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

SB537, s. 1 Section 1. 101.29 of the statutes is created to read:

SB537,3,3 101.29 Indoor environmental quality in schools. (1) Definitions. In this section:

SB537,3,4 (a) "School" means any public elementary or secondary school in this state.

SB537,4,2 (b) "Task force" means the indoor environmental quality in schools task force created under 2003 Wisconsin Act .... (this act), section 5 (1 ).

SB537,4,8 (2) Indoor environmental quality in schools management plan. (a) By the first day of the 12th month beginning after the month in which the task force submits its report under 2003 Wisconsin Act .... (this act), section 5 (1 ) (f), the department shall establish a management plan to improve indoor environmental quality in schools. In developing that plan, the department shall consider the advice of the task force.

SB537,4,12 (b) By the first day of the 12th month beginning after the month in which the department establishes the management plan under par. (a), the school board of each school district shall ensure that each school building under the control of the school board is in compliance with the management plan.

SB537,4,20 (3) Training for school personnel. By the first day of the 12th month beginning after the month in which the task force submits its report under 2003 Wisconsin Act .... (this act), section 5 (1) (f ), the department shall establish indoor environmental quality training requirements for school district employees who are responsible for the operation and maintenance of school buildings and for other school district employees as determined by the department based on the recommendations of the task force and shall establish a schedule for implementation of those training requirements.

SB537,5,3 (4) Indoor environmental quality information for students, parents, and school employees. (a) Beginning on the first day of the 12th month beginning after the month in which the department establishes the management plan under sub. (2) (a), the department shall make available, in printed format or by the Internet, educational materials relating to indoor environmental quality in schools and a summary of the management plan to all students enrolled in each school district, to the parents, guardians, and legal custodians of those students, and to all teachers and other employees of each school district.

SB537,5,9 (b) A school board that becomes aware of any information concerning the indoor environmental quality of a specific school building, including test results, shall make that information available, in printed format or by the Internet, to all students assigned to the school building, the parents, guardians, and legal custodians of those students, and all teachers and other school district employees assigned to the school building.

SB537,5,16 (5) School building construction, alterations, and additions. (a) A school board shall include in a contract for the preparation of plans and specifications for the construction of a new school building, for an addition to an existing school building, or for an alteration to an existing school building that will cause a material change to the mechanical systems and equipment of that building a provision to ensure that the design of the new building, addition, or alteration facilitates all of the following:

SB537,5,19 1. Good indoor environmental quality for all occupants of the spaces affected by the design in accordance with the management plan established under sub. (2) (a).

SB537,5,22 2. Operation and maintenance of the spaces, systems, and equipment affected by the design in a manner that promotes good indoor environmental quality in accordance with the management plan established under sub. (2) (a).

SB537,6,3 (b) Before a school board may approve a contract for the construction of a new school building, for an addition to an existing school building, or for an alteration to an existing school building that will cause a material change to the mechanical systems and equipment of that building, the school board shall determine that the plan and schedule for that construction, addition, or alteration consider and address all of the following:

SB537,6,5 1. Concerns about indoor environmental quality during the construction process.

SB537,6,12 2. The transfer from the persons who designed and constructed the new building, addition, or alteration to the school personnel who are responsible for operating and maintaining the new building, addition, or alteration of information necessary for the proper operation and maintenance of the new building, addition, or alteration and its systems and equipment so as to promote good indoor environmental quality in accordance with the management plan established under sub. (2) (a).

SB537,6,15 3. The implementation of proper commissioning procedures, including testing of any new systems or equipment, before occupancy of the spaces affected by the project.

SB537,6,25 (c) Before the department or any other person authorized under s. 101.12 to examine the essential drawings, calculations, and specifications for a public building may approve those drawings, calculations, and specifications for the construction of a new school building, for an addition to an existing school building, or for an alteration to an existing school building that will cause a material change to the mechanical systems and equipment of that building, the department or other person authorized under s. 101.12 shall determine that the design of the new building, addition, or alteration facilitates good indoor environmental quality for the occupants of the spaces affected by the design in accordance with the management plan established under sub. (2) (a).

SB537,7,8 (6) Notice of noncompliance. If the department determines that a school board is not in compliance with sub. (2) (b), (3), (4) (b), or (5) (a) or (b), the department shall notify the school board of that noncompliance. If that noncompliance poses a risk to the health and safety of the occupants of any school building, the department shall also make that information available, in printed format or by the Internet, to the students assigned to the school building, the parents, guardians, and legal custodians of those students, all teachers and other school district employees assigned to the school building, and the general public.

SB537,7,12 (7) Relationship to other health and safety laws. If a provision of this section or of any rule promulgated under sub. (8) (a) conflicts with any other law, rule, or ordinance relating to the health and safety of school buildings, the more stringent provision shall prevail.

SB537,7,14 (8) Administration. (a) The department shall promulgate rules to implement this section.

SB537,7,19 (b) The secretary of commerce may request the department of health and family services, the department of agriculture, trade and consumer protection, or any other state agency or officer to provide expertise, technical assistance, or any other resources to assist the department of commerce in administering this section, and those agencies and officers shall cooperate to the fullest extent possible.

SB537, s. 2 Section 2. 120.13 (9) of the statutes is amended to read:

SB537,8,2 120.13 (9) Architects and engineers. Contract with or employ architects and engineers for the preparation of plans and specifications for school buildings, structures and other improvements to school district property and for all other related services. A contract under this subsection for the preparation of plans and specifications for the construction of a new school building or for the alteration of or an addition to an existing school building shall comply with s. 101.29 (5) (a).

SB537, s. 3 Section 3. 121.02 (1) (i) of the statutes is amended to read:

SB537,8,7 121.02 (1) (i) Provide safe and healthful facilities. The facilities shall comply with subchs. I and IV of ch. 101, ch. 145, and ss. 254.11 to 254.178 and any rule promulgated under those sections subch. I or IV of ch. 101, ch. 145, or ss. 254.11 to 254.178.

SB537, s. 4 Section 4. 254.22 (4) of the statutes is amended to read:

SB537,8,10 254.22 (4) Assist the department of commerce with the enforcement of s. ss. 101.123 and 101.129.

SB537, s. 5 Section 5 . Nonstatutory provisions.

SB537,8,12 (1) Indoor environmental quality in schools task force.

SB537,8,15 (a) The secretary of commerce shall establish a special committee under section 15.04 (1) (c) of the statutes to be called the indoor environmental quality in schools task force. That task force shall consist of the following members:

SB537,8,16 1. The secretary of commerce or his or her designee.

SB537,8,17 2. The secretary of health and family services or his or her designee.

SB537,8,19 3. The secretary of agriculture, trade and consumer protection or his or her designee.

SB537,8,21 4. A member of the assembly appointed in the same manner as members of assembly standing committees are appointed.

SB537,8,23 5. A member of the senate appointed in the same manner as members of senate standing committees are appointed.

SB537,8,25 6. One member who is a representative of the Wisconsin Association of School Boards.

SB537,9,2 7. One member who is a representative of the largest statewide labor organization representing teachers.

SB537,9,4 8. One member who is a representative of a nonprofit organization concerned with public health.

SB537,9,7 9. One member who is registered as an architect or professional engineer under chapter 443 of the statutes and who is actively engaged in the practice of school design and construction.

SB537,9,8 10. One member who is a contractor actively engaged in school construction.

SB537,9,9 11. Two members who have expertise in indoor environmental quality.

SB537,9,13 (b) The secretary of commerce shall appoint the members of the task force specified in paragraph (a) 6. to 11 ., shall appoint or determine the method of appointment of the officers of the task force, and shall call the first meeting of the task force.

SB537,9,21 (c) The department of commerce shall provide administrative support services to the task force. The task force may call upon the department of health and family services, the department of agriculture, trade and consumer protection, or any other state agency or officer to assist the task force, and those agencies or officers shall cooperate with the task force to the fullest extent possible. The department of commerce may contract with professionals who are knowledgeable and experienced in indoor environmental quality management to assist the task force in performing its duties under paragraph (e) 1. to 4.

SB537,9,25 (d) From the appropriation account under section 20.505 (4) (ba) of the statutes and within the budget of the task force authorized under section 16.40 (14) of the statutes, the department of administration shall reimburse members of the task force for their actual and necessary expenses incurred in carrying out their functions.

SB537,10,1 (e) The task force shall do all of the following:

SB537,10,4 1. Advise the department of commerce in the development of the indoor environmental quality in schools management plan under section 101.129 (2) (a) of the statutes, as created by this act.

SB537,10,10 2. Recommend for implementation by the department of commerce under section 101.129 (3) of the statutes, as created by this act, indoor environmental quality training requirements for school district employees who are responsible for the operation and maintenance of school buildings and for other school district employees as recommended by the task force and a schedule for implementation of those training requirements.

SB537,10,14 3. Recommend educational materials relating to indoor environmental quality in schools and develop guidelines for making that information available to students, parents, guardians, legal custodians, teachers, and other school district employees under section 101.129 (4) (a) of the statues, as created by this act.

SB537,10,18 4. Identify interim changes that can be readily implemented by school boards to improve indoor environmental quality in schools pending full compliance with the indoor environmental quality in schools management plan under section 101.129 (2) (a) of the statutes, as created by this act.

SB537,10,21 5. Identify the need for additional resources and authority for school boards and the governing bodies of private schools so as to promote good indoor environmental quality for students, teachers, and other school district employees.

SB537,10,24 6. Recommend for promulgation by the department of commerce under section 101.129 (8) (a) of the statutes, as created by this act, rules to implement section 101.129 of the statutes, as created by this act.

SB537,11,8 (f) On completion of its duties under paragraph (e ), the task force shall report its findings and recommendations to the legislature for distribution to the appropriate standing committees in the manner provided under section 13.172 (3) of the statutes and to the governor. The task force shall cease to exist on the date on which the department of commerce promulgates the rules specified in paragraph (e) 6., unless the secretary of commerce determines under section 15.04 (1) (c) of the statutes that the operations of the department of commerce require the task force to continue in existence after that date.

SB537,11,12 (g) The department of commerce shall provide a copy of the task force's report under paragraph (f) to each school district administrator, as defined in section 115.001 (8) of the statutes, in this state and to the principal of each public school in this state and shall make a copy of that report available to the public on the Internet.

SB537, s. 6 Section 6. Initial applicability.

SB537,11,18 (1) School building construction, additions, and alterations. The treatment of section 101.129 (5) (c) of the statutes first applies to essential drawings, calculations, and specifications submitted to the department of commerce or other person authorized under section 101.12 of the statutes to examine those drawings, calculations, and specifications on the effective date of this subsection.

SB537, s. 7 Section 7. Effective date.

SB537,11,21 (1) Indoor environmental quality in schools. This act takes effect on the first day of the 2nd month beginning after publication.

SB537,11,22 (End)