LRB-3947/1
PG:bk:rs
2007 - 2008 LEGISLATURE
February 26, 2008 - Introduced by Senators Sullivan, Hansen, Roessler,
Harsdorf, Lehman, Taylor and Plale, cosponsored by Representatives
Fields, Turner, Boyle, Musser, Sinicki, Grigsby, Cullen, Seidel, Molepske,
Davis, Zepnick, Pocan, Sheridan, Staskunas, Benedict, Pope-Roberts,
Berceau, Nelson, Van Akkeren and Soletski. Referred to Committee on
Education.
SB535,1,2
1An Act to amend 119.04 (1), 119.16 (3) (a) and 120.13 (9); and
to create 118.075
2of the statutes;
relating to: indoor environmental quality in schools.
Analysis by the Legislative Reference Bureau
Under current law, a school board is required to provide safe and healthful
facilities. This bill creates various provisions relating to indoor environmental
quality in public schools. The bill includes all of the following requirements:
1. The state superintendent of public instruction must establish a special
committee to be called the "Indoor Environmental Quality in Schools Task Force" to
do all of the following:
a. Advise the Department of Public Instruction (DPI) in the development of a
model management plan to improve indoor environmental quality in schools and
school indoor environmental quality best management practices.
b. Recommend training requirements for school maintenance employees.
c. Recommend educational materials regarding indoor environmental quality
in schools and develop guidelines for making that information available to pupils,
parents and guardians, and school district employees.
d. Upon completing its duties, report its findings and recommendations to the
governor and the legislature and then cease to exist on the date on which DPI issues
its model management plan and best practices (see item 2.), unless the state
superintendent determines that the operations of DPI require the task force to
continue in existence after that date.
2. DPI must establish the model management plan and best management
practices by the first day of the 12th month beginning after the month in which the
task force submits its report.
3. By the first day of the 12th month beginning after the month in which DPI
issues its model management plan, each school board must adopt a management
plan to monitor and improve indoor environmental quality in district schools.
Among other specified items, the school board's plan must designate an employee as
the district's indoor environmental quality coordinator, establish an indoor
environmental quality committee, include a policy on and procedures for handling
complaints about indoor environmental quality, include a plan for complying with
the most recent version of national air quality standards, include a plan for
addressing air quality issues noted during an annual evaluation, include a plan for
remediating known indoor environmental quality issues, and provide for an annual
review of the management plan. The school board must also distribute its plan
annually to pupils and to their parents or guardians.
4. A school board that becomes aware of any information concerning the indoor
environmental quality of a school, including test results, must make that
information available to all pupils assigned to the school, the parents or guardians
of those pupils, and all employees assigned to the school.
5. A school board must include in a contract for the preparation of plans and
specifications for the construction of a new school, for a structural addition to an
existing school, or for an alteration to an existing school that will cause a material
change to the mechanical systems and equipment of that school a provision to ensure
that the design of the new school, addition, or alteration facilitates good indoor
environmental quality for all occupants of the spaces affected by the design in
accordance with its 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 its management plan.
6. A school board, before approving a contract for the construction of a new
school, for a structural addition to an existing school, or for an alteration to an
existing school that will cause a material change to the mechanical systems and
equipment of that school, must 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 school, addition, or alteration
and its systems and equipment so as to promote good indoor environmental quality;
and the implementation of proper commissioning procedures, including testing of
any new systems or equipment, before occupancy of the spaces affected by the
project.
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:
SB535, s. 1
1Section
1. 118.075 of the statutes is created to read:
SB535,3,3
1118.075 Indoor environmental quality in schools. (1) Definition. In this
2section, "task force" means the indoor environmental quality in schools task force
3created under sub. (2).
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4(2) Task force. (a) The state superintendent shall establish a special
5committee under s. 15.04 (1) (c) to be called the indoor environmental quality in
6schools task force. The task force shall consist of the following members:
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1. The state superintendent or his or her designee.
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2. The secretary of commerce or his or her designee.
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3. The secretary of health and family services or his or her designee.
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4. The secretary of agriculture, trade and consumer protection or his or her
11designee.
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5. A member of the assembly appointed in the same manner as members of
13assembly standing committees are appointed.
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6. A member of the senate appointed in the same manner as members of senate
15standing committees are appointed.
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7. One member who is a representative of the Wisconsin Association of School
17Boards.
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8. One member who is a representative of the Wisconsin Association of School
19District Administrators.
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9. One member who is a representative of the largest statewide labor
21organization representing teachers.
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10. One member who is a representative of the largest statewide organization
23representing parents of pupils.
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11. One member who is a representative of a nonprofit organization concerned
25with public health.
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112. One member who is registered as an architect or professional engineer
2under ch. 443 and who is actively engaged in the practice of school design and
3construction.
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13. One member who is a contractor actively engaged in school construction.
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14. Two members who have expertise in indoor environmental quality.
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(b) The state superintendent shall appoint the members of the task force
7specified in par. (a) 7. to 14., shall appoint or determine the method of appointment
8of the officers of the task force, and shall call the first meeting of the task force.
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(c) The department shall provide administrative support services to the task
10force. The task force may call upon the department of health and family services, the
11department of agriculture, trade and consumer protection, or any other state agency
12or officer to assist the task force, and those agencies or officers shall cooperate with
13the task force to the fullest extent possible. The department of public instruction
14may contract with professionals who are knowledgeable and experienced in indoor
15environmental quality management to assist the task force in performing its duties
16under par. (e) 1. to 3.
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(d) From the appropriation account under s. 20.505 (1) (ka) and within the
18budget of the task force authorized under s. 16.40 (14), the department of
19administration shall reimburse members of the task force for their actual and
20necessary expenses incurred in carrying out their functions.
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(e) The task force shall do all of the following:
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1. Advise the department in the development of the model management plan
23to improve indoor environmental quality in public schools and best management
24practices under sub. (3).
SB535,5,2
12. Recommend indoor environmental quality training requirements for school
2district employees who are responsible for the operation and maintenance of schools.
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3. Recommend educational materials relating to indoor environmental quality
4in schools and develop guidelines for making that information available to pupils,
5parents and guardians, and school district employees.
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(f) Upon completing its duties under par. (e), the task force shall report its
7findings and recommendations to the appropriate standing committees of the
8legislature under s. 13.172 (3) and to the governor. The task force shall cease to exist
9on the date on which the department issues its model management plan and best
10management practices under sub. (3) unless the state superintendent determines
11under s. 15.04 (1) (c) that the operations of the department require the task force to
12continue in existence after that date.
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13(3) Indoor environmental quality in schools model management plan. By the
14first day of the 12th month beginning after the month in which the task force submits
15its report under sub. (2) (f), the department shall establish a model management plan
16to improve indoor environmental quality in public schools and school indoor
17environmental quality best management practices. In developing the plan and
18practices, the department shall consider the recommendations of the task force.
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19(4) School district management plans. (a) By the first day of the 12th month
20beginning after the month in which the department establishes the model
21management plan and practices under sub. (3), each school board shall adopt a
22management plan to monitor and improve indoor environmental quality in district
23schools. The plan shall do all of the following:
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1. Designate a school district employee as the indoor environmental quality
25coordinator for the school district.
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12. Establish an indoor environmental quality committee composed of school
2administrators, teachers, and custodial and maintenance staff.
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3. Include a plan for communicating with school district employees, pupils, and
4parents and guardians of pupils about indoor air quality problems.
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4. Include a policy on and procedures for handling complaints about indoor
6environmental quality.
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5. Include a plan for complying with the most recent version of air quality
8standards approved by the American National Standards Institute and the
9American Society of Heating, Refrigerating and Air-Conditioning Engineers.
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6. Include a plan for addressing air quality issues noted during an annual
11evaluation of building systems.
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7. Include a schedule for implementing the remediation of known indoor
13environmental quality issues.
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8. Include a plan for the maintenance of building components and mechanical
15systems.
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9. Include a policy on and procedures for reducing the concentration, or
17avoiding elevated concentrations, of indoor air contaminants.
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10. Require an annual review of the management plan by the indoor
19environmental quality coordinator and the school board.
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(b) Annually, the school board shall distribute the plan adopted under par. (a)
21to pupils enrolled in the school district and to their parents or guardians.
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(c) A school board that becomes aware of any information concerning the indoor
23environmental quality of a school, including test results, shall make that
24information available, in printed format or by the Internet, to all pupils assigned to
1the school building, the parents or guardians of those pupils, and all school district
2employees assigned to the school building.
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3(5) School building construction, alterations, and structural additions. (a)
4A school board shall include in a contract for the preparation of plans and
5specifications for the construction of a new school, for a structural addition to an
6existing school, or for an alteration to an existing school that will cause a material
7change to the mechanical systems and equipment of that school a provision to ensure
8that the design of the new building, addition, or alteration facilitates all of the
9following:
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1. Good indoor environmental quality for all occupants of the spaces affected
11by the design in accordance with the management plan established under sub. (4)
12(a).
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2. Operation and maintenance of the spaces, systems, and equipment affected
14by the design in a manner that promotes good indoor environmental quality in
15accordance with the management plan established under sub. (4) (a).
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(b) Before a school board may approve a contract for the construction of a new
17school, for a structural addition to an existing school, or for an alteration to an
18existing school that will cause a material change to the mechanical systems and
19equipment of that school, the school board shall determine that the plan and
20schedule for that construction, addition, or alteration consider and address all of the
21following:
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1. Concerns about indoor environmental quality during the construction
23process.