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 1An Act to amend 120.13 (9), 121.02 (1) (i) and 254.22 (4); and to create 101.29
2of the statutes; relating to: indoor environmental quality in schools and
3granting 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 1Section 1. 101.29 of the statutes is created to read:
SB537,3,3 2101.29 Indoor environmental quality in schools. (1) Definitions. In this
3section:
SB537,3,44 (a) "School" means any public elementary or secondary school in this state.
SB537,4,2
1(b) "Task force" means the indoor environmental quality in schools task force
2created under 2003 Wisconsin Act .... (this act), section 5 (1 ).
SB537,4,8 3(2) Indoor environmental quality in schools management plan. (a) By the
4first day of the 12th month beginning after the month in which the task force submits
5its report under 2003 Wisconsin Act .... (this act), section 5 (1 ) (f), the department
6shall establish a management plan to improve indoor environmental quality in
7schools. In developing that plan, the department shall consider the advice of the task
8force.
SB537,4,129 (b) By the first day of the 12th month beginning after the month in which the
10department establishes the management plan under par. (a), the school board of each
11school district shall ensure that each school building under the control of the school
12board is in compliance with the management plan.
SB537,4,20 13(3) Training for school personnel. By the first day of the 12th month
14beginning after the month in which the task force submits its report under 2003
15Wisconsin Act .... (this act), section 5 (1) (f ), the department shall establish indoor
16environmental quality training requirements for school district employees who are
17responsible for the operation and maintenance of school buildings and for other
18school district employees as determined by the department based on the
19recommendations of the task force and shall establish a schedule for implementation
20of those training requirements.
SB537,5,3 21(4) Indoor environmental quality information for students, parents, and
22school employees.
(a) Beginning on the first day of the 12th month beginning after
23the month in which the department establishes the management plan under sub. (2)
24(a), the department shall make available, in printed format or by the Internet,
25educational materials relating to indoor environmental quality in schools and a

1summary of the management plan to all students enrolled in each school district, to
2the parents, guardians, and legal custodians of those students, and to all teachers
3and other employees of each school district.
SB537,5,94 (b) A school board that becomes aware of any information concerning the indoor
5environmental quality of a specific school building, including test results, shall make
6that information available, in printed format or by the Internet, to all students
7assigned to the school building, the parents, guardians, and legal custodians of those
8students, and all teachers and other school district employees assigned to the school
9building.
SB537,5,16 10(5) School building construction, alterations, and additions. (a) A school
11board shall include in a contract for the preparation of plans and specifications for
12the construction of a new school building, for an addition to an existing school
13building, or for an alteration to an existing school building that will cause a material
14change to the mechanical systems and equipment of that building a provision to
15ensure that the design of the new building, addition, or alteration facilitates all of
16the following:
SB537,5,1917 1. Good indoor environmental quality for all occupants of the spaces affected
18by the design in accordance with the management plan established under sub. (2)
19(a).
SB537,5,2220 2. Operation and maintenance of the spaces, systems, and equipment affected
21by the design in a manner that promotes good indoor environmental quality in
22accordance with the management plan established under sub. (2) (a).
SB537,6,323 (b) Before a school board may approve a contract for the construction of a new
24school building, for an addition to an existing school building, or for an alteration to
25an existing school building that will cause a material change to the mechanical

1systems and equipment of that building, the school board shall determine that the
2plan and schedule for that construction, addition, or alteration consider and address
3all of the following:
SB537,6,54 1. Concerns about indoor environmental quality during the construction
5process.
SB537,6,126 2. The transfer from the persons who designed and constructed the new
7building, addition, or alteration to the school personnel who are responsible for
8operating and maintaining the new building, addition, or alteration of information
9necessary for the proper operation and maintenance of the new building, addition,
10or alteration and its systems and equipment so as to promote good indoor
11environmental quality in accordance with the management plan established under
12sub. (2) (a).
SB537,6,1513 3. The implementation of proper commissioning procedures, including testing
14of any new systems or equipment, before occupancy of the spaces affected by the
15project.
SB537,6,2516 (c) Before the department or any other person authorized under s. 101.12 to
17examine the essential drawings, calculations, and specifications for a public building
18may approve those drawings, calculations, and specifications for the construction of
19a new school building, for an addition to an existing school building, or for an
20alteration to an existing school building that will cause a material change to the
21mechanical systems and equipment of that building, the department or other person
22authorized under s. 101.12 shall determine that the design of the new building,
23addition, or alteration facilitates good indoor environmental quality for the
24occupants of the spaces affected by the design in accordance with the management
25plan established under sub. (2) (a).
SB537,7,8
1(6) Notice of noncompliance. If the department determines that a school
2board is not in compliance with sub. (2) (b), (3), (4) (b), or (5) (a) or (b), the department
3shall notify the school board of that noncompliance. If that noncompliance poses a
4risk to the health and safety of the occupants of any school building, the department
5shall also make that information available, in printed format or by the Internet, to
6the students assigned to the school building, the parents, guardians, and legal
7custodians of those students, all teachers and other school district employees
8assigned to the school building, and the general public.
SB537,7,12 9(7) Relationship to other health and safety laws. If a provision of this section
10or of any rule promulgated under sub. (8) (a) conflicts with any other law, rule, or
11ordinance relating to the health and safety of school buildings, the more stringent
12provision shall prevail.
SB537,7,14 13(8) Administration. (a) The department shall promulgate rules to implement
14this section.
SB537,7,1915 (b) The secretary of commerce may request the department of health and family
16services, the department of agriculture, trade and consumer protection, or any other
17state agency or officer to provide expertise, technical assistance, or any other
18resources to assist the department of commerce in administering this section, and
19those agencies and officers shall cooperate to the fullest extent possible.
SB537, s. 2 20Section 2. 120.13 (9) of the statutes is amended to read:
SB537,8,221 120.13 (9) Architects and engineers. Contract with or employ architects and
22engineers for the preparation of plans and specifications for school buildings,
23structures and other improvements to school district property and for all other
24related services. A contract under this subsection for the preparation of plans and

1specifications for the construction of a new school building or for the alteration of or
2an addition to an existing school building shall comply with s. 101.29 (5) (a).
SB537, s. 3 3Section 3. 121.02 (1) (i) of the statutes is amended to read:
SB537,8,74 121.02 (1) (i) Provide safe and healthful facilities. The facilities shall comply
5with subchs. I and IV of ch. 101, ch. 145, and ss. 254.11 to 254.178 and any rule
6promulgated under those sections subch. I or IV of ch. 101, ch. 145, or ss. 254.11 to
7254.178
.
SB537, s. 4 8Section 4. 254.22 (4) of the statutes is amended to read:
SB537,8,109 254.22 (4) Assist the department of commerce with the enforcement of s. ss.
10101.123 and 101.129.
SB537, s. 5 11Section 5 . Nonstatutory provisions.
SB537,8,1212 (1) Indoor environmental quality in schools task force.
SB537,8,1513 (a) The secretary of commerce shall establish a special committee under section
1415.04 (1) (c) of the statutes to be called the indoor environmental quality in schools
15task force. That task force shall consist of the following members:
SB537,8,16 161. The secretary of commerce or his or her designee.
SB537,8,17 172. The secretary of health and family services or his or her designee.
SB537,8,19 183. The secretary of agriculture, trade and consumer protection or his or her
19designee.
SB537,8,21 204. A member of the assembly appointed in the same manner as members of
21assembly standing committees are appointed.
SB537,8,23 225. A member of the senate appointed in the same manner as members of senate
23standing committees are appointed.
SB537,8,25 246. One member who is a representative of the Wisconsin Association of School
25Boards.
SB537,9,2
17. One member who is a representative of the largest statewide labor
2organization representing teachers.
SB537,9,4 38. One member who is a representative of a nonprofit organization concerned
4with public health.
SB537,9,7 59. One member who is registered as an architect or professional engineer under
6chapter 443 of the statutes and who is actively engaged in the practice of school
7design and construction.
SB537,9,8 810. One member who is a contractor actively engaged in school construction.
SB537,9,9 911. Two members who have expertise in indoor environmental quality.
SB537,9,1310 (b) The secretary of commerce shall appoint the members of the task force
11specified in paragraph (a) 6. to 11 ., shall appoint or determine the method of
12appointment of the officers of the task force, and shall call the first meeting of the
13task force.
SB537,9,2114 (c) The department of commerce shall provide administrative support services
15to the task force. The task force may call upon the department of health and family
16services, the department of agriculture, trade and consumer protection, or any other
17state agency or officer to assist the task force, and those agencies or officers shall
18cooperate with the task force to the fullest extent possible. The department of
19commerce may contract with professionals who are knowledgeable and experienced
20in indoor environmental quality management to assist the task force in performing
21its duties under paragraph (e) 1. to 4.
SB537,9,2522 (d) From the appropriation account under section 20.505 (4) (ba) of the statutes
23and within the budget of the task force authorized under section 16.40 (14) of the
24statutes, the department of administration shall reimburse members of the task
25force for their actual and necessary expenses incurred in carrying out their functions.
SB537,10,1
1(e) The task force shall do all of the following:
SB537,10,4 21. Advise the department of commerce in the development of the indoor
3environmental quality in schools management plan under section 101.129 (2) (a) of
4the statutes, as created by this act.
SB537,10,10 52. Recommend for implementation by the department of commerce under
6section 101.129 (3) of the statutes, as created by this act, indoor environmental
7quality training requirements for school district employees who are responsible for
8the operation and maintenance of school buildings and for other school district
9employees as recommended by the task force and a schedule for implementation of
10those training requirements.
SB537,10,14 113. Recommend educational materials relating to indoor environmental quality
12in schools and develop guidelines for making that information available to students,
13parents, guardians, legal custodians, teachers, and other school district employees
14under section 101.129 (4) (a) of the statues, as created by this act.
SB537,10,18 154. Identify interim changes that can be readily implemented by school boards
16to improve indoor environmental quality in schools pending full compliance with the
17indoor environmental quality in schools management plan under section 101.129 (2)
18(a) of the statutes, as created by this act.
SB537,10,21 195. Identify the need for additional resources and authority for school boards and
20the governing bodies of private schools so as to promote good indoor environmental
21quality for students, teachers, and other school district employees.
SB537,10,24 226. Recommend for promulgation by the department of commerce under section
23101.129 (8) (a) of the statutes, as created by this act, rules to implement section
24101.129 of the statutes, as created by this act.
SB537,11,8
1(f) On completion of its duties under paragraph (e ), the task force shall report
2its findings and recommendations to the legislature for distribution to the
3appropriate standing committees in the manner provided under section 13.172 (3)
4of the statutes and to the governor. The task force shall cease to exist on the date on
5which the department of commerce promulgates the rules specified in paragraph (e)
66., unless the secretary of commerce determines under section 15.04 (1) (c) of the
7statutes that the operations of the department of commerce require the task force to
8continue in existence after that date.
SB537,11,129 (g) The department of commerce shall provide a copy of the task force's report
10under paragraph (f) to each school district administrator, as defined in section
11115.001 (8) of the statutes, in this state and to the principal of each public school in
12this state and shall make a copy of that report available to the public on the Internet.
SB537, s. 6 13Section 6. Initial applicability.
SB537,11,1814 (1) School building construction, additions, and alterations. The treatment
15of section 101.129 (5) (c) of the statutes first applies to essential drawings,
16calculations, and specifications submitted to the department of commerce or other
17person authorized under section 101.12 of the statutes to examine those drawings,
18calculations, and specifications on the effective date of this subsection.
SB537, s. 7 19Section 7. Effective date.
SB537,11,2120 (1) Indoor environmental quality in schools. This act takes effect on the first
21day of the 2nd month beginning after publication.
SB537,11,2222 (End)
Loading...
Loading...