PRINTER'S NO. 1268
No. 1027 Session of 1999
INTRODUCED BY BOSCOLA, TOMLINSON, WAGNER, BODACK, KUKOVICH, SCHWARTZ AND COSTA, JUNE 18, 1999
REFERRED TO PUBLIC HEALTH AND WELFARE, JUNE 18, 1999
AN ACT 1 Requiring the Department of Health to implement a Statewide 2 policy regarding the disposition of complaints pertaining to 3 the indoor air quality of school buildings in this 4 Commonwealth. 5 TABLE OF CONTENTS 6 Chapter 1. Preliminary Provisions 7 Section 101. Short title. 8 Section 102. Legislative declaration. 9 Section 103. Statement of purpose. 10 Section 104. Definitions. 11 Chapter 3. Indoor Air Quality in Schools 12 Section 301. Administration. 13 Section 302. Periodic air quality testing. 14 Section 303. Standards for indoor air quality. 15 Section 304. Procedures for disposition of complaints. 16 Section 305. Remediation and reoccupation. 17 Section 306. Recordkeeping requirements. 18 Chapter 21. Miscellaneous Provisions
1 Section 2101. Effective date. 2 The General Assembly of the Commonwealth of Pennsylvania 3 hereby enacts as follows: 4 CHAPTER 1 5 PRELIMINARY PROVISIONS 6 Section 101. Short title. 7 This act shall be known and may be cited as the Indoor Air 8 Quality in School Buildings Act. 9 Section 102. Legislative declaration. 10 It is declared to be a matter of public interest and concern 11 that school buildings in this Commonwealth be monitored for 12 indoor air quality to protect and ensure the health of students, 13 teachers, employees, parents and the general public against the 14 threat of indoor air contaminants and indoor air pollution. 15 Section 103. Statement of purpose. 16 It is the purpose of this act to promote, preserve and 17 protect the public health, safety and welfare associated with 18 the monitoring of the indoor air quality in school buildings in 19 this Commonwealth by requiring the department to establish a 20 policy regarding: 21 (1) Mandatory periodic indoor air quality testing in all 22 school buildings in this Commonwealth. 23 (2) Handling complaints by interested parties of indoor 24 air quality issues in school buildings in this Commonwealth. 25 (3) Establishment of Statewide indoor air quality 26 standards for school buildings based on federally established 27 permissible exposure limits to contaminants and other 28 irritants. 29 (4) Procedures for remediation and reoccupation of a 30 school building after an incident involving an indoor air 19990S1027B1268 - 2 -
1 contaminant or indoor air pollution. 2 (5) Maintenance of records of periodic testing for 3 school building indoor air quality and submission of a report 4 every odd-numbered year from each school district to the 5 department's Deputy Secretary of Public Health Programs, 6 Division of School Health, regarding Statewide school 7 building indoor air quality. 8 Section 104. Definitions. 9 The following words and phrases when used in this act shall 10 have the meanings given to them in this section unless the 11 context clearly indicates otherwise: 12 "Department." The Department of Health of the Commonwealth. 13 "Indoor air contaminant." Gaseous, liquid or solid 14 substances or a combination of substances that is in a form that 15 is transported by or in air and has the potential to be 16 detrimental to human health. 17 "Indoor air pollution." The presence, in an indoor 18 environment, of one or more air contaminants in sufficient 19 concentration and of sufficient duration to be capable of 20 causing adverse effects to human health. 21 "School building." Any building owned or leased by a school 22 district or private or parochial school or any other school 23 entity in this Commonwealth and is used for a purpose that 24 involves regular occupancy of the building by students. 25 CHAPTER 3 26 INDOOR AIR QUALITY IN SCHOOLS 27 Section 301. Administration. 28 The responsibility for the administration and enforcement of 29 this act is hereby vested in the department. The department 30 shall promulgate regulations as are necessary to implement the 19990S1027B1268 - 3 -
1 intent of the legislation. 2 Section 302. Periodic air quality testing. 3 The department shall require mandatory periodic air quality 4 testing to be performed every odd-numbered year in all public 5 school buildings in this Commonwealth to monitor ventilation and 6 filtration systems and the presence of indoor air contaminants 7 or indoor air pollution. If a school building becomes of concern 8 to its occupants or to the department, the building shall be 9 studied as the department deems necessary. 10 Section 303. Standards for indoor air quality. 11 The department shall establish Statewide indoor air quality 12 standards for school buildings, based on federally established 13 permissible exposure limits to contaminants and other irritants. 14 The standards shall be published in regulatory form and shall be 15 binding on all school buildings of this Commonwealth. 16 Section 304. Procedures for disposition of complaints. 17 The department shall establish procedures for handling 18 complaints by interested parties concerning air quality issues 19 in any school building in this Commonwealth. 20 Section 305. Remediation and reoccupation. 21 If an air quality test indicates that the indoor air quality 22 does not meet the State standards, then: 23 (1) The school entity shall submit a plan for 24 remediation and reoccupation. 25 (2) The department shall review this plan and approve, 26 disapprove or recommend changes to the school entity. 27 Section 306. Recordkeeping requirements. 28 The Deputy Secretary of Public Health Programs of the 29 department shall maintain all records of periodic testing 30 performed in school buildings consistent with this act. The 19990S1027B1268 - 4 -
1 department shall submit a report once every odd-numbered year to 2 the Department of Education regarding the number of complaints, 3 the types of complaints, the status of complaints, action which 4 has been taken to address complaints and the length of time from 5 the initial complaint to final resolution. The report shall also 6 reflect a calculation of the costs related to the resolution of 7 the complaint. 8 CHAPTER 21 9 MISCELLANEOUS PROVISIONS 10 Section 2101. Effective date. 11 This act shall take effect immediately. E27L35JAM/19990S1027B1268 - 5 -