Amendments for HB25-1245
House Journal, March 10
45 HB25-1245 be amended as follows, and as so amended, be referred to
46 the Committee on Finance with favorable
47 recommendation:
48
49 Amend printed bill, strike everything below the enacting clause and
50 substitute:
51
52 "SECTION 1. Legislative declaration. (1) The general
53 assembly finds that:
54
1 (a) Students and staff in Colorado's public schools deserve access
2 to clean, healthy air along with proper heating and cooling to improve
3 their opportunities to learn;
4 (b) Indoor air quality is one of several toxic threats to students in
5 schools;
6 (c) The condition of inadequate school facilities can expose
7 students and staff to mold and legacy toxins such as lead, asbestos, and
8 industrial products and chemicals known as "PCBs"; poor air quality and
9 temperature control; inadequate lighting; and excessive noise; and
10 (d) Improving the air quality in schools can result in higher
11 attendance, better cognitive function, less asthma and other respiratory
12 health problems, and improved academic performance.
13 (2) The general assembly further finds that:
14 (a) In Colorado, many of the conditions that cause unhealthy
15 indoor air and environmental quality impact Colorado school buildings;
16 (b) Various Colorado schools have been featured in news stories
17 profiling funding shortages, heating and cooling issues, and the need for
18 facility improvements;
19 (c) The department of education's own "Facility Insight"
20 dashboard reports the average age of school infrastructure to be 40 years;
21 and
22 (d) State school buildings receive a poor score on the "Facility
23 Condition Index".
24 (3) The general assembly further finds that:
25 (a) Despite efforts by state agencies and school districts to
26 improve indoor environmental quality in classrooms and other school
27 buildings, many of Colorado's school districts lack the funding and staff
28 to improve facility conditions and thereby improve school health
29 outcomes;
2020 30 (b) According to the American Society of Civil Engineers'
14 31 infrastructure report card, Colorado schools have an approximately $
32 billion funding gap between the need for infrastructure replacements,
33 repairs, or upgrades and money available from regular funding and budget
34 processes;
35 (c) The current funding sources for schools do not equitably
36 distribute funding, leaving many schools in rural and disproportionately
37 impacted communities unable to pay for necessary retrofits and updates;
38 (d) The passage of the federal "Inflation Reduction Act of 2022"
39 and "Bipartisan Infrastructure Law", which was enacted as the federal
40 "Infrastructure Investment and Jobs Act", have made billions of dollars
41 in federal money available to combine with current and planned state or
42 local funding that can help public schools improve air quality, improve
43 student performance and staff retention, and realize significant energy
44 savings for school districts;
45 (e) Accessing this federal money would not only improve air
46 quality in schools but also bring billions of dollars in economic
47 investments in air quality projects to Colorado communities and workers;
48 and
49 (f) Unfortunately, many of the schools with the most pressing
50 infrastructure improvement needs lack the staff capacity to track, apply
51 for, and manage grant funding available at the state and federal level.
52 (4) Therefore, the general assembly declares that, in order to help
53 schools address health concerns and energy efficiency needs, this act:
54
1 (a) Will save schools money by ensuring that facility improvement
2 projects are completed by a highly skilled workforce and result in
3 measurable energy efficiency improvements and health improvements for
4 students and staff; and
5 (b) Allows Colorado's school districts to choose to undergo an
6 HVAC assessment and find a pathway to fund any improvements
7 identified without mandating that any school must undergo an assessment
8 or HVAC improvements.
9 SECTION 2. In Colorado Revised Statutes, add 22-32-152 as
10 follows:
11 22-32-152. School ventilation and energy efficiency
12 verification and repair - applicability of section - ventilation
13 verification assessment - filtration - HVAC assessment report -
14 mechanical engineer review - adjustments, repairs, upgrades, and
15 replacements - HVAC verification report - certified contractors -
16 grants - definitions. (1) Definitions. AS USED IN THIS SECTION, UNLESS
17 THE CONTEXT OTHERWISE REQUIRES:
18 (a) "ACCA" MEANS THE AIR CONDITIONING CONTRACTORS OF
19 AMERICA.
20 (b) "ASHRAE" MEANS THE AMERICAN SOCIETY OF HEATING,
21 REFRIGERATING AND AIR-CONDITIONING ENGINEERS.
22 (c) "CERTIFIED CONTRACTOR" MEANS A CONTRACTOR ON THE
23 CERTIFIED CONTRACTOR LIST.
24 (d) "CERTIFIED CONTRACTOR LIST" MEANS THE CERTIFIED
25 CONTRACTOR LIST CREATED BY THE DEPARTMENT OF LABOR AND
26 EMPLOYMENT PURSUANT TO SECTION 40-3.2-105.6 (3)(a).
27 (e) "CERTIFIED TAB TECHNICIAN" MEANS A TECHNICIAN
28 CERTIFIED TO PERFORM TESTING, ADJUSTING, AND BALANCING OF HVAC
29 SYSTEMS BY:
30 (I) THE ASSOCIATED AIR BALANCE COUNCIL;
31 (II) THE NATIONAL ENVIRONMENTAL BALANCING BUREAU;
32 (III) THE TESTING, ADJUSTING AND BALANCING BUREAU; OR
33 (IV) A SUCCESSOR ORGANIZATION OF AN ORGANIZATION NAMED
34 IN SUBSECTION (1)(e)(I), (1)(e)(II), OR (1)(e)(III) OF THIS SECTION.
35 (f) "CO2" MEANS CARBON DIOXIDE.
36 (g) "DEPARTMENT" MEANS THE DEPARTMENT OF EDUCATION
37 CREATED IN SECTION 24-1-115.
38 (h) "HVAC" MEANS HEATING, VENTILATION, AND AIR
39 CONDITIONING.
40 (i) "HVAC ASSESSMENT REPORT" MEANS AN HVAC ASSESSMENT
41 REPORT DESCRIBED IN SUBSECTION (4) OF THIS SECTION.
2021 42 (j) "INTERNATIONAL MECHANICAL CODE" MEANS THE
43 INTERNATIONAL MECHANICAL CODE PUBLISHED BY THE INTERNATIONAL
44 CODE COUNCIL OR THE MOST RECENT VERSION ADOPTED BY THE OFFICE
45 OF THE STATE ARCHITECT CREATED IN SECTION 24-30-1302.5.
46 (k) "ISO/IEC 17024 PERSONNEL CERTIFICATION STANDARD"
47 MEANS THE ISO/IEC 17024 PERSONNEL CERTIFICATION ACCREDITATION
48 STANDARD DEVELOPED BY THE INTERNATIONAL ORGANIZATION FOR
49 STANDARDIZATION AND THE INTERNATIONAL ELECTROTECHNICAL
50 COMMISSION FOR THE PURPOSE OF CERTIFYING PERSONNEL.
51 (l) "LOCAL EDUCATION PROVIDER" MEANS:
52 (I) A LOCAL EDUCATION PROVIDER, AS DEFINED IN SECTION
53 22-16-103 (4); AND
54 (II) THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND
55 DESCRIBED IN SECTION 22-80-102.
1 (m) "MECHANICAL ENGINEER" MEANS A PROFESSIONAL ENGINEER
2 WHO IS LICENSED PURSUANT TO PART 2 OF ARTICLE 120 OF TITLE 12 AND
3 HAS PROFESSIONAL EXPERIENCE WITH HVAC SYSTEMS.
4 (n) "MERV" MEANS MINIMUM EFFICIENCY REPORTING VALUE, AS
5 ESTABLISHED BY:
6 (I) ANSI/ASHRAE STANDARD 52.2-2017, "METHOD OF TESTING
7 GENERAL VENTILATION AIR-CLEANING DEVICES FOR REMOVAL
8 EFFICIENCY BY PARTICLE SIZE";
9 (II) ANSI/ASHRAE STANDARD 62.1-2022, "VENTILATION AND
10 ACCEPTABLE INDOOR AIR QUALITY";
11 (III) ANSI/ASHRAE/ACCA STANDARD 180-2018, "STANDARD
12 PRACTICE FOR INSPECTION AND MAINTENANCE OF COMMERCIAL
13 BUILDING HVAC SYSTEMS"; AND
14 (IV) ASHRAE STANDARD 241-2023, "CONTROL OF INFECTIOUS
15 AEROSOLS".
1502 16 (o) "NOX" HAS THE MEANING SET FORTH IN SECTION 25-7-
17 (8).
18 (p) "OCCUPIED AREAS" MEANS THE CLASSROOMS, AUDITORIUMS,
19 GYMNASIUMS, CAFETERIAS, NURSES' OFFICES, RESTROOMS, AND OFFICES
20 OF A SCHOOL.
21 (q) "PROJECT LABOR AGREEMENT" HAS THE MEANING SET FORTH
22 IN 48 CFR 52.222-34.
23 (r) "QUALIFIED ADJUSTING PERSONNEL" MEANS:
24 (I) A CERTIFIED TAB TECHNICIAN; OR
25 (II) A WORKER WHO IS UNDER THE DIRECT SUPERVISION OF A
26 CERTIFIED TAB TECHNICIAN.
27 (s) "QUALIFIED PERSONNEL" MEANS QUALIFIED TESTING
28 PERSONNEL, QUALIFIED ADJUSTING PERSONNEL, OR OTHER WORKFORCE
29 THAT IS HIRED BY AND UNDER THE DIRECT SUPERVISION OF A CERTIFIED
30 CONTRACTOR FOR THE PURPOSE OF PERFORMING HVAC WORK.
31 (t) "QUALIFIED TESTING PERSONNEL" MEANS:
32 (I) A CERTIFIED TAB TECHNICIAN; OR
33 (II) AN INDIVIDUAL CERTIFIED TO PERFORM VENTILATION
34 ASSESSMENTS OF HVAC SYSTEMS BY THE INTERNATIONAL CERTIFICATION
35 BOARD OR THROUGH AN EQUIVALENT CERTIFICATION PROGRAM OR BODY
36 ACCREDITED UNDER THE ISO/IEC 17024 PERSONNEL CERTIFICATION
37 STANDARD.
38 (u) "SCHOOL" MEANS AN EDUCATIONAL FACILITY OPERATED BY A
39 LOCAL EDUCATION PROVIDER.
40 (v) "TAB" MEANS TESTING, ADJUSTING, AND BALANCING OF AN
41 HVAC SYSTEM.
42 (2) Applicability of section. ON AND AFTER THE EFFECTIVE DATE
43 OF THIS SECTION, IF A LOCAL EDUCATION PROVIDER UNDERTAKES HVAC
44 INFRASTRUCTURE IMPROVEMENTS AT A SCHOOL USING MONEY FROM THE
45 "INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND CREATED IN
46 SECTION 24-75-232 (3), THE LOCAL EDUCATION PROVIDER SHALL COMPLY
47 WITH THE PROCEDURES SET FORTH IN THIS SECTION IN IMPLEMENTING THE
48 HVAC INFRASTRUCTURE IMPROVEMENTS.
49 (3) Ventilation verification assessment. QUALIFIED PERSONNEL
50 SHALL PERFORM ALL OF THE FOLLOWING:
51 (a) Filtration. MERV 13 OR BETTER FILTRATION MUST BE
52 INSTALLED IN A SCHOOL'S HVAC SYSTEM WHERE FEASIBLE. QUALIFIED
53 PERSONNEL SHALL:
54
1 (I) REVIEW SYSTEM CAPACITY AND AIRFLOW TO DETERMINE THE
2 HIGHEST MERV FILTRATION THAT CAN BE INSTALLED WITHOUT
3 ADVERSELY IMPACTING EQUIPMENT; AND
4 (II) REPLACE OR UPGRADE FILTERS WHERE NEEDED AND VERIFY
5 THAT FILTERS ARE INSTALLED CORRECTLY.
6 (b) Ventilation and exhaust. AFTER ASSESSING THE FILTRATION
7 AS DESCRIBED IN SUBSECTION (3)(a) OF THIS SECTION, QUALIFIED
8 PERSONNEL SHALL ASSESS THE VENTILATION RATES IN THE SCHOOL'S
9 OCCUPIED AREAS TO DETERMINE WHETHER THEY MEET THE MINIMUM
10 VENTILATION RATE REQUIREMENTS SET FORTH IN THE INTERNATIONAL
11 MECHANICAL CODE. ASSESSMENT OF THE VENTILATION AND EXHAUST
12 MUST INCLUDE ALL THE FOLLOWING:
13 (I) CALCULATION OF THE ESTIMATED MINIMUM OUTSIDE AIR
14 VENTILATION RATES FOR EACH OCCUPIED AREA BASED ON THE MAXIMUM
15 ANTICIPATED OCCUPANCY AND THE MINIMUM REQUIRED VENTILATION
16 RATE PER OCCUPANT. CALCULATIONS MUST BE BASED ON MAXIMUM
17 ANTICIPATED CLASSROOM OR OTHER OCCUPIED AREA OCCUPANCY RATES
18 AND DETERMINED BY THE INTERNATIONAL MECHANICAL CODE.
19 (II) MEASUREMENT OF OUTSIDE AIR AND VERIFICATION THAT THE
20 SYSTEM PROVIDES AT LEAST THE MINIMUM OUTSIDE AIR VENTILATION
21 RATES CALCULATED PURSUANT TO SUBSECTION (3)(b)(I) OF THIS SECTION;
22 (III) VERIFICATION OF COIL VELOCITIES AND UNIT DISCHARGE AIR
23 TEMPERATURES REQUIRED TO MAINTAIN DESIRED INDOOR CONDITIONS
24 AND TO AVOID MOISTURE CARRYOVER FROM COOLING COILS;
25 (IV) VERIFICATION THAT SEPARATION BETWEEN OUTDOOR AIR
26 INTAKES AND EXHAUST DISCHARGE OUTLETS MEETS THE REQUIREMENTS
27 OF THE INTERNATIONAL MECHANICAL CODE;
28 (V) CONFIRMATION THAT THE AIR HANDLING UNIT IS BRINGING IN
29 OUTDOOR AIR AND REMOVING EXHAUST AIR AS INTENDED BY THE SYSTEM
30 DESIGN; AND
31 (VI) MEASUREMENT OF ALL EXHAUST AIR VOLUME FOR EXHAUST
32 FANS, SUCH AS RESTROOM EXHAUST FANS, INCLUDING DOCUMENTATION
33 OF ANY DISCREPANCIES FROM SYSTEM DESIGN.
34 (c) Economizers. FOR HVAC SYSTEMS WITH ECONOMIZERS,
35 QUALIFIED PERSONNEL SHALL TEST SYSTEM ECONOMIZER DAMPERS AND
36 CONTROLS FOR PROPER OPERATION. ECONOMIZER DAMPERS AND
37 CONTROLS THAT ARE NOT PROPERLY FUNCTIONING SHALL BE REPAIRED BY
38 A CERTIFIED CONTRACTOR OR THE CERTIFIED CONTRACTOR'S QUALIFIED
39 PERSONNEL. QUALIFIED PERSONNEL SHALL RECORD RECOMMENDATIONS
40 FOR ADDITIONAL MAINTENANCE, REPLACEMENTS, OR UPGRADES IN THE
41 HVAC ASSESSMENT REPORT.
42 (d) Demand control ventilation. (I) IF DEMAND CONTROL
43 VENTILATION SYSTEMS ARE INSTALLED, QUALIFIED PERSONNEL SHALL
44 VERIFY THEIR PROPER OPERATION.
45 (II) DEMAND CONTROL VENTILATION SYSTEMS THAT ARE NOT
46 PROPERLY FUNCTIONING SHALL BE REPAIRED BY A CERTIFIED CONTRACTOR
47 OR THE CERTIFIED CONTRACTOR'S QUALIFIED PERSONNEL.
48 (III) IF A DEMAND CONTROL VENTILATION SYSTEM IS
49 RECOMMENDED TO BE DISABLED OR IS UNABLE TO PROVIDE
50 RECOMMENDED VENTILATION RATES, THE HVAC SYSTEM MUST BE
51 CONFIGURED TO MEET THE MINIMUM VENTILATION RATE REQUIREMENTS
52 WITHOUT USE OF THE DEMAND CONTROL VENTILATION SYSTEM AND MUST
53 BE TESTED AND ADJUSTED TO ACHIEVE AT LEAST THE ESTIMATED
54 MINIMUM OUTSIDE AIR VENTILATION RATE, AS DESCRIBED IN SUBSECTION
55 (3)(b)(I) OF THIS SECTION.
1 (e) Air distribution and building pressurization. (I) QUALIFIED
2 PERSONNEL SHALL:
3 (A) PERFORM SURVEY READINGS OF INLETS AND OUTLETS TO
4 VERIFY THAT ALL VENTILATION IS REACHING THE SERVED ZONES AND
5 THAT THERE IS ADEQUATE AIR DISTRIBUTION;
6 (B) VERIFY THAT INLETS AND OUTLETS ARE BALANCED WITHIN
7 TOLERANCE OF THE SYSTEM DESIGN; AND
8 (C) DOCUMENT READ VALUES AND DEFICIENCIES. IF THE ORIGINAL
9 SYSTEM DESIGN VALUES ARE NOT AVAILABLE, QUALIFIED PERSONNEL
10 SHALL DOCUMENT AVAILABLE INFORMATION AND NOTE THE
11 UNAVAILABILITY OF SYSTEM DESIGN VALUES IN THE HVAC ASSESSMENT
12 REPORT.
13 (II) QUALIFIED PERSONNEL SHALL VERIFY BUILDING AND SPACE
14 PRESSURE TO ENSURE THAT:
15 (A) THE PRESSURE DIFFERENTIAL IS WITHIN TOLERANCE OF
16 DESIGN, IF KNOWN; AND
17 (B) THE SCHOOL BUILDING IS NOT OVER PRESSURIZED.
18 (f) General maintenance. QUALIFIED PERSONNEL SHALL VERIFY
19 COIL CONDITION, CONDENSATE DRAINAGE, COOLING COIL AIR
20 TEMPERATURE DIFFERENTIAL (ENTERING AND LEAVING DRY BULB), HEAT
21 EXCHANGER AIR TEMPERATURE DIFFERENTIAL (ENTERING AND LEAVING
22 DRY BULB), AND DRIVE ASSEMBLY CONDITION.
23 (g) Operational controls. QUALIFIED PERSONNEL SHALL REVIEW
24 CONTROL SEQUENCES TO VERIFY THAT SYSTEMS WILL MAINTAIN INTENDED
25 VENTILATION, TEMPERATURE, AND HUMIDITY CONDITIONS DURING SCHOOL
26 OPERATION.
27 (4) HVAC assessment report. QUALIFIED PERSONNEL SHALL
28 PREPARE AN HVAC ASSESSMENT REPORT FOR REVIEW BY A MECHANICAL
29 ENGINEER. THE HVAC ASSESSMENT REPORT MUST INCLUDE ALL OF THE
30 FOLLOWING INFORMATION:
31 (a) THE NAME AND ADDRESS OF THE SCHOOL AND THE CERTIFIED
32 CONTRACTOR COMPLETING THE WORK, INCLUDING THE NAME OF THE
33 QUALIFIED PERSONNEL PREPARING THE ASSESSMENT REPORT AND THE
34 NAME OF THE MECHANICAL ENGINEER CERTIFYING THE ASSESSMENT
35 REPORT;
36 (b) A DESCRIPTION OF ASSESSMENT, MAINTENANCE, ADJUSTMENT,
37 AND REPAIR ACTIVITIES AND OUTCOMES;
38 (c) DOCUMENTATION OF HVAC EQUIPMENT MODEL NUMBERS,
39 SERIAL NUMBERS, THE GENERAL CONDITION OF UNITS, AND ANY
40 ADDITIONAL INFORMATION THAT COULD BE USED TO ASSESS
41 REPLACEMENT AND REPAIR OPTIONS GIVEN THE POTENTIAL FOR INCREASED
42 ENERGY EFFICIENCY BENEFITS;
43 (d) VERIFICATION THAT EITHER:
44 (I) MERV 13 FILTERS HAVE BEEN INSTALLED; OR
45 (II) THE MAXIMUM MERV-RATED FILTER THAT THE SYSTEM IS
46 ABLE TO EFFECTIVELY HANDLE HAS BEEN INSTALLED, INCLUDING AN
47 INDICATION OF THE MERV RATING OF THAT FILTER;
48 (e) VERIFICATION THAT ALL REQUIREMENTS DESCRIBED IN THIS
49 SUBSECTION (4) HAVE BEEN SATISFIED;
50 (f) THE VERIFIED VENTILATION RATES FOR OCCUPIED AREAS AND
51 WHETHER THOSE RATES MEET THE ESTIMATED REQUIREMENTS SET FORTH
52 IN THE INTERNATIONAL MECHANICAL CODE;
53 (g) THE VERIFIED EXHAUST RATES FOR OCCUPIED AREAS AND
54 WHETHER THOSE RATES MEET THE REQUIREMENTS OF THE SYSTEM'S
55 DESIGN; AND
1 (h) DOCUMENTATION OF SYSTEM DEFICIENCIES AND
2 RECOMMENDATIONS FOR ADDITIONAL MAINTENANCE, REPLACEMENT, OR
3 UPGRADES TO IMPROVE ENERGY EFFICIENCY, SAFETY, OR PERFORMANCE
4 OR TO REDUCE NOX EMISSIONS OR GREENHOUSE GAS EMISSIONS, IF ANY.
5 (5) Mechanical engineer review. A MECHANICAL ENGINEER
6 SHALL:
7 (a) REVIEW THE HVAC ASSESSMENT REPORT;
8 (b) VERIFY OR ADJUST THE ESTIMATED MINIMUM OUTSIDE AIR
9 VENTILATION RATES;
10 (c) DETERMINE WHAT, IF ANY, ADDITIONAL ADJUSTMENTS,
11 REPAIRS, UPGRADES, OR REPLACEMENTS ARE NECESSARY TO MEET THE
12 MINIMUM VENTILATION AND FILTRATION REQUIREMENTS OF THE
13 INTERNATIONAL MECHANICAL CODE;
14 (d) RECOMMEND A PATHWAY FOR REDUCING NOX EMISSIONS AND
15 GREENHOUSE GAS EMISSIONS; AND
16 (e) PROVIDE A COST ESTIMATE FOR ALL RECOMMENDED WORK.
17 (6) Adjustments, repairs, upgrades, and replacements. ALL
18 HVAC REPAIRS, UPGRADES, AND REPLACEMENTS SHALL BE PERFORMED
19 BY A CERTIFIED CONTRACTOR OR THE CERTIFIED CONTRACTOR'S QUALIFIED
20 PERSONNEL. ALL HVAC ADJUSTMENTS SHALL BE PERFORMED BY
21 QUALIFIED ADJUSTING PERSONNEL.
22 (7) HVAC verification report. (a) A CERTIFIED CONTRACTOR OR
23 A MEMBER OF THE CERTIFIED CONTRACTOR'S QUALIFIED PERSONNEL SHALL
24 PREPARE AN HVAC VERIFICATION REPORT WITHIN TEN BUSINESS DAYS
25 AFTER COMPLETION OF ALL WORK DESCRIBED IN SUBSECTIONS (3) TO (6)
26 OF THIS SECTION.
27 (b) THE HVAC VERIFICATION REPORT MUST INCLUDE ALL OF THE
28 FOLLOWING INFORMATION:
29 (I) THE NAME AND ADDRESS OF THE SCHOOL AND THE PERSON
30 PREPARING AND CERTIFYING THE REPORT;
31 (II) A DESCRIPTION OF ASSESSMENT, MAINTENANCE, ADJUSTMENT,
32 REPAIR, UPGRADE, AND REPLACEMENT ACTIVITIES AND OUTCOMES;
33 (III) VERIFICATION THAT THE CERTIFIED CONTRACTOR OR THE
34 CERTIFIED CONTRACTOR'S QUALIFIED PERSONNEL HAS COMPLIED WITH ALL
35 REQUIREMENTS OF THIS SECTION;
36 (IV) VERIFICATION THAT EITHER:
37 (A) MERV 13 FILTERS HAVE BEEN INSTALLED; OR
38 (B) THE MAXIMUM MERV-RATED FILTER THAT THE SYSTEM IS
39 ABLE TO EFFECTIVELY HANDLE HAS BEEN INSTALLED, INCLUDING AN
40 INDICATION OF THE MERV RATING OF THAT FILTER;
41 (V) THE VERIFIED VENTILATION RATES FOR OCCUPIED AREAS AND
42 WHETHER THOSE RATES MEET THE REQUIREMENTS SET FORTH IN THE
43 INTERNATIONAL MECHANICAL CODE. IF VENTILATION RATES DO NOT MEET
44 APPLICABLE GUIDANCE, THEN THE HVAC VERIFICATION REPORT MUST
45 INCLUDE AN EXPLANATION OF WHY THE CURRENT SYSTEM IS UNABLE TO
46 MEET THOSE RATES.
47 (VI) THE VERIFIED EXHAUST RATES FOR OCCUPIED AREAS AND
48 WHETHER THOSE RATES MEET THE REQUIREMENTS SET FORTH IN THE
49 SYSTEM'S DESIGN;
50 (VII) DOCUMENTATION OF REPAIRS, UPGRADES, OR
51 REPLACEMENTS PERFORMED IN RESPONSE TO:
52 (A) THE HVAC ASSESSMENT REPORT; AND
53
1 (B) THE MECHANICAL ENGINEER'S RECOMMENDATIONS MADE
2 PURSUANT TO SUBSECTION (5) OF THIS SECTION;
3 (VIII) DOCUMENTATION OF RECOMMENDATIONS FOR ADDITIONAL
4 MAINTENANCE, REPAIRS, REPLACEMENTS, OR UPGRADES TO IMPROVE
5 ENERGY EFFICIENCY, SAFETY, OR PERFORMANCE OR TO REDUCE NOX
6 EMISSIONS OR GREENHOUSE GAS EMISSIONS;
7 (IX) DOCUMENTATION OF THE MECHANICAL ENGINEER'S
8 RECOMMENDED PATHWAY FOR REDUCING NOX EMISSIONS AND
9 GREENHOUSE GAS EMISSIONS;
10 (X) DOCUMENTATION OF INITIAL OPERATING VERIFICATIONS,
11 ADJUSTMENTS, AND FINAL OPERATING VERIFICATIONS AND
12 DOCUMENTATION OF ANY ADJUSTMENTS OR REPAIRS PERFORMED; AND
13 (XI) VERIFICATION THAT ALL WORK HAS BEEN PERFORMED BY A
14 CERTIFIED CONTRACTOR OR THE CERTIFIED CONTRACTOR'S QUALIFIED
15 PERSONNEL, INCLUDING THE CONTRACTOR'S NAME, THE NAMES OF THE
16 QUALIFIED PERSONNEL, THE CERTIFICATION NUMBERS OF ANY QUALIFIED
17 PERSONNEL, AND VERIFICATION THAT ALL CONSTRUCTION WORK HAS BEEN
18 PERFORMED BY A CERTIFIED CONTRACTOR OR THE CERTIFIED
19 CONTRACTOR'S QUALIFIED PERSONNEL.
20 (c) A LOCAL EDUCATION PROVIDER SHALL MAINTAIN A COPY OF
21 THE HVAC VERIFICATION REPORT FOR AT LEAST FIVE YEARS AND MAKE
22 IT AVAILABLE TO THE PUBLIC UPON REQUEST.
23 (8) Certified contractors. (a) IF A LOCAL EDUCATION PROVIDER
24 UNDERTAKES HVAC INFRASTRUCTURE IMPROVEMENTS AS DESCRIBED IN
25 THIS SECTION USING MONEY FROM THE "INFRASTRUCTURE INVESTMENT
26 AND JOBS ACT" CASH FUND CREATED IN SECTION 24-75-232 (3), THE
27 LOCAL EDUCATION PROVIDER SHALL:
28 (I) OBTAIN AND MAKE USE OF THE CERTIFIED CONTRACTOR LIST TO
29 ASSIST IN CONTRACTOR SELECTION AND ENSURE COMPLIANCE WITH
30 FEDERAL FUNDING REQUIREMENTS; AND
31 (II) EMPLOY ONLY CERTIFIED CONTRACTORS OR CONTRACTORS
32 THAT USE PREVAILING WAGES AND APPRENTICES REGISTERED WITH THE
33 FEDERAL DEPARTMENT OF LABOR OR THE STATE APPRENTICESHIP AGENCY
34 CREATED IN SECTION 8-15.7-102 FOR THE PERFORMANCE OF THE HVAC
35 INFRASTRUCTURE IMPROVEMENTS.
36 (b) THE DEPARTMENT SHALL PUBLISH THE CERTIFIED CONTRACTOR
37 LIST ON ITS WEBSITE AND INCLUDE OR REFERENCE THE LIST IN ALL OF THE
38 RELEVANT MARKETING MATERIAL FOR SCHOOL INFRASTRUCTURE
39 IMPROVEMENT PROGRAMS TO ASSIST IN CONTRACTOR SELECTION AND
40 ENSURE COMPLIANCE WITH FEDERAL FUNDING REQUIREMENTS.
41 (c) THE REQUIREMENT DESCRIBED IN SUBSECTION (8)(a) OF THIS
42 SECTION DOES NOT APPLY TO MECHANICAL, PLUMBING, AND ELECTRICAL
43 WORK THAT IS PERFORMED PURSUANT TO A PROJECT LABOR AGREEMENT
44 THAT ALLOWS A CONTRACTOR AND ALL SUBCONTRACTORS TO COMPETE
45 FOR CONTRACTS AND SUBCONTRACTS WITHOUT REGARD TO WHETHER
46 THEY ARE PARTIES TO A COLLECTIVE BARGAINING AGREEMENT.
47 (d) (I) UPON EVALUATION OF BIDS SUBMITTED FOR AN HVAC
48 INFRASTRUCTURE IMPROVEMENT CONTRACT, THE LOCAL EDUCATION
49 PROVIDER MAY WAIVE THE REQUIREMENTS OF THIS SUBSECTION (8) IF THE
50 LOCAL EDUCATION PROVIDER DETERMINES THAT THERE IS SUBSTANTIAL
51 EVIDENCE THAT THERE WERE NO RESPONSIVE, ELIGIBLE SUBCONTRACTORS
52 AVAILABLE TO FULFILL THE MECHANICAL, ELECTRICAL, OR PLUMBING
53 PORTIONS OF THE CONTRACT.
54
1 (II) A LOCAL EDUCATION PROVIDER THAT UNDERTAKES HVAC
2 INFRASTRUCTURE IMPROVEMENTS SUBJECT TO THE REQUIREMENTS OF THIS
3 SUBSECTION (8) SHALL MAKE PUBLIC ALL WAIVERS AND THE SPECIFIC
4 RATIONALE FOR GRANTING A WAIVER. THE LOCAL EDUCATION PROVIDER
5 SHALL POST NOTICE OF A WAIVER AND A JUSTIFICATION FOR THE WAIVER
6 ON ITS WEBSITE.
7 SECTION 3. In Colorado Revised Statutes, add 22-5-123 as
8 follows:
9 22-5-123. BOCES - HVAC infrastructure improvements. ON
10 AND AFTER THE EFFECTIVE DATE OF THIS SECTION, IF A BOCES
11 UNDERTAKES HVAC INFRASTRUCTURE IMPROVEMENTS USING MONEY
12 FROM THE "INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND
13 CREATED IN SECTION 24-75-232 (3), THE BOCES SHALL COMPLY WITH THE
14 REQUIREMENTS DESCRIBED IN SECTION 22-32-152 IN IMPLEMENTING THE
15 HVAC INFRASTRUCTURE IMPROVEMENTS.
16 SECTION 4. In Colorado Revised Statutes, add 22-30.5-121 as
17 follows:
18 22-30.5-121. Charter schools - HVAC infrastructure
19 improvements. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, IF
20 A CHARTER SCHOOL UNDERTAKES HVAC INFRASTRUCTURE
21 IMPROVEMENTS USING MONEY FROM THE "INFRASTRUCTURE INVESTMENT
22 AND JOBS ACT" CASH FUND CREATED IN SECTION 24-75-232 (3), THE
23 CHARTER SCHOOL SHALL COMPLY WITH THE REQUIREMENTS DESCRIBED IN
24 SECTION 22-32-152 IN IMPLEMENTING THE HVAC INFRASTRUCTURE
25 IMPROVEMENTS.
26 SECTION 5. In Colorado Revised Statutes, add 22-30.5-531 as
27 follows:
28 22-30.5-531. Institute charter schools - HVAC infrastructure
29 improvements. ON AND AFTER THE EFFECTIVE DATE OF THIS SECTION, IF
30 AN INSTITUTE CHARTER SCHOOL UNDERTAKES HVAC INFRASTRUCTURE
31 IMPROVEMENTS USING MONEY FROM THE "INFRASTRUCTURE INVESTMENT
32 AND JOBS ACT" CASH FUND CREATED IN SECTION 24-75-232 (3), THE
33 INSTITUTE CHARTER SCHOOL SHALL COMPLY WITH THE REQUIREMENTS
34 DESCRIBED IN SECTION 22-32-152 IN IMPLEMENTING THE HVAC
35 INFRASTRUCTURE IMPROVEMENTS.
36 SECTION 6. In Colorado Revised Statutes, add 22-80-120 as
37 follows:
38 22-80-120. HVAC infrastructure improvements. ON AND
39 AFTER THE EFFECTIVE DATE OF THIS SECTION, IF THE SCHOOL UNDERTAKES
40 HVAC INFRASTRUCTURE IMPROVEMENTS USING MONEY FROM THE
41 "INFRASTRUCTURE INVESTMENT AND JOBS ACT" CASH FUND CREATED IN
42 SECTION 24-75-232 (3), THE SCHOOL SHALL COMPLY WITH THE
43 REQUIREMENTS DESCRIBED IN SECTION 22-32-152 IN IMPLEMENTING THE
44 HVAC INFRASTRUCTURE IMPROVEMENTS.
45 SECTION 7. In Colorado Revised Statutes, 24-94-102, add (4.3)
46 and (4.7) as follows:
47 24-94-102. Definitions. As used in this article 94, unless the
48 context otherwise requires:
49 (4.3) "HVAC" MEANS HEATING, VENTILATION, AND AIR
50 CONDITIONING.
51 (4.7) "LOCAL EDUCATION PROVIDER" MEANS:
52 (a) A LOCAL EDUCATION PROVIDER, AS DEFINED IN SECTION
53 22-16-103 (4); AND
54
1 (b) THE COLORADO SCHOOL FOR THE DEAF AND THE BLIND
2 DESCRIBED IN SECTION 22-80-102.
3 SECTION 8. In Colorado Revised Statutes, 24-75-232, amend
4 (1)(d), (2)(d), and (5)(a) introductory portion; and add (1)(d.5) as
5 follows:
6 24-75-232. "Infrastructure Investment and Jobs Act" cash
7 fund - creation - allowable uses - report - legislative declaration -
8 definitions - repeal. (1) The general assembly finds and declares that:
9 (d) In order for the state to be competitive for the highest range of
10 funding available to it under the federal act, it is necessary for
11 departments to have funds FUNDING available as a nonfederal match,
12 although due to still-evolving federal guidance the amounts needed and
13 specific types of projects may not be known in time for this money to be
14 appropriated in the annual general appropriation act; and
15 (d.5) WITH THE PASSAGE OF THE "INFLATION REDUCTION ACT OF
16 2022" AND THE "INFRASTRUCTURE INVESTMENT AND JOBS ACT", BILLIONS
17 OF DOLLARS IN FEDERAL MONEY IS AVAILABLE TO HELP PUBLIC SCHOOLS
18 IMPROVE AIR QUALITY IN SCHOOLS, STUDENT PERFORMANCE, AND STAFF
19 RETENTION; AND
20 (2) As used in this section, unless the context otherwise requires:
21 (d) "Local government" means a county, a municipality, a city and
22 county, A LOCAL EDUCATION PROVIDER, or a special district.
23 (5) (a) Subject to approval by the governor, a department may
24 expend money in the fund as the matching nonfederal funds FUNDING for
25 infrastructure projects pursuant to requirements of the "Infrastructure
26 Investment and Jobs Act" OR SUBSEQUENT FEDERAL INFRASTRUCTURE
27 LEGISLATION for the following categories:
28 SECTION 9. Act subject to petition - effective date. This act
29 takes effect at 12:01 a.m. on the day following the expiration of the
30 ninety-day period after final adjournment of the general assembly; except
31 that, if a referendum petition is filed pursuant to section 1 (3) of article V
32 of the state constitution against this act or an item, section, or part of this
33 act within such period, then the act, item, section, or part will not take
34 effect unless approved by the people at the general election to be held in
35 November 2026 and, in such case, will take effect on the date of the
36 official declaration of the vote thereon by the governor.".
House Journal, March 25
3 Amendment No. 1, Business Affairs & Labor Report, dated March 6,
4 2025, and placed in member’s bill file; Report also printed in House
5 Journal, March 10, 2025.
6
7 Amendment No. 2, by Representative Lieder:
8
9 Amend the Business Affairs and Labor Committee Report, dated March
10 6, 2025, page 11, line 23, before "as" insert "and (7.5)".
11
12 Page 11, line 26, after "report" insert " - compliance monitoring".
13
14 Page 11, lines 34 and 35, strike "ACT OF 2022"" and substitute "ACT"".
15
16 Page 12, after line 3 insert:
17
18 "(7.5) IF A LOCAL EDUCATION PROVIDER UNDERTAKES HVAC
19 INFRASTRUCTURE IMPROVEMENTS AT A SCHOOL USING MONEY FROM THE
20 FUND, A DEPARTMENT'S GRANT AGREEMENT COMPLIANCE MONITORING
21 SHALL CONSIST OF THE FOLLOWING:
22 (a) INCLUSION OF A CLAUSE IN THE AWARD AGREEMENT THAT THE
23 LOCAL EDUCATION PROVIDER MUST COMPLY WITH SECTION 22-32-152;
24 AND
25 (b) A REQUIREMENT THAT A LOCAL EDUCATION PROVIDER MAKE
26 A CERTIFICATION AT THE END OF THE GRANT PERIOD THAT THE LOCAL
27 EDUCATION PROVIDER IS IN COMPLIANCE WITH SECTION 22-32-152.".
28
29 As amended, ordered engrossed and placed on the Calendar for Third
30 Reading and Final Passage.
31