Bill Text: IL HB3713 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the State Board of Education Article of the School Code. Provides that the State Board shall require all school districts to supply all active classroom instructors, all school staff and administration, and district leadership with an educational document, in a PDF and a physical format, explaining at a minimum the values of good indoor air quality, including peer-reviewed research demonstrating effects of poor and good indoor air quality, an explanation of airborne transmission of pathogens and other airborne substances, a basic explanation of air changes per hour and relation to outdoor air and filtered air, best practice recommendations for the portable air cleaner and the air quality monitor, including guidance on theory, function, placement, and operation of the monitor. Provides that the State Board shall require all school districts to ensure that all active classrooms that are not mechanically ventilated have at least 2 properly functioning windows, or one window in situations where only one is present, that can open and can safely stay open. Provides that the State Board shall require all school districts to ensure that all active classrooms are equipped with an air quality monitor that meets specified requirements. Provides that the State Board shall require all school districts to ensure that all active classrooms are equipped with a portable air cleaner that meets specified requirements. Provides that the State Board shall require all school districts to supply each school with 5 additional portable air cleaners and 5 additional air quality monitors to be used in school health offices, libraries, cafeterias, and other similar spaces. Provides that the State Board shall require all school districts to undertake a ventilation verification assessment of all mechanical ventilation systems in the school district performed by a certified assessor or a mechanical engineer. Makes other changes.

Spectrum: Partisan Bill (Democrat 25-0)

Status: (Failed) 2025-01-07 - Session Sine Die [HB3713 Detail]

Download: Illinois-2023-HB3713-Engrossed.html

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HB3713 Engrossed LRB103 29805 RJT 56212 b
AN ACT concerning education.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by adding Section
2-3.196 as follows:
(105 ILCS 5/2-3.196 new)
Sec. 2-3.196. School ventilation.
(a) As used in this Section:
"Active classroom" means any room currently being used for
any duration of in-person instruction of 4 or more students at
a time.
"ASHRAE" means the American Society of Heating,
Refrigerating and Air-Conditioning Engineers.
"Certified assessor" means:
(1) a certified technician; or
(2) a person who is certified to perform ventilation
verification assessments of heating, ventilation, and air
conditioning systems through a certification body
accredited by the American National Standards Institute.
"CADR" means clean air delivery rate.
"Certified technician" means a person who is certified as
a Testing, Adjusting, and Balancing Bureau Technician by the
International Certification Board and accredited to comply

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with ISO/IEC 17024, which is the conformity assessment
regarding general requirements for bodies operating
certification of persons, by the American National Standards
Institute in Testing Adjusting and Balancing or another
nationally recognized certifying body accredited to ISO/IEC
17024 in testing adjusting and balancing.
"CFM" means cubic feet per minute.
"dBa" means decibels.
"HEPA" means High Efficiency Particulate Air.
"HVAC" means Heating, Ventilation, and Air Conditioning.
"Mechanical engineer" means a professional engineer
licensed as a mechanical engineer by the Department of
Financial and Professional Regulation who has professional
experience with heating, ventilation, and air conditioning
systems.
"PM2.5" means particulate matter at 2.5 microns or less.
"PM10" means particulate matter at 10 microns or less.
"PPM" means parts per million.
"UV" means ultraviolet.
"Skilled and trained construction workforce" means a
workforce in which at least 40% of the workers are graduates of
or registered in and attending an apprenticeship program
registered with the workforce solutions department or an
apprenticeship program to which the department has granted
reciprocal approval for the applicable construction
occupation.

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(b) The State Board shall require all school districts to
supply all active classroom instructors, all school staff and
administration, and district leadership with an educational
document, in a PDF and a physical format, explaining at a
minimum the values of good indoor air quality, including
peer-reviewed research demonstrating effects of poor and good
indoor air quality, an explanation of airborne transmission of
pathogens and other airborne substances, a basic explanation
of air changes per hour and relation to outdoor air and
filtered air, best practice recommendations for the portable
air cleaner and the air quality monitor, including guidance on
theory, function, placement, and operation of the monitor. The
document shall be developed with the assistance of a major
independent and nonpartisan approved organization recognized
as a subject matter expert in the field of air quality, such as
a local ASHRAE chapter. This document shall be created and
supplied to schools within 3 months of the effective date of
this amendatory Act of the 103rd General Assembly.
(c) Subject to appropriation, the State Board shall
require all school districts to ensure that all active
classrooms that are not mechanically ventilated have at least
2 properly functioning windows, or one window in situations
where only one is present, that can open and can safely stay
open. School districts must be in compliance with this Section
within 6 months of the effective date of this amendatory Act of
the 103rd General Assembly.

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(d) Subject to appropriation, the State Board shall
require all school districts to ensure that all active
classrooms are equipped with an air quality monitor that:
(1) is installed and operating within one month
following delivery;
(2) remains in the active classroom until classroom is
no longer an active classroom;
(3) is an air quality monitor that has been determined
by the State Board to be suitable, by the State Board
seeking out and obtaining a written statement noting that
the capabilities of the monitor in question are sufficient
to serve the purposes described in this Section, from a
major independent and nonpartisan organization recognized
as a subject matter expert in the field of air quality,
such as a local ASHRAE chapter. The written statement
shall minimally address suitability of: the selected
monitor's measurement technology, calibration
specifications, and manufacturer stated accuracies and
ranges;
(4) measures, at a minimum, carbon dioxide and PM2.5.
Selected monitors are recommended to also measure carbon
monoxide, PM10, volatile organic compounds, temperature,
and humidity;
(5) displays, at a minimum, carbon dioxide readings
through a display on the device or other means, such as on
a computer or cellular phone application;

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(6) is corded and does not rely solely on batteries
for power;
(7) is to be located between 3 and 6 feet above the
floor and at least 5 feet away from doors, operable
windows, or human occupants;
(8) connects via a wired or wireless connection to
other applicable monitors so as to permit recording of
data which includes at least the maximum carbon dioxide
concentrations for a period of at least one year, as well
as remote access to current air quality readings through a
computer or cellular phone application; and
(9) provides notification through a visual indicator
on the monitor, or other alert such as electronic mail,
text message or cellular phone application, when the
carbon dioxide levels in the classroom have exceeded a PPM
level recommended to the State Board in writing by a major
independent and nonpartisan organization recognized as a
subject matter expert in the field of air quality, such as
a local ASHRAE chapter.
Each school shall record all incidents where the
recommended PPM level was breached in a classroom and maintain
those records for at least 5 years.
Any supplied air quality monitor under this subsection may
not be shared between active classrooms.
If devices matching the criteria described in this
subsection are unavailable, the State Board shall contact a

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major independent and nonpartisan organization recognized as a
subject matter expert in the field of air quality, such as a
local ASHRAE chapter, and request assistance in determining
suitable selection criteria for an air quality monitor that
will sufficiently accomplish the goals of: providing teachers
and staff with air quality information to facilitate managing
indoor air quality; storing a sufficient type and duration of
data to facilitate ventilation assessments; provide remote
access to current air quality readings; and generally align
with contemporary best practice recommendations.
(e) Subject to appropriation, the State Board shall
require all school districts to ensure that all active
classrooms are equipped with a portable air cleaner that:
(1) is installed and operating within one month
following delivery;
(2) remains in the active classroom until classroom is
no longer an active classroom;
(3) is a portable air cleaner the State Board has
determined to be suitable, by seeking out and obtaining a
written statement noting that the capabilities of the
portable air cleaner in question are sufficient to serve
the purposes described in this Section, from a major
independent and nonpartisan organization recognized as a
subject matter expert in the field of air quality, such as
a local ASHRAE chapter;
(4) utilizes a HEPA filter that captures 99.97% of 0.3

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micron particles. A filter stated to be equal to or
superior to a HEPA may not be used;
(5) utilizes or has the option of utilizing a
secondary filter for gaseous pollutants, such as activated
carbon;
(6) only utilizes HEPA filtration, as opposed to
additional technologies such as ionization, chemical
processes, and UV. If such additional technologies are
present in the selected portable air cleaner they must be
able to be disabled;
(7) Produces 500 or more CFM as measured by CADR or
similar metric of filtered airflow;
(8) Produces 500 or more CFM of filtered airflow at
under 45 dBa of noise, according to manufacturer supplied
dBa test results measured at one meter in front of the
portable air cleaner;
(9) is Underwriters Laboratories certified or
certified to Underwriters Laboratories standards;
(10) has a manufacturer's warranty of at least one
year;
(11) shall be continuously operated during room
occupancy on at least low speed;
(12) shall be maintained according to manufacturer's
recommendation, written approval shall be obtained from
the manufacturer if deviation from standard
recommendations is being considered; and

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(13) shall be replaced within one month if it becomes
inoperable.
If a single portable air cleaner on the market does not
meet the parameters of this subsection, then 2 or more
portable air cleaners per active classroom may be substituted
if they produce a combined 500 or more CFM, as measured by CADR
or similar metric, of filtered airflow at under 45 combined
dBa of noise according to manufacturer supplied dBa test
results measured at one meter in front of the portable air
cleaner.
Any supplied portable air cleaner may not be shared
between active classrooms.
(f) Subject to appropriation, the State Board shall
require all school districts to supply each school with 5
additional portable air cleaners and 5 additional air quality
monitors that meet the requirements of subsections (d) and (e)
to be used in school health offices, libraries, cafeterias,
and other similar spaces.
(g) Subject to appropriation, the State Board shall
require all school districts to undertake a ventilation
verification assessment of all mechanical ventilation systems
in the school district performed by a certified assessor or a
mechanical engineer and shall be based on physical
measurements made during the assessment. If an assessment is
performed by a certified assessor, the assessment report shall
be reviewed by a mechanical engineer. The ventilation

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verification assessment shall verify whether the existing
mechanical ventilation system is operating in accordance with
design parameters and meets the requirements of any applicable
building codes. The ventilation verification assessment for a
heating, ventilation, and air conditioning system shall
include:
(1) testing for maximum filter efficiency;
(2) measurements of outside air rate;
(3) verification of operation of ventilation
components;
(4) measurement of all air distribution inlets and
outlets;
(5) verification of unit operation and that required
maintenance has been performed;
(6) verification of control sequences;
(7) verification or installation of carbon dioxide
sensors; and
(8) collection of field data for the installation of
mechanical ventilation if none exists.
(h) The verification assessment report from the mechanical
engineer shall include appropriate corrective actions needed
for the mechanical ventilation system or the heating,
ventilation, and air conditioning infrastructure, including
installation of appropriate filters, installation of carbon
dioxide sensors and additional maintenance, repairs, upgrades
or replacement.

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(i) The school district shall have a ventilation
verification assessment performed on all mechanical
ventilation systems in the school district at least every 5
years. The ventilation verification assessment and the
ventilation verification reports are public documents and
shall be available to the public upon request.
(j) Each school's first ventilation verification
assessment shall occur between one and 6 months after the
school's air quality monitors have been installed and data has
started recording, and all measurements for this assessment,
and all following, shall be made in the same conditions in
which the building typically operates. The assessment plan
shall be developed with the assistance and approval of a major
independent and nonpartisan major organization recognized as a
subject matter expert in the field of air quality, such as a
local ASHRAE chapter, to ensure that the assessment results
are representative of indoor air quality conditions
experienced during normal occupancy.