Nevada 2021 Regular Session Status: Enacted

AB 257 — Establishes provisions governing indoor air quality in public schools. (BDR 34-212)

Last action — Approved by the Governor. Chapter 307.

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    Introduced
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  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced March 12, 2021. Enacted.

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  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

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Bill Text

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(Reprinted with amendments adopted on April 19, 2021) FIRST REPRINT A.B.
Assembly Bill No.
257 A SSEMBLY B ILLN O.
257–Assemblywoman Martinez CHAPTER..........
257–A SSEMBLYWOMAN M ARTINEZ M ARCH 12, 2021 ____________ Referred to Committee on Education SUMMARY—Establishes provisions governing indoor air quality in public schools.
(BDR 34-212) FISCAL NOTE:
Effect on Local Government:
May have Fiscal Impact.
Effect on the State:
Yes.
~ EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
requiring certain local educational agencies to include certain information in a plan to return to in-person instruction;
requiring certain local educational agencies to include certain information in an addendum to a plan to return to in- person instruction;
Section 6 of this bill requires the board of trustees of a school district or governing body of a charter school, to the extent that money is available, to assess the status of and make improvements to the ventilation and filtration systems of a school and ensure that the systems are performing adequately and efficiently.
Section 6 of this bill requires the board of trustees of a school district or governing body of a charter school, to the extent that money is available, to assess school and ensure that the systems are performing adequately and efficiently.
personnel or qualified testing personnel to assess and perform updates to:
of a Sections 7-10 of this bill set forth the requirements for qualified adjusting personnel or qualified testing personnel to assess and perform updates to:
(3) the heating, ventilation and air conditioning system of a school;
(3) the heating, ventilation and air-conditioning system of a school;
Sections 7-10 generally require such systems, rates and monitors to meet certain standards.
Sections 7-10 generally require such systems, requirements for an assessment of a school with a limited or no ventilation system.
Section 10.5 of this bill sets forth Section 11 of this bill requires qualified adjusting personnel or qualified testing personnel to prepare an assessment report including certain information relating to the assessments conducted pursuant to sections 7-10.5.
Section 11 of this bill requires qualified adjusting personnel or qualified testing personnel to prepare an assessment report including certain information relating to the assessments conducted pursuant to sections 7-10.5.
Section 12 of this bill requires the board of trustees of a school district or the governing body of a charter school to complete a report on the work performed by a qualified adjusting - *AB257_R1* – 2 – personnel or qualified testing personnel pursuant to sections 7-10.5 and make the report available to the Office of Energy and the public upon request.
Section 12 of this bill requires the board of trustees of a school district or the governing body of a charter school to complete a report on the work performed by qualified adjusting personnel available to the Office of Energy and the public upon request.
Existing to develop a plan for the safe return to in-person instruction and continuity ofney services.
Existing federal law requires a local educational agency that receives certain federal money to develop a plan for the safe return to in-person instruction and continuity of services.
117-2, § 2001(i)) Section 13.5 of this bill requires a local educational agency to include the information contained in a report prepared pursuant to section 12 in such a plan.
117-2, § 2001(i)) Section 13.5 of this bill requires a local educational agency to prepare an addendum to such a plan that describes how the local educational agency will ensure a public school is equipped with functional ventilation systems.
- 81st Session (2021) – 2 – EXPLANATION – Matter in bolded italics is new;
matter between brackets [omitted material] is material to be omitted.
“Minimum efficiency reporting value” means the minimum efficiency reporting value established by the American Society of Heating, Refrigerating and Air-Conditioning Engineers, or its successor organization.
“Minimum efficiency reporting value” means the Society efofcieHeating,rtiRefrigeratingbliandd byAir-Conditioning Engineers, or its successor organization.
Technician certified to test, adjust and balance heating, ventilation and air conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations;
Technician certified to test, adjust and balance heating, ventilation and air-conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations;
Skilled and trained workforce under the supervision of a technician certified to test, adjust and balance heating, ventilation and air conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations.
Skilled and trained workforce under the supervision of a technician certified to test, adjust and balance heating, ventilation and air-conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations.
A technician certified to test, adjust and balance heating, ventilation and air conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations;
A technician certified to test, adjust and balance heating, ventilation and air-conditioning systems through a program accredited by the Associated Air Balance Council, the National Environmental Balancing Bureau or the Testing, Adjusting and Balancing Bureau, or their successor organizations;
or - *AB257_R1* – 3 – 2.
or 2.
A person certified to perform ventilation assessments of heating, ventilation and air conditioning systems through a program accredited by the American National Standards Institute.
A person certified to perform ventilation assessments of heating, ventilation and air-conditioning systems through a proSec.
Sec.
“Skilled and trained workforce” means a workforce not less than 60 percent of which is composed of graduates of an apprenticeship program.
“Skilled and trained workforce” means a workforceute.
Sec.
not less than 60 percent of which is composed of graduates of an apprenticeship program.
- 81st Session (2021) – 3 – Sec.
(a) Approximately 41 percent of the school districts in the United States need to update or replace the heating, ventilation and air conditioning systems in at least half of their schools;
(a) Approximately 41 percent of the school districts in the United States need to update or replace the heating, ventilation and(b) Most heating, ventilation and air-conditioning systems are improperly installed;
(b) Most heating, ventilation and air conditioning systems are improperly installed;
(d) Many of the problems with heating, ventilation and air conditioning systems are linked to the use of inadequately trained personnel to install, test, adjust and balance heating, ventilation and air conditioning systems;
(d) Many of the problems with heating, ventilation and air- conditioning systems are linked to the use of inadequately trained personnel to install, test, adjust and balance heating, ventilation and air-conditioning systems;
Improving indoor air quality in public schools may protect the health of pupils and school staff, improve attendance, improve pupil performance, reduce the risk of infectious, airborne diseases and save energy.
Improving indoor air quality in public schools may protect the health of pupils and school staff, improve attendance, improve pupil performance, reduce the risk of infectious, airborne diseases and6.avePublic schools should have functioning ventilation systems that meet or exceed recommended health and safety standards for classrooms.
6.
Public schools should have functioning ventilation systems that meet or exceed recommended health and safety standards for classrooms.
To the extent that money is available, the board of trustees of a school district or the governing body of a charter school shall ensure that each school in the school district or the charter school, as applicable, is equipped with functional ventilation systems that are tested, adjusted and, if necessary or - *AB257_R1* – 4 – cost-effective, repaired, upgraded or replaced to increase efficiency and performance.
To the extent that money is available, the board of trustees of a school district or the governing body of a charter school shall ensure that each school in the school district or the charter school, as applicable, is equipped with functional ventilation systems that are tested, adjusted and, if necessary or cost-effective, repaired, upgraded or replaced to increase efficiency and performance.
Money shall be considered available if the board of trustees of a school district or the governing body of a charter school:
- 81st Session (2021) – 4 – to equip a public school with functional ventilation systems or improve ventilation systems or indoor air quality in a public school;
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or (b) As a condition of receiving state or federal money, is required to ensure a public school is equipped with functional ventilation systems or improve ventilation systems or indoor air quality in a public school.
(b) Ventilation rates of the school in accordance with the provisions of section 8 of this act;
(b) Ventilation rates of the school in accordance with the pro(c) Heating, ventilation and air-conditioning system of the school in accordance with the provisions of section 9 of this act;
(c) Heating, ventilation and air conditioning system of the school in accordance with the provisions of section 9 of this act;
In assessing a filtration system of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall:
In assessing a filtration system of a school pursuant testing personnel, as applicable, shall:sting personnel or qualified 1.
1.
3.
- 81st Session (2021) – 5 – upgrade the filters as needed;
Ensure that the filters are properly installed and replace or upgrade the filters as needed;
are properly installed and replace or 4.
4.
and - *AB257_R1* – 5 – 6.
and 6.
(b) Calculate the required minimum outside air ventilation rates for each room of the facility that is routinely occupied based on the maximum anticipated rate of occupancy and the minimum required ventilation rate per occupant in accordance with the Uniform Mechanical Code;
rates for each room of the facility that is routinely occupied based on the maximum anticipated rate of occupancy and the minimum required ventilation rate per occupant in accordance with the Uniform Mechanical Code;
(e) If the minimum outside air ventilation rate cannot be met after adjusting the ventilation rates pursuant to paragraph (d), explain why the rate cannot be met;
(e) If the minimum outside air ventilation rate cannot be met after adjusting the ventilation rates pursuant to paragraph (d), exp(f) Conduct survey readings of the inlets and outlets to:
(f) Conduct survey readings of the inlets and outlets to:
and (4) If the original values of the design of the filtration system for inlets and outlets of the filtration system are not available, document the available information and note the unavailability of the original values;
and (4) If the original values of the design of the filtration system for inlets and outlets of the filtration system are not - 81st Session (2021) – 6 – unavailability of the original values;rmation and note the (g) Ensure that there is a positive pressure differential between the building and the outdoors, that the building is not overly pressurized and that rooms designated for temporary occupation by sick pupils or staff maintain a negative pressure differential or a pressure differential otherwise set forth by the applicable industry standards;
(g) Ensure that there is a positive pressure differential between the building and the outdoors, that the building is not overly pressurized and that rooms designated for temporary occupation by sick pupils or staff maintain a negative pressure differential or a pressure differential otherwise set forth by the applicable industry standards;
- *AB257_R1* – 6 – (i) Ensure that the separation between the outdoor air intakes and the exhaust discharge outlets is in accordance with the Uniform Mechanical Code;
(i) Ensure that the separation between the outdoor air intakes and the exhaust discharge outlets is in accordance with the Uniform Mechanical Code;
(k) Measure the air volume for the exhaust fans and document any discrepancies in volume between the measurements and the original volume of the design of the filtration system;
any discrepancies in volume between the measurements and theent original volume of the design of the filtration system;
and (o) Ensure that the operation times and set points of the heating, ventilation and air conditioning system and exhaust fans are in accordance with any applicable guidance set forth by the American National Standards Institute and the American Society of Heating, Refrigerating and Air-Conditioning Engineers and any applicable local or state guidance.
and (o) Ensure that the operation times and set points of the are in accordance with any applicable guidance set forth by thens American National Standards Institute and the American Society of Heating, Refrigerating and Air-Conditioning Engineers and any applicable local or state guidance.
3.
- 81st Session (2021) – 7 – 3.
Qualified adjusting personnel, qualified testing personnel or a licensed professional engineer shall disable a demand control ventilation system installed at a school and configure the overall ventilation system to meet the minimum requirements of sections 2 to 13.5, inclusive, of this act if:
Qualified adjusting personnel, qualified testing personnel or a licensed professional engineer shall disable a demand control ventilation system installed at a school and configure the overall ventilation system to meet the minimum requirements of sections 2 to (a) The demand control ventilation system does not maintain an average daily maximum carbon dioxide concentration of less than 1,100 parts per million;
(a) The demand control ventilation system does not maintain an average daily maximum carbon dioxide concentration of less than 1,100 parts per million;
and (c) Disabling the demand control ventilation system would not adversely affect the operation of the overall ventilation system, - *AB257_R1* – 7 – until the board of trustees or governing body determines that a public health crisis caused by an airborne illness is no longer in effect.
and (c) Disabling the demand control ventilation system would not adversely affect the operation of the overall ventilation system, until the board of trustees or governing body determines that a public health crisis caused by an airborne illness is no longer in effect.
In assessing the heating, ventilation and air conditioning system of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall assess the overall performance of the heating, ventilation and air conditioning system.
In assessing the heating, ventilation and air- conditioning system of a school pursuant to section 6 of this act, qualified adjusting personnel or qualified testing personnel, as applicable, shall assess the overall performance of the heating, ventilation and air-conditioning system.
If a heating, ventilation and air conditioning system is broken, fails to meet the minimum requirements for ventilation established by sections 2 to 13.5, inclusive, of this act or is otherwise unable to operate at the level intended by the original design of the system, qualified adjusting personnel or qualified testing personnel, as applicable, shall recommend any necessary repairs or maintenance.
If a heating, ventilation and air-conditioning system is broken, fails to meet the minimum requirements for ventilation established by sections 2 to 13.5, inclusive, of this act or is otherwise unable to operate at the level intended by the original design of the system, qualified adjusting personnel or qualified testing personnel, as applicable, shall recommend any necessary repairs or maintenance.
Any repairs or maintenance to the heating, ventilation and air conditioning system must be performed by a skilled and trained workforce.
Any repairs or system must be performed by a skilled and trained workforce.
Is hardwired or plugged in and mounted to the wall at least 3 feet but not more than 6 feet above the floor and at least 5 feet away from any door or operable window;
Is hardwired or plugged in and mounted to the wall at least feet but not more than 6 feet above the floor and at least 5 feet away from any door or operable window;
Provides a visual notification, including, without limitation, through an indicator light, electronic mail, text message or an application on a cellular phone, when the concentration of carbon dioxide in the room reaches 1,100 parts per million or more;
Provides a visual notification, including, without limitation, through an indicator light, electronic mail, text message or an application on a cellular phone, when the - 81st Session (2021) – 8 – concentration of carbon dioxide in the room reaches 1,100 parts per million or more;
5.
million or more;
Has a range of 400 parts per million to 2,000 parts per million or more;
andf 400 parts per million to 2,000 parts per 6.
and 6.
If a public school has a limited or no ventilation system, a qualified adjusting personnel or qualified testing personnel, as applicable, shall document existing conditions and provide a licensed professional engineer with any information necessary for the licensed professional engineer to - *AB257_R1* – 8 – make recommendations for upgrading or installing a ventilation system.
If a public school has a limited or no ventilation system, qualified adjusting personnel or qualified testing personnel, as applicable, shall document existing conditions and provide a licensed professional engineer with any information necessary for the licensed professional engineer to make recommendations for upgrading or installing a ventilation system.
Qualified adjusting personnel or qualified testing personnel that conducts an assessment of a public school with a limited or no ventilation system shall determine whether carbon dioxide monitors that meet the requirements of section 10 of this act are installed in each classroom of the school.
Qualified adjusting personnel or qualified testing personnel that conduct an assessment of a public school with a limited or no ventilation system shall determine whether carbon dioxide monitors that meet the requirements of section 10 of this act are installed in each classroom of the school.
(1) Additional adjustments or repairs are necessary to meet the minimum requirements for ventilation and filtration established by sections 2 to 13.5, inclusive, of this act;
the minimum requirements for ventilation and filtrationry to meet established by sections 2 to 13.5, inclusive, of this act;
(a) The name and address of the person preparing the report and the school where the assessments required pursuant to section 6 of this act were performed;
(a) The name and address of the person preparing the report and the school where the assessments required pursuant to section of this act were performed;
(b) For each piece of equipment assessed, the model number, serial number, general condition and any additional information that could be used to assess options for replacements, repairs or upgrades;
- 81st Session (2021) – 9 – (b) For each piece of equipment assessed, the model number, serial number, general condition and any additional information that could be used to assess options for replacements, repairs or upgrades;
(c) Verification that the filters meet the best possible minimum efficiency reporting values pursuant to subsection 2 of section 7 of this act or, if a filter does not meet the best possible minimum efficiency reporting value, documentation of the current minimum efficiency reporting value of the filter;
efficiency reporting values pursuant to subsection 2 of section 7 of this act or, if a filter does not meet the best possible minimum efficiency reporting value, documentation of the current minimum efficiency reporting value of the filter;
(e) The measurements of air volume for the exhaust fans and the documentation of any discrepancies in volume between the measurements and the original volume of the design of the filtration system prepared pursuant to paragraph (k) of subsection 1 of section 8 of this act;
(e) The measurements of air volume for the exhaust fans and the documentation of any discrepancies in volume between the measurements and the original volume of the design of the filtration system prepared pursuant to paragraph (k) of subsection of section 8 of this act;
- *AB257_R1* – 9 – (f) Verification that each assessment conducted pursuant to sections 7 to 10.5, inclusive, of this act meets the requirements of the applicable section;
(f) Verification that each assessment conducted pursuant to sections 7 to 10.5, inclusive, of this act meets the requirements of the applicable section;
(g) If the minimum outside air ventilation rate of a filtration system cannot be met, the explanation of why the rate cannot be met prepared pursuant to paragraph (e) of subsection 1 of section 8 of this act.
(g) If the minimum outside air ventilation rate of a filtration system cannot be met, the explanation of why the rate cannot be met prepared pursuant to paragraph (e) of subsection 1 of section of this act.
(h) If the original values of the design of the filtration system for the inlets and outlets of the filtration system are not available pursuant to paragraph (f) of subsection 1 of section 8 of this act, documentation of the available information and a notation of the unavailability of the original values;
(h) If the original values of the design of the filtration system for the inlets and outlets of the filtration system are not available documentation of the available information and a notation of thect, unavailability of the original values;
Sec.
- 81st Session (2021) – 10 – Sec.
The board of trustees of a school district or the governing body of a charter school that ensures a public school is equipped with functional ventilation systems pursuant to section 6 of this act shall prepare a report on the status of the assessments performed pursuant to section 6 of this act and any maintenance, repairs or upgrades performed as a result of those assessments.
The board of trustees of a school district or the governing body of a charter school that ensures a public school is equipped with functional ventilation systems pursuant to section 6 of this act shall prepare a report on the status of the assessments repairs or upgrades performed as a result of those assessments., The report must include, without limitation:
The report must include, without limitation:
(a) The name and address of the person preparing the report and the school where the assessments required pursuant to section of this act were performed;
(a) The name and address of the person preparing the report and the school where the assessments required pursuant to section 6 of this act were performed;
(d) Verification that the filters meet the best possible minimum efficiency reporting values pursuant to subsection 2 of section 7 of this act or, if a filter does not meet the best possible minimum - *AB257_R1* – 10 – efficiency reporting value, documentation of the current minimum efficiency reporting value of the filter;
(d) Verification that the filters meet the best possible minimum efficiency reporting values pursuant to subsection 2 of section 7 of this act or, if a filter does not meet the best possible minimum efficiency reporting value, documentation of the current minimum efficiency reporting value of the filter;
(f) The measurements of air volume for the exhaust fans and the documentation of any discrepancies in volume between the measurements and the original volume of the design of the filtration system prepared pursuant to paragraph (k) of subsection 1 of section 8 of this act;
(f) The measurements of air volume for the exhaust fans and measurements and the original volume of the design of thethe filtration system prepared pursuant to paragraph (k) of subsection of section 8 of this act;
(k) Verification that all work has been performed by qualified adjusting personnel or qualified testing personnel or a skilled and trained workforce, as appropriate, which may include, without limitation, the provision of the name and, if applicable, certification number of any contractor, qualified adjusting personnel or qualified testing personnel.
- 81st Session (2021) – 11 – (k) Verification that all work has been performed by qualified adjusting personnel or qualified testing personnel or a skilled and trained workforce, as appropriate, which may include, without limitation, the provision of the name and, if applicable, certification number of any contractor, qualified adjusting personnel or qualified testing personnel who performed such work.
The board of trustees of a school district or the governing body of a charter school shall maintain the report prepared pursuant to subsection 1 for at least 5 years and make a copy of the report available to the Office of Energy or any member of the public upon request during the time in which the report is maintained.
The board of trustees of a school district or the governing body of a charter school shall maintain the report prepared pursuant to subsection 1 for at least 5 years and make a copy of the report available to the Office of Energy or any member of the maintained.
Sec.
request during the time in which the report is Sec.
1.
§ 7801(30)(A), that develops a plan for the safe return to in-person instruction and continuity of services pursuant to section 2001(i) of the American Rescue Plan Act of 2021, Public Law 117-2, shall include in the plan the information contained in a report prepared pursuant to section 12 of this act.
§ 7801(30)(A), that develops a plan for the safe return to in-person instruction and continuity of services pursuant to section 2001(i) of the American Rescue Plan Act of 2021, Public Law 117-2, and that will ensure a public school is equipped with functional ventilation systems pursuant to sections 6 to 13.5, inclusive, of this act shall, on or before September 1, 2021, prepare an addendum to the plan that describes how the local educational agency will ensure that a public school is equipped with functional ventilation systems pursuant to sections 6 to 13.5, inclusive, of this act.
The plan must include, without limitation, a timeline for a public school to perform any actions recommended to ensure a public school is equipped with functional ventilation systems pursuant to sections 6 to 13.5, inclusive, of this act.
2.
The addendum prepared pursuant to subsection 1 must be made publicly available in the same manner as the plan for the safe return to in-person instruction and continuity of services in accordance with the provisions of section 2001(i) of the American Rescue Plan Act of 2021, Public Law 117-2.
3.
Compliance with an addendum prepared pursuant to this section shall not be construed as a prerequisite for a return to in- person instruction.
H - *AB257_R1*
~~~~~ 21 - 81st Session (2021)
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Amendments

2 amendments

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Action History

  1. Approved by the Governor. Chapter 307.

  2. Enrolled and delivered to Governor.

  3. Senate Amendment No. 499 concurred in. To enrollment.

  4. From printer. To re-engrossment. Re-engrossed. Second reprint. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 12, Nays: 9.) To Assembly. In Assembly.

  5. Read second time. Amended. (Amend. No. 499.) To printer.

  6. From committee: Amend, and do pass as amended.

  7. In Senate. Read first time. Referred to Committee on Education. To committee.

  8. From printer. To engrossment. Engrossed. First reprint. To Senate.

  9. Read third time. Passed, as amended. Title approved, as amended. (Yeas: 26, Nays: 16.) To printer.

  10. From committee: Amend, and do pass as amended. Placed on Second Reading File. Read second time. Amended. (Amend. No. 346.) Dispensed with reprinting.

  11. Notice of eligibility for exemption.

  12. From printer. To committee.

  13. Read first time. Referred to Committee on Education. To printer.

Sponsors

  • Susie Martinez · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 66 not signed on

Sponsors (1)

  • Susie Martinez

Co-sponsors (0)

None.

Not signed on (66)

66 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

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Frequently asked questions

Who sponsors AB 257?
AB 257 is sponsored by Susie Martinez.
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This bill has been enacted into law. Introduced March 12, 2021. Enacted.
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