86R7893 JG-D

By: Talarico H.B. No. 2999

A BILL TO BE ENTITLED

AN ACT

relating to air filtration efficiency standards at certain educational and child care facilities.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle C, Title 5, Health and Safety Code, is amended by adding Chapter 396 to read as follows:

CHAPTER 396. AIR FILTRATION EFFICIENCY STANDARDS AT CERTAIN

EDUCATIONAL AND CHILD CARE FACILITIES

Sec. 396.0001. DEFINITIONS. In this chapter:

(1) "Agency" means the Texas Education Agency.

(2) "Child care facility" has the meaning assigned by Section 88.001.

(3) "Commission" means the Texas Commission on Environmental Quality.

(4) "Executive director" means the executive director of the commission.

(5) "Private school" has the meaning assigned by Section 5.001, Education Code.

Sec. 396.0002. ADOPTION OF RULES. The commission shall adopt rules establishing air filtration efficiency standards for public schools, private schools, and child care facilities in accordance with the recommended best practices for air filtration in schools adopted by the National Air Filtration Association in 2012 or with more recently adopted best practices that the commission determines will better protect public health.

Sec. 396.0003. TESTING AND REPLACEMENT OF HVAC SYSTEMS. (a) Each public school, private school, and child care facility in this state shall periodically test and, as necessary, replace a heating, ventilation, and air conditioning system or a component of the system used in any part of the school or facility to meet air filtration efficiency standards that comply with commission rules. Each test of the system must be conducted in accordance with commission rules and any applicable standards adopted by the United States Environmental Protection Agency.

(b) Each public school, private school, or child care facility shall perform the testing required under this section at least once each year unless the executive director determines for a specific case that a greater or lesser frequency of testing is necessary or sufficient to ensure public health. This subsection does not prevent a school or facility from conducting more frequent testing than required under this section.

Sec. 396.0004. NOTICE OF TESTING RESULTS. (a) Each public school, private school, and child care facility shall:

(1) submit to the commission and the agency information on testing conducted under Section 396.0003, including:

(A) the date the testing was completed;

(B) the location and type of each heating, ventilation, and air conditioning system tested;

(C) the results of each test; and

(D) any actions taken under Section 396.0003 to replace a heating, ventilation, and air conditioning system or component of the system that does not meet air filtration efficiency standards adopted by the commission under Section 396.0002;

(2) for the information submitted under Subdivision (1):

(A) maintain copies in a suitable location for inspection by the public;

(B) post the information on the Internet website of the school or facility; and

(C) notify parent, teacher, and employee organizations of the availability of the information; and

(3) designate a person to serve as the contact person for communications with the commission, the agency, and the public regarding the testing and replacement activities.

(b) If testing conducted under Section 396.0003 reveals a heating, ventilation, and air conditioning system or component of the system that does not meet air filtration efficiency standards adopted by the commission under Section 396.0002, the public school, private school, or child care facility shall provide notice of the test results through written notice, electronic mail, or other means approved by the commission to the teachers, the school or facility personnel, and a parent or legal guardian of each student or child attending the school or facility. The notification must be made within one business day of the receipt of the test results and must include:

(1) a summary of the test results and information on the availability of the complete test results for public inspection at a suitable location and on the Internet website of the school or facility;

(2) a description of any actions taken under Section 396.0003 to replace the system or a component of the system;

(3) general information on the public health effects and risks posed by inadequate air filtration systems; and

(4) the name and contact information of the person designated under Subsection (a)(3) to communicate with the public.

Sec. 396.0005. BIENNIAL REPORT. Not later than December 1 of each even-numbered year, the executive director and the agency jointly shall prepare and submit to the governor, the lieutenant governor, the speaker of the house of representatives, and each member of the legislature a written report that includes a summary of the information submitted under Section 396.0004(a)(1) in the preceding two years.

SECTION 2. Not later than December 1, 2019, the Texas Commission on Environmental Quality shall adopt rules as necessary to implement Chapter 396, Health and Safety Code, as added by this Act.

SECTION 3. Not later than July 1, 2020, each public school, private school, and child care facility shall test and, as necessary, replace a heating, ventilation, and air conditioning system or component of the system as required under Section 396.0003, Health and Safety Code, as added by this Act.

SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2019.