HBA-DMH H.B. 2006 77(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2006 By: Naishtat Public Health 3/21/2001 Introduced BACKGROUND AND PURPOSE Currently, the indoor air quality voluntary guidelines for public schools give schools general guidance regarding conditions that may cause poor indoor air quality. In schools, air pollutants can come from several sources including furniture, carpeting, walls, ceilings, bookcases, chalkboards, and computers. Schools also have a variety of special polluting areas such as kitchens, cafeterias, science labs, and cleaning storage areas. The earlier a problem is detected, the less costly it is to repair. House Bill 2006 requires school districts to regularly assess the indoor air quality of public school buildings. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Board of Health in SECTION 1 (Section 385.003, Health and Safety Code) and to the Texas Department of Health in SECTION 1 (Sections 385.102 and 385.151, Health and Safety Code) of this bill. ANALYSIS House Bill 2006 amends the Health and Safety Code to require the Texas Department of Health (TDH) to conduct a statewide education program regarding the importance of and ways to improve indoor air quality in public schools (Sec. 385.002). The bill authorizes the Texas Board of Health (board) to adopt rules necessary to implement provisions relating to indoor air quality in school district buildings (Sec. 385.003). The bill includes a school district and a school district employee among the group of entities for which liability is not created for an injury caused by the failure to comply with voluntary guidelines (Sec. 385.052). The bill requires a school district to assess the indoor air quality of a public school in the district: _within 90 days after the completion of a newly constructed school; _within 90 days after an event that could reasonably be expected to significantly affect the indoor air quality in the school; _when an assessment of the school is ordered by the superintendent of the district because of illness among the students or staff that may reasonably be attributable to the indoor air quality of the school; _soon after remedial action is taken to remedy a previously discovered problem; and _not later than the fourth anniversary of the last indoor air quality assessment. The bill requires a school district, not later than September 1, 2003, to assess the indoor air quality of each public school in the district that is in use on September 1, 2001 and sets forth exceptions. When conducting assessments, the bill requires a school district to use individuals certified by TDH and provides that an indoor air quality assessment of a public school must be conducted during the school year, but does not prohibit additional assessments from being conducted at other times (Sec. 385.101). The bill requires TDH to establish by rule criteria and checklists for assessing the indoor air quality of public schools, and requires school districts to utilize these criteria when conducting assessments (Secs. 385.101 and 385.102). The rules must include requirements for assessing the indoor air quality of each school with respect to ambient temperature, relative humidity, the adequacy of ventilation, and the presence of specified contaminants. In establishing acceptable assessment methods or in including additional factors to be assessed, the bill requires TDH to consider the potential health effects and potential costs the board is required to consider in adopting existing voluntary guidelines for indoor air quality in public schools (Sec. 385.102). The bill requires a school district to send assessment results, in a format specified by the board, to TDH and to the campus-level planning and decision-making committee of the school not later than the 60th day after the assessment is completed. The bill requires the school district to promptly make the results of an assessment available, on request, to any member of the public (Sec. 385.103). The bill requires TDH to certify individuals to perform public school indoor air quality assessments and to adopt rules to govern the certification program that are designed to ensure persons certified are capable of performing the air quality assessments and will properly report the results of an assessment. The bill provides what the rules must specify. The bill sets forth the circumstances under which TDH is authorized to certify a person without requiring the usual testing and training (Sec. 385.151). The bill sets forth provisions for certification fees (Sec. 385.152). The bill amends the Education Code to prohibit a school district from using specified state funds to make payments on bonds issued in connection with the renovation of an instructional facility, unless the district assesses the indoor air quality of the facility within 90 days after the renovation is completed (Sec. 46.0081). EFFECTIVE DATE September 1, 2001.