MAINE INDOOR AIR QUALITY COUNCIL 

Statutes Related to School Air Quality

(partial listing)
 

1.   Maintenance and capital improvement program      http://janus.state.me.us/legis/statutes/20-A/title20-Asec4001.html

       http://janus.state.me.us/legis/statutes/20-A/title20-Asec15918.html

 2.   Revolving Loan Renovation Fund 

     http://janus.state.me.us/legis/ros/lom/LOM118th/LOMPublic757-792-32.htm#P4255_281191 

      http://janus.state.me.us/legis/ros/lom/LOM119th/2Pub51-100/Pub51-100-32.htm#P1061_103291 

3.   Portable Classrooms

      http://janus.state.me.us/legis/statutes/20-A/title20-Asec15603.html 

 
4.   Application of Minimum Ventilation Standards

      http://janus.state.me.us/legis/statutes/5/title5sec1742.html

 
5.   School Building Ventilation 

      http://janus.state.me.us/legis/statutes/20-A/title20-Asec6302.html

 
 6.   Life cycle costs 

      http://janus.state.me.us/legis/statutes/5/title5sec1762.html

       http://janus.state.me.us/legis/statutes/5/title5sec1764.html

 
7.   Indoor Air Quality Assessment 

      http://janus.state.me.us/legis/statutes/5/title5sec1742-E.html

 ________________________________________

1.         Maintenance and capital improvement program

 Sec. 3. 20-A MRSA §4001, sub-§7, as enacted by PL 1997, c. 787, §3, is amended to read:

 A school administrative unit, including the unorganized territories, shall establish and maintain a maintenance and capital improvement program for all school facilities, utilizing a maintenance template and software provided by the department and shall annually allocate a minimum percentage of the replacement value of its real estate to facility maintenance, capital improvement or capital reserve accounts commit resources to that program pursuant to established minimum standards. The department and the Department of Administrative and Financial Services, Bureau of General Services shall establish the minimum percentage in consultation with the education community standards. The Department of Education and the Bureau of General Services shall adopt rules necessary to implement this subsection. Rules adopted by the Department of Education and the Bureau of General Services to implement this subsection are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

 Sec. 11. 20-A MRSA §15918 is enacted to read:

 §15918. Maintenance and capital improvement plan assistance

 The department and the Department of Administrative and Financial Services, Bureau of General Services shall provide assistance to school administrative units, including the unorganized territories, in establishing maintenance and capital improvement programs under section 4001, subsection 7. The department, with assistance from the Department of Administrative and Financial Services, Bureau of General Services, shall provide a maintenance template, software and assistance with initial inventory inputs to ensure consistent comprehensive local maintenance and capital improvement plans and to provide for electronic reporting of maintenance and capital improvement progress by school administrative units to the department. The Department of Education and the Bureau of General Services shall adopt rules necessary to implement this section. Rules adopted by the Department of Education and the Bureau of General Services to implement this section are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A.

 2.         Revolving Renovation Fund

 Sec. 13. 30-A MRSA

 §6006-F. School Revolving Renovation Fund

 3.         Purposes. The fund may be used:

                         A.         To make loans to school administrative units for school repair and renovation.

 (1)        The following repair and renovation needs receive first priority status:

                                                 (a)        Repair or replacement of a roof on a school building;

(b)        Bringing a school building into compliance with the federal Americans with Disabilities Act, 42  United States Code, Section 12101 et seq.;

                                    (c)        Improving air quality in a school building;

(d)        Removing asbestos from or abating asbestos in a school building;

(e)        Removing underground oil storage tanks on the grounds of a school building; and

                                                (f)        Undertaking other health, safety and compliance repairs.

 (2)        Repairs and improvements not related to health, safety and compliance repairs receive 2nd priority status. Those repairs and improvements are limited to a school building structure, windows and doors and to a school building water or septic system.

 (3)        Upgrade of learning spaces in school buildings and small-scale capital improvements receive 3rd priority status.

 (4)        The Commissioner of Education may approve other necessary repairs;

 3.         Portable Classrooms

 Sec. 6. 20-A MRSA §15603, sub-§8, ¶B, as amended by PL 1989, c. 466, §1, is further amended to read:

             B.         Lease costs for school buildings when the leases, including leases under which the school administrative unit may apply the lease payments to the purchase of portable, temporary classroom space beginning January 1, 1988, have been approved by the commissioner for the year prior to the year of allocation;. Beginning July 1, 1998 lease cost includes:

 (1)   Administrative space. A school administrative unit may lease administrative space with state support until July 1, 2003. A school administrative unit engaged in a lease-purchase agreement for administrative space is eligible for state support until July 1, 2008;

     (2) Temporary interim nonadministrative space.

 (a)    A school administrative unit with state-approved need for nonadministrative space may lease temporary interim space, with state support, for a maximum of 5 years. A school administrative unit may appeal to the board if this division presents an undue burden. The board's decision is final.

 (b)   A school administrative unit engaged in a lease-purchase agreement for temporary interim nonadministrative space is eligible for state support for a maximum of 10 years; and

 (3)   Permanent small nonadministrative space that replaces or is converted from existing approved leased portable space. The existing leased portable space will be eligible for state support until July 1, 2003. Once an existing leased portable space has been converted into a permanent nonadministrative space through an approved lease-purchase agreement, such space is eligible for state support for a maximum of 10 years. The Department of Education shall adopt rules necessary to implement this paragraph. Rules adopted by the Department of Education to implement this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter II-A;

 4.         Application of Minimum Ventilation Standards

 § 1742. Powers and duties

The Department of Administrative and Financial Services, through the Bureau of General Services, has authority: [1991, c. 780, Pt. Y, §53 (amd).]

24.       Application of minimum air ventilation standards.

Beginning September 1, 1988, to apply ASHRAE Standard 62-1989 entitled, Ventilation for Acceptable Indoor Air Quality, as prepared by the American Society of Heating, Refrigeration and Air Conditioning Engineers, Inc. or more stringent standards to buildings occupied by state employees during normal working hours. These standards must be applied to buildings that are constructed or substantially renovated by the State after September 1, 1988 and to buildings for which the State enters into new leases or renews leases following the date in this subsection. For the purpose of this subsection, "substantial renovation" means any renovation for which the cost exceeds 50% of the buildings' value.

 A.     The bureau, in cooperation with a labor-management committee established to look at this issue, shall develop a plan by which priorities are established for improving indoor air quality and ventilation standards in buildings occupied by state employees. This plan shall include data gathering and analysis of air quality in sample number of buildings by which reasonable projections and estimates concerning air quality can be established. The bureau shall report its findings to the joint standing committee of the Legislature having jurisdiction over state and local government no later than January 16, 1989. This report, at a minimum, shall contain the following:
 

(1)   A description of the extent of the problem, if any, with respect to air quality and ventilation in buildings occupied by state employees;

(2)   Priorities of locations for which the improvement of air quality is necessary. These locations shall be areas occupied by state employees during normal working hours;

(3)   A timetable by which these priorities could be addressed;

(4)   A description of what may be necessary to address these priorities, including feasible alternatives;

(5) The costs of addressing these priorities; and

(6)  If possible, locations leased by the State which may not meet the air quality standards defined in this subsection.

 Nothing in this paragraph may be construed to require the bureau to conduct an in depth analysis for each building or to present technical data for each building occupied by state employees. [1989, c. 502, Pt. A, §17 (rpr).]

 B.     The indoor air quality and ventilation standards applied by the bureau shall remain in effect until the Board of Occupational Safety and Health adopts air quality and ventilation standards; and [1989, c. 502, Pt. A, §17 (rpr).]

 [1997, c. 499, §1 (amd).]

 5.         School Building Ventilation

             § 6302. School building ventilation

 2.         Operation. Each school administrative unit shall ensure that the heating, ventilation and air-conditioning system is: Maintained and operated to provide at least the quantity of outdoor air required by the state building standards code in effect at the time the building permit was issued or the heating, ventilation and air-conditioning system was installed, whichever is later; and [1991, c. 181, §2 (new).]

A.     Operated continuously during school activity hours except:
 

(1)         During scheduled maintenance and emergency repairs; and

(2)        During periods for which school officials can demonstrate to the commissioner's satisfaction that the quantity of outdoor air supplied by an air supply system that is not mechanically driven and by infiltration mees the outdoor air supply rate required by paragraph A. [1991, c. 181, §2 (new).]

(4)         Inspection and record. Each school administrative unit is responsible for:

a.      Inspection of the heating, ventilation and air-conditioning system at least annually and correction of any problems within a reasonable time; and [1991, c. 181, §2 (new).]

b.      Maintaining written records of heating, ventilation and air-conditioning system inspection and maintenance for at least 5 years. The superintendent shall make these records available for examination upon request. [1991, c. 181, §2 (new).

6.         Life Cycle Costs

§ 1762.

No facility constructed without life-cycle costs. No public improvement, as defined in this chapter, public school facility or other building or addition constructed or substantially renovated in whole or in part with public funds or using public loan guarantees, with an area in excess of 5,000 square feet, may be constructed without having secured from the designer a proper evaluation of life-cycle costs, as computed by a qualified architect or engineer. The requirements of this section with  respect to substantial renovation shall pertain only to that portion of the building being renovated. Construction shall proceed only upon disclosing, for the design chosen, the life-cycle costs as determined in section 1764 and the capitalization of the initial construction costs of the facility or building. The life-cycle costs shall be a primary consideration in the selection of the design. As a minimum, the design shall meet the energy efficiency building performance standards promulgated by the Department of Economic and Community Development. [1989, c. 501, Pt. DD, §1 (amd).]

     § 1764. Life-cycle costs

 1.         Bureau of General Services to adopt rules and procedures. The Bureau of General  Services shall adopt rules, including energy conservation guidelines that conform as a minimum to the energy efficiency building performance standards adopted by the Department of Economic and Community Development for conducting an energy-related life-cycle costs analysis of alternative architectural or engineering designs, or both, and shall evaluate the efficiency of energy utilization for designs in the construction and lease of public improvements and public school facilities. Any rules adopted take effect 90 days after  the enactment of this subchapter. [1997, c. 541, §2 (amd).]

 2.         Life-cycle costs. Any life-cycle costs must include:

A.     The reasonably expected energy costs over the life of the building, as determined by the designer, that are required to maintain illumination, power,  temperature, humidity and ventilation and all other energy-consuming equipment in a facility; [1997, c. 541, §2 (amd).]

B.     The reasonable energy-related costs of probable maintenance, including labor and materials and operation of the building, replacement costs over the expected life of the facility and any other ownership cost issues identified by the Bureau of General Services; and [1997, c. 541, §2 (amd).]
 

C.      A comparison of energy-related and economic-related design alternatives. The Bureau of General Services may direct the designer to select, include and develop life-cycle costs for any viable alternatives that should be considered. [1997, c. 541, §2 (new).] [1997, c. 541, §2 (amd).]

3.         Determination of life-cycle costs. To determine the life-cycle costs, the Bureau of General Services shall adopt rules that include but are not limited to:

A.     The orientation and integration of the facility with respect to its physical site; [1977, c. 563, §2 (rpr).]

B.     The amount and type of glass employed in the facility and the directions of exposure; [1977, c.563, §2 (rpr).]
 

C.     The effect of insulation incorporated into the facility design and the effect on solar utilization to the properties of external surfaces; [1977, c. 563, §2 (rpr).]

D.    The variable occupancy and operating conditions of the facility and subportions of the facility; and [1977, c. 563, §2 (rpr).]

E.     Energy consumption analysis of the major equipment of the facility's heating, ventilating and cooling system, lighting system, hot water system and all other  major energy-consuming equipment and systems as appropriate. This analysis must include:

(1)   The comparison of alternative systems;

(2)   A projection of the annual energy consumption of major energy-consuming equipment and systems for a range of operations of the facility over the life of the facility; and

(3)   The evaluation of the energy consumption of component equipment in each system, considering operation of the components at other than full or rated outputs. [1997, c. 541, §2 (amd).]            

(4)   Annual updating of rules. Rules must be based on the best currently availablemethods of analysis and provisions must be made for an annual updating of rules and standards as required.

 7.         Indoor Air Quality Assessment

 § 1742-E. Bureau of General Services; asbestos, lead and indoor air quality assessment and mitigation services

 1.         Asbestos, lead and indoor air quality assessment and mitigation services. The Department of Administrative and Financial Services, through the Bureau of General Services, Division of Safety and Environmental Services, shall provide asbestos, lead and indoor air quality assessment and mitigation oversight services for public schools and state facilities. The Division of Safety and Environmental Services is the lead agency of the State for asbestos, lead and indoor air quality matters.