HB267: relative to the collection of data on the status of air quality in public schools.

HB 267 - AS INTRODUCED

2003 SESSION

03-0827

08/10

HOUSE BILL 267

AN ACT relative to the collection of data on the status of air quality in public schools.

SPONSORS: Rep. Carson, Rock 75; Rep. P. Katsakiores, Rock 77

COMMITTEE: Education

ANALYSIS

This bill requires the collection of data on the status of air quality in public schools.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0827

08/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to the collection of data on the status of air quality in public schools.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Air Quality in Public Schools; Statement of Policy.

I. The general court finds that poor indoor air quality in schools has been linked by medical and scientific authorities to a significant increase in exacerbation of respiratory diseases such as asthma and other allergic disorders, and that such diseases place unnecessary and preventable burdens on school children and staff while depriving the affected persons of well-being, academic achievement, and quality of life.

II. The general court also finds that:

(a) Indoor air quality complaints and requests for assistance from school administrators, staff, and parents have increased dramatically over the past decade;

(b) A primary cause of poor indoor air quality is a lack of investment in maintenance of school buildings leading to a buildup of pollutants, dust, mold, and other sources of biological growth;

(c) A secondary cause of poor indoor air quality is lack of adequate ventilation systems that can supply fresh air and exhaust stale air from all parts of the building;

(d) The prevalence of allergies, asthma, and sinusitis, especially among children, have doubled during the past 2 decades creating a larger number of individuals who can be affected by poor building conditions;

(e) Children are required to attend public schools and have the right to study in a healthy environment;

(f) Prevention of indoor air quality problems is both simple and affordable when addressed in a proactive manner with adequate resources and trained personnel, while delays in maintenance often lead to expensive repairs passed on to future generations.

III. Therefore, in order to protect the health of school children and staff from this threat, it shall be the policy of the state that the presence of conditions leading to poor air quality are "menaces" within the meaning of RSA 200:12. The intent of this chapter is not to burden school administration, but rather to assure that existing building codes and public health codes are known and followed in order to reduce the burden of poor indoor air quality on unaware building occupants.

2 Investigation of Environmental and Sanitary Conditions. Amend RSA 200:11 to read as follows:

200:11 Investigation of Sanitary Conditions. The department of health and human services shall, upon complaint of any responsible person, investigate the sanitary and environmental conditions of any schoolhouse or building used for school purposes.

3 New Section; Reporting of School Health Status. Amend RSA 200 by inserting after section 11 the following new section:

200:11-a Reporting of School Health Status. The department of health and human services shall monitor and report on the health status of public school buildings in a manner that demonstrates a prioritization of schools based on their need for improvements to sanitation, environmental conditions or safety. In order to support this process, the department of labor shall report annually on all school-based worker's compensations claims to the department of health and human services in a manner that facilitates identification of building-related health concerns such as asthma, and other environmentally-related health conditions. In addition, public schools shall report annually to the department of education on measures of health and sanitation in the learning environment.

4 Requiring Changes; Condemnation. Amend RSA 200:12 to read as follows:

200:12 Requiring Changes; Condemnation. If the department of health and human services shall find that such schoolhouse or building is in any respect a menace, or likely to become a menace, to the health or bodily welfare of the pupils or teachers, the department shall call the attention of the local board of health and the local school board to the facts; and, if after a reasonable length of time not to exceed 6 months the complaint has not been attended to in a satisfactory way, the department shall either order such changes as will in their judgment make the building safe [and], sanitary, and healthy for school purposes or condemn the [same] building, or individual areas within the building, and forbid its further use. It shall be the responsibility of the department of health and human services, in consultation with the commissioner of education and the labor commissioner, to carry out the requirements of this section, but shall do so in such a manner as to avoid direct conflict with other state and federal requirements.

5 Effective Date. This act shall take effect 60 days after its passage.