Illinois General Assembly - Full Text of HB3713
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Full Text of HB3713  103rd General Assembly


Rep. Camille Y. Lilly

Filed: 3/6/2023





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2    AMENDMENT NO. ______. Amend House Bill 3713 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The School Code is amended by adding Section
52-3.196 as follows:
6    (105 ILCS 5/2-3.196 new)
7    Sec. 2-3.196. School ventilation.
8    (a) As used in this Section:
9    "Active classroom" means any room currently being used for
10any duration of in-person instruction of 4 or more students at
11a time.
12    "ASHRAE" means the American Society of Heating,
13Refrigerating and Air-Conditioning Engineers.
14    "Certified assessor" means:
15        (1) a certified technician; or
16        (2) a person who is certified to perform ventilation



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1    verification assessments of heating, ventilation and air
2    conditioning systems through a certification body
3    accredited by the American National Standards Institute.
4    "CADR" means clean air delivery rate.
5    "Certified technician" means a person who is certified as
6a testing and balancing technician by an accredited
8    "CFM" means cubic feet per minute.
9    "dBa" means decibels.
10    "HEPA" means High Efficiency Particulate Air.
11    "HVAC" means Heating, Ventilation, and Air Conditioning.
12    "Mechanical engineer" means a professional engineer
13licensed as a mechanical engineer by the Department of
14Financial and Professional Regulation who has professional
15experience with heating, ventilation, and air conditioning
17    "PM2.5" means particulate matter at 2.5 microns or less.
18    "PM10" means particulate matter at 10 microns or less.
19    "PPM" means parts per million.
20    "UV" means ultraviolet.
21    "Skilled and trained construction workforce" means a
22workforce in which at least 40% of the workers are graduates of
23or registered in and attending an apprenticeship program
24registered with the workforce solutions department or an
25apprenticeship program to which the department has granted
26reciprocal approval for the applicable construction



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2    (b) The State Board shall require all school districts to
3supply all active classroom instructors, all school staff and
4administration, and district leadership with an educational
5document, in a PDF and a physical format, explaining at a
6minimum the values of good indoor air quality, including
7peer-reviewed research demonstrating effects of poor and good
8indoor air quality, an explanation of airborne transmission of
9pathogens and other airborne substances, a basic explanation
10of air changes per hour and relation to outdoor air and
11filtered air, best practice recommendations for the portable
12air cleaner and the air quality monitor, including guidance on
13theory, function, placement, and operation of the monitor. The
14document shall be developed with the assistance of a major
15independent and nonpartisan approved organization recognized
16as a subject matter expert in the field of air quality, such as
17a local ASHRAE chapter. This document shall be created and
18supplied to schools within 3 months of the effective date of
19this amendatory Act of the 103rd General Assembly.
20    (c) The State Board shall require all school districts to
21ensure that all active classrooms that are not mechanically
22ventilated have at least 2 properly functioning windows, or
23one window in situations where only one is present, that can
24open and can safely stay open. School districts must be in
25compliance with this Section within 6 months of the effective
26date of this amendatory Act of the 103rd General Assembly.



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1    (d) The State Board shall require all school districts to
2ensure that all active classrooms are equipped with an air
3quality monitor that:
4        (1) is installed and operating within one month
5    following delivery;
6        (2) remains in the active classroom until classroom is
7    no longer an active classroom;
8        (3) is an air quality monitor that has been determined
9    by the State Board to be suitable, by the State Board
10    seeking out and obtaining a written statement noting that
11    the capabilities of the monitor in question are sufficient
12    to serve the purposes described in this Section, from a
13    major independent and nonpartisan organization recognized
14    as a subject matter expert in the field of air quality,
15    such as a local ASHRAE chapter. The written statement
16    shall minimally address suitability of: the selected
17    monitor's measurement technology, calibration
18    specifications, and manufacturer stated accuracies and
19    ranges;
20        (4) measures, at a minimum, carbon dioxide and PM2.5.
21    Selected monitors are recommended to also measure carbon
22    monoxide, PM10, volatile organic compounds, temperature,
23    and humidity;
24        (5) displays, at a minimum, carbon dioxide readings
25    through a display on the device or other means, such as on
26    a computer or cellular phone application;



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1        (6) is corded and does not rely solely on batteries
2    for power;
3        (7) is to be located between 3 and 6 feet above the
4    floor and at least 5 feet away from doors, operable
5    windows, or human occupants;
6        (8) connects via a wired or wireless connection to
7    other applicable monitors so as to permit recording of
8    data which includes at least the maximum carbon dioxide
9    concentrations for a period of at least one year, as well
10    as remote access to current air quality readings through a
11    computer or cellular phone application; and
12        (9) provides notification through a visual indicator
13    on the monitor, or other alert such as electronic mail,
14    text message or cellular phone application, when the
15    carbon dioxide levels in the classroom have exceeded a PPM
16    level recommended to the State Board in writing by a major
17    independent and nonpartisan organization recognized as a
18    subject matter expert in the field of air quality, such as
19    a local ASHRAE chapter.
20    Each school shall record all incidents where the
21recommended PPM level was breached in a classroom and maintain
22those records for at least 5 years.
23    Any supplied air quality monitor under this subsection may
24not be shared between active classrooms.
25    If devices matching the criteria described in this
26subsection are unavailable, the State Board shall contact a



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1major independent and nonpartisan organization recognized as a
2subject matter expert in the field of air quality, such as a
3local ASHRAE chapter, and request assistance in determining
4suitable selection criteria for an air quality monitor that
5will sufficiently accomplish the goals of: providing teachers
6and staff with air quality information to facilitate managing
7indoor air quality; storing a sufficient type and duration of
8data to facilitate ventilation assessments; provide remote
9access to current air quality readings; and generally align
10with contemporary best practice recommendations.
11    (e) The State Board shall require all school districts to
12ensure that all active classrooms are equipped with a portable
13air cleaner that:
14        (1) is installed and operating within one month
15    following delivery;
16        (2) remains in the active classroom until classroom is
17    no longer an active classroom;
18        (3) is a portable air cleaner the State Board has
19    determined to be suitable, by seeking out and obtaining a
20    written statement noting that the capabilities of the
21    portable air cleaner in question are sufficient to serve
22    the purposes described in this Section, from a major
23    independent and nonpartisan organization recognized as a
24    subject matter expert in the field of air quality, such as
25    a local ASHRAE chapter;
26        (4) utilizes a HEPA filter that captures 99.97% of 0.3



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1    micron particles. A filter stated to be equal to or
2    superior to a HEPA may not be used;
3        (5) utilizes or has the option of utilizing a
4    secondary filter for gaseous pollutants, such as activated
5    carbon;
6        (6) only utilizes HEPA filtration, as opposed to
7    additional technologies such as ionization, chemical
8    processes, and UV. If such additional technologies are
9    present in the selected portable air cleaner they must be
10    able to be disabled;
11        (7) Produces 500 or more CFM as measured by CADR or
12    similar metric of filtered airflow;
13        (8) Produces 500 or more CFM of filtered airflow at
14    under 45 dBa of noise, according to manufacturer supplied
15    dBa test results measured at one meter in front of the
16    portable air cleaner;
17        (9) is Underwriters Laboratories certified or
18    certified to Underwriters Laboratories standards;
19        (10) has a manufacturer's warranty of at least one
20    year;
21        (11) shall be continuously operated during room
22    occupancy on at least low speed;
23        (12) shall be maintained according to manufacturer's
24    recommendation, written approval shall be obtained from
25    the manufacturer if deviation from standard
26    recommendations is being considered; and



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1        (13) shall be replaced within one month if it becomes
2    inoperable.
3    If a single portable air cleaner on the market does not
4meet the parameters of this subsection, then 2 or more
5portable air cleaners per active classroom may be substituted
6if they produce a combined 500 or more CFM, as measured by CADR
7or similar metric, of filtered airflow at under 45 combined
8dBa of noise according to manufacturer supplied dBa test
9results measured at one meter in front of the portable air
11    Any supplied portable air cleaner may not be shared
12between active classrooms.
13    (f) The State Board shall require all school districts to
14supply each school with 5 additional portable air cleaners and
155 additional air quality monitors that meet the requirements
16of subsections (d) and (e) to be used in school health offices,
17libraries, cafeterias, and other similar spaces.
18    (g) The State Board shall require all school districts to
19undertake a ventilation verification assessment of all
20mechanical ventilation systems in the school district
21performed by a certified assessor or a mechanical engineer and
22shall be based on physical measurements made during the
23assessment. If an assessment is performed by a certified
24assessor, the assessment report shall be reviewed by a
25mechanical engineer. The ventilation verification assessment
26shall verify whether the existing mechanical ventilation



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1system is operating in accordance with design parameters and
2meets the requirements of any applicable building codes. The
3ventilation verification assessment for a heating, ventilation
4and air conditioning system shall include:
5        (1) testing for maximum filter efficiency;
6        (2) measurements of outside air rate;
7        (3) verification of operation of ventilation
8    components;
9        (4) measurement of all air distribution inlets and
10    outlets;
11        (5) verification of unit operation and that required
12    maintenance has been performed;
13        (6) verification of control sequences;
14        (7) verification or installation of carbon dioxide
15    sensors; and
16        (8) collection of field data for the installation of
17    mechanical ventilation if none exists.
18    (h) The verification assessment report from the mechanical
19engineer shall include appropriate corrective actions needed
20for the mechanical ventilation system or the heating,
21ventilation and air conditioning infrastructure, including
22installation of appropriate filters, installation of carbon
23dioxide sensors and additional maintenance, repairs, upgrades
24or replacement.
25    (i) The school district shall have a ventilation
26verification assessment performed on all mechanical



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1ventilation systems in the school district at least every 5
2years. The ventilation verification assessment and the
3ventilation verification reports are public documents and
4shall be available to the public upon request.
5    (j) Each school's first ventilation verification
6assessment shall occur between one and 6 months after the
7school's air quality monitors have been installed and data has
8started recording, and all measurements for this assessment,
9and all following, shall be made in the same conditions in
10which the building typically operates. The assessment plan
11shall be developed with the assistance and approval of a major
12independent and nonpartisan major organization recognized as a
13subject matter expert in the field of air quality, such as a
14local ASHRAE chapter, to ensure that the assessment results
15are representative of indoor air quality conditions
16experienced during normal occupancy.".