A Bill for an Act
Page 1, Line 101Concerning HVAC infrastructure improvement projects in
Page 1, Line 102schools.
Bill Summary
(Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov.)
The bill requires a school district, a charter school, an institute charter school, a board of cooperative services, or the Colorado school for the deaf and the blind (local education provider) to satisfy certain requirements concerning installation, inspection, and maintenance of heating, ventilation, and air conditioning (HVAC) systems in schools if the local education provider undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source specifically for such purpose.
The requirements established in the bill concern:
- Ventilation verification assessments, which include assessments of an HVAC system's filtration, ventilation exhaust, economizers, demand control ventilation, air distribution and building pressurization, general maintenance requirements, operational controls, and carbon dioxide output;
- The preparation of HVAC assessment reports;
- The review of HVAC assessment reports by mechanical engineers, who make recommendations regarding necessary repairs and improvements, suggest pathways to reduce emissions, and estimate associated costs;
- HVAC adjustments, repairs, upgrades, and replacements;
- The preparation of HVAC verification reports and the submission of the reports to the state board of education; and
- Periodic inspections and ongoing maintenance.
The bill establishes mandatory criteria that an HVAC contractor must satisfy in order to perform work described in the bill. A local education provider that undertakes HVAC infrastructure improvements using money made available by a federal government source or by a federal government source in combination with a state government source must do so using only contractors on the certified contractor list established by the department of labor and employment.
The bill transfers money from the "Infrastructure Investment and Jobs Act" cash fund to the unused state-owned real property fund. The public-private collaboration unit in the department of personnel (unit) may use the money to provide grant writing support, administrative support, and project planning, to review the work of applicants, and to connect applicants with third parties with expertise pertaining to federal funding application technical assistance.
The bill requires the unit to facilitate a public-public partnership with local education providers to leverage federal dollars available to help public schools improve air quality in schools, student performance, and staff retention.
For each award of federal dollars obtained with the unit's grant writing support, the unit is authorized to retain 2.5% of the dollars awarded to cover the unit's administrative costs.
Page 2, Line 1Be it enacted by the General Assembly of the State of Colorado:
Page 3, Line 1SECTION 1. Legislative declaration. (1) The general assembly finds that:
Page 3, Line 2(a) Students and staff in Colorado's public schools deserve access
Page 3, Line 3to clean, healthy air along with proper heating and cooling to improve their opportunities to learn;
Page 3, Line 4(b) Indoor air quality is one of several toxic threats to students in schools;
Page 3, Line 5(c) The condition of inadequate school facilities can expose
Page 3, Line 6students and staff to mold and legacy toxins such as lead, asbestos, and
Page 3, Line 7industrial products and chemicals known as "PCBs"; poor air quality and temperature control; inadequate lighting; and excessive noise; and
Page 3, Line 8(d) Improving the air quality in schools can result in higher
Page 3, Line 9attendance, better cognitive function, less asthma and other respiratory health problems, and improved academic performance.
Page 3, Line 10(2) The general assembly further finds that:
Page 3, Line 11(a) In Colorado, many of the conditions that cause unhealthy indoor air and environmental quality impact Colorado school buildings;
Page 3, Line 12(b) Various Colorado schools have been featured in news stories
Page 3, Line 13profiling funding shortages, heating and cooling issues, and the need for facility improvements;
Page 3, Line 14(c) The department of education's own "Facility Insight"
Page 3, Line 15dashboard reports the average age of school infrastructure to be 40 years; and
Page 3, Line 16(d) State school buildings receive a poor score on the "Facility Condition Index".
Page 3, Line 17(3) The general assembly further finds that:
Page 3, Line 18(a) Despite efforts by state agencies and school districts to
Page 4, Line 1improve indoor environmental quality in classrooms and other school
Page 4, Line 2buildings, many of Colorado's school districts lack the funding and staff
Page 4, Line 3to improve facility conditions and thereby improve school health outcomes;
Page 4, Line 4(b) According to the American Society of Civil Engineers' 2020
Page 4, Line 5infrastructure report card, Colorado schools have an approximately $14
Page 4, Line 6billion funding gap between the need for infrastructure replacements,
Page 4, Line 7repairs, or upgrades and money available from regular funding and budget processes;
Page 4, Line 8(c) The current funding sources for schools do not equitably
Page 4, Line 9distribute funding, leaving many schools in rural and disproportionately impacted communities unable to pay for necessary retrofits and updates;
Page 4, Line 10(d) The passage of the federal "Inflation Reduction Act of 2022"
Page 4, Line 11and "Bipartisan Infrastructure Law", which was enacted as the federal
Page 4, Line 12"Infrastructure Investment and Jobs Act", have made billions of dollars
Page 4, Line 13in federal money available to combine with current and planned state or
Page 4, Line 14local funding that can help public schools improve air quality, improve
Page 4, Line 15student performance and staff retention, and realize significant energy savings for school districts;
Page 4, Line 16(e) Accessing this federal money would not only improve air
Page 4, Line 17quality in schools but also bring billions of dollars in economic
Page 4, Line 18investments in air quality projects to Colorado communities and workers; and
Page 4, Line 19(f) Unfortunately, many of the schools with the most pressing
Page 4, Line 20infrastructure improvement needs lack the staff capacity to track, apply for, and manage grant funding available at the state and federal level.
Page 4, Line 21(4) Therefore, the general assembly declares that, in order to help schools address health concerns and energy efficiency needs, this act:
Page 5, Line 1(a) Will save schools money by ensuring that facility improvement
Page 5, Line 2projects are completed by a highly skilled workforce and result in
Page 5, Line 3measurable energy efficiency improvements and health improvements for students and staff; and
Page 5, Line 4(b) Allows Colorado's school districts to choose to undergo an
Page 5, Line 5HVAC assessment and find a pathway to fund any improvements
Page 5, Line 6identified without mandating that any school must undergo an assessment or HVAC improvements.
Page 5, Line 7SECTION 2. In Colorado Revised Statutes, add 22-32-152 as follows:
Page 5, Line 822-32-152. School ventilation and energy efficiency
Page 5, Line 9verification and repair - applicability of section - ventilation
Page 5, Line 10verification assessment - filtration - HVAC assessment report -
Page 5, Line 11mechanical engineer review - adjustments, repairs, upgrades, and
Page 5, Line 12replacements - HVAC verification report - certified contractors -
Page 5, Line 13grants - definitions. (1) Definitions.As used in this section, unless the context otherwise requires:
Page 5, Line 14(a) "ACCA" means the Air Conditioning Contractors of America.
Page 5, Line 15(b) "ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.
Page 5, Line 16(c) "Certified contractor" means a contractor on thecertified contractor list.
Page 5, Line 17(d) "Certified contractor list" means the certified
Page 5, Line 18contractor list created by the department of labor and
Page 5, Line 19employment pursuant to section 40-3.2-105.6 (3)(a).
Page 6, Line 1(e) "Certified TAB technician" means a technician
Page 6, Line 2certified to perform testing, adjusting, and balancing of HVAC systems by:
Page 6, Line 3(I) The Associated Air Balance Council;
(II) The National Environmental Balancing Bureau;
Page 6, Line 4(III) The Testing, Adjusting and Balancing Bureau; or
Page 6, Line 5(IV) A successor organization of an organization named in subsection (1)(e)(I), (1)(e)(II), or (1)(e)(III) of this section.
Page 6, Line 6(f) "CO2" means carbon dioxide.
Page 6, Line 7(g) "Department" means the department of education created in section 24-1-115.
Page 6, Line 8(h) "HVAC" means heating, ventilation, and air conditioning.
Page 6, Line 9(i) "HVAC assessment report" means an HVAC assessment report described in subsection (4) of this section.
Page 6, Line 10(j) "International mechanical code" means the 2021
Page 6, Line 11international mechanical code published by the International
Page 6, Line 12Code Council or the most recent version adopted by the office of the state architect created in section 24-30-1302.5.
Page 6, Line 13(k) "ISO/IEC 17024 personnel certification standard"
Page 6, Line 14means the ISO/IEC 17024 personnel certification accreditation
Page 6, Line 15standard developed by the International Organization for
Page 6, Line 16Standardization and the International Electrotechnical Commission for the purpose of certifying personnel.
Page 6, Line 17(l) "Local education provider" means:
Page 6, Line 18(I) A local education provider, as defined in section
Page 6, Line 1922-16-103 (4); and
Page 7, Line 1(II) The Colorado school for the deaf and the blind described in section 22-80-102.
Page 7, Line 2(m) "Mechanical engineer" means a professional engineer
Page 7, Line 3who is licensed pursuant to part 2 of article 120 of title 12 and has professional experience with HVAC systems.
Page 7, Line 4(n) "MERV" means minimum efficiency reporting value, as established by:
Page 7, Line 5(I) ANSI/ASHRAE standard 52.2-2017, "Method of Testing
Page 7, Line 6General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size";
Page 7, Line 7(II) ANSI/ASHRAE standard 62.1-2022, "Ventilation and Acceptable Indoor Air Quality";
Page 7, Line 8(III) ANSI/ASHRAE/ACCA standard 180-2018, "Standard
Page 7, Line 9Practice for Inspection and Maintenance of Commercial Building HVAC Systems"; and
Page 7, Line 10(IV) ASHRAE standard 241-2023, "Control of Infectious Aerosols".
Page 7, Line 11(o) "NOx" has the meaning set forth in section 25-7-1502 (8).
Page 7, Line 12(p) "Occupied areas" means the classrooms, auditoriums,
Page 7, Line 13gymnasiums, cafeterias, nurses' offices, restrooms, and offices of a school.
Page 7, Line 14(q) "Project labor agreement" has the meaning set forth in 48 CFR 52.222-34.
Page 7, Line 15(r) "Qualified adjusting personnel" means:
(I) A certified TAB technician; or
Page 7, Line 16(II) A worker who is under the direct supervision of a certified TAB technician.
Page 8, Line 1(s) "Qualified personnel" means qualified testing
Page 8, Line 2personnel, qualified adjusting personnel, or other workforce
Page 8, Line 3that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.
Page 8, Line 4(t) "Qualified testing personnel" means:
(I) A certified TAB technician; or
Page 8, Line 5(II) An individual certified to perform ventilation
Page 8, Line 6assessments of HVAC systems by the International Certification
Page 8, Line 7Board or through an equivalent certification program or body
Page 8, Line 8accredited under the ISO/IEC 17024 personnel certification standard.
Page 8, Line 9(u) "School" means an educational facility operated by a local education provider.
Page 8, Line 10(v) "TAB" means testing, adjusting, and balancing of an HVAC system.
Page 8, Line 11(2) Applicability of section.On and after the effective date
Page 8, Line 12of this section, if a local education provider undertakes HVAC
Page 8, Line 13infrastructure improvements at a school using money from the
Page 8, Line 14"Infrastructure Investment and Jobs Act" cash fund created in
Page 8, Line 15section 24-75-232 (3), the local education provider shall comply
Page 8, Line 16with the procedures set forth in this section in implementing the HVAC infrastructure improvements.
Page 8, Line 17(3) Ventilation verification assessment.Qualified personnel shall perform all of the following:
Page 8, Line 18(a) Filtration.MERV 13 or better filtration must be
Page 8, Line 19installed in a school's HVAC system where feasible. Qualified personnel shall:
Page 9, Line 1(I) Review system capacity and airflow to determine the
Page 9, Line 2highest MERV filtration that can be installed without adversely impacting equipment; and
Page 9, Line 3(II) Replace or upgrade filters where needed and verify that filters are installed correctly.
Page 9, Line 4(b) Ventilation and exhaust.After assessing the filtration
Page 9, Line 5as described in subsection (3)(a) of this section, qualified
Page 9, Line 6personnel shall assess the ventilation rates in the school's
Page 9, Line 7occupied areas to determine whether they meet the minimum
Page 9, Line 8ventilation rate requirements set forth in the international
Page 9, Line 9mechanical code. Assessment of the ventilation and exhaust must include all the following:
Page 9, Line 10(I) Calculation of the estimated minimum outside air
Page 9, Line 11ventilation rates for each occupied area based on the maximum
Page 9, Line 12anticipated occupancy and the minimum required ventilation
Page 9, Line 13rate per occupant. Calculations must be based on maximum
Page 9, Line 14anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.
Page 9, Line 15(II) Measurement of outside air and verification that the
Page 9, Line 16system provides at least the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;
Page 9, Line 17(III) Verification of coil velocities and unit discharge air
Page 9, Line 18temperatures required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;
Page 9, Line 19(IV) Verification that separation between outdoor air
Page 9, Line 20intakes and exhaust discharge outlets meets the requirements of the international mechanical code;
Page 10, Line 1(V) Confirmation that the air handling unit is bringing in
Page 10, Line 2outdoor air and removing exhaust air as intended by the system design; and
Page 10, Line 3(VI) Measurement of all exhaust air volume for exhaust
Page 10, Line 4fans, such as restroom exhaust fans, including documentation of any discrepancies from system design.
Page 10, Line 5(c) Economizers.For HVAC systems with economizers,
Page 10, Line 6qualified personnel shall test system economizer dampers and
Page 10, Line 7controls for proper operation. Economizer dampers and
Page 10, Line 8controls that are not properly functioning shall be repaired by
Page 10, Line 9a certified contractor or the certified contractor's qualified
Page 10, Line 10personnel. Qualified personnel shall record recommendations
Page 10, Line 11for additional maintenance, replacements, or upgrades in the HVAC assessment report.
Page 10, Line 12(d) Demand control ventilation. (I) If demand control
Page 10, Line 13ventilation systems are installed, qualified personnel shall verify their proper operation.
Page 10, Line 14(II) Demand control ventilation systems that are not
Page 10, Line 15properly functioning shall be repaired by a certified contractor or the certified contractor's qualified personnel.
Page 10, Line 16(III) If a demand control ventilation system is
Page 10, Line 17recommended to be disabled or is unable to provide
Page 10, Line 18recommended ventilation rates, the HVAC system must be
Page 10, Line 19configured to meet the minimum ventilation rate requirements
Page 10, Line 20without use of the demand control ventilation system and must
Page 10, Line 21be tested and adjusted to achieve at least the estimated
Page 11, Line 1minimum outside air ventilation rate, as described in subsection(3)(b)(I) of this section.
Page 11, Line 2(e) Air distribution and building pressurization. (I) Qualified personnel shall:
Page 11, Line 3(A) Perform survey readings of inlets and outlets to
Page 11, Line 4verify that all ventilation is reaching the served zones and that there is adequate air distribution;
Page 11, Line 5(B) Verify that inlets and outlets are balanced within tolerance of the system design; and
Page 11, Line 6(C) Document read values and deficiencies. If the original
Page 11, Line 7system design values are not available, qualified personnel
Page 11, Line 8shall document available information and note the
Page 11, Line 9unavailability of system design values in the HVAC assessment report.
Page 11, Line 10(II) Qualified personnel shall verify building and space pressure to ensure that:
Page 11, Line 11(A) The pressure differential is within tolerance of design, if known; and
Page 11, Line 12(B) The school building is not over pressurized.
Page 11, Line 13(f) General maintenance.Qualified personnel shall verify
Page 11, Line 14coil condition, condensate drainage, cooling coil air
Page 11, Line 15temperature differential (entering and leaving dry bulb), heat
Page 11, Line 16exchanger air temperature differential (entering and leaving dry bulb), and drive assembly condition.
Page 11, Line 17(g) Operational controls.Qualified personnel shall review
Page 11, Line 18control sequences to verify that systems will maintain intended
Page 11, Line 19ventilation, temperature, and humidity conditions during school operation.
Page 12, Line 1(4) HVAC assessment report.Qualified personnel shall
Page 12, Line 2prepare an HVAC assessment report for review by a mechanical
Page 12, Line 3engineer. The HVAC assessment report must include all of the following information:
Page 12, Line 4(a) The name and address of the school and the certified
Page 12, Line 5contractor completing the work, including the name of the
Page 12, Line 6qualified personnel preparing the assessment report and the
Page 12, Line 7name of the mechanical engineer certifying the assessment report;
Page 12, Line 8(b) A description of assessment, maintenance, adjustment, and repair activities and outcomes;
Page 12, Line 9(c) Documentation of HVAC equipment model numbers,
Page 12, Line 10serial numbers, the general condition of units, and any
Page 12, Line 11additional information that could be used to assess
Page 12, Line 12replacement and repair options given the potential for increased energy efficiency benefits;
Page 12, Line 13(d) Verification that either:
(I) MERV 13 filters have been installed; or
Page 12, Line 14(II) The maximum MERV-rated filter that the system is
Page 12, Line 15able to effectively handle has been installed, including an indication of the MERV rating of that filter;
Page 12, Line 16(e) Verification that all requirements described in this subsection (4) have been satisfied;
Page 12, Line 17(f) The verified ventilation rates for occupied areas and
Page 12, Line 18whether those rates meet the estimated requirements set forth
Page 12, Line 19in the international mechanical code;
Page 13, Line 1(g) The verified exhaust rates for occupied areas and
Page 13, Line 2whether those rates meet the requirements of the system's design; and
Page 13, Line 3(h) Documentation of system deficiencies and
Page 13, Line 4recommendations for additional maintenance, replacement, or
Page 13, Line 5upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.
Page 13, Line 6(5) Mechanical engineer review.A mechanical engineer shall:
Page 13, Line 7(a) Review the HVAC assessment report;
Page 13, Line 8(b) Verify or adjust the estimated minimum outside air ventilation rates;
Page 13, Line 9(c) Determine what, if any, additional adjustments,
Page 13, Line 10repairs, upgrades, or replacements are necessary to meet the
Page 13, Line 11minimum ventilation and filtration requirements of the international mechanical code;
Page 13, Line 12(d) Recommend a pathway for reducing NOx emissions and greenhouse gas emissions; and
Page 13, Line 13(e) Provide a cost estimate for all recommended work.
Page 13, Line 14(6) Adjustments, repairs, upgrades, and replacements.All
Page 13, Line 15HVAC repairs, upgrades, and replacements shall be performed
Page 13, Line 16by a certified contractor or the certified contractor's qualified
Page 13, Line 17personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.
Page 13, Line 18(7) HVAC verification report. (a) A certified contractor or
Page 13, Line 19a member of the certified contractor's qualified personnel shall
Page 13, Line 20prepare an HVAC verification report within ten business days
Page 14, Line 1after completion of all work described in subsections (3) to (6) of this section.
Page 14, Line 2(b) The HVAC verification report must include all of the following information:
Page 14, Line 3(I) The name and address of the school and the person preparing and certifying the report;
Page 14, Line 4(II) A description of assessment, maintenance, adjustment, repair, upgrade, and replacement activities and outcomes;
Page 14, Line 5(III) Verification that the certified contractor or the
Page 14, Line 6certified contractor's qualified personnel has complied with all requirements of this section;
Page 14, Line 7(IV) Verification that either:
(A) MERV 13 filters have been installed; or
Page 14, Line 8(B) The maximum MERV-rated filter that the system is
Page 14, Line 9able to effectively handle has been installed, including an indication of the MERV rating of that filter;
Page 14, Line 10(V) The verified ventilation rates for occupied areas and
Page 14, Line 11whether those rates meet the requirements set forth in the
Page 14, Line 12international mechanical code. If ventilation rates do not meet
Page 14, Line 13applicable guidance, then the HVAC verification report must
Page 14, Line 14include an explanation of why the current system is unable to meet those rates.
Page 14, Line 15(VI) The verified exhaust rates for occupied areas and
Page 14, Line 16whether those rates meet the requirements set forth in the system's design;
Page 14, Line 17(VII) Documentation of repairs, upgrades, or
Page 14, Line 18replacements performed in response to:
(A) The HVAC assessment report; and
Page 15, Line 1(B) The mechanical engineer's recommendations made pursuant to subsection (5) of this section;
Page 15, Line 2(VIII) Documentation of recommendations for additional
Page 15, Line 3maintenance, repairs, replacements, or upgrades to improve
Page 15, Line 4energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;
Page 15, Line 5(IX) Documentation of the mechanical engineer's
Page 15, Line 6recommended pathway for reducing NOx emissions and greenhouse gas emissions;
Page 15, Line 7(X) Documentation of initial operating verifications,
Page 15, Line 8adjustments, and final operating verifications and documentation of any adjustments or repairs performed; and
Page 15, Line 9(XI) Verification that all work has been performed by a
Page 15, Line 10certified contractor or the certified contractor's qualified
Page 15, Line 11personnel, including the contractor's name, the names of the
Page 15, Line 12qualified personnel, the certification numbers of any qualified
Page 15, Line 13personnel, and verification that all construction work has been
Page 15, Line 14performed by a certified contractor or the certified contractor's qualified personnel.
Page 15, Line 15(c) A local education provider shall maintain a copy of
Page 15, Line 16the HVAC verification report for at least five years and make it available to the public upon request.
Page 15, Line 17(8) Certified contractors. (a) If a local education provider
Page 15, Line 18undertakes HVAC infrastructure improvements as described in
Page 15, Line 19this section using money from the "Infrastructure Investment
Page 15, Line 20and Jobs Act" cash fund created in section 24-75-232 (3), the local education provider shall:
Page 16, Line 1(I) Obtain and make use of the certified contractor list to
Page 16, Line 2assist in contractor selection and ensure compliance with federal funding requirements; and
Page 16, Line 3(II) Employ only certified contractors or contractors
Page 16, Line 4that use prevailing wages and apprentices registered with the
Page 16, Line 5federal department of labor or the state apprenticeship agency
Page 16, Line 6created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.
Page 16, Line 7(b) The department shall publish the certified contractor
Page 16, Line 8list on its website and include or reference the list in all of the
Page 16, Line 9relevant marketing material for school infrastructure
Page 16, Line 10improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.
Page 16, Line 11(c) The requirement described in subsection (8)(a) of this
Page 16, Line 12section does not apply to mechanical, plumbing, and electrical
Page 16, Line 13work that is performed pursuant to a project labor agreement
Page 16, Line 14that allows a contractor and all subcontractors to compete
Page 16, Line 15for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.
Page 16, Line 16(d) (I) Upon evaluation of bids submitted for an HVAC
Page 16, Line 17infrastructure improvement contract, the local education
Page 16, Line 18provider may waive the requirements of this subsection (8) if the
Page 16, Line 19local education provider determines that there is substantial
Page 16, Line 20evidence that there were no responsive, eligible subcontractors
Page 16, Line 21available to fulfill the mechanical, electrical, or plumbing
Page 16, Line 22portions of the contract.
Page 17, Line 1(II) A local education provider that undertakes HVAC
Page 17, Line 2infrastructure improvements subject to the requirements of this
Page 17, Line 3subsection (8) shall make public all waivers and the specific
Page 17, Line 4rationale for granting a waiver. The local education provider
Page 17, Line 5shall post notice of a waiver and a justification for the waiver on its website.
Page 17, Line 6SECTION 3. In Colorado Revised Statutes, add 22-5-123 as follows:
Page 17, Line 722-5-123. BOCES - HVAC infrastructure improvements.On
Page 17, Line 8and after the effective date of this section, if a BOCES
Page 17, Line 9undertakes HVAC infrastructure improvements using money
Page 17, Line 10from the "Infrastructure Investment and Jobs Act" cash fund
Page 17, Line 11created in section 24-75-232 (3), the BOCES shall comply with the
Page 17, Line 12requirements described in section 22-32-152 in implementing the HVAC infrastructure improvements.
Page 17, Line 13SECTION 4. In Colorado Revised Statutes, add 22-30.5-121 as follows:
Page 17, Line 1422-30.5-121. Charter schools - HVAC infrastructure
Page 17, Line 15improvements.On and after the effective date of this section, if
Page 17, Line 16a charter school undertakes HVAC infrastructure
Page 17, Line 17improvements using money from the "Infrastructure Investment
Page 17, Line 18and Jobs Act" cash fund created in section 24-75-232 (3), the
Page 17, Line 19charter school shall comply with the requirements described in
Page 17, Line 20section 22-32-152 in implementing the HVAC infrastructure improvements.
Page 17, Line 21SECTION 5. In Colorado Revised Statutes, add 22-30.5-531 as
Page 17, Line 22follows:
Page 18, Line 122-30.5-531. Institute charter schools - HVAC infrastructure
Page 18, Line 2improvements.On and after the effective date of this section, if
Page 18, Line 3an institute charter school undertakes HVAC infrastructure
Page 18, Line 4improvements using money from the "Infrastructure Investment
Page 18, Line 5and Jobs Act" cash fund created in section 24-75-232 (3), the
Page 18, Line 6institute charter school shall comply with the requirements
Page 18, Line 7described in section 22-32-152 in implementing the HVAC infrastructure improvements.
Page 18, Line 8SECTION 6. In Colorado Revised Statutes, add 22-80-120 as follows:
Page 18, Line 922-80-120. HVAC infrastructure improvements.On and
Page 18, Line 10after the effective date of this section, if the school undertakes
Page 18, Line 11HVAC infrastructure improvements using money from the
Page 18, Line 12"Infrastructure Investment and Jobs Act" cash fund created in
Page 18, Line 13section 24-75-232 (3), the school shall comply with the
Page 18, Line 14requirements described in section 22-32-152 in implementing the HVAC infrastructure improvements.
Page 18, Line 15SECTION 7. In Colorado Revised Statutes, 24-94-102, add (4.3) and (4.7) as follows:
Page 18, Line 1624-94-102. Definitions. As used in this article 94, unless the context otherwise requires:
Page 18, Line 17(4.3) "HVAC" means heating, ventilation, and air conditioning.
Page 18, Line 18(4.7) "Local education provider" means:
Page 18, Line 19(a) A local education provider, as defined in section 22-16-103 (4); and
Page 18, Line 20(b) The Colorado school for the deaf and the blind described in section 22-80-102.
Page 19, Line 1SECTION 8. In Colorado Revised Statutes, 24-75-232, amend
Page 19, Line 2(1)(d), (2)(d), and (5)(a) introductory portion; and add (1)(d.5) and (7.5) as follows:
Page 19, Line 324-75-232. "Infrastructure Investment and Jobs Act" cash
Page 19, Line 4fund - creation - allowable uses - report- compliance monitoring -
Page 19, Line 5legislative declaration - definitions - repeal. (1) The general assembly finds and declares that:
Page 19, Line 6(d) In order for the state to be competitive for the highest range of
Page 19, Line 7funding available to it under the federal act, it is necessary for
Page 19, Line 8departments to have
fundsPage 19, Line 9although due to still-evolving federal guidance the amounts needed and
Page 19, Line 10specific types of projects may not be known in time for this money to be appropriated in the annual general appropriation act;
andPage 19, Line 11(d.5) With the passage of the "Inflation Reduction Act"
Page 19, Line 12and the "Infrastructure Investment and Jobs Act", billions of
Page 19, Line 13dollars in federal money is available to help public schools
Page 19, Line 14improve air quality in schools, student performance, and staff retention; and
Page 19, Line 15(2) As used in this section, unless the context otherwise requires:
Page 19, Line 16(d) "Local government" means a county, a municipality, a city and county, alocal education provider, or a special district.
Page 19, Line 17(5) (a) Subject to approval by the governor, a department may
Page 19, Line 18expend money in the fund as the matching nonfederal
fundsPage 19, Line 19infrastructure projects pursuant to requirements of the "Infrastructure
Page 19, Line 20Investment and Jobs Act" or subsequent federal infrastructure
Page 19, Line 21legislation for the following categories:
Page 20, Line 1(7.5) If a local education provider undertakes HVAC
Page 20, Line 2infrastructure improvements at a school using money from the
Page 20, Line 3fund, a department's grant agreement compliance monitoring shall consist of the following:
Page 20, Line 4(a) Inclusion of a clause in the award agreement that the
Page 20, Line 5local education provider must comply with section 22-32-152; and
Page 20, Line 6(b) A requirement that a local education provider make
Page 20, Line 7a certification at the end of the grant period that the local education provider is in compliance with section 22-32-152.
Page 20, Line 8SECTION 9. Act subject to petition - effective date. This act
Page 20, Line 9takes effect at 12:01 a.m. on the day following the expiration of the
Page 20, Line 10ninety-day period after final adjournment of the general assembly; except
Page 20, Line 11that, if a referendum petition is filed pursuant to section 1 (3) of article V
Page 20, Line 12of the state constitution against this act or an item, section, or part of this
Page 20, Line 13act within such period, then the act, item, section, or part will not take
Page 20, Line 14effect unless approved by the people at the general election to be held in
Page 20, Line 15November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.