House Bill 25-1245 Preamended

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.

• This Unofficial Version Includes Committee

• Amendments Not Yet Adopted on Second Reading

• 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) as follows:

• Page 19, Line 324-75-232.  "Infrastructure Investment and Jobs Act" cash

• Page 19, Line 4fund - creation - allowable uses - report - legislative declaration - definitions - repeal.  (1)  The general assembly finds and declares that:

• Page 19, Line 5(d)  In order for the state to be competitive for the highest range of

• Page 19, Line 6funding available to it under the federal act, it is necessary for

• Page 19, Line 7departments to have funds funding available as a nonfederal match,

• Page 19, Line 8although due to still-evolving federal guidance the amounts needed and

• Page 19, Line 9specific types of projects may not be known in time for this money to be appropriated in the annual general appropriation act; and

• Page 19, Line 10(d.5)  With the passage of the "Inflation Reduction Act of

• Page 19, Line 112022" and the "Infrastructure Investment and Jobs Act", billions

• Page 19, Line 12of dollars in federal money is available to help public schools

• Page 19, Line 13improve air quality in schools, student performance, and staff retention; and

• Page 19, Line 14(2)  As used in this section, unless the context otherwise requires:

• Page 19, Line 15(d)  "Local government" means a county, a municipality, a city and county, alocal education provider, or a special district.

• Page 19, Line 16(5) (a) Subject to approval by the governor, a department may

• Page 19, Line 17expend money in the fund as the matching nonfederal funds funding for

• Page 19, Line 18infrastructure projects pursuant to requirements of the "Infrastructure

• Page 19, Line 19Investment and Jobs Act" or subsequent federal infrastructure legislation for the following categories:

• Page 19, Line 20SECTION 9.  Act subject to petition - effective date. This act

• Page 20, Line 1takes effect at 12:01 a.m. on the day following the expiration of the

• Page 20, Line 2ninety-day period after final adjournment of the general assembly; except

• Page 20, Line 3that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 20, Line 4of the state constitution against this act or an item, section, or part of this

• Page 20, Line 5act within such period, then the act, item, section, or part will not take

• Page 20, Line 6effect unless approved by the people at the general election to be held in

• Page 20, Line 7November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.