House Bill 25-1245 Introduced

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 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 - periodic inspections and

• Page 5, Line 13ongoing maintenance - certified contractors - grants - definitions.

• Page 5, Line 14(1)  Definitions.As used in this section, unless the context otherwise requires:

• Page 5, Line 15(a)  "ANAB" means the American National Standards Institute National Accreditation Board.

• Page 5, Line 16(b)  "ASHRAE" means the American Society of Heating, Refrigerating and Air-Conditioning Engineers.

• Page 5, Line 17(c)  "Certified contractor" means a contractor on thecertified contractor list.

• Page 5, Line 18(d)  "Certified contractor list" means the certified

• Page 5, Line 19contractor list created by the department of labor and employment 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 22-16-103 (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

• Page 7, Line 5established by ANAB/ASHRAE standard 52.2-2017, "Method of

• Page 7, Line 6Testing General Ventilation Air-Cleaning Devices for Removal Efficiency by Particle Size".

• Page 7, Line 7(o)  "NOx" has the meaning set forth in section 25-7-1502 (8).

• Page 7, Line 8(p)  "Occupied areas" means the classrooms, auditoriums,

• Page 7, Line 9gymnasiums, cafeterias, nurses' offices, restrooms, and offices of a school.

• Page 7, Line 10(q)  "Ppm" means parts per million.

• Page 7, Line 11(r)  "Project labor agreement" has the meaning set forth in 48 CFR 52.222-34.

• Page 7, Line 12(s)  "Qualified adjusting personnel" means:

• (I)  A certified TAB technician; or

• Page 7, Line 13(II)  A worker who is under the direct supervision of a certified TAB technician.

• Page 7, Line 14(t)  "Qualified personnel" means qualified testing

• Page 7, Line 15personnel, qualified adjusting personnel, or other workforce

• Page 7, Line 16that is hired by and under the direct supervision of a certified contractor for the purpose of performing HVAC work.

• Page 7, Line 17(u)  "Qualified testing personnel" means:

• (I)  A certified TAB technician; or

• Page 8, Line 1(II)  An individual certified to perform ventilation

• Page 8, Line 2assessments of HVAC systems by the International Certification

• Page 8, Line 3Board or through an equivalent certification program or body

• Page 8, Line 4accredited under the ISO/IEC 17024 personnel certification standard.

• Page 8, Line 5(v)  "School" means an educational facility operated by a local education provider.

• Page 8, Line 6(w)  "TAB" means testing, adjusting, and balancing of an HVAC system.

• Page 8, Line 7(2)  Applicability of section. (a)  On and after the effective

• Page 8, Line 8date of this section, if a local education provider undertakes

• Page 8, Line 9HVAC infrastructure improvements at a school using money

• Page 8, Line 10made available by a federal government source or by a federal

• Page 8, Line 11government source in combination with a state government

• Page 8, Line 12source specifically for such purpose, the local education

• Page 8, Line 13provider shall comply with the procedures set forth in this section in implementing the HVAC infrastructure improvements.

• Page 8, Line 14(b)  Notwithstanding any provision of this section to the

• Page 8, Line 15contrary, a local education provider is not required to satisfy

• Page 8, Line 16the requirements of this section unless the local education

• Page 8, Line 17provider receives money from a federal government source or

• Page 8, Line 18from a federal government source in combination with a state

• Page 8, Line 19government source, which money is made available for the specific purpose of implementing HVAC system improvements.

• Page 8, Line 20(3)  Ventilation verification assessment.Qualified personnel

• Page 8, Line 21shall perform all of the following:

• Page 9, Line 1(a)  Filtration.MERV 13 or better filtration must be

• Page 9, Line 2installed in a school's HVAC system where feasible. Qualified personnel shall:

• Page 9, Line 3(I)  Review system capacity and airflow to determine the

• Page 9, Line 4highest MERV filtration that can be installed without adversely impacting equipment;

• Page 9, Line 5(II)  Replace or upgrade filters where needed and verify that filters are installed correctly; and

• Page 9, Line 6(III)  Issue recommendations for additional maintenance,

• Page 9, Line 7frequency of filter replacements, or upgrades to allow for

• Page 9, Line 8more protective filtration and record the recommendations in the HVAC assessment report.

• Page 9, Line 9(b)  Ventilation and exhaust.After assessing the filtration

• Page 9, Line 10as described in subsection (3)(a) of this section, qualified

• Page 9, Line 11personnel shall assess the ventilation rates in the school's

• Page 9, Line 12occupied areas to determine whether they meet the minimum

• Page 9, Line 13ventilation rate requirements set forth in the international

• Page 9, Line 14mechanical code. Assessment of the ventilation and exhaust must include all the following:

• Page 9, Line 15(I)  Calculation of the estimated minimum outside air

• Page 9, Line 16ventilation rates for each occupied area based on the maximum

• Page 9, Line 17anticipated occupancy and the minimum required ventilation

• Page 9, Line 18rate per occupant. Calculations must be based on maximum

• Page 9, Line 19anticipated classroom or other occupied area occupancy rates and determined by the international mechanical code.

• Page 9, Line 20(II)  Measurement of outside air and verification that the

• Page 9, Line 21system provides the minimum outside air ventilation rates calculated pursuant to subsection (3)(b)(I) of this section;

• Page 10, Line 1(III)  Verification of coil velocities and unit discharge air

• Page 10, Line 2temperatures required to maintain desired indoor conditions and to avoid moisture carryover from cooling coils;

• Page 10, Line 3(IV)  Verification that separation between outdoor air

• Page 10, Line 4intakes and exhaust discharge outlets meets the requirements of the international mechanical code;

• Page 10, Line 5(V)  Confirmation that the air handling unit is bringing in

• Page 10, Line 6outdoor air and removing exhaust air as intended by the system design; and

• Page 10, Line 7(VI)  Measurement of all exhaust air volume for exhaust

• Page 10, Line 8fans, such as restroom exhaust fans, including documentation of any discrepancies from system design.

• Page 10, Line 9(c)  Economizers.For HVAC systems with economizers,

• Page 10, Line 10qualified personnel shall test system economizer dampers for

• Page 10, Line 11proper operation. Economizer dampers and controls that are

• Page 10, Line 12not properly functioning shall be repaired by a certified

• Page 10, Line 13contractor or the certified contractor's qualified personnel.

• Page 10, Line 14Qualified personnel shall record recommendations for

• Page 10, Line 15additional maintenance, replacements, or upgrades in the HVAC assessment report.

• Page 10, Line 16(d)  Demand control ventilation. (I)  If demand control

• Page 10, Line 17ventilation systems are installed, qualified personnel shall verify their proper operation.

• Page 10, Line 18(II)  Demand control ventilation systems that are not

• Page 10, Line 19properly functioning shall be repaired by a certified contractor

• Page 10, Line 20or the certified contractor's qualified personnel.

• Page 11, Line 1(III)  If a demand control ventilation system is

• Page 11, Line 2recommended to be disabled or is unable to provide

• Page 11, Line 3recommended ventilation rates, the HVAC system must be

• Page 11, Line 4configured to meet the minimum ventilation rate requirements

• Page 11, Line 5without use of the demand control ventilation system and must

• Page 11, Line 6be tested and adjusted to achieve the estimated minimum outside

• Page 11, Line 7air ventilation rate, as described in subsection (3)(b)(I) of this section.

• Page 11, Line 8(IV)  Qualified personnel shall record recommendations

• Page 11, Line 9for additional maintenance, replacements, or upgrades in the HVAC assessment report.

• Page 11, Line 10(e)  Air distribution and building pressurization. (I)  Qualified personnel shall:

• Page 11, Line 11(A)  Perform survey readings of inlets and outlets to

• Page 11, Line 12verify that all ventilation is reaching the served zones and that there is adequate air distribution;

• Page 11, Line 13(B)  Verify that inlets and outlets are balanced within tolerance of the system design; and

• Page 11, Line 14(C)  Document read values and deficiencies. If the original

• Page 11, Line 15system design values are not available, qualified personnel

• Page 11, Line 16shall document available information and note the

• Page 11, Line 17unavailability of system design values in the HVAC assessment report.

• Page 11, Line 18(II)  Qualified personnel shall verify building and space pressure to ensure that:

• Page 11, Line 19(A)  The pressure differential is within tolerance of

• Page 11, Line 20design, if known;

• (B)  The school building is not over pressurized; and

• Page 12, Line 1(C)  If applicable, rooms designated for temporary

• Page 12, Line 2occupation by sick students or staff maintain a negative pressure, or as otherwise designed.

• Page 12, Line 3(f)  General maintenance.Qualified personnel shall verify

• Page 12, Line 4coil condition, condensate drainage, cooling coil air

• Page 12, Line 5temperature differential (entering and leaving dry bulb), heat

• Page 12, Line 6exchanger air temperature differential (entering and leaving

• Page 12, Line 7dry bulb), and drive assembly condition. Qualified personnel

• Page 12, Line 8shall record recommendations for additional maintenance, replacements, or upgrades in the HVAC assessment report.

• Page 12, Line 9(g)  Operational controls.Qualified personnel shall review

• Page 12, Line 10control sequences to verify that systems will maintain intended

• Page 12, Line 11ventilation, temperature, and humidity conditions during school operation.

• Page 12, Line 12(h)  CO2 monitoring. (I)  As an indicator of proper

• Page 12, Line 13ventilation throughout the school year, each occupied area, as

• Page 12, Line 14determined by qualified personnel, must be equipped with a CO2 monitor that:

• Page 12, Line 15(A)  Is hardwired, plug-in, or battery operated and

• Page 12, Line 16mounted to a wall at least three feet but less than six feet

• Page 12, Line 17above the floor and at least five feet away from the nearest door and any operable windows;

• Page 12, Line 18(B)  Displays the CO2 readings to the school facilities

• Page 12, Line 19manager or designated staff member through a display on the

• Page 12, Line 20device or other means, such as a web-based application or cell

• Page 12, Line 21phone application;

• Page 13, Line 1(C)  Notifies the school facilities manager or designated

• Page 13, Line 2staff member through a visual indicator or other alert, such as

• Page 13, Line 3an email, a text, or a cell phone application, when CO2 levels in

• Page 13, Line 4an occupied area, as determined by qualified personnel, exceed one thousand one hundred ppm;

• Page 13, Line 5(D)  Maintains a record of previous data, which record includes at least the maximum CO2 concentration measured;

• Page 13, Line 6(E)  Has a measurement range of at least four hundred to five thousand ppm; and

• Page 13, Line 7(F)  Is certified by the manufacturer to be accurate within

• Page 13, Line 8seventy-five ppm at one thousand ppm CO2 concentration and to

• Page 13, Line 9require calibration no more frequently than once every five years.

• Page 13, Line 10(II)  Qualified personnel shall verify that the CO2

• Page 13, Line 11monitors are accurate within seventy-five ppm at one thousand ppm CO2.

• Page 13, Line 12(III)  In schools where there is limited or no existing

• Page 13, Line 13mechanical ventilation, the assessment of CO2 monitoring must

• Page 13, Line 14focus on documenting existing conditions and providing a

• Page 13, Line 15mechanical engineer with the information needed to provide

• Page 13, Line 16mechanical ventilation upgrade recommendations, if needed, to

• Page 13, Line 17ensure proper ventilation and indoor air quality. Occupied

• Page 13, Line 18areas with limited or no existing mechanical ventilation must have CO2 monitors installed.

• Page 13, Line 19(IV)  In the HVAC assessment report, qualified personnel

• Page 13, Line 20shall include verification of the installation of CO2 monitors

• Page 13, Line 21in occupied areas, as applicable.

• Page 14, Line 1(4)  HVAC assessment report.Qualified personnel shall

• Page 14, Line 2prepare an HVAC assessment report for review by a mechanical

• Page 14, Line 3engineer. The HVAC assessment report must include all of the following information:

• Page 14, Line 4(a)  The name and address of the school and the certified

• Page 14, Line 5contractor completing the work, including the name of the

• Page 14, Line 6qualified personnel preparing the assessment report and the

• Page 14, Line 7name of the mechanical engineer certifying the assessment report;

• Page 14, Line 8(b)  A description of assessment, maintenance, adjustment, and repair activities and outcomes;

• Page 14, Line 9(c)  Documentation of HVAC equipment model numbers,

• Page 14, Line 10serial numbers, the general condition of units, and any

• Page 14, Line 11additional information that could be used to assess

• Page 14, Line 12replacement and repair options given the potential for increased energy efficiency benefits;

• Page 14, Line 13(d)  Verification that either:

• (I)  MERV 13 filters have been installed; or

• Page 14, Line 14(II)  The maximum MERV-rated filter that the system is

• Page 14, Line 15able to effectively handle has been installed, including an indication of the MERV rating of that filter;

• Page 14, Line 16(e)  Verification that all requirements described in this subsection (4) have been satisfied;

• Page 14, Line 17(f)  The verified ventilation rates for occupied areas and

• Page 14, Line 18whether those rates meet the estimated requirements set forth in the international mechanical code;

• Page 14, Line 19(g)  The verified exhaust rates for occupied areas and

• Page 15, Line 1whether those rates meet the requirements of the system's design; and

• Page 15, Line 2(h)  Documentation of system deficiencies and

• Page 15, Line 3recommendations for additional maintenance, replacement, or

• Page 15, Line 4upgrades to improve energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions, if any.

• Page 15, Line 5(5)  Mechanical engineer review.A mechanical engineer shall:

• Page 15, Line 6(a)  Review the HVAC assessment report;

• Page 15, Line 7(b)  Verify or adjust the estimated minimum outside air ventilation rates;

• Page 15, Line 8(c)  Determine what, if any, additional adjustments,

• Page 15, Line 9repairs, upgrades, or replacements are necessary to meet the

• Page 15, Line 10minimum ventilation and filtration requirements of the international mechanical code;

• Page 15, Line 11(d)  Recommend a pathway for reducing NOx emissions and greenhouse gas emissions; and

• Page 15, Line 12(e)  Provide a cost estimate for all recommended work.

• Page 15, Line 13(6)  Adjustments, repairs, upgrades, and replacements.All

• Page 15, Line 14HVAC repairs, upgrades, and replacements shall be performed

• Page 15, Line 15by a certified contractor or the certified contractor's qualified

• Page 15, Line 16personnel. All HVAC adjustments shall be performed by qualified adjusting personnel.

• Page 15, Line 17(7)  HVAC verification report. (a)  A certified contractor or

• Page 15, Line 18a member of the certified contractor's qualified personnel shall

• Page 15, Line 19prepare an HVAC verification report, and the local education

• Page 15, Line 20provider shall submit the HVAC verification report to the

• Page 16, Line 1department within thirty days after completion of all work described in subsections (3) to (6) of this section.

• Page 16, Line 2(b)  The HVAC verification report must include all of the following information:

• Page 16, Line 3(I)  The name and address of the school and the person preparing and certifying the report;

• Page 16, Line 4(II)  A description of assessment, maintenance, adjustment, repair, upgrade, and replacement activities and outcomes;

• Page 16, Line 5(III)  Verification that the certified contractor or the

• Page 16, Line 6certified contractor's qualified personnel has complied with all requirements of this section;

• Page 16, Line 7(IV)  Verification that either:

• (A)  MERV 13 filters have been installed; or

• Page 16, Line 8(B)  The maximum MERV-rated filter that the system is

• Page 16, Line 9able to effectively handle has been installed, including an indication of the MERV rating of that filter;

• Page 16, Line 10(V)  The verified ventilation rates for occupied areas and

• Page 16, Line 11whether those rates meet the requirements set forth in the

• Page 16, Line 12international mechanical code. If ventilation rates do not meet

• Page 16, Line 13applicable guidance, then the HVAC verification report must

• Page 16, Line 14include an explanation of why the current system is unable to meet those rates.

• Page 16, Line 15(VI)  The verified exhaust rates for occupied areas and

• Page 16, Line 16whether those rates meet the requirements set forth in the system's design;

• Page 16, Line 17(VII)  Documentation of repairs, upgrades, or

• Page 16, Line 18replacements performed in response to:

• (A)  The HVAC assessment report; and

• Page 17, Line 1(B)  The mechanical engineer's recommendations made pursuant to subsection (5) of this section;

• Page 17, Line 2(VIII)  Documentation of recommendations for additional

• Page 17, Line 3maintenance, repairs, replacements, or upgrades to improve

• Page 17, Line 4energy efficiency, safety, or performance or to reduce NOx emissions or greenhouse gas emissions;

• Page 17, Line 5(IX)  Documentation of the mechanical engineer's

• Page 17, Line 6recommended pathway for reducing NOx emissions and greenhouse gas emissions;

• Page 17, Line 7(X)  Documentation of initial operating verifications,

• Page 17, Line 8adjustments, and final operating verifications and documentation of any adjustments or repairs performed;

• Page 17, Line 9(XI)  Verification of installation of CO2 monitors,

• Page 17, Line 10including the number of monitors installed and verified and the make and model of each monitor; and

• Page 17, Line 11(XII)  Verification that all work has been performed by a

• Page 17, Line 12certified contractor or the certified contractor's qualified

• Page 17, Line 13personnel, including the contractor's name, the names of the

• Page 17, Line 14qualified personnel, the certification numbers of any qualified

• Page 17, Line 15personnel, and verification that all construction work has been

• Page 17, Line 16performed by a certified contractor or the certified contractor's qualified personnel.

• Page 17, Line 17(c)  A local education provider shall maintain a copy of

• Page 17, Line 18the HVAC verification report for at least five years and make it available to the public upon request.

• Page 17, Line 19(8)  Periodic inspections and ongoing maintenance. (a)  At

• Page 18, Line 1least once every five years, qualified personnel shall perform

• Page 18, Line 2the duties concerning assessment, maintenance, adjustment,

• Page 18, Line 3operational controls, and CO2 monitors described in subsections (3) to (6) of this section.

• Page 18, Line 4(b)  For CO2 monitors installed in occupied areas, as

• Page 18, Line 5determined by qualified personnel, if the CO2 concentration

• Page 18, Line 6alarm set point is exceeded for more than fifteen minutes more

• Page 18, Line 7than four times in one month, qualified adjusting personnel

• Page 18, Line 8shall either adjust the occupied area's ventilation rates or

• Page 18, Line 9install a direct outside airflow measurement device and verify

• Page 18, Line 10its accuracy to ensure peak CO2 concentrations in the occupied area remain below the set point.

• Page 18, Line 11(c)  Each local education provider shall:

• Page 18, Line 12(I)  Record each incident in which a CO2 concentration alarm set point was breached;

• Page 18, Line 13(II)  Retain each record for at least five years; and

• Page 18, Line 14(III)  Make the records available to the public upon request.

• Page 18, Line 15(9)  Certified contractors. (a)  If a local education provider

• Page 18, Line 16undertakes HVAC infrastructure improvements as described in

• Page 18, Line 17this section using money made available by federal government

• Page 18, Line 18sources or by federal government sources in combination with

• Page 18, Line 19state government sources specifically for such purpose, the local education provider shall:

• Page 18, Line 20(I)  Obtain and make use of the certified contractor list to

• Page 18, Line 21assist in contractor selection and ensure compliance with

• Page 18, Line 22federal funding requirements; and

• Page 19, Line 1(II)  Employ only certified contractors or contractors

• Page 19, Line 2that use prevailing wages and apprentices registered with the

• Page 19, Line 3federal department of labor or the state apprenticeship agency

• Page 19, Line 4created in section 8-15.7-102 for the performance of the HVAC infrastructure improvements.

• Page 19, Line 5(b)  The department shall publish the certified contractor

• Page 19, Line 6list on its website and include or reference the list in all of the

• Page 19, Line 7relevant marketing material for school infrastructure

• Page 19, Line 8improvement programs to assist in contractor selection and ensure compliance with federal funding requirements.

• Page 19, Line 9(c)  The requirement described in subsection (9)(a) of this

• Page 19, Line 10section does not apply to mechanical, plumbing, and electrical

• Page 19, Line 11work that is performed pursuant to a project labor agreement

• Page 19, Line 12that allows a contractor and all subcontractors to compete

• Page 19, Line 13for contracts and subcontracts without regard to whether they are parties to a collective bargaining agreement.

• Page 19, Line 14SECTION 3.  In Colorado Revised Statutes, add 22-5-123 as follows:

• Page 19, Line 1522-5-123.  BOCES - HVAC infrastructure improvements.On

• Page 19, Line 16and after the effective date of this section, if a BOCES

• Page 19, Line 17undertakes HVAC infrastructure improvements using money

• Page 19, Line 18made available by a federal government source or by a federal

• Page 19, Line 19government source in combination with a state government

• Page 19, Line 20source specifically for such purpose, the BOCES shall comply

• Page 19, Line 21with the requirements described in section 22-32-152 in implementing the HVAC infrastructure improvements.

• Page 19, Line 22SECTION 4.  In Colorado Revised Statutes, add 22-30.5-121 as follows:

• Page 20, Line 122-30.5-121.  Charter schools - HVAC infrastructure

• Page 20, Line 2improvements.On and after the effective date of this section, if

• Page 20, Line 3a charter school undertakes HVAC infrastructure

• Page 20, Line 4improvements using money made available by a federal

• Page 20, Line 5government source or by a federal government source in

• Page 20, Line 6combination with a state government source specifically for

• Page 20, Line 7such purpose, the charter school shall comply with the

• Page 20, Line 8requirements described in section 22-32-152 in implementing the HVAC infrastructure improvements.

• Page 20, Line 9SECTION 5.  In Colorado Revised Statutes, add 22-30.5-531 as follows:

• Page 20, Line 1022-30.5-531.  Institute charter schools - HVAC infrastructure

• Page 20, Line 11improvements.On and after the effective date of this section, if

• Page 20, Line 12an institute charter school undertakes HVAC infrastructure

• Page 20, Line 13improvements using money made available by a federal

• Page 20, Line 14government source or by a federal government source in

• Page 20, Line 15combination with a state government source specifically for

• Page 20, Line 16such purpose, the institute charter school shall comply with the

• Page 20, Line 17requirements described in section 22-32-152 in implementing the HVAC infrastructure improvements.

• Page 20, Line 18SECTION 6.  In Colorado Revised Statutes, add 22-80-120 as follows:

• Page 20, Line 1922-80-120.  HVAC infrastructure improvements.On and

• Page 20, Line 20after the effective date of this section, if the school undertakes

• Page 20, Line 21HVAC infrastructure improvements using money made available

• Page 20, Line 22by a federal government source or by a federal government

• Page 21, Line 1source in combination with a state government source

• Page 21, Line 2specifically for such purpose, the school shall comply with the

• Page 21, Line 3requirements described in section 22-32-152 in implementing the HVAC infrastructure improvements.

• Page 21, Line 4SECTION 7.  In Colorado Revised Statutes, 24-94-102, add (4.3), (4.7), and (9.5) as follows:

• Page 21, Line 524-94-102.  Definitions. As used in this article 94, unless the context otherwise requires:

• Page 21, Line 6(4.3)  "HVAC" means heating, ventilation, and air conditioning.

• Page 21, Line 7(4.7)  "Local education provider" means:

• Page 21, Line 8(a)  A local education provider, as defined in section 22-16-103 (4); and

• Page 21, Line 9(b)  The Colorado school for the deaf and the blind described in section 22-80-102.

• Page 21, Line 10(9.5)  "Public-public partnership" means an agreement

• Page 21, Line 11between one or more state public entities and local education

• Page 21, Line 12providers by which a state public entity supports the

• Page 21, Line 13development of and submission for funding for a public project

• Page 21, Line 14executed on a building or property owned by the local education provider.

• Page 21, Line 15SECTION 8.  In Colorado Revised Statutes, 24-75-232, add (4)(b.5) as follows:

• Page 21, Line 1624-75-232.  "Infrastructure Investment and Jobs Act" cash

• Page 21, Line 17fund - creation - allowable uses - report - legislative declaration -

• Page 21, Line 18definitions - repeal. (4) (b.5) (I)  On September 1, 2025, the state

• Page 21, Line 19treasurer shall transfer six million nine hundred thousand

• Page 22, Line 1dollars from the fund to the unused state-owned real property fund created in section 24-82-102.5 (5).

• Page 22, Line 2(II)  This subsection (4)(b.5) is repealed, effective September 1, 2027.

• Page 22, Line 3SECTION 9.  In Colorado Revised Statutes, 24-82-102.5, amend (5)(c)(I)(C) as follows:

• Page 22, Line 424-82-102.5.  Unused state-owned real property - cash fund -

• Page 22, Line 5legislative declaration - definitions. (5) (c) (I)  The money in the unused

• Page 22, Line 6state-owned real property fund is continuously appropriated to the department for:

• Page 22, Line 7(C)  Use by the unit to carry out the functions of the unit pursuant

• Page 22, Line 8to section 24-94-103 (2.2) for public projects that provide affordable

• Page 22, Line 9housing and the functions described in section 24-94-103 (2.2)(a)(V); and

• Page 22, Line 10SECTION 10.  In Colorado Revised Statutes, 24-94-103, amend

• Page 22, Line 11(2) introductory portion and (2)(h); and add (2)(j), (2)(k), (2.2)(a)(V), and (2.2)(a)(VI) as follows:

• Page 22, Line 1224-94-103.  Public-private partnerships - oversight of state

• Page 22, Line 13public entities in the executive branch of state government -

• Page 22, Line 14collaboration unit - public-public partnership - report - definition -

• Page 22, Line 15repeal. (2)  There is hereby established the public-private collaboration unit in the department. The unit shall:

• Page 22, Line 16(h)  In coordination with the department of early childhood,

• Page 22, Line 17created in section 24-1-120.5 (1), distribute funding to help increase the

• Page 22, Line 18supply of child care facilities using public buildings or other appropriate public assets; and

• Page 22, Line 19(j)  Facilitate a public-public partnership with local

• Page 23, Line 1education providers to leverage federal dollars available to

• Page 23, Line 2help public schools improve air quality in schools, student performance, and staff retention; and

• Page 23, Line 3(k) (I)  Submit a report to the joint budget committee and

• Page 23, Line 4the house of representatives business affairs and labor

• Page 23, Line 5committee and the senate business, labor, and technology

• Page 23, Line 6committee, or their successor committees, on November 1 of each

• Page 23, Line 7year concerning the utilization of funding in the unused

• Page 23, Line 8state-owned real property fund for HVAC projects on

• Page 23, Line 9educational properties. The report must include the amount of

• Page 23, Line 10requested matching funding, the recommended amount of

• Page 23, Line 11matching funding, and an explanation for the difference, if any, between the requested amounts and the recommended amounts.

• Page 23, Line 12(II)  Notwithstanding section 24-1-136 (11)(a)(I), the

• Page 23, Line 13reporting requirement described in this subsection (2)(k) continues indefinitely.

• Page 23, Line 14(2.2) (a)  The unit may:

• Page 23, Line 15(V)  Use money transferred from the "Infrastructure

• Page 23, Line 16Investment and Jobs Act" cash fund created in section 24-75-232

• Page 23, Line 17(3) to the unused state-owned real property fund created in

• Page 23, Line 18section 24-82-102.5 (5) to provide grant writing support,

• Page 23, Line 19administrative support, and project planning for HVAC projects,

• Page 23, Line 20to review the work of applicants, and to connect applicants with

• Page 23, Line 21third parties with expertise pertaining to federal funding

• Page 23, Line 22application technical assistance, including assistance concerning:

• Page 23, Line 23(A)  School ventilation and energy efficiency verification;

• (B)  Sustainability project planning;

• Page 24, Line 1(C)  Grant writing;

• Page 24, Line 2(D)  Technical assistance, such as engineering or

• Page 24, Line 3feasibility studies, needed to improve or make the case for a grant application;

• Page 24, Line 4(E)  Compliance with federal labor standards;

• (F)  Incentives for tax credits;

• Page 24, Line 5(G)  Procurement materials associated with the federal

• Page 24, Line 6"Build America, Buy America Act", section 70901 et seq., of the federal "Infrastructure Investment and Jobs Act", Pub.L. 117-58;

• Page 24, Line 7(H)  Project financing expertise, including creating an on-bill financing and repayment program;

• Page 24, Line 8(I)  Compliance with labor standards outlined in federal funding guidance; and

• Page 24, Line 9(J)  Community benefit plan development and community

• Page 24, Line 10benefit agreement negotiation and implementation, including best practices or consultant funds for community members; and

• Page 24, Line 11(VI)  For each award of federal dollars obtained with the

• Page 24, Line 12unit's grant writing support, retain two and one-half percent of the dollars awarded to pay for the unit's administrative costs.

• Page 24, Line 13SECTION 11.  Act subject to petition - effective date. This act

• Page 24, Line 14takes effect at 12:01 a.m. on the day following the expiration of the

• Page 24, Line 15ninety-day period after final adjournment of the general assembly; except

• Page 24, Line 16that, if a referendum petition is filed pursuant to section 1 (3) of article V

• Page 24, Line 17of the state constitution against this act or an item, section, or part of this

• Page 24, Line 18act within such period, then the act, item, section, or part will not take

• Page 24, Line 19effect unless approved by the people at the general election to be held in

• Page 25, Line 1November 2026 and, in such case, will take effect on the date of the official declaration of the vote thereon by the governor.