AN ACT RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS (Requires inspections and evaluations of the indoor air quality of each school building, including heating, ventilation and air conditioning systems.)

H7582

2026 -- H 7582
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LC004775
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STATE OF RHODE ISLAND
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2026
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A N A C T
RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

Introduced By:
Representatives Cotter, Read, Chippendale, Casimiro, Fogarty, Donovan,
Shallcross Smith, Potter, Furtado, and Noret

Date Introduced:
February 06, 2026

Referred To:
House Finance
It is enacted by the General Assembly as follows:
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SECTION 1. Chapter 16-21 of the General Laws entitled "Health and Safety of Pupils" is
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hereby amended by adding thereto the following section:
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16-21-44. School air quality.

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(a) The following words and phrases when used in this section shall have the following
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meanings:
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(1) "Certified testing, adjusting, and balancing technician" means;
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(i) A technician, tradesperson, or apprentice certified to perform testing, adjusting, and
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balancing of heating, ventilation, and air conditioning systems by the Associated Air Balance
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Council, the National Environmental Balancing Bureau, or the testing, adjusting and balancing
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bureau; or
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(ii) A person certified to perform ventilation assessments of heating, ventilation, and air
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conditioning systems through a certification body accredited in accordance with the ISO/IEC 17024
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personnel certification standard.
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(2) "HVAC " means heating, ventilation and air conditioning.
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(3) "MERV " means minimum efficiency reporting value.
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(4) "PM2.5 " means particles less than two and one-half (2.5) micrometers in diameter.
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(5) "PM10 " means particles less than ten (10) micrometers in diameter.
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(6) "Professional engineering standards" means nationally recognized, science-based
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technical standards for the design, operation, maintenance, and performance of indoor spaces,

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developed through an accredited consensus process, as in effect at the time the inspection,
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evaluation, or work is performed. Relevant standards include, but are not limited to,
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ANSI/ASHRAE Standard 62.1 (ventilation for acceptable indoor air quality), ANSI/ASHRAE
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Standard 55 (thermal environmental conditions for human occupancy), and ASHRAE Standard 241
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(control of infectious aerosols).
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(7) "Qualified personnel" means either;
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(i) A certified testing, adjusting, and balancing technician; or
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(ii) A skilled and trained workforce under the supervision of a certified testing, adjusting,
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and balancing technician.
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(8) "Skilled and trained workforce" means a workforce, managed in conformance with the
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Davis-Bacon Act, 40 U.S.C. §§ 3141 through 3148, in which at least sixty percent (60%) of the
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workers are graduates of or registered in and attending an apprenticeship program registered with
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the department of labor and training, division of apprenticeship training.
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(9) "Verification" means the process of evaluating a system, component, or product to
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determine whether it complies with specified requirements, design specifications, or regulations.
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(b) The department of health shall establish guidelines for indoor air quality in schools,
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including recommended thresholds and/or rates for environmental conditions that directly affect
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health and learning. Required areas of focus include:
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(1) Temperature;
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(2) Humidity;
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(3) Carbon dioxide;
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(4) PM2.5;
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(5) PM10;
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(6) Ventilation; and
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(7) Filtration.
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(c) The department of education school building authority, as part of the needs survey
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outlined in § 16-105-3, shall expand services to include uniform inspection and evaluation of the
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indoor air quality within each school building, including heating, ventilation and air conditioning
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systems when present. The inspection shall be conducted in conjunction with local school boards,
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and shall identify any deficiencies from the department of health recommendations established
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pursuant to the provisions of subsection (b) of this section, as well as other conditions that may
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affect building performance or occupant health. Implementation of the expanded assessment scope
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under this subsection, including HVAC and indoor air quality-related evaluations, shall be subject
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to the availability of state funding appropriated for statewide school facility assessments. Inspection

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results shall include estimated costs to address identified issues through capital construction,
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renovation, maintenance, or other school facility investments, as outlined in §16-105-3. The
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inspection and evaluation shall be performed by qualified personnel at least once every five (5)
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years. The department of education shall define the assessment procedures and data collection
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methods, which shall include, but not be limited to, the following:
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(1) Environmental measurements including air temperature, humidity, carbon dioxide,
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PM2.5, and PM10 under occupied conditions;
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(2) Evaluation of filtration levels and maintenance practices;
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(3) Verification of the physical condition and operational performance of ventilation
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system components, in accordance with professional engineering standards; and
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(4) Verification that required maintenance of ventilation systems has been performed in
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accordance with professional engineering standards.
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(d) The department of education shall make the inspection and evaluation results easily
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available online and send the test results directly to:
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(1) Each school's principal;
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(2) The department of elementary and secondary education; and
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(3) The appropriate local school board.
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(e) All schools with HVAC systems shall install filtration that achieves MERV levels of
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thirteen (13) to the extent determined to be feasible and appropriate for the existing HVAC system,
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as determined by the school board, in accordance with the latest professional engineering standards
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and recommendations. If it is determined by the school board that the existing HVAC system is not
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designed to achieve MERV levels of thirteen (13), the school shall install filtration that achieves
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the highest level feasible without significantly reducing the lifespan or performance of the existing
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HVAC system. School personnel shall inspect and replace filters as recommended by manufacturer
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guidelines. All HVAC adjustments shall be performed by qualified personnel.
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(f) The department of education, in coordination with the department of health, shall submit
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a report to the general assembly within one year of the effective date of this section with
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recommendations to improve indoor air quality in public schools. The report shall provide an
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update on indoor air quality procedures, guidelines, and best practices, along with the status of
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funding necessary to support expanded indoor air quality and HVAC improvements and
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assessments in schools. The report shall also utilize data collected as part of the needs survey
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outlined in §16-105-3. Thereafter, the needs survey and corresponding report shall be conducted
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on a five (5) year cycle, consistent with § 16-105-3, subject to the availability of funding.
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(g) The department of education shall designate and publicly identify a point of contact to

LC004775 - Page 3 of 6
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receive and respond to concerns related to indoor air quality and ventilation systems in public
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schools.
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(h) The department of health and department of education are hereby authorized to
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promulgate rules and regulations necessary to carry out the purposes of this section.
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SECTION 2. Section 16-7-44 of the General Laws in Chapter 16-7 entitled "Foundation
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Level School Support [See Title 16 Chapter 97 — The Rhode Island Board of Education Act]" is
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hereby amended to read as follows:
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16-7-44. School housing project costs.
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(a)
School housing project costs, the date of completion of school housing projects, and the
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applicable amount of school housing project cost commitments shall be in accordance with the
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regulations of the commissioner of elementary and secondary education and the provisions of §§
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16-7-35 — 16-7-47; provided, however, that school housing project costs shall include the purchase
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of sites, buildings, and equipment, the construction of buildings, and additions or renovations of
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existing buildings and/or facilities. School housing project costs shall include the cost of interest
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payment on any bond issued after July 1, 1988, provided that such bond is approved by the voters
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on or before June 30, 2003, or issued by a municipal public building authority or by the appropriate
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approving authority on or before June 30, 2003. Except as provided in § 16-7-41(d), for those
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projects approved after June 30, 2003, interest payments may only be included in project costs
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provided that the bonds for these projects are issued through the Rhode Island health and
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educational building corporation. School housing project costs shall exclude: (1) Any bond
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issuance costs incurred by the municipality or regional school district; (2) Demolition costs for
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buildings, facilities, or sites deemed surplus by the school committee; and (3) Restrictions pursuant
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to § 16-7-44.1. A building, facility, or site is declared surplus by a school committee when the
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committee no longer has such building, facility, or site under its direct care and control and transfers
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control to the municipality, § 16-2-15. The council on elementary and secondary education will
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promulgate rules and regulations for the administration of this section. These rules and regulations
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may provide for the use of lease revenue bonds, capital leases, or capital reserve funding, to finance
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school housing provided that the term of any bond, or capital lease shall not be longer than the
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useful life of the project and these instruments are subject to the public review and voter approval
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otherwise required by law for the issuance of bonds or capital leases. Cities or towns issuing bonds,
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or leases issued by a municipal public buildings authority for the benefit of a local community
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pursuant to chapter 50 of title 45 shall not require voter approval. Effective January 1, 2008, and
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except for interim finance mechanisms, refunding bonds, borrowing from the school building
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authority capital fund, and bonds issued by the Rhode Island health and educational building

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corporation to finance school housing projects for towns, cities, or regional school districts
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borrowing for which has previously been authorized by an enabling act of the general assembly,
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all bonds, notes, and other forms of indebtedness issued in support of school housing projects shall
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require passage of an enabling act by the general assembly.
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(b) Enhanced reimbursement for indoor air quality improvements.
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(1) The council of elementary and secondary education shall provide an enhanced
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temporary school housing aid reimbursement rate of five percent (5%) for approved school
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construction projects that include eligible indoor air quality improvements.
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(2) Eligible indoor air quality improvements may include, but shall not be limited to:
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(i) HVAC repairs, upgrades, and/or replacements;
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(ii) Increased ventilation;
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(iii) Air filtration or air cleaning technologies; and
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(iv) Other building system improvements demonstrated to improve indoor air quality.
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SECTION 3. This act shall take effect upon passage.
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EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS
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This act would require inspections and evaluations of the indoor air quality of each school
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building, including heating, ventilation and air conditioning systems. The act would also identify
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schools that may be eligible for an enhanced temporary school housing aid reimbursement rate of
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five percent (5%) for approved school construction projects that include eligible indoor air quality
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improvements.
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This act would take effect upon passage.
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