ARTICLE 3. School Reopening Ventilation and Energy Efficiency Verification and Repair Program [1620 - 1627]
( Article 3 added by Stats. 2020, Ch. 372, Sec. 5. )
For purposes of this article, the following definitions apply:
(a) “Certified TAB Technician” means a technician certified to perform testing, adjusting, and balancing of HVAC systems by the Associated Air Balance Council (AABC), the National Environmental Balancing Bureau (NEBB), or the Testing, Adjusting and Balancing Bureau (TABB).
(b) “HVAC” means heating, ventilation, and air conditioning.
(c) “Licensed Professional” means a professional eligible under Division 3 (commencing with Section 5000) of the Business and Professions Code in the applicable
classification, to perform system design, construction, or installation of features, materials, components, or manufactured devices for mechanical systems.
(d) “MERV” means minimum efficiency reporting value.
(e) “ppm” means parts per million.
(f) “Program” means the School Reopening Ventilation and Energy Efficiency Verification and Repair Program.
(g) “Qualified adjusting personnel” means either of the following:
(1) A certified testing, adjusting, and balancing (TAB) technician.
(2) A skilled and trained workforce under the supervision
of a TAB Technician.
(h) “Qualified testing personnel” means either of the following:
(1) An HVAC acceptance test technician certified to complete the forms set forth in subparagraph (B) of paragraph (1) of subdivision (b) of Section 10-103.2 of Part 1 of Title 24 of the California Code of Regulations by an Acceptance Test Technician Certification Provider (ATTCP) that is approved by the Energy Commission to provide that certification.
(2) A certified testing, adjusting and balancing (TAB) technician.
(i) “TAB” means testing, adjusting, and balancing.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
(a) The Energy Commission, in collaboration with each utility, shall develop and administer the School Reopening Ventilation and Energy Efficiency Verification and Repair Program to award grants to local educational agencies to reopen schools with functional ventilation systems that are tested, adjusted, and, if necessary or cost effective, repaired, upgraded, or replaced to increase efficiency and performance.
(b) A local educational agency may apply for a grant pursuant to the program by submitting an application for reasonable costs of the HVAC assessment, assessment report, general maintenance, adjustment of ventilation rates, filter replacement, and carbon dioxide
monitor installation.
(c) (1) The Energy Commission shall award a grant pursuant to this article if the amount requested in the application is verified by a contractor’s estimate and the local educational agency meets other requirements determined by the Energy Commission to be appropriate to achieve the purposes of this article. A grant shall be awarded in the amount requested plus an additional 20 percent of the requested amount for repairs, upgrades, or replacements necessary to make the system functional or more energy efficient.
(2) If a licensed professional identifies cost-effective energy efficiency upgrades or repairs that would exceed the additional 20 percent awarded, a local educational agency may apply for additional funding pursuant to this
article for the cost-effective energy efficiency upgrades or repairs.
(3) The Energy Commission shall award a grant pursuant to this article for reimbursement of work already performed where the work was contracted and performed after August 1, 2020, and meets the requirements of Section 1622 to 1627, inclusive, and the local educational agency meets other requirements determined by the Energy Commission to be appropriate to achieve the purposes of this article.
(4) The 20-percent contingency funds set forth in paragraph (1) shall be returned to the SRVEVR Program if not used for the purposes specified in this subdivision. The local education agency shall provide the Energy Commission with documentation, as specified by the Energy Commission, demonstrating how contingency funds
were spent.
(5) The Energy Commission shall have the authority to establish the timing of grant funding, including the ability to provide some or all funding in advance of the performance of work where requirements to ensure performance are established.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
As conditions for receiving a grant pursuant to this article, a local educational agency shall comply with the requirements of Sections 1623 to 1627, inclusive, for all air-handling units, rooftop units and unitary and single zone equipment in that facility’s HVAC system or systems.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
(a) (1) The local educational agency receiving a grant shall install filtration with a minimum efficiency reporting value (MERV) of 13 or better in the local educational agency’s HVAC system where feasible. Qualified testing personnel shall review system capacity and airflow to determine the highest MERV filtration that can be installed without adversely impacting equipment, shall replace or upgrade filters where needed, and shall verify that those filters are installed correctly. If a system uses ultraviolet germicidal irradiation (UVGI) to disinfect the air, the UVGI lamp shall be checked for proper operation, replacing bulbs as needed and verifying that the ultraviolet light does not shine on filters.
Recommendations for additional maintenance, replacement, or upgrades to allow for more protective filtration shall be recorded in the assessment report required pursuant to Section 1626.
(2) For systems with economizers, qualified testing personnel shall test system economizer dampers pursuant to Section B of NRCA-MCH-05-A–Air Economizer Controls. Economizer dampers and controls that are not properly functioning shall be repaired by a skilled and trained workforce. Recommendations for additional maintenance, replacement, or upgrades shall be recorded in the assessment report.
(b) (1) After completing the requirements of subdivision (a), a qualified testing personnel shall verify the ventilation rates in the facility classrooms, auditoriums, gymnasiums, nurses
offices, restrooms, and other occupied areas to assess whether they meet the minimum ventilation rate requirements set forth in Table 120.1-A of Part 6 (commencing with Section 100.0) of Title 24 California Code of Regulations. Assessment shall include all of the following:
(A) Calculation of the required minimum outside air ventilation rates for each occupied area based on the anticipated occupancy and the minimum required ventilation rate per occupant set forth in Table 120.1-A. Calculations shall be based on maximum anticipated classroom or other occupied area occupancy rates and determined by the performing technician. Natural Ventilation shall be designed in accordance with Section 402.2 of the California Mechanical Code (Part 4 (commencing with Section 1.1.0) of Title 24 of the California Code of Regulations) and shall include mechanical
ventilation systems designed in accordance with Section 403.0, Section 404.0, or both of those sections, of the California Mechanical Code.
(B) Measurement of outside air pursuant to Section B of
NRCA-MCH-02-A–Outdoor Air Acceptance and verification of whether the system provides the minimum outside air ventilation rates calculated in subparagraph (A).
(C) Survey readings of inlets and outlets to verify all ventilation is reaching the served zone and that there is adequate distribution. Verify if inlets and outlets are balanced within tolerance of the system design. Document read values and deficiencies. If the original system design values are not available, document available information and note unavailability of system design values in the assessment report.
(D) Verification of building pressure relative to the outdoors to ensure positive pressure differential and to ensure the building is not over pressurized.
(E) Verification of coil velocities and coil and unit discharge air temperatures required to maintain desired indoor conditions and to avoid moisture carry over from cooling coils.
(F) Verification that separation between outdoor air intakes and exhaust discharge outlets meet requirements of the California Building Code.
(G) Confirmation that the air handling unit is bringing in outdoor air and removing exhaust air as intended by the system design.
(H) Measurement of all exhaust air volume for exhaust fans, including restrooms. Document any discrepancies from system design.
(2) If the system does not
meet the minimum ventilation rate requirements set forth in Table 120.1-A, a licensed professional or qualified adjusting personnel shall review the system airflow and capacity to determine if additional ventilation can be provided without adversely impacting equipment performance and building indoor environmental quality. If additional ventilation can be provided, a qualified adjusting personnel shall adjust ventilation rates to meet the minimum ventilation rate requirements set forth in Table 120.1-A to the extent feasible. After the adjustment, the measurement and versifications required in subparagraphs (B), (D), and (E) of paragraph (1) shall be repeated. If minimum ventilation rate requirements set forth in Table 120.1-A cannot be met, this deficiency shall be reported in the assessment report and the verification report, and addressed by a licensed professional as required pursuant to
Sections 1626 and 1627.
(c) If a demand control ventilation is installed, it shall be adjusted to a carbon dioxide set point of 800 ppm or less and tested by a qualified testing personnel pursuant to Section B of NRCA-MCH-06-A–Demand Control Ventilation Systems Acceptance. If the demand control ventilation system does not maintain average daily maximum carbon dioxide levels below 1,100 ppm, it shall be disabled until such time as the local educational agency determines that the COVID-19 crisis has passed, unless disabling the control would adversely affect operation of the overall system. When disabling a demand control ventilation system, the system must be configured to meet the minimum ventilation rate requirements and tested and adjusted in accordance with paragraph (3) of subdivision (a) of Section 1625. Recommendations
for additional maintenance, replacement or upgrades shall be recorded in the assessment report.
(d) A qualified testing personnel or a skilled and trained workforce shall verify coil condition, condensate drainage, cooling coil air temperature differentials (entering and leaving dry bulb), heat exchanger operation, and drive assembly. If repairs, replacement, or upgrades are necessary, these deficiencies shall be reported in the assessment report and the verification report, and addressed by the licensed professional pursuant to Sections 1626 and 1627.
(e) A qualified testing personnel or qualified adjusting personnel shall do all of the following:
(1) Review control sequences to verify systems will maintain intended
ventilation, temperature and humidity conditions during school operation. Previously unoccupied buildings shall perform the recommended practices of reopening a building as covered in the American Society of Heating, Refrigerating and Air-Conditioning Engineers (ASHRAE) Building Readiness document – Restarting a Building.
(2) Verify a daily flush is scheduled for two hours before and after scheduled occupancy or demonstrate calculation of flush times per ASHRAE Guidance for Reopening and Operating Schools and Buildings or otherwise applicable local or state guidance.
(3) Verify that HVAC system operational times, exhaust fans operation times, setpoints, and enabled features meet ASHRAE Guidance for Reopening and Operating Schools and Buildings or otherwise applicable
local or state guidance.
(f) Requirements for filtration levels, ventilation rates, and ventilation schedules may be amended by the Energy Commission based on the latest COVID-19 or other applicable guidance.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
If installed HVAC systems or system components are broken, fail to meet minimum ventilation requirements, or are unable to operate to the original design and intent, this information will be set forth in the assessment report prepared pursuant to Section 1626 to be provided to a licensed professional for determination of appropriate corrective measures pursuant to Section 1626. Repairs, upgrades, or replacements shall be performed by a skilled and trained workforce.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
(a) To ensure proper ventilation is maintained throughout the school year, all classrooms shall be equipped with a carbon dioxide monitor that meets all of the following requirements:
(1) The monitor is hard-wired or plugged-in and mounted to the wall between three and six feet above the floor and at least five feet away from the door and operable windows.
(2) The monitor displays the carbon dioxide readings to the teacher through a display on the device or other means such as a web-based application or cellular phone application.
(3) The monitor
provides a notification through a visual indicator on the monitor, such as an indicator light, or other alert system, such as an electronic mail, text, or cellular telephone application, when the carbon dioxide levels in the classroom have exceeded 1,100 ppm.
(4) The monitor maintains a record of previous data that includes at least the maximum carbon dioxide concentration measured.
(5) The monitor has a range of 400 ppm to 2000 ppm or greater.
(6) The monitor is certified by the manufacturer to be accurate within 75 ppm at 1,000 ppm carbon dioxide concentration and is certified by the manufacturer to require calibration no more frequently than once every five years.
(b) If a classroom carbon dioxide concentration exceeds 1,100 ppm more than once a week as observed by the teacher or the facilities staff, the classroom ventilation rates shall be adjusted by qualified personnel to ensure peak carbon dioxide concentrations in the classroom remain below the maximum allowable carbon dioxide ppm setpoint. Verification of the installation of carbon dioxide monitors in all classrooms shall be included in the assessment report required pursuant to Section 1626.
(c) The requirements of paragraphs (1) to (6), inclusive, of subdivision (a) may be amended by the Energy Commission as necessary to reflect available technology and to achieve the intent of this section.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
A qualified testing personnel or qualified adjusting personnel shall prepare an assessment report for review by a licensed professional. The licensed professional shall review the assessment report and determine what, if any, additional adjustments or repairs would be necessary to meet the minimum ventilation and filtration requirements, determine whether any cost-effective energy efficiency upgrades or replacements are warranted or recommended, and provide an estimated cost for this work. If the cost of recommended repairs, upgrades, or replacements are greater than the contingency amount provided in the grant, then the licensed professional and the local educational agency shall submit an application for additional funding pursuant to
this article. The provision of any additional funding for repairs, upgrades, or replacements shall be conditioned on the applicant ensuring that all construction work funded, in whole or in part, by the additional funding is performed by a skilled and trained workforce. The assessment report shall include all of the following information:
(a) Name and address of school facility and person or contractor preparing and certifying assessment report.
(b) Documentation of HVAC equipment model number, serial number, general condition of unit, and any additional information that could be used to assess replacement and repair options given potential for increased energy efficiency benefits.
(c) Either verification that MERV 13 filters
have been installed or verification that the maximum MERV-rated filter that the system is able to effectively handle has been installed and what that MERV-rating is.
(d) The verified ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses’ offices, restrooms, offices, and other occupied areas, and whether those rates meet the requirements set forth in Table 120.1-A. If ventilation rates do not meet applicable requirements, then an explanation for why the current system is unable to meet those rates shall be provided.
(e) The verified exhaust for facility classrooms, auditoriums, gymnasiums, nurses’ offices, restrooms, and other occupied areas and whether those rates meet the requirements set forth in the design intent.
(f) Documentation of system deficiencies and recommendations for additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)
(a) Upon completion of all work funded by a grant pursuant to this article, the local educational agency shall prepare an HVAC verification report. The HVAC verification report shall include all of the following information:
(1) Name and address of school facility and person or contractor preparing and certifying report.
(2) Description of assessment, maintenance, adjustment, repair, upgrade, and replacement activities and outcomes.
(3) Verification that the local educational agency has complied with all requirements of this article.
(4) Verification that either MERV 13 filters have been installed or verification that the maximum MERV-rated filter that the system is able to effectively handle has been installed and what that MERV-rating is.
(5) The verified ventilation rates for facility classrooms, auditoriums, gymnasiums, nurses’ offices, restrooms, offices and other occupied areas and whether those rates meet the requirements set forth in Table 120.1-A. If ventilation rates do not meet applicable guidance, then an explanation for why the current system is unable to meet those rates shall be provided.
(6) The verified exhaust for facility classrooms, auditoriums, gymnasiums, nurses’ offices, restrooms, and other occupied areas and whether those rates
meet the requirements set forth in the design intent.
(7) Documentation of system deficiencies and recommendations for additional maintenance, replacement, or upgrades to improve energy efficiency, safety, or performance.
(8) Documentation of initial operating verifications, adjustments, and final operating verifications, and document any adjustments or repairs performed.
(9) Verification of installation of carbon dioxide monitors, including make and model of monitors.
(10) Verification that all work has been performed by qualified personnel, including the provision of the contractor’s name and license, acceptance test technician name and certification
number, where applicable, TAB technician name and certification number, where applicable, and verification that all construction work has been performed by a skilled and trained workforce.
(b) The local educational agency shall maintain a copy of the HVAC verification report and make it available to any member of the public or the Energy Commission upon request.
(Added by Stats. 2020, Ch. 372, Sec. 5. (AB 841) Effective January 1, 2021. Repealed as of January 1, 2027, pursuant to Section 1640.)