I 118th CONGRESS 2d Session H. R. 9131 IN THE HOUSE OF REPRESENTATIVES July 25, 2024 Mr. Tonko (for himself and Mr. Fitzpatrick ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To authorize a national program to reduce the threat to human health posed by exposure to indoor air contaminants, and for other purposes.

1. Short title This Act may be cited as the Indoor Air Quality and Healthy Schools Act of 2024 . 2. Definitions In this Act: (1) Administrator The term Administrator means the Administrator of the Environmental Protection Agency. (2) Covered childcare facility The term covered childcare facility means a facility used by an early childhood education program. (3) Early childhood education program The term early childhood education program has the meaning given to that term in section 103 of the Higher Education Act of 1965 ( 20 U.S.C. 1003 ). (4) Indoor The term indoor means the enclosed portions of buildings, including nonindustrial workplaces, public buildings, Federal buildings, schools, childcare facilities, commercial buildings, and residences. (5) Indoor air contaminant The term indoor air contaminant means any solid, liquid, semisolid, dissolved solid, biogenic agent, aerosol, or gaseous material, including combinations or mixtures of substances, in indoor air which may reasonably be anticipated to have an adverse effect on human health. (6) Indoor contaminant of concern The term indoor contaminant of concern means an indoor air contaminant that— (A) is among the most commonly occurring and poses a risk to human health; or (B) is less commonly occurring and poses a significant risk to human health. (7) Local educational agency The term local educational agency means— (A) a local educational agency (as defined in section 8101 of the Elementary and Secondary Education Act of 1965 ( 20 U.S.C. 7801 )); or (B) a Tribal education agency (as the term tribal education agency is defined in section 3 of the National Environmental Education Act ( 20 U.S.C. 5502 )). (8) State The term State includes each of the several States, the District of Columbia, Puerto Rico, the Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. 3. Indoor Air Quality Program (a) In general The Administrator shall carry out a program to support the assessment, reduction, and avoidance of exposure to indoor air contaminants to reduce risks to human health. (b) Responsibilities In carrying out the program under subsection (a), the Administrator shall support the assessment, reduction, and avoidance of exposure to indoor air contaminants to reduce risks to human health, including by— (1) carrying out research, development, and demonstration activities pursuant to the Radon Gas and Indoor Air Quality Research Act of 1986 ( 42 U.S.C. 7401 note); (2) listing indoor contaminants of concern, and developing guidelines for such indoor contaminants of concern, under section 4; (3) providing training, education, outreach, and technical assistance to eliminate or reduce indoor air contaminants, including by effective source control, ventilation, and filtration practices; (4) carrying out or recognizing voluntary certifications to identify and promote buildings that are most effective at improving indoor air quality under section 7; (5) supporting efforts to improve indoor air quality in buildings used by local educational agencies and covered childcare facilities under section 8; (6) ensuring effective consultation and coordination among Federal agencies in carrying out programs related to indoor air quality, including the Department of Labor, the Department of Energy, the Centers for Disease Control and Prevention, the Department of Housing and Urban Development, the Department of Health and Human Services, the Department of Education, the Department of Defense, the Federal Emergency Management Agency, the Consumer Product Safety Commission, and other appropriate agencies carrying out programs related to indoor air quality; (7) supporting State, local, and Tribal governments, local educational agencies, housing authorities, and other entities to develop and implement indoor air quality management strategies, educational campaigns, assessments, guidelines, standards, and response programs; (8) providing information, guidance, and assistance to the public, including building owners and occupants, on— (A) health-related risks of exposure to indoor air contaminants; and (B) effective measures and programs for reducing or avoiding exposure to indoor air contaminants; (9) supporting development and adoption of standardized methods, techniques, and protocols for assessing, measuring, and sampling indoor air to determine the presence and concentrations of indoor air contaminants; (10) supporting development and adoption of control technologies, building design criteria, and management practices to prevent the entrance of contaminants into buildings and to reduce or mitigate emissions from indoor sources; (11) assessing the effectiveness of methods, techniques, protocols, response plans, products, and technologies to reduce or avoid exposure to indoor air contaminants; (12) supporting the development and adoption of model provisions, to be incorporated into building codes for various types of buildings, designed to improve indoor air quality while taking into account comfort, safety, and energy conservation goals; (13) supporting development and adoption of control technologies, building design criteria, and management practices to improve indoor air quality and building resilience against the impacts of more frequent extreme weather events and other consequences of climate change; and (14) ensuring consideration of disadvantaged communities and individuals in carrying out the program authorized under subsection (a), including by providing access to financial assistance, technical assistance, and other offerings developed pursuant to this Act for all people regardless of income, race, color, national origin, Tribal affiliation, or disability. 4. Guidelines for indoor contaminants of concern (a) List (1) In general The Administrator shall establish and maintain a list of indoor contaminants of concern. (2) Contents The list under paragraph (1) may— (A) include combinations or mixtures of contaminants; and (B) refer to such combinations or mixtures by a common name. (3) Initial list Not later than 5 years after the date of enactment of this Act, the Administrator shall establish the initial list under paragraph (1). (b) Minimum contaminants on initial list At a minimum, the initial list established under subsection (a) shall include— (1) particulate matter; (2) carbon monoxide; (3) nitrogen dioxide; (4) ozone; (5) formaldehyde; and (6) radon. (c) Indoor air quality guidelines (1) In general The Administrator shall publish science-based, voluntary guidelines for each indoor contaminant of concern listed under subsection (a). (2) Guideline components A guideline published under this subsection shall— (A) include information and a range of recommendations for operation and maintenance of existing buildings, the design and construction of new buildings, building renovation, and such other activities as are necessary to identify, and reduce or prevent exposure to, the indoor contaminant of concern listed under subsection (a); (B) be designed to achieve significant risk reduction; (C) be technologically achievable and readily implementable; (D) take into consideration safety, energy, and other relevant factors; (E) include an assessment of effectiveness and cost; and (F) be based on available research and expertise. (3) Concentration limits (A) In general Each guideline published under this subsection shall, upon the Administrator making a determination that sufficient scientific evidence exists, include a recommended health-based limit on concentration levels of indoor contaminants of concern. (B) Best available science; lowest level of exposure A limit under subparagraph (A)— (i) shall be based on the best available science; and (ii) may include a range that includes— (I) a concentration level at which a healthy adult should take action to reduce exposure; and (II) a concentration level at which there is evidence of adverse human health effects in susceptible subpopulations, such as infants, children, pregnant women, workers, and the elderly. (C) Insufficient evidence If the Administrator determines insufficient evidence exists to set a health-based concentration limit for an indoor contaminant of concern listed under subsection (a), the Administrator shall publish a report not later than 1 year after making such determination, which shall identify— (i) studies and other activities to be taken to develop the evidence necessary to set a health-based concentration limit; and (ii) resources necessary to carry out activities under clause (i). (D) Interim guidelines While the Administrator develops sufficient scientific evidence to set a recommended health-based concentration limit for an indoor contaminant of concern under subparagraph (A), the Administrator shall publish interim guidelines, which shall include best practices to reduce exposure to such indoor contaminant of concern. (d) Review and revision Not less than every five years, the Administrator shall review and, as necessary, revise— (1) the list of indoor contaminants of concern under subsection (a); and (2) the guidelines published under subsection (c). (e) Consultation In developing, reviewing, and revising the guidelines published under subsection (c), the Administrator shall consult with organizations and individuals having demonstrated expertise in indoor air quality, public health, and building systems. (f) Consistency with indoor air regulations of other Federal agencies (1) Labor (A) Consistency with certain regulations The Administrator shall, after consultation with the Secretary of Labor, ensure that the guidelines published under subsection (c) are consistent with any Federal workplace regulations addressing indoor air quality risks. (B) Additional voluntary actions Notwithstanding subparagraph (A), the guidelines published under subsection (c) may recommend additional voluntary actions to protect persons other than workers covered by such guidelines from indoor contaminants of concern listed under subsection (a). (2) Energy The Administrator shall, after consultation with the Secretary of Energy, ensure that the guidelines published under subsection (c) are consistent with applicable energy conservation and efficiency statutes and regulations administered by the Secretary. 5. Indoor air quality index (a) In general The Administrator shall seek to enter, not later than 1 year after the date of enactment of this Act, into an agreement with the National Academy of Sciences under which the Academy agrees to conduct a study to assess the feasibility of developing a science-based indoor air quality index aimed at informing action for the protection of public health. (b) Report Not later than 2 years after entering into an agreement with the Administrator under subsection (a), the Academy shall submit to the Congress and the Administrator a report, which shall— (1) make recommendations to support the development of an indoor air quality index while ensuring that such proposed index— (A) communicates to the public in clear and simple terms the level of concern and description of indoor air quality; (B) considers health risks for certain sensitive groups of people; (C) addresses the feasibility of assessing indoor air quality through low-cost, real-time sensors and monitoring equipment; and (D) allows for updates to account for developments in science and harmonization with indoor air quality guidelines developed under section 4; (2) proposes methodologies, inputs, measurements, techniques, and equations to calculate a science-based assessment of indoor air quality; and (3) identifies limitations and challenges to the development of an indoor air quality index. (c) Authorization of appropriations There is authorized to be appropriated $1,000,000, to remain available until expended, to carry out this section. 6. Indoor air quality assistance (a) In general The Administrator may provide technical assistance and financial assistance, which may include grants, to State, local, and Tribal governments, local educational agencies, housing authorities, nonprofit organizations, and other persons to develop and implement programs to assess and improve indoor air quality. (b) Use of funds Financial assistance awarded under this section shall be used to support one or more of the following: (1) The development and implementation of educational programs, training and technical assistance programs, assessment and monitoring programs, benchmarking programs, response programs, and other activities designed to reduce human exposure to indoor air contaminants. (2) Mitigation of health risks from indoor air contaminants due to more frequent extreme weather events and other consequences of climate change. (3) Adoption or adaptation by State, local, and Tribal governments of indoor air quality guidelines published pursuant to section 4, or development and adoption of indoor air quality standards based on such guidelines, including development of assessment and compliance programs needed to implement such standards. (c) Matching requirement The Federal share of the cost of the activities for which financial assistance is awarded under this section shall not exceed 75 percent of the total cost of such activities. 7. Healthy building certifications (a) In general The Administrator shall provide for one or more types of voluntary certifications of buildings that are built, operated, and maintained to prevent or minimize indoor air health risks in an exemplary manner. (b) Requirements For a building to be certified under this section, the owner or operator of the building— (1) shall adhere to applicable guidelines published by the Administrator pursuant to section 4; and (2) shall develop and maintain an indoor air quality management plan in accordance with best practices developed or approved by the Administrator. (c) Consideration A certification process under subsection (a) may recognize actions taken by the owners and operators of existing buildings to improve indoor air quality using the most effective source control, air filtration, ventilation, and other best practices, techniques, and products. (d) Option for third-Party administration The Administrator may— (1) carry out a certification process under subsection (a) directly; or (2) recognize a certification process under subsection (a) that is developed and administered through a third party. 8. Healthy schools (a) Assessment of schools and covered childcare facilities (1) In general The Administrator shall conduct a national assessment of indoor air quality in buildings used by local educational agencies and covered childcare facilities. (2) Assessment contents The assessment under this section, including updates thereto— (A) shall include data and metrics, as determined appropriate by the Administrator, to track progress in, and challenges to, improving the indoor air quality in buildings used by local educational agencies and covered child care facilities; (B) shall assess whether buildings used by local educational agencies and covered childcare facilities achieve acceptable indoor air quality by meeting minimum ventilation rate requirements and other factors as set forth by widely recognized best practices and standards, as determined appropriate by the Administrator, such as ANSI/ASHRAE Standard 62.1–2022, Ventilation and Acceptable Indoor Air Quality; and (C) may be conducted through a survey, an onsite representative sampling of buildings (accounting for geography and building size, type, and age), or other methods or combination of methods determined appropriate by the Administrator to accurately assess the condition of buildings used by local educational agencies and covered childcare facilities throughout the country. (3) Advisory group (A) Establishment The Administrator shall establish an advisory group to provide guidance and direction in the development of the initial national assessment under this subsection. (B) Members The advisory group under subparagraph (A) shall include representatives of— (i) school administrators, teachers, maintenance staff, and other people working in buildings described in paragraph (1), labor organizations, childcare providers, and parents and caregivers; and (ii) other interested parties, including scientific and technical experts familiar with indoor air contaminant exposures, effects, and controls. (4) Initial assessment; updates (A) Initial assessment Not later than 3 years after the date of enactment of this Act, the Administrator shall conduct the initial national assessment under paragraph (1). (B) Updates Not less than five years following the completion of the initial national assessment under subparagraph (A), and each five years thereafter, the Administrator shall carry out an update of the previous national assessment under this subsection, accounting for— (i) the number of schools certified pursuant to subsection (c); and (ii) changes in the guidelines, best practices, and other support published by the Administrator to improve indoor air quality. (5) Reports to Congress Upon completing each national assessment under this subsection, the Administrator shall— (A) submit to the Congress a report on the results of such assessment; and (B) include in each such report such recommendations as the Administrator determines to be appropriate for activities or programs to reduce and avoid indoor air contaminants in buildings used by local educational agencies and covered childcare facilities. (b) Technical assistance and other support (1) In general The Administrator shall develop and promote guidance, best practices, technical assistance, training, outreach, and other support to improve indoor air quality in buildings used by a local educational agency or a covered childcare facility. (2) Considerations The Administrator shall tailor guidance, best practices, technical assistance, training, outreach, and other support under paragraph (1) to the needs of— (A) students; (B) parents and caregivers; (C) educators; (D) childcare providers; (E) maintenance staff and other employees responsible for operating and maintaining buildings referred to in paragraph (1); (F) Indian Tribes; and (G) low-income and disadvantaged communities. (c) Healthy school certification The Administrator shall ensure that at least one type of certification carried out or recognized pursuant to section 7 is applicable to buildings used by local educational agencies and covered childcare facilities. (d) Interagency coordination The Administrator shall coordinate with the Secretary of Education, the Secretary of Energy, the Secretary of Labor, and the heads of other relevant Federal agencies, to ensure that any Federal assistance made available to local educational agencies or covered childcare facilities for building construction, alteration, repair, and maintenance is consistent with any guidance and best practices developed by the Administrator under this Act. 9. Relation to other law (a) General authority Nothing in this Act shall be construed, interpreted, or applied to preempt, displace, or supplant any other State or Federal law, whether statutory or common, or any local ordinance. (b) Occupational safety and health In exercising any authority under this Act, the Administrator shall not, for purposes of section 4(b)(1) of the Occupational Safety and Health Act of 1970 ( 29 U.S.C. 653(b)(1) ), be deemed to be exercising statutory authority to prescribe or enforce standards or regulations affecting occupational safety and health. 10. Authorization of appropriations There is authorized to be appropriated $100,000,000 for each of fiscal years 2025 through 2029 to carry out this Act.