New Jersey § 48:3-106

§ 48:3-106.

a. The board shall establish and administer the SSBVEEVR Program to award grants to

boards of education and small businesses to ensure schools under board of education

jurisdiction and small businesses shall have functional HVAC systems that are tested,

adjusted, and, if necessary or cost effective, repaired, upgraded, or replaced to

increase efficiency and performance. b. (1) A board of education or small business may apply for a grant pursuant to section

2 of P.L.2021, c. 200 ( C.48:3-106.2 ) by submitting an application to the board, in a form and manner determined by the

board, for reasonable costs of the HVAC assessment, assessment report, deferred general

maintenance, adjustment of ventilation rates, filter replacement, system replacement,

and carbon dioxide monitor installation. (2) The board shall adjust energy efficiency savings targets, as necessary, to ensure

that energy savings created through the expenditures made pursuant to P.L.2021, c. 200 ( C.48:3-106.1 et seq. ) are not double counted in any public utility energy efficiency program. c. (1) The board shall award a grant if the amount requested in the application is

verified by the estimate of a certified energy auditor and the board of education

and small business meet other requirements determined by the board to be appropriate

to achieve the purposes of P.L.2021, c. 200 ( C.48:3-106.1 et seq. ). A grant that meets the board's criteria shall be awarded in the amount requested. The board may allow for supplementary requests for contingency funding, an additional

amount, up to 20 percent of the requested amount for repairs, upgrades, or replacements

necessary, as identified by the certified energy auditor, to make the system functional

or more energy efficient. (2) If a certified energy auditor identifies cost-effective energy efficiency upgrades

or repairs that would exceed the additional 20 percent awarded, a board of education

or small business may apply for additional funding for the cost-effective energy efficiency

upgrades or repairs through the board's existing energy efficiency programs, which

shall receive priority treatment. (3) The board 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. d. (1) Qualified testing personnel or qualified adjusting personnel shall do all of

the following: (a) for a board of education or small business receiving a grant to install filtration

with a MERV of 13 or better in the HVAC system of a school and small business building,

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 HVAC system uses ultraviolet germicidal irradiation to disinfect the air, the

ultraviolet germicidal irradiation 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; (b) for HVAC systems with economizers, qualified testing personnel shall test HVAC

system economizer dampers. 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; (c) concerning a school building, after completing the requirements of subparagraph

(b) of this paragraph, qualified testing personnel shall verify the ventilation rates

in the school and small business building, and other occupied areas to assess whether

they meet the minimum ventilation rate requirements set forth in ANSI/ASHRAE Standard

62.1-2019, Ventilation for Acceptable Indoor Air. Assessment, which shall include all of the following: (i) 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. Calculations shall be based on maximum anticipated building or other occupied area

occupancy rates and determined by the performing technician. Natural ventilation shall be designed in accordance with Section 402 of the 2018

International Mechanical Code and shall include mechanical ventilation systems designed

in accordance with Section 403 of the 2018 International Mechanical Code; and (ii) the measurement of outside air and verification of whether the HVAC system provides

the minimum outside air ventilation rates calculated under this subparagraph; If the HVAC system does not meet the minimum ventilation rate requirements, the certified

energy auditor or qualified adjusting personnel shall review the HVAC 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, qualified adjusting personnel shall adjust

ventilation rates to meet the minimum ventilation rate requirements set forth, pursuant

to this paragraph, to the extent feasible. After the adjustment, the measurement of outside air and verification of whether

the HVAC system provides the minimum outside air ventilation rates calculated under

this subparagraph shall be repeated. If minimum ventilation rate requirements cannot be met, this deficiency shall be

reported in the assessment report and the verification report and shall be addressed

by a certified energy auditor, as required; (d) survey readings of inlets and outlets to verify that all ventilation is reaching

the served zone and that there is adequate distribution. Qualified testing personnel or qualified adjusting personnel shall verify if inlets

and outlets are balanced within tolerance of the system design. Qualified testing personnel or qualified adjusting personnel shall document read

values and deficiencies. If the original HVAC system design values are not available, qualified testing personnel

or qualified adjusting personnel shall document the available information and note

the unavailability of HVAC system design values in the assessment report; (e) verify building pressure relative to the outdoors to ensure positive pressure

differential and to ensure the building is not over pressurized; (f) verify coil velocities and coil and unit discharge air temperatures as required

to maintain desired indoor conditions and to avoid moisture carry over from cooling

coils; (g) verify that separation between outdoor air intakes and exhaust discharge outlets

meet requirements of the 2018 International Mechanical Code; (h) confirm that the air handling unit is bringing in outdoor air and removing exhaust

air as intended by the system design; (i) measure all exhaust air volume for exhaust fans, including restrooms and document

any discrepancies from system design; (j) if a demand control ventilation system is installed, qualified testing personnel

or qualified adjusting personnel shall test it and adjust the ventilation to a carbon

dioxide set point of 800 PPM or less. 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

board of education or small business determines that the COVID-19 pandemic has ended,

unless disabling the control would adversely affect operation of the overall system. When disabling a demand control ventilation system, the system shall be configured

to meet the minimum ventilation rate requirements and tested and adjusted in accordance

with subparagraph (b) of this paragraph. Recommendations for additional maintenance, replacement or upgrades shall be recorded

in the assessment report; (k) a qualified testing personnel or a skilled and trained workforce shall verify

coil condition, condensate drainage, cooling coil air temperature differentials, 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 a

certified energy auditor; ( l ) review control sequences to verify the HVAC systems will maintain intended ventilation,

temperature and humidity conditions during school and small business operation. Previously unoccupied buildings shall perform the recommended practices of reopening

a building as covered in the ASHRAE Building Readiness document -- Restarting a Building; (m) 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; and (n) 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. (2) Requirements for filtration levels, ventilation rates, and ventilation schedules

may be amended by the board based on the latest COVID-19 or other applicable guidance. (3) 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 shall be set forth in the assessment report prepared and be provided

to a certified energy auditor for determination of appropriate corrective measures. Repairs, upgrades, or replacements shall be performed by a skilled and trained workforce. (4)(a) For a school building, 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: (i) the monitor shall be 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; (ii) the monitor shall display the carbon dioxide readings to the teacher or other

building staff through a display on the device or other means such as a web-based

application or cellular phone application; (iii) the monitor shall provide 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; (iv) the monitor shall maintain a record of previous data that includes at least the

maximum carbon dioxide concentration measured; (v) the monitor shall have a carbon dioxide concentration range of 400 PPM to 2000

PPM or greater; and (vi) the monitor shall be certified by the manufacturer to be accurate within 75 PPM

at 1,000 PPM carbon dioxide concentration and 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 other building 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. (c) The requirements of subsubparagraphs (i) to (vi) of subparagraph (a) of this paragraph,

may be amended by the board as necessary to reflect available technology and to achieve

the intent of this paragraph. (5) A qualified testing personnel or qualified adjusting personnel shall prepare an

assessment report for review by a certified energy auditor. The certified energy auditor 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 certified energy auditor and the

board of education and small business shall submit an application for additional funding

pursuant to this section. 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 the school and small business building 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 HVAC system is able to effectively handle has

been installed and what that MERV-rating is; (d) for a school building, 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 ANSI/ASHRAE Standard 62.1-2019. 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) for a school building, the verified exhaust rates for building classrooms, auditoriums,

gymnasiums, nurses' offices, restrooms, and other occupied areas and whether those

rates meet the requirements set forth in the design intent; and (f) documentation of system deficiencies and recommendations for additional maintenance,

replacement, or upgrades to improve energy efficiency, safety, or performance. (6) Upon completion of all work funded by a grant pursuant to this section, the board

of education shall have prepared an HVAC verification report. The HVAC verification report shall include all of the following information: (a) the name and address of the school and small business building and person or who

prepared and certified the report; (b) a description of the assessment, maintenance, adjustment, repair, upgrade, and

replacement activities and outcomes; (c) a verification that the board of education has complied with all requirements

of this section; (d) a verification that either MERV 13 filters have been installed or a verification

that the maximum MERV-rated filter that the HVAC system is able to effectively handle

has been installed and the MERV-rating level; (e) the verified ventilation rates for building classrooms, auditoriums, gymnasiums,

nurses' offices, restrooms, offices, and other occupied areas and whether those rates

meet the requirements set forth in ANSI/ASHRAE Standard 62.1-2019. If ventilation rates do not meet applicable guidance, then the report shall provide

an explanation for why the current system is unable to meet those rates; (f) the verified exhaust for building classrooms, auditoriums, gymnasiums, nurses'

offices, restrooms, and other occupied areas and whether those rates meet the requirements

set forth in the design intent; (g) documentation of HVAC system deficiencies and recommendations for additional maintenance,

replacement, or upgrades to improve energy efficiency, safety, or performance; (h) documentation of the initial operating verifications, adjustments, and final operating

verifications of the HVAC system, and documentation of any adjustments or repairs

performed on the HVAC system; (i) verification of the installation of carbon dioxide monitors, including the make

and model of the monitors; and (j) verification that all work has been performed by qualified personnel, including

the provision of the contractor's name, TAB technician name and certification number,

and verification that all construction work has been performed by a skilled and trained

workforce. (7) Other than the workforce qualification requirements, the technical and reporting

requirements of the SSBVEEVR Program may be amended by the board as necessary, to

reflect the latest COVID-19 or other applicable guidance, or otherwise to achieve

the intent of the SSBVEEVR Program and to ensure consistency with the related requirements

and codes. (8) The board of education shall maintain a copy of the HVAC verification report and

make it available to any member of the public or the board upon request. e. As a condition for receiving a grant pursuant to section 2 of P.L.2021, c. 200 ( C.48:3-106.2 ), a board of education and small business shall comply with the requirements of this

section for all air-handling units, rooftop units, and unitary and single zone equipment

in its schools' or small business' HVAC system or systems. Any costs associated with complying with this subsection shall be automatically

included in any grant amount awarded under the program. (1) An HVAC system installed pursuant to this section shall meet the ANSI/ASHRAE Standard

62.1-2019, Ventilation for Acceptable Indoor Air Quality and shall have qualified

testing personnel or qualified adjusting personnel perform the following: (a) review control sequences to verify HVAC systems will maintain intended ventilation,

temperature, and humidity conditions during school and small business operation. Previously unoccupied buildings shall perform the recommended practices of reopening

a building as covered in the ASHRAE Building Readiness document--Restarting a Building; (b) 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 or Commercial Buildings, as applicable, or otherwise applicable local or State

guidance; and (c) verify that HVAC system operational times, exhaust fans operation times, setpoints,

and enabled features meet ASHRAE Guidance for Reopening and Operating Schools or Commercial

Buildings, as applicable, or otherwise applicable local or State guidance. (2) A requirement for filtration levels, ventilation rates, and ventilation schedules

may be amended by the board based on the latest coronavirus 2019, or other applicable,

guidance. f. Concerning a school, to ensure proper ventilation is maintained throughout the

school year, all school district classrooms shall be equipped with a carbon dioxide

monitor that meets requirements determined by the board. If a classroom carbon dioxide concentration exceeds 1,100 parts per million more

than once a week as observed by the teacher or the facilities staff, the classroom

ventilation rates shall be adjusted by qualified testing personnel or qualified adjusting

personnel to ensure peak carbon dioxide concentrations in the classroom remain below

the maximum allowable carbon dioxide parts per million setpoint. g. A certified energy auditor shall determine what, if any, additional adjustments

or repairs would be necessary to meet the minimum ventilation and filtration requirements,

pursuant to this section, determine whether any further 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 certified energy auditor and the

board of education or small business shall submit an application for additional funding

pursuant to section 2 of P.L.2021, c. 200 ( C.48:3-106.2 ). h. Upon completion of all work funded by a grant pursuant to P.L.2021, c. 200 ( C.48:3-106.1 et seq. ), a board of education and small business shall prepare an HVAC verification report. The HVAC verification report shall include all of the following information: (1) the name and address of a school facility or small business and person or contractor

preparing and certifying the report; (2) a description of the assessment, maintenance, adjustment, repair, upgrade, and

replacement activities and outcomes; (3) verification that the board of education and small business has complied with

all requirements of P.L.2021, c. 200 ( C.48:3-106.1 et seq. ); (4) verification that the school facility and small business meet ANSI/ASHRAE Standard

62.1-2019, Ventilation for Acceptable Indoor Air Quality; (5) documentation of HVAC system deficiencies and recommendations for additional deferred

general maintenance to bring up to date, replacement, or upgrades to improve energy

efficiency, safety, or performance; (6) verification of the installation of carbon dioxide monitors, pursuant to subsection

e. of this section, including the make and model of the monitors; (7) verification that all work has been performed by a certified energy auditor, including

the provision of the contractor's name and license; and (8) verification that the equipment installed exceeds current energy efficiency requirements

by code and the submission of manufacturer specification sheets and supporting documents

of qualification. i. The requirements of this section may be amended by the board as necessary to reflect

available technology and to achieve the intent of P.L.2021, c. 200 ( C.48:3-106.1 et seq. ). j. A board of education and small business shall maintain a copy of the HVAC verification

report made pursuant to subsection h. of this section and make it available to any

member of the public or the board upon request.