Bill Summary – FastDemocracy

HB 1141
                      Department of Legislative Services
                              Maryland General Assembly
                                    2021 Session
                           FISCAL AND POLICY NOTE
                              Third Reader - Revised
House Bill 1141                 (Delegate Boteler)
Appropriations                             Education, Health, and Environmental Affairs
                Baltimore County - Public Schools - Air Quality Testing
This bill requires the Baltimore County Board of Education to retain the services of a
qualified indoor air quality investigator to conduct indoor air quality testing whenever the
board requires such tests. The board also must make the results of the tests available on its
website and submit the test results to the Maryland State Department of Education (MSDE)
for publication on the department’s website. The bill takes effect July 1, 2021.
                                    Fiscal Summary
State Effect: MSDE can publish the required information with existing resources.
Local Effect: Baltimore County Public Schools (BCPS) expenditures increase by an
indeterminate amount to hire qualified indoor air quality investigators, as discussed below.
BCPS can publish test results with existing resources.
Small Business Effect: Potential minimal.
                                         Analysis
Current Law: In fiscal 2020 through 2021, the Baltimore County Public Schools Office
of Facilities Support Services was charged with enhancing the BCPS Indoor Air Quality
Program. The office performed an overall ventilation system inspection and repair for the
entire portfolio of all 157 elementary, middle, and high schools in Baltimore County.
At the State level, the Board of Public Works, in consultation with the Department of
General Services and the Department of Housing and Community Development, must
develop regulations establishing criteria to enhance indoor air quality in relocatable
classrooms constructed after July 1, 2014, which are purchased or leased using State or
local funds. Public school buildings that are newly constructed or substantially remodeled
must install carbon monoxide detectors in areas where fuel-fired equipment is present.
Additionally, the Healthy School Facility Fund allows the Interagency Commission on
School Construction (IAC) to award grants to schools based on the severity of issues
including, among others, air quality.
Local Fiscal Effect: Based on information provided by MSDE regarding a similar school
district’s air quality testing, the average cost of a comprehensive school air quality
inspection and report by a certified air quality inspector is approximately $5,000. For a less
comprehensive test, IAC advises that hiring an air quality inspector to take between two to
four samples in a facility would cost up to $1,500 to identify particulates, mold, and carbon
dioxide. The commission’s estimate, however, does not include tests for specific levels of
toxicity such as asbestos or radon that would increase the cost of an air quality test.
BCPS advises it currently has professional staff with capability to investigate air quality
internally and determine if outside help is needed. However, if the bill requires every
investigation to be conducted by a third party, significant costs could be incurred. BCPS
further advises that the county’s history does not indicate the need for air quality
assessments on a frequent basis and, therefore, if tests are only required when BCPS
determines they are needed, costs would be limited.
The Department of Legislative Services advises that the bill does not change the standards
or frequency of testing for BCPS and allows the board to decide when testing is needed.
Therefore, because the bill only requires independent investigations when the board deems
them necessary, expenditures under the bill increase to the extent costs to contract for
indoor air quality tests exceed the cost of the indoor air quality tests normally conducted
by BCPS.
For illustrative purposes, if the board were to test all 157 elementary, middle and high
schools in a given year, the total cost to hire a qualified indoor air quality investigator for
a comprehensive air quality test would be approximately $785,000. If the board were to
test all 157 elementary, middle and high schools in a given year, the total cost for a less
comprehensive air quality test would likely be about $235,500. These cost increases would
be offset to the extent that BCPS no longer utilizes its own staff capabilities to conduct air
quality testing.
HB 1141/ Page 2
                               Additional Information
Prior Introductions: None.
Designated Cross File: None.
Information Source(s):   Maryland State Department of Education; Interagency
Commission on School Construction; Baltimore County Public Schools; Department of
Legislative Services
Fiscal Note History:   First Reader - March 16, 2021
rh/hlb                 Third Reader - March 24, 2021
                              Revised - Amendment(s) - March 24, 2021
Analysis by: Michael E. Sousane                  Direct Inquiries to:
                                                 (410) 946-5510
                                                 (301) 970-5510
HB 1141/ Page 3
Statutes affected: 
Text - First - Baltimore County - Public Schools - Air Quality Testing: 7-447 Education
Text - Third - Baltimore County - Public Schools - Air Quality Testing: 7-447 Education