TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 10-B
CLEAN INDOOR AIR IN STATE BUILDINGS
Section 10-B:1
10-B:1 Definitions. –
As used in this chapter:
I. "Clean air" means the standards set by the department of health and human services, in consultation with department of labor.
II. "Office space" means an area within a building occupied for 4 or more hours each workday by one or more state employees whose primary functions include supervision, administration, clerical support, retail sales, or instruction. "Office space" shall not include laboratories, vehicle repair facilities, machine shops, or medical treatment areas, and shall not include any other areas where the department of health and human services determines that the air quality contaminants created by the activity in the area are appropriately regulated by other state or federal authorities.
III. "Building addition" means newly constructed wings or additional stories which become part of an existing building, where the total cost of constructing such additional wings or stories equals 50 percent or more of the replacement value of the original building.
IV. "Building renovation" means either the interior components of a building have been removed and replaced with new components, or the existing interior components have been reconstructed, where the total cost of alterations amounts to 50 percent or more of the replacement value of the building.
Source. 1988, 68:1. 1995, 310:181. 1999, 70:2, eff. July 27, 1999.
Section 10-B:2
10-B:2 Clean Air Required. –
I. The administrator of the division of plant and property, department of administrative services, or any other state agency authorized to build, acquire, or lease building space, shall require that the following facilities meet clean air standards before they may be used as office space:
(a) After January 1, 1989, any new state building, any existing building acquired by the state, any building space leased by the state for the first time, or any building bequeathed to the state;
(b) After January 1, 1996, any building space leased by the state either in an original or renewal lease; and
(c) After January 1, 2000, any building addition or building renovation to a state building.
II. The department of health and human services, shall be responsible for certification in writing to the administrator of the division of plant and property in the department of administrative services, or other appropriate state agency head that the buildings listed under paragraph I meet the clean air standards. Notwithstanding any provision of this chapter, the department may establish testing requirements for building space previously certified under this chapter which are less stringent than testing for building space not previously certified. Similar less stringent testing requirements may also be established for very small or short-term leases or both.
III. If the state enters into a lease for any building listed under paragraph I which does not meet the clean air standards, the state may terminate such lease.
Source. 1988, 68:1. 1995, 218:1, 2; 310:175, 181. 1999, 70:3, eff. July 27, 1999. 2014, 327:45, eff. Aug. 2, 2014.
Section 10-B:3
10-B:3 Rulemaking. –
I. The commissioner of the department of administrative services may adopt rules, under RSA 541-A, relative to:
(a) Content and format of any forms necessary under RSA 10-B:2, I.
(b) Manner of acquiring certification from the department of health and human services.
(c) [Repealed.]
II. The commissioner of the department of health and human services, after consultation with the commissioner of labor, shall adopt rules, under RSA 541-A, relative to what constitutes the clean air standard.
III. The commissioner of the department of health and human services shall adopt rules, under RSA 541-A, relative to:
(a) Content and format of any forms necessary under RSA 10-B:2, II.
(b) Certification procedures.
(c) Criteria for less stringent testing and definitions of very small and short-term leases under RSA 10-B:2, II.
(d) [Repealed.]
Source. 1988, 68:1. 1995, 218:3; 310:181, 182. 2012, 171:26, I, eff. Aug. 10, 2012. 2014, 327:46, eff. Aug. 2, 2014.
Section 10-B:4
10-B:4 Exceptions. –
I. This chapter shall not apply to the university system of New Hampshire.
II. The governor and council, upon recommendation by the administrator of the division of plant and property in the department of administrative services or other state agency authorized to build, acquire, or lease office space, may suspend the enforcement of all or part of this chapter or any rule adopted under it upon finding that an emergency or hardship exists which makes compliance with the provisions of this chapter unreasonable.
Source. 1988, 68:1. 1995, 218:4, eff. Jan. 1, 1996. 2014, 327:47, eff. Aug. 2, 2014.