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HOUSE DOCKET, NO. 2474 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2131
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Christine P. Barber and Mike Connolly
_________________
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
An Act to improve outdoor and indoor air quality for communities burdened by pollution.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Christine P. Barber34th Middlesex1/19/2023Mike Connolly26th Middlesex1/19/2023Lindsay N. Sabadosa1st Hampshire1/19/2023Michelle M. DuBois10th Plymouth1/19/2023Michelle L. Ciccolo15th Middlesex1/25/2023Christopher J. Worrell5th Suffolk1/26/2023David Henry Argosky LeBoeuf17th Worcester1/27/2023James K. Hawkins2nd Bristol1/27/2023Vanna Howard17th Middlesex1/30/2023Adrianne Pusateri Ramos14th Essex1/31/2023Jack Patrick Lewis7th Middlesex1/31/2023Samantha Montaño15th Suffolk2/2/2023David M. Rogers24th Middlesex2/3/2023Tram T. Nguyen18th Essex2/3/2023Jennifer Balinsky Armini8th Essex2/4/2023Adrian C. Madaro1st Suffolk2/6/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Jason M. LewisFifth Middlesex2/7/2023 2 of 2
Steven Owens29th Middlesex2/7/2023Thomas M. Stanley9th Middlesex2/7/2023Simon Cataldo14th Middlesex2/8/2023David Allen Robertson19th Middlesex2/8/2023Frank A. Moran17th Essex2/8/2023Margaret R. Scarsdale1st Middlesex2/9/2023Carmine Lawrence Gentile13th Middlesex2/9/2023Sean Garballey23rd Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/10/2023James C. Arena-DeRosa8th Middlesex2/12/2023David Paul Linsky5th Middlesex2/13/2023Kate Donaghue19th Worcester2/14/2023Natalie M. Blais1st Franklin2/20/2023Carol A. Doherty3rd Bristol2/20/2023Erika Uyterhoeven27th Middlesex2/22/2023Natalie M. Higgins4th Worcester2/22/2023Rob Consalvo14th Suffolk2/23/2023Kay Khan11th Middlesex2/23/2023Christopher Richard Flanagan1st Barnstable2/24/2023Rodney M. Elliott16th Middlesex2/26/2023Lydia EdwardsThird Suffolk3/2/2023Kenneth I. Gordon21st Middlesex3/13/2023Patrick M. O'ConnorFirst Plymouth and Norfolk3/13/2023 1 of 21
HOUSE DOCKET, NO. 2474 FILED ON: 1/19/2023
HOUSE . . . . . . . . . . . . . . . No. 2131
By Representatives Barber of Somerville and Connolly of Cambridge, a petition (accompanied
by bill, House, No. 2131) of Christine P. Barber, Mike Connolly and others for legislation to
improve outdoor and indoor air quality for communities burdened by pollution. Public Health.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
_______________
An Act to improve outdoor and indoor air quality for communities burdened by pollution.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 SECTION 1.
2 Chapter 111 of the Massachusetts General Laws is hereby amended by adding the
3following definitions in section 1:
4 “black carbon” shall mean those fine particles less than or equal to 2.5 micrometers in
5diameter (also known as soot).
6 “environmental justice population” shall mean the populations defined in section 62 of
7chapter 30.
8 “HEPA filtration” shall mean a high efficiency particulate arrestance filtration system
9that removes at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a
10size of 0.3-10.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20
11filter. 2 of 21
12 “MERV 16 filter” shall mean a minimum efficiency reporting value filtration system that
13removes at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size
14of 0.3-10.0 microns.
15 “particulate matter” or “particulates” shall mean a broad class of chemically and
16physically diverse substances that exist as discrete particles in air, including coarse, fine, and
17ultrafine particles.
18 “fine particulate matter” or “fine particulates” shall mean particulate matter less than or
19equal to 2.5 micrometers in diameter.
20 “ultrafine particulate matter” or “ultrafine particulates” shall mean particulate matter less
21than or equal to .1 micrometers in diameter (.1 micrometers is equivalent to 100 nanometers).
22 SECTION 2.
23 Chapter 21A of the General Laws, as appearing in the 2022 Official Edition, is hereby
24amended by inserting after section 18A, as Section 18B, the following section:
25 The department of environmental protection, in consultation with the executive office of
26energy and environmental affairs and department of environmental health, shall convene a
27technical advisory committee comprised of: residents of environmental justice populations living
28adjacent to major highways; academics with expertise in air monitoring, environmental health,
29air toxics, and air pollution; and labor representatives; for the purpose of identifying
30communities with high cumulative exposure burdens for toxic air contaminants and criteria
31pollutants. The department shall convene the technical advisory committee by December 1,
322024. The technical advisory committee shall identify the likely air pollution hotspots due to 3 of 21
33high concentrations of traffic-related air pollution throughout the Commonwealth that should be
34equipped with new or expanded air monitors and establish a definition of “air quality” and “air
35quality target pollutants” that includes, but is not limited to, consideration of criteria pollutants,
36black carbon, and ultrafine particulate matter.
37 By June 30, 2026, the department of environmental protection shall install and operate
38stationary air monitors in at least eight air pollution hotspots that measure for at least one of the
39following pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. By June 30,
402027, the department of environmental protection shall establish baseline air quality in air
41pollution hotspots. Data from the air monitors shall be publicly accessible and provide near-time
42information. The department of environmental protection shall work with residents of
43environmental justice populations to conduct participatory action research where residents can
44use mobile air sensors to expand the number of locations where residents can track air quality.
45 Once those hotspots are determined and the baseline data is established, the department
46of environmental protection shall set annual targets to decrease air quality target pollutants
47between 2026 and 2035 to improve the air quality in that location. Air monitoring data shall be
48collected every three years between 2026 and 2035 to measure progress toward achieving air
49quality target pollutants reduction targets and make such data publicly available. By December
5031, 2030, the department of environmental protection shall ensure that air pollution hotspots will
51have achieved air quality target pollutant concentrations that are at least 50 percent below the
52baseline in each hotspot and certify as such by publicly reporting compliance. By December 31,
532035, the department of environmental protection shall ensure that air quality target pollutants
54concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify
55as such by publicly reporting compliance. 4 of 21
56 The department of environmental protection, in consultation with the department of
57public health, shall promulgate regulations for conducting indoor/outdoor assessments
58monitoring exposure to ultrafine particulate matter and black carbon particulate matter
59concentrations present in the indoor air of existing and proposed buildings, based on the best
60available science about the health risks associated with ultrafine particulate matter and black
61carbon. The department of environmental protection’s regulations shall at minimum set forth
62standard procedures for conducting air dispersion modeling, managing air pollution, monitoring
63ultrafine particulate matter, and estimating exposure.
64 The provisions of this chapter may be enforced by means of an action in the superior
65court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any
66combination thereof. No such action may be commenced without the plaintiff providing written
67notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal
68action in superior court. All persons shall have standing to commence such enforcement actions.
69Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek
70relief under this section.
71 SECTION 3.
72 Section 26 of Chapter 111 shall be amended by adding the following section after the
73first paragraph:
74 Boards of health shall require the installation of air filtration in eligible buildings located
75within 200 meters of a class 1, class 2 or class 3 roadway, marine terminal, airport, or a train
76station or train yard serving diesel locomotives. Eligible buildings include: (i) existing residential
77public housing; (ii) existing residential private multifamily housing with more than two tenant- 5 of 21
78occupied units; (iii) existing public schools serving students of any age in grades kindergarten
79through twelfth grade; (iv) existing private schools serving students of any age in grades
80kindergarten through twelfth grade; (v) existing charter schools serving students of any age in
81grades kindergarten through twelfth grade; (vi) existing college and university buildings with one
82or more classrooms; (vii) existing commercial buildings with businesses that have five or more
83full-time employees; and (viii) existing correctional facilities, including prisons and jails. Boards
84of health shall require that air filtration be maintained throughout the building operation.
85 The department of environmental protection, in consultation with the department of
86public health, department of elementary and secondary education, and executive office of
87administration and finance, shall identify funding sources to provide incentives for eligible
88buildings that are schools, private housing, and public housing to cover the cost of installing air
89filtration equipment.
90 Air filtration equipment installed in eligible buildings that are schools, commercial
91buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall
92be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate
93matter as a MERV 16 filter.
94 SECTION 4.
95 Section 4A of chapter 15D of the General Laws, as so appearing, is hereby amended by
96adding the following paragraph:
97 (e) The department of early education and care shall issue a new original license for a
98school age child care program, day care center, family day care system, group care facility or
99temporary shelter facility, family day care home or large family day care home which is not a 6 of 21
100part of a family day care system, as defined in section 1A of chapter 15D of the General Laws,
101only after the applicant has:
102 (1) carried out the indoor/outdoor assessment described in section 18B of chapter 21A of
103the General Laws and the assessment results indicate the concentration of fine, ultrafine, and
104black carbon particles in indoor air is or will be mitigated to at least 80 percent below outdoor air
105concentrations; or
106 (2) installed a MERV 16 filter in mechanical ventilation system or standalone HEPA
107filtration or acceptable mitigation to be determined by the department.
108 (f) No license shall be issued until acceptable mitigation has been installed and is
109functioning.
110 SECTION 5.
111 Section 1A of chapter 40A of the General Laws, as so appearing is hereby amended by
112inserting before the definition of “permit granting authority” the following definitions:
113 “construction” shall mean new construction or rehabilitation up to 50 percent of
114assessed value.
115 “hospital” shall mean any institution in the Commonwealth of Massachusetts, however
116named, whether conducted for charity or for profit, which is advertised, announced, established
117or maintained for the purpose of caring for persons admitted thereto and staying overnight for
118diagnosis or medical, surgical or restorative treatment which is rendered within said institution;
119but shall not include clinics, day surgery centers, dialysis centers, or other such health care
120facilities which do not admit patients overnight. 7 of 21
121 “long-term care facility” shall mean any institution whether conducted for charity or
122profit which is advertised, announced or maintained for the express or implied purpose of
123providing three or more individuals admitted thereto with long-term resident, nursing,
124convalescent or rehabilitative care; supervision and care incident to old age for ambulatory
125persons; or retirement home care for elderly persons. Long-term care facility shall include
126convalescent or nursing homes, rest homes, and charitable homes for the aged.
127 “particulate matter mitigation” shall mean strategies, structural and nonstructural, that
128verifiably reduce indoor ultrafine particle levels by 80 percent, relative to outdoor levels.
129 “publicly funded” shall mean any entity or institution which receives federal, state or
130municipal monies, grants, and/or subsidies.
131 “publicly subsidized” shall mean any project receiving any form of direct funding, loan,
132loan guarantee, tax credit, TIF funding, publicly bonded funds, or property tax incentives, issued
133or granted by any public or quasi-public entity.
134 “school” shall mean any public or private institution primarily engaged in the education
135of persons aged 18 years and younger. This definition does not include institutions of higher
136education.
137 SECTION 6.
138 Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by
139inserting the following paragraphs after section (r):
140 (s) No permit granting authority shall grant a building permit for any proposed residential
141development, hospital, school, long-term care facility, school aged child care program, day care 8 of 21
142center, family day care home or large family day care home which is not a part of a family day
143care system, family day care system, or group care facility or temporary shelter facility as
144defined in section 1A of chapter 15D of the General Laws unless:
145 (a) the owner or applicant carries out an indoor/outdoor particulates assessment
146consistent with the regulations adopted pursuant to section 18B of chapter 21A of the General
147Laws, and the assessment results indicate that the concentration of ultrafine particulate matter
148and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
149 (b) the owner or applicant has installed a MERV 16 filter in the building’s mechanical
150ventilation system.
151 SECTION 7.
152 Subsection a of section 6 of chapter 70B of the General Laws, as so appearing, is hereby
153amended by inserting after subparagraph (6) the following paragraph:
154 (7) If the school project includes structures, apart from parking structures and accessory
155structures, as defined in Section 21 of Chapter 17 of the General Laws or a train station or train
156yard serving diesel locomotives, the applicant shall:
157 (a) carry out the indoor/outdoor particulates assessment described in section 18B of
158chapter 21A of the General Laws and the assessment results indicate that the concentration of
159ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below
160outdoor concentrations; or
161 (b) install a MERV 16 filter in the mechanical ventilation system or standalone HEPA
162filtration or acceptable mitigation to be determined by the department. 9 of 21
163 SECTION 8.
164 Section 51 of Chapter 111 of the General Laws, as so appearing, is hereby amended by
165inserting after the second paragraph the following paragraph:
166 No original license shall be issued to establish a hospital so as to place structures
167inhabited by patients unless the developer:
168 (1)has carried out the indoor/outdoor particulates assessment described in section
16918B of chapter 21A of the General Laws and the assessment results indicate that indoor ultrafine
170particulate matter and black carbon levels are or will be mitigated to at least 80 percent below
171that of outdoor levels. In the case of a facility previously licensed as a hospital in which there is
172only a change in ownership, no such particulates assessment shall be required, in the absence of
173expansions or new construction; or
174 (2)has installed a MERV 16 filter in the mechanical ventilation system or standalone
175HEPA filtration or acceptable mitigation to be determined by the department.
176 SECTION 9.
177 Section 71 of Chapter 111 of the General Laws, as so appearing, is hereby amended by
178inserting after the second paragraph the following paragraph:
179 No original license shall be issued to establish a convalescent or nursing home, rest
180home or charitable home for the aged so as to place residential structures unless the developer:
181 (1)has carried out the particulates assessment described in section 18B of chapter
18221A of the General Laws and the assessment results indicate indoor ultrafine particulate matter
183and black carbon levels are or will be mitigated to at least 80 percent below those of outdoor 10 of 21
184levels. In the case of a facility previously licensed in which there is only a change in ownership,
185no such health risk assessment shall be required, in the absence of expansion or new
186construction; or
187 (2)has installed a MERV 16 filter in the mechanical ventilation system or standalone
188HEPA filtration or acceptable mitigation to be determined by the department.
189 SECTION 10.
190 Section 1 of chapter 111 of the General Laws is hereby amended by inserting the
191following definitions:
192 “Indoor mold,” visible living or dead fungi or related products or parts, including
193spores, hyphae, and mycotoxins, on an interior surface of a building, including common spaces,
194utility spaces, HVAC, or other systems.
195 “Indoor mold assessment,” an indoor mold assessment conducted by an indoor mold
196remediation professional.
197 “Indoor mold hazard,” indoor mold growth of ten square feet (10 ft.2) or more in an
198affected area.
199 “Owner,” as provided in section 189A of chapter 111.
200 “Premises,” any residential premises, dwelling unit, or residential property.
201 SECTION 11.
202 Section 127A of chapter 111 shall be amended to add the following section after the
203second paragraph: 11 of 21
204 Section 1.
205 (a) An owner leasing a premises shall notify tenants of the premises and prospective
206tenants who are about to enter an agreement to rent the premises about the hazards of indoor
207mold as follows:
208 (1)The department shall, by July 1, 2024, prepare a standard notification brochure
209and such other materials as may be necessary to inform occupants and owners about the hazards
210associated with indoor mold; measures which can be taken by occupants and owners to reduce
211the risk of indoor mold; and tenants’ rights and owners’ obligations pursuant to sections 127A,
212127B, and 127C of chapter 111, inclusive, and regulations promulgated thereunder. Such
213materials shall also describe the need for tenants to promptly notify owners of the appearance of
214indoor mold. The department shall produce these materials in multiple languages other than
215English to accommodate the diverse multicultural population of Massachusetts.
216 (2) The department shall, by July 1, 2024, prepare a disclosure form for owners to
217provide the following notice to tenants and prospective tenants:
218 (i) Prior violations of the State Sanitary Code involving indoor mold or moisture,
219within the past three years; and
220 (ii) Current instances of indoor mold on the premises, of which the owner knows, or
221has reasonable cause to believe exist.
222 (3) Effective August 1, 2025, prior to entering into a tenancy agreement, the owner of a
223premises, or such other person to whom rent is to be regularly paid, shall provide any prospective 12 of 21
224tenant who is about to enter such an agreement to rent the premises with, and the prospective
225tenant shall sign prior to entering into a tenancy agreement:
226 (i) A copy of the materials specified in subsection (1);
227 (ii) A written disclosure on the form specified in subsection (2) regarding any existing
228indoor mold on the premises, when the owner knows, or has reasonable cause to believe, that
229such indoor mold is present.
230 (4) Effective August 1, 2025, prior to any renewal of an existing tenancy agreement, the
231owner of premises, or such other person to whom rent is to be regularly paid, shall provide the
232tenant with the materials specified in subsection (3).
233 (b) All persons selling a premises shall, prior to the signing of a purchase and sale
234agreement, provide the prospective purchaser with the materials specified in subsection (3). The
235prospective purchaser shall sign these materials prior to the signing of a purchase and sale
236agreement. The department may adapt these materials as appropriate for the context of real estate
237purchases.
238 Section 2. Inspection Requirements.
239 (a) Notwithstanding sections 3(b) and 4, an owner shall inspect or hire a third party to
240inspect for indoor mold in all occupied premises and in common areas at least once a year
241between the months of June and August and more often, if necessary, such as when, in the
242exercise of reasonable care, an owner knows or should have known of a condition that is
243reasonably foreseeable to cause indoor mold, or an occupant makes a complaint concerning a 13 of 21
244condition that is likely to cause indoor mold or requests an inspection, or the department issues a
245notice of violation or orders the correction of a violation that is likely to cause indoor mold.
246 (b) An owner who receives written or electronic notice from a tenant that indoor mold or
247suspected indoor mold exists in the premises or in a common area of the property shall inspect
248the property within five (5) calendar days.
249 (c) An owner who conducts or provides for an inspection under subsections (a) and (b)
250within five (5) calendar days of such inspection shall:
251 (1) Provide written, in the form of paper or electronic, notice to the tenant that states:
252 (i) That the owner inspected the apartment for indoor mold; and
253 (ii) Whether the owner found indoor mold and, if so, whether the indoor mold constitutes
254an indoor mold hazard.
255 (2) Report to the local board of health:
256 (i) The information specified under subsection (c)(1), provided the inspection is an
257annual inspection required under subsection (a), or any other inspection where the inspection
258reveals an indoor mold hazard.
259 (ii) The receipt of any written or electronic complaint from the tenant regarding indoor
260mold or suspected indoor mold.
261 (d) Local boards of health will keep a record of, and make public, the information
262received under subsection (c)(2) through a publicly accessible online database.
263 Section 3. Remediation Requirements. 14 of 21
264 (a) The presence of indoor mold in a leased premises constitutes a violation of the State
265Sanitary Code. Owners of leased premises shall take reasonable measures to keep such premises
266free from indoor mold and from any condition conducive to indoor mold and shall take
267reasonable measures to prevent the reasonably foreseeable occurrence of such conditions and
268shall expeditiously take reasonable measures to remediate such conditions and any underlying
269defect, when such underlying defect exists, consistent with this section and the rules promulgated
270thereunder.
271 (b) If an inspection or examination as provided for in section 3 or the State Sanitary Code
272reveals the presence of indoor mold, the owner shall:
273 (1) Cause the indoor mold to be remediated in accordance with subsections (c) or (d), as
274applicable;
275 (2) Begin necessary remediation or contract in writing with a third party within five (5)
276days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the
277State Sanitary Code, unless a shorter timeframe is ordered by the local board of health; and
278 (3) Make a good faith effort to substantially correct all violations within thirty (30) days
279of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State
280Sanitary Code, unless a shorter timeframe is ordered by a local board of health.
281 (c) If remediation of indoor mold is required under subsection (b) and the indoor mold is
282not an indoor mold hazard, the owner shall:
283 (1) Remediate the indoor mold in accordance with the guidelines established under
284subsection (e)(2); and 15 of 21
285 (2) Within five (5) days of the completed remediation of the indoor mold:
286 (i) Provide written or electronic notice to the tenant stating that the indoor mold is
287remediated; and
288 (ii) Report to the local board of health that the indoor mold is remediated. Local boards of
289health will keep a record of, and make public, this report.
290 (d) If remediation of indoor mold is required under subsection (b) and the indoor mold is
291an indoor mold hazard, the owner shall:
292 (1) Cause an indoor mold remediation professional to remediate the indoor mold hazard.
293The indoor mold remediation professional shall remediate the indoor mold hazard in accordance
294with the performance standards and work practices established under subsection (e)(1); and
295 (2) Within five (5) days of the completed remediation of the indoor mold:
296 (i) Provide written or electronic notice to the tenant stating that the indoor mold is
297remediated; and
298 (ii) Inform the local board of health of the violation and request an inspection following
299the remediation, provided that the local board of health is not aware of the violation and does not
300plan to conduct a follow-up inspection pursuant to the State Sanitary Code. Local boards of
301health will keep a record of, and make public, this report, through a publicly accessible online
302database.
303 (e) Consistent with applicable U.S. Environmental Protection Agency or U.S.
304Department of Labor, Occupational Safety and Health Administration guidelines and regulations 16 of 21
305relating to the assessment and remediation of mold, within one year of the effective date the
306department shall:
307 (1) Establish minimum performance standards and work practices for conducting
308professional indoor mold remediation in Massachusetts, including the use of a moisture meter
309before and following remediation to ensure that moisture levels for building materials are at
310appropriate levels as determined by the department.
311 (2) Establish guidelines for the safe and effective remediation of indoor mold that is not
312an indoor mold hazard. At a minimum, these guidelines shall require an owner to:
313 (i) Investigate and correct any underlying defect, including moisture or leak conditions,
314that are causing or may cause mold violations;
315 (ii) Remove or securely cover with plastic sheeting any furniture or other items in the
316work area that cannot be removed;
317 (iii) Minimize the dispersion of dust and debris from the work area to other parts of the
318dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the
319work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress
320pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to
321removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at
322the point of dust generation;
323 (iv) Clean mold with soap or detergent and water;
324 (v) Remove and discard materials that cannot be cleaned properly; 17 of 21
325 (vi) Properly remove and discard plastic sheeting, cleaning implements, and
326contaminated materials in sealed, heavy weight plastic bags;
327 (vii) Clean any remaining visible dust from the work area using wet cleaning methods or
328HEPA vacuuming; and
329 (viii) Leave the work area dry and visibly free from mold, dust, and debris.
330 (f) Failure of the department to issue minimum performance standards, work practices,
331and guidelines shall not excuse an owner from the remediation requirements under this section.
332 (g) If mold remediation required under subsection (b) results in the premises being
333uninhabitable, the owner shall pay for the cost of a hotel or other reasonable alternative housing
334arrangement during the mold remediation for each 24-hour period for which the premises is
335uninhabitable.
336 Section 4. Fines.
337 (a) An owner who violates any provision of this section, or the rules promulgated
338thereunder, shall be punishable by fine as follows:
339 (1) By a fine of not less than $250 nor more than $500 for each violation of section 2,
340section 3, and section 4(b), 4(c), and 4(d).
341 (2) If remediation is not completed within the required timeframe under section 4(b),
342each subsequent day until remediation is completed constitutes a separate violation under
343subsection (a)(1).
344 Section 5. Indoor Mold Assessment and Remediation Fund. 18 of 21
345 (a) There is established the Indoor Mold Assessment Fund, which shall be administered
346by the department in accordance with subsection (c) of this section.
347 (b) The Fund shall consist of the revenue from: fees collected in accordance with
348subsection (d) of section 4; fines collected in accordance with section 6; and any other money
349accepted for the benefit of the Fund.
350 (c) The Fund shall be used to meet the department’s education and research support
351obligations under section 6; and to provide financial assistance grants to low-income residents
352for the purpose of having a professional mold assessment conducted in their premises in the
353event that the owner fails to comply with the requirements in sections 2 through 4 or for small
354property owners of buildings up to nine units for the purpose of covering mold assessments and
355inspections.
356 Section 6. Education and Research Support.
357 (a) The department shall create educational materials and guidance to support owners in
358meeting their obligations under sections 2 through 4.
359 (b) The department shall promulgate a comprehensive written procedure to guide local
360boards of health and code enforcement agencies in implementing and enforcing sections 2
361through 7.
362 (c) The department shall institute an educational and publicity program, to inform the
363general public, and particularly owners, tenants, local boards of health and code enforcement
364agencies, and health services personnel, of: the dangers of mold; the causes of mold and how to 19 of 21
365identify these causes; occupant behaviors that can contribute to indoor mold growth; and
366methods for preventing and remediating mold growth.
367 (d) The department shall prioritize the use of available funding sources to fund research
368focused on the health impacts of mold and strategies for mitigating mold.
369 (e) The department shall seek comments from time to time from residents of
370environmental justice populations as defined by section 62 of chapter 30 of the general laws
371regarding mold and air quality concerns.
372 Section 7. Violations/Remedies for Injured Tenants.
373 (a) In a private cause of action, claim, or defense by a tenant against an owner for a
374violation under this Section:
375 (1) A professional indoor mold assessment finding indoor mold contamination in a
376leased premises or a common area of the property shall create a rebuttable presumption of a
377violation of the owner's obligation to maintain the premises as required under this Section and
378the State Sanitary Code. To establish the presumption, the tenant must demonstrate that the
379owner received a professional indoor mold assessment in written or electronic form that
380determined that indoor mold contamination existed in the tenant's leased premises.
381 (2) When ruling in favor of a tenant with respect to a violation of this Section or the
382State Sanitary Code based on a professional indoor mold assessment, the court shall have
383discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to
384the tenant. The court may award treble damages to a tenant when:
385 (i) The tenant discovered the indoor mold; 20 of 21
386 (ii) A professional indoor mold assessment determined that indoor mold contamination
387existed in the tenant's premises;
388 (iii) The owner received the indoor mold assessment in written or electronic form;
389 (iv) The owner did not remediate the indoor mold within the timeline required under
390section 4; and
391 (v) The court finds that the residential property owner acted in bad faith.
392 (b) The housing court department established pursuant to section 1 of chapter 211B shall
393establish a dedicated process to handle claims involving a violation of this Section or violation of
394the State Sanitary Code involving mold. This process shall include the opportunity for mediation
395prior to a hearing.
396 SECTION 12.
397 (1) Notwithstanding any special or general law, rule or regulation to the contrary the
398board of building regulations and standards shall, commencing with the next edition of the
399International Energy Conservation Code adopted after January 1, 2022 under section 94 of
400chapter 143 of the General Laws, adopt, approve, codify, and publish mandatory building
401standards:
402 (a) for mandatory building standards for the installation of air filtration systems at a
403minimum of MERV 16; and
404 (b) do not permit the installation of gas stoves for use in residential construction. 21 of 21
405 (2) In proposing and adopting standards and regulations under this section, the Board of
406Building Regulations and Standards shall actively consult with interested parties, including, but
407not limited to, the Department of Public Health and the Department of Energy Resources.