Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H2131 Compare Versions

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2	2	HOUSE DOCKET, NO. 2474 FILED ON: 1/19/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 2131
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Christine P. Barber and Mike Connolly
8	8	_________________
9	9	To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
10	10	Court assembled:
11	11	The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
12	12	An Act to improve outdoor and indoor air quality for communities burdened by pollution.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	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
17	17	HOUSE DOCKET, NO. 2474 FILED ON: 1/19/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 2131
19	19	By Representatives Barber of Somerville and Connolly of Cambridge, a petition (accompanied
20	20	by bill, House, No. 2131) of Christine P. Barber, Mike Connolly and others for legislation to
21	21	improve outdoor and indoor air quality for communities burdened by pollution. Public Health.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Third General Court
25	25	(2023-2024)
26	26	_______________
27	27	An Act to improve outdoor and indoor air quality for communities burdened by pollution.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1.
31	31	2 Chapter 111 of the Massachusetts General Laws is hereby amended by adding the
32	32	3following definitions in section 1:
33	33	4 “black carbon” shall mean those fine particles less than or equal to 2.5 micrometers in
34	34	5diameter (also known as soot).
35	35	6 “environmental justice population” shall mean the populations defined in section 62 of
36	36	7chapter 30.
37	37	8 “HEPA filtration” shall mean a high efficiency particulate arrestance filtration system
38	38	9that removes at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a
39	39	10size of 0.3-10.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20
40	40	11filter. 2 of 21
41	41	12 “MERV 16 filter” shall mean a minimum efficiency reporting value filtration system that
42	42	13removes at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size
43	43	14of 0.3-10.0 microns.
44	44	15 “particulate matter” or “particulates” shall mean a broad class of chemically and
45	45	16physically diverse substances that exist as discrete particles in air, including coarse, fine, and
46	46	17ultrafine particles.
47	47	18 “fine particulate matter” or “fine particulates” shall mean particulate matter less than or
48	48	19equal to 2.5 micrometers in diameter.
49	49	20 “ultrafine particulate matter” or “ultrafine particulates” shall mean particulate matter less
50	50	21than or equal to .1 micrometers in diameter (.1 micrometers is equivalent to 100 nanometers).
51	51	22 SECTION 2.
52	52	23 Chapter 21A of the General Laws, as appearing in the 2022 Official Edition, is hereby
53	53	24amended by inserting after section 18A, as Section 18B, the following section:
54	54	25 The department of environmental protection, in consultation with the executive office of
55	55	26energy and environmental affairs and department of environmental health, shall convene a
56	56	27technical advisory committee comprised of: residents of environmental justice populations living
57	57	28adjacent to major highways; academics with expertise in air monitoring, environmental health,
58	58	29air toxics, and air pollution; and labor representatives; for the purpose of identifying
59	59	30communities with high cumulative exposure burdens for toxic air contaminants and criteria
60	60	31pollutants. The department shall convene the technical advisory committee by December 1,
61	61	322024. The technical advisory committee shall identify the likely air pollution hotspots due to 3 of 21
62	62	33high concentrations of traffic-related air pollution throughout the Commonwealth that should be
63	63	34equipped with new or expanded air monitors and establish a definition of “air quality” and “air
64	64	35quality target pollutants” that includes, but is not limited to, consideration of criteria pollutants,
65	65	36black carbon, and ultrafine particulate matter.
66	66	37 By June 30, 2026, the department of environmental protection shall install and operate
67	67	38stationary air monitors in at least eight air pollution hotspots that measure for at least one of the
68	68	39following pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. By June 30,
69	69	402027, the department of environmental protection shall establish baseline air quality in air
70	70	41pollution hotspots. Data from the air monitors shall be publicly accessible and provide near-time
71	71	42information. The department of environmental protection shall work with residents of
72	72	43environmental justice populations to conduct participatory action research where residents can
73	73	44use mobile air sensors to expand the number of locations where residents can track air quality.
74	74	45 Once those hotspots are determined and the baseline data is established, the department
75	75	46of environmental protection shall set annual targets to decrease air quality target pollutants
76	76	47between 2026 and 2035 to improve the air quality in that location. Air monitoring data shall be
77	77	48collected every three years between 2026 and 2035 to measure progress toward achieving air
78	78	49quality target pollutants reduction targets and make such data publicly available. By December
79	79	5031, 2030, the department of environmental protection shall ensure that air pollution hotspots will
80	80	51have achieved air quality target pollutant concentrations that are at least 50 percent below the
81	81	52baseline in each hotspot and certify as such by publicly reporting compliance. By December 31,
82	82	532035, the department of environmental protection shall ensure that air quality target pollutants
83	83	54concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify
84	84	55as such by publicly reporting compliance. 4 of 21
85	85	56 The department of environmental protection, in consultation with the department of
86	86	57public health, shall promulgate regulations for conducting indoor/outdoor assessments
87	87	58monitoring exposure to ultrafine particulate matter and black carbon particulate matter
88	88	59concentrations present in the indoor air of existing and proposed buildings, based on the best
89	89	60available science about the health risks associated with ultrafine particulate matter and black
90	90	61carbon. The department of environmental protection’s regulations shall at minimum set forth
91	91	62standard procedures for conducting air dispersion modeling, managing air pollution, monitoring
92	92	63ultrafine particulate matter, and estimating exposure.
93	93	64 The provisions of this chapter may be enforced by means of an action in the superior
94	94	65court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any
95	95	66combination thereof. No such action may be commenced without the plaintiff providing written
96	96	67notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal
97	97	68action in superior court. All persons shall have standing to commence such enforcement actions.
98	98	69Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek
99	99	70relief under this section.
100	100	71 SECTION 3.
101	101	72 Section 26 of Chapter 111 shall be amended by adding the following section after the
102	102	73first paragraph:
103	103	74 Boards of health shall require the installation of air filtration in eligible buildings located
104	104	75within 200 meters of a class 1, class 2 or class 3 roadway, marine terminal, airport, or a train
105	105	76station or train yard serving diesel locomotives. Eligible buildings include: (i) existing residential
106	106	77public housing; (ii) existing residential private multifamily housing with more than two tenant- 5 of 21
107	107	78occupied units; (iii) existing public schools serving students of any age in grades kindergarten
108	108	79through twelfth grade; (iv) existing private schools serving students of any age in grades
109	109	80kindergarten through twelfth grade; (v) existing charter schools serving students of any age in
110	110	81grades kindergarten through twelfth grade; (vi) existing college and university buildings with one
111	111	82or more classrooms; (vii) existing commercial buildings with businesses that have five or more
112	112	83full-time employees; and (viii) existing correctional facilities, including prisons and jails. Boards
113	113	84of health shall require that air filtration be maintained throughout the building operation.
114	114	85 The department of environmental protection, in consultation with the department of
115	115	86public health, department of elementary and secondary education, and executive office of
116	116	87administration and finance, shall identify funding sources to provide incentives for eligible
117	117	88buildings that are schools, private housing, and public housing to cover the cost of installing air
118	118	89filtration equipment.
119	119	90 Air filtration equipment installed in eligible buildings that are schools, commercial
120	120	91buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall
121	121	92be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate
122	122	93matter as a MERV 16 filter.
123	123	94 SECTION 4.
124	124	95 Section 4A of chapter 15D of the General Laws, as so appearing, is hereby amended by
125	125	96adding the following paragraph:
126	126	97 (e) The department of early education and care shall issue a new original license for a
127	127	98school age child care program, day care center, family day care system, group care facility or
128	128	99temporary shelter facility, family day care home or large family day care home which is not a 6 of 21
129	129	100part of a family day care system, as defined in section 1A of chapter 15D of the General Laws,
130	130	101only after the applicant has:
131	131	102 (1) carried out the indoor/outdoor assessment described in section 18B of chapter 21A of
132	132	103the General Laws and the assessment results indicate the concentration of fine, ultrafine, and
133	133	104black carbon particles in indoor air is or will be mitigated to at least 80 percent below outdoor air
134	134	105concentrations; or
135	135	106 (2) installed a MERV 16 filter in mechanical ventilation system or standalone HEPA
136	136	107filtration or acceptable mitigation to be determined by the department.
137	137	108 (f) No license shall be issued until acceptable mitigation has been installed and is
138	138	109functioning.
139	139	110 SECTION 5.
140	140	111 Section 1A of chapter 40A of the General Laws, as so appearing is hereby amended by
141	141	112inserting before the definition of “permit granting authority” the following definitions:
142	142	113 “construction” shall mean new construction or rehabilitation up to 50 percent of
143	143	114assessed value.
144	144	115 “hospital” shall mean any institution in the Commonwealth of Massachusetts, however
145	145	116named, whether conducted for charity or for profit, which is advertised, announced, established
146	146	117or maintained for the purpose of caring for persons admitted thereto and staying overnight for
147	147	118diagnosis or medical, surgical or restorative treatment which is rendered within said institution;
148	148	119but shall not include clinics, day surgery centers, dialysis centers, or other such health care
149	149	120facilities which do not admit patients overnight. 7 of 21
150	150	121 “long-term care facility” shall mean any institution whether conducted for charity or
151	151	122profit which is advertised, announced or maintained for the express or implied purpose of
152	152	123providing three or more individuals admitted thereto with long-term resident, nursing,
153	153	124convalescent or rehabilitative care; supervision and care incident to old age for ambulatory
154	154	125persons; or retirement home care for elderly persons. Long-term care facility shall include
155	155	126convalescent or nursing homes, rest homes, and charitable homes for the aged.
156	156	127 “particulate matter mitigation” shall mean strategies, structural and nonstructural, that
157	157	128verifiably reduce indoor ultrafine particle levels by 80 percent, relative to outdoor levels.
158	158	129 “publicly funded” shall mean any entity or institution which receives federal, state or
159	159	130municipal monies, grants, and/or subsidies.
160	160	131 “publicly subsidized” shall mean any project receiving any form of direct funding, loan,
161	161	132loan guarantee, tax credit, TIF funding, publicly bonded funds, or property tax incentives, issued
162	162	133or granted by any public or quasi-public entity.
163	163	134 “school” shall mean any public or private institution primarily engaged in the education
164	164	135of persons aged 18 years and younger. This definition does not include institutions of higher
165	165	136education.
166	166	137 SECTION 6.
167	167	138 Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by
168	168	139inserting the following paragraphs after section (r):
169	169	140 (s) No permit granting authority shall grant a building permit for any proposed residential
170	170	141development, hospital, school, long-term care facility, school aged child care program, day care 8 of 21
171	171	142center, family day care home or large family day care home which is not a part of a family day
172	172	143care system, family day care system, or group care facility or temporary shelter facility as
173	173	144defined in section 1A of chapter 15D of the General Laws unless:
174	174	145 (a) the owner or applicant carries out an indoor/outdoor particulates assessment
175	175	146consistent with the regulations adopted pursuant to section 18B of chapter 21A of the General
176	176	147Laws, and the assessment results indicate that the concentration of ultrafine particulate matter
177	177	148and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
178	178	149 (b) the owner or applicant has installed a MERV 16 filter in the building’s mechanical
179	179	150ventilation system.
180	180	151 SECTION 7.
181	181	152 Subsection a of section 6 of chapter 70B of the General Laws, as so appearing, is hereby
182	182	153amended by inserting after subparagraph (6) the following paragraph:
183	183	154 (7) If the school project includes structures, apart from parking structures and accessory
184	184	155structures, as defined in Section 21 of Chapter 17 of the General Laws or a train station or train
185	185	156yard serving diesel locomotives, the applicant shall:
186	186	157 (a) carry out the indoor/outdoor particulates assessment described in section 18B of
187	187	158chapter 21A of the General Laws and the assessment results indicate that the concentration of
188	188	159ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below
189	189	160outdoor concentrations; or
190	190	161 (b) install a MERV 16 filter in the mechanical ventilation system or standalone HEPA
191	191	162filtration or acceptable mitigation to be determined by the department. 9 of 21
192	192	163 SECTION 8.
193	193	164 Section 51 of Chapter 111 of the General Laws, as so appearing, is hereby amended by
194	194	165inserting after the second paragraph the following paragraph:
195	195	166 No original license shall be issued to establish a hospital so as to place structures
196	196	167inhabited by patients unless the developer:
197	197	168 (1)has carried out the indoor/outdoor particulates assessment described in section
198	198	16918B of chapter 21A of the General Laws and the assessment results indicate that indoor ultrafine
199	199	170particulate matter and black carbon levels are or will be mitigated to at least 80 percent below
200	200	171that of outdoor levels. In the case of a facility previously licensed as a hospital in which there is
201	201	172only a change in ownership, no such particulates assessment shall be required, in the absence of
202	202	173expansions or new construction; or
203	203	174 (2)has installed a MERV 16 filter in the mechanical ventilation system or standalone
204	204	175HEPA filtration or acceptable mitigation to be determined by the department.
205	205	176 SECTION 9.
206	206	177 Section 71 of Chapter 111 of the General Laws, as so appearing, is hereby amended by
207	207	178inserting after the second paragraph the following paragraph:
208	208	179 No original license shall be issued to establish a convalescent or nursing home, rest
209	209	180home or charitable home for the aged so as to place residential structures unless the developer:
210	210	181 (1)has carried out the particulates assessment described in section 18B of chapter
211	211	18221A of the General Laws and the assessment results indicate indoor ultrafine particulate matter
212	212	183and black carbon levels are or will be mitigated to at least 80 percent below those of outdoor 10 of 21
213	213	184levels. In the case of a facility previously licensed in which there is only a change in ownership,
214	214	185no such health risk assessment shall be required, in the absence of expansion or new
215	215	186construction; or
216	216	187 (2)has installed a MERV 16 filter in the mechanical ventilation system or standalone
217	217	188HEPA filtration or acceptable mitigation to be determined by the department.
218	218	189 SECTION 10.
219	219	190 Section 1 of chapter 111 of the General Laws is hereby amended by inserting the
220	220	191following definitions:
221	221	192 “Indoor mold,” visible living or dead fungi or related products or parts, including
222	222	193spores, hyphae, and mycotoxins, on an interior surface of a building, including common spaces,
223	223	194utility spaces, HVAC, or other systems.
224	224	195 “Indoor mold assessment,” an indoor mold assessment conducted by an indoor mold
225	225	196remediation professional.
226	226	197 “Indoor mold hazard,” indoor mold growth of ten square feet (10 ft.2) or more in an
227	227	198affected area.
228	228	199 “Owner,” as provided in section 189A of chapter 111.
229	229	200 “Premises,” any residential premises, dwelling unit, or residential property.
230	230	201 SECTION 11.
231	231	202 Section 127A of chapter 111 shall be amended to add the following section after the
232	232	203second paragraph: 11 of 21
233	233	204 Section 1.
234	234	205 (a) An owner leasing a premises shall notify tenants of the premises and prospective
235	235	206tenants who are about to enter an agreement to rent the premises about the hazards of indoor
236	236	207mold as follows:
237	237	208 (1)The department shall, by July 1, 2024, prepare a standard notification brochure
238	238	209and such other materials as may be necessary to inform occupants and owners about the hazards
239	239	210associated with indoor mold; measures which can be taken by occupants and owners to reduce
240	240	211the risk of indoor mold; and tenants’ rights and owners’ obligations pursuant to sections 127A,
241	241	212127B, and 127C of chapter 111, inclusive, and regulations promulgated thereunder. Such
242	242	213materials shall also describe the need for tenants to promptly notify owners of the appearance of
243	243	214indoor mold. The department shall produce these materials in multiple languages other than
244	244	215English to accommodate the diverse multicultural population of Massachusetts.
245	245	216 (2) The department shall, by July 1, 2024, prepare a disclosure form for owners to
246	246	217provide the following notice to tenants and prospective tenants:
247	247	218 (i) Prior violations of the State Sanitary Code involving indoor mold or moisture,
248	248	219within the past three years; and
249	249	220 (ii) Current instances of indoor mold on the premises, of which the owner knows, or
250	250	221has reasonable cause to believe exist.
251	251	222 (3) Effective August 1, 2025, prior to entering into a tenancy agreement, the owner of a
252	252	223premises, or such other person to whom rent is to be regularly paid, shall provide any prospective 12 of 21
253	253	224tenant who is about to enter such an agreement to rent the premises with, and the prospective
254	254	225tenant shall sign prior to entering into a tenancy agreement:
255	255	226 (i) A copy of the materials specified in subsection (1);
256	256	227 (ii) A written disclosure on the form specified in subsection (2) regarding any existing
257	257	228indoor mold on the premises, when the owner knows, or has reasonable cause to believe, that
258	258	229such indoor mold is present.
259	259	230 (4) Effective August 1, 2025, prior to any renewal of an existing tenancy agreement, the
260	260	231owner of premises, or such other person to whom rent is to be regularly paid, shall provide the
261	261	232tenant with the materials specified in subsection (3).
262	262	233 (b) All persons selling a premises shall, prior to the signing of a purchase and sale
263	263	234agreement, provide the prospective purchaser with the materials specified in subsection (3). The
264	264	235prospective purchaser shall sign these materials prior to the signing of a purchase and sale
265	265	236agreement. The department may adapt these materials as appropriate for the context of real estate
266	266	237purchases.
267	267	238 Section 2. Inspection Requirements.
268	268	239 (a) Notwithstanding sections 3(b) and 4, an owner shall inspect or hire a third party to
269	269	240inspect for indoor mold in all occupied premises and in common areas at least once a year
270	270	241between the months of June and August and more often, if necessary, such as when, in the
271	271	242exercise of reasonable care, an owner knows or should have known of a condition that is
272	272	243reasonably foreseeable to cause indoor mold, or an occupant makes a complaint concerning a 13 of 21
273	273	244condition that is likely to cause indoor mold or requests an inspection, or the department issues a
274	274	245notice of violation or orders the correction of a violation that is likely to cause indoor mold.
275	275	246 (b) An owner who receives written or electronic notice from a tenant that indoor mold or
276	276	247suspected indoor mold exists in the premises or in a common area of the property shall inspect
277	277	248the property within five (5) calendar days.
278	278	249 (c) An owner who conducts or provides for an inspection under subsections (a) and (b)
279	279	250within five (5) calendar days of such inspection shall:
280	280	251 (1) Provide written, in the form of paper or electronic, notice to the tenant that states:
281	281	252 (i) That the owner inspected the apartment for indoor mold; and
282	282	253 (ii) Whether the owner found indoor mold and, if so, whether the indoor mold constitutes
283	283	254an indoor mold hazard.
284	284	255 (2) Report to the local board of health:
285	285	256 (i) The information specified under subsection (c)(1), provided the inspection is an
286	286	257annual inspection required under subsection (a), or any other inspection where the inspection
287	287	258reveals an indoor mold hazard.
288	288	259 (ii) The receipt of any written or electronic complaint from the tenant regarding indoor
289	289	260mold or suspected indoor mold.
290	290	261 (d) Local boards of health will keep a record of, and make public, the information
291	291	262received under subsection (c)(2) through a publicly accessible online database.
292	292	263 Section 3. Remediation Requirements. 14 of 21
293	293	264 (a) The presence of indoor mold in a leased premises constitutes a violation of the State
294	294	265Sanitary Code. Owners of leased premises shall take reasonable measures to keep such premises
295	295	266free from indoor mold and from any condition conducive to indoor mold and shall take
296	296	267reasonable measures to prevent the reasonably foreseeable occurrence of such conditions and
297	297	268shall expeditiously take reasonable measures to remediate such conditions and any underlying
298	298	269defect, when such underlying defect exists, consistent with this section and the rules promulgated
299	299	270thereunder.
300	300	271 (b) If an inspection or examination as provided for in section 3 or the State Sanitary Code
301	301	272reveals the presence of indoor mold, the owner shall:
302	302	273 (1) Cause the indoor mold to be remediated in accordance with subsections (c) or (d), as
303	303	274applicable;
304	304	275 (2) Begin necessary remediation or contract in writing with a third party within five (5)
305	305	276days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the
306	306	277State Sanitary Code, unless a shorter timeframe is ordered by the local board of health; and
307	307	278 (3) Make a good faith effort to substantially correct all violations within thirty (30) days
308	308	279of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State
309	309	280Sanitary Code, unless a shorter timeframe is ordered by a local board of health.
310	310	281 (c) If remediation of indoor mold is required under subsection (b) and the indoor mold is
311	311	282not an indoor mold hazard, the owner shall:
312	312	283 (1) Remediate the indoor mold in accordance with the guidelines established under
313	313	284subsection (e)(2); and 15 of 21
314	314	285 (2) Within five (5) days of the completed remediation of the indoor mold:
315	315	286 (i) Provide written or electronic notice to the tenant stating that the indoor mold is
316	316	287remediated; and
317	317	288 (ii) Report to the local board of health that the indoor mold is remediated. Local boards of
318	318	289health will keep a record of, and make public, this report.
319	319	290 (d) If remediation of indoor mold is required under subsection (b) and the indoor mold is
320	320	291an indoor mold hazard, the owner shall:
321	321	292 (1) Cause an indoor mold remediation professional to remediate the indoor mold hazard.
322	322	293The indoor mold remediation professional shall remediate the indoor mold hazard in accordance
323	323	294with the performance standards and work practices established under subsection (e)(1); and
324	324	295 (2) Within five (5) days of the completed remediation of the indoor mold:
325	325	296 (i) Provide written or electronic notice to the tenant stating that the indoor mold is
326	326	297remediated; and
327	327	298 (ii) Inform the local board of health of the violation and request an inspection following
328	328	299the remediation, provided that the local board of health is not aware of the violation and does not
329	329	300plan to conduct a follow-up inspection pursuant to the State Sanitary Code. Local boards of
330	330	301health will keep a record of, and make public, this report, through a publicly accessible online
331	331	302database.
332	332	303 (e) Consistent with applicable U.S. Environmental Protection Agency or U.S.
333	333	304Department of Labor, Occupational Safety and Health Administration guidelines and regulations 16 of 21
334	334	305relating to the assessment and remediation of mold, within one year of the effective date the
335	335	306department shall:
336	336	307 (1) Establish minimum performance standards and work practices for conducting
337	337	308professional indoor mold remediation in Massachusetts, including the use of a moisture meter
338	338	309before and following remediation to ensure that moisture levels for building materials are at
339	339	310appropriate levels as determined by the department.
340	340	311 (2) Establish guidelines for the safe and effective remediation of indoor mold that is not
341	341	312an indoor mold hazard. At a minimum, these guidelines shall require an owner to:
342	342	313 (i) Investigate and correct any underlying defect, including moisture or leak conditions,
343	343	314that are causing or may cause mold violations;
344	344	315 (ii) Remove or securely cover with plastic sheeting any furniture or other items in the
345	345	316work area that cannot be removed;
346	346	317 (iii) Minimize the dispersion of dust and debris from the work area to other parts of the
347	347	318dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the
348	348	319work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress
349	349	320pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to
350	350	321removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at
351	351	322the point of dust generation;
352	352	323 (iv) Clean mold with soap or detergent and water;
353	353	324 (v) Remove and discard materials that cannot be cleaned properly; 17 of 21
354	354	325 (vi) Properly remove and discard plastic sheeting, cleaning implements, and
355	355	326contaminated materials in sealed, heavy weight plastic bags;
356	356	327 (vii) Clean any remaining visible dust from the work area using wet cleaning methods or
357	357	328HEPA vacuuming; and
358	358	329 (viii) Leave the work area dry and visibly free from mold, dust, and debris.
359	359	330 (f) Failure of the department to issue minimum performance standards, work practices,
360	360	331and guidelines shall not excuse an owner from the remediation requirements under this section.
361	361	332 (g) If mold remediation required under subsection (b) results in the premises being
362	362	333uninhabitable, the owner shall pay for the cost of a hotel or other reasonable alternative housing
363	363	334arrangement during the mold remediation for each 24-hour period for which the premises is
364	364	335uninhabitable.
365	365	336 Section 4. Fines.
366	366	337 (a) An owner who violates any provision of this section, or the rules promulgated
367	367	338thereunder, shall be punishable by fine as follows:
368	368	339 (1) By a fine of not less than $250 nor more than $500 for each violation of section 2,
369	369	340section 3, and section 4(b), 4(c), and 4(d).
370	370	341 (2) If remediation is not completed within the required timeframe under section 4(b),
371	371	342each subsequent day until remediation is completed constitutes a separate violation under
372	372	343subsection (a)(1).
373	373	344 Section 5. Indoor Mold Assessment and Remediation Fund. 18 of 21
374	374	345 (a) There is established the Indoor Mold Assessment Fund, which shall be administered
375	375	346by the department in accordance with subsection (c) of this section.
376	376	347 (b) The Fund shall consist of the revenue from: fees collected in accordance with
377	377	348subsection (d) of section 4; fines collected in accordance with section 6; and any other money
378	378	349accepted for the benefit of the Fund.
379	379	350 (c) The Fund shall be used to meet the department’s education and research support
380	380	351obligations under section 6; and to provide financial assistance grants to low-income residents
381	381	352for the purpose of having a professional mold assessment conducted in their premises in the
382	382	353event that the owner fails to comply with the requirements in sections 2 through 4 or for small
383	383	354property owners of buildings up to nine units for the purpose of covering mold assessments and
384	384	355inspections.
385	385	356 Section 6. Education and Research Support.
386	386	357 (a) The department shall create educational materials and guidance to support owners in
387	387	358meeting their obligations under sections 2 through 4.
388	388	359 (b) The department shall promulgate a comprehensive written procedure to guide local
389	389	360boards of health and code enforcement agencies in implementing and enforcing sections 2
390	390	361through 7.
391	391	362 (c) The department shall institute an educational and publicity program, to inform the
392	392	363general public, and particularly owners, tenants, local boards of health and code enforcement
393	393	364agencies, and health services personnel, of: the dangers of mold; the causes of mold and how to 19 of 21
394	394	365identify these causes; occupant behaviors that can contribute to indoor mold growth; and
395	395	366methods for preventing and remediating mold growth.
396	396	367 (d) The department shall prioritize the use of available funding sources to fund research
397	397	368focused on the health impacts of mold and strategies for mitigating mold.
398	398	369 (e) The department shall seek comments from time to time from residents of
399	399	370environmental justice populations as defined by section 62 of chapter 30 of the general laws
400	400	371regarding mold and air quality concerns.
401	401	372 Section 7. Violations/Remedies for Injured Tenants.
402	402	373 (a) In a private cause of action, claim, or defense by a tenant against an owner for a
403	403	374violation under this Section:
404	404	375 (1) A professional indoor mold assessment finding indoor mold contamination in a
405	405	376leased premises or a common area of the property shall create a rebuttable presumption of a
406	406	377violation of the owner's obligation to maintain the premises as required under this Section and
407	407	378the State Sanitary Code. To establish the presumption, the tenant must demonstrate that the
408	408	379owner received a professional indoor mold assessment in written or electronic form that
409	409	380determined that indoor mold contamination existed in the tenant's leased premises.
410	410	381 (2) When ruling in favor of a tenant with respect to a violation of this Section or the
411	411	382State Sanitary Code based on a professional indoor mold assessment, the court shall have
412	412	383discretion to reimburse indoor mold assessment costs and award attorney fees and court costs to
413	413	384the tenant. The court may award treble damages to a tenant when:
414	414	385 (i) The tenant discovered the indoor mold; 20 of 21
415	415	386 (ii) A professional indoor mold assessment determined that indoor mold contamination
416	416	387existed in the tenant's premises;
417	417	388 (iii) The owner received the indoor mold assessment in written or electronic form;
418	418	389 (iv) The owner did not remediate the indoor mold within the timeline required under
419	419	390section 4; and
420	420	391 (v) The court finds that the residential property owner acted in bad faith.
421	421	392 (b) The housing court department established pursuant to section 1 of chapter 211B shall
422	422	393establish a dedicated process to handle claims involving a violation of this Section or violation of
423	423	394the State Sanitary Code involving mold. This process shall include the opportunity for mediation
424	424	395prior to a hearing.
425	425	396 SECTION 12.
426	426	397 (1) Notwithstanding any special or general law, rule or regulation to the contrary the
427	427	398board of building regulations and standards shall, commencing with the next edition of the
428	428	399International Energy Conservation Code adopted after January 1, 2022 under section 94 of
429	429	400chapter 143 of the General Laws, adopt, approve, codify, and publish mandatory building
430	430	401standards:
431	431	402 (a) for mandatory building standards for the installation of air filtration systems at a
432	432	403minimum of MERV 16; and
433	433	404 (b) do not permit the installation of gas stoves for use in residential construction. 21 of 21
434	434	405 (2) In proposing and adopting standards and regulations under this section, the Board of
435	435	406Building Regulations and Standards shall actively consult with interested parties, including, but
436	436	407not limited to, the Department of Public Health and the Department of Energy Resources.