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HOUSE DOCKET, NO. 1811 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2258
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
David M. Rogers and Steven Owens
_________________
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 relative to improving asthma in schools.
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PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:David M. Rogers24th Middlesex1/18/2023Steven Owens29th Middlesex1/18/2023Rebecca L. RauschNorfolk, Worcester and Middlesex1/24/2023Rodney M. Elliott16th Middlesex2/23/2023 1 of 5
HOUSE DOCKET, NO. 1811 FILED ON: 1/18/2023
HOUSE . . . . . . . . . . . . . . . No. 2258
By Representatives Rogers of Cambridge and Owens of Watertown, a petition (accompanied by
bill, House, No. 2258) of David M. Rogers, Steven Owens and others relative to improving
environmental conditions to reduce asthma in schools. Public Health.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE HOUSE, NO. 2393 OF 2021-2022.]
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to improving asthma in schools.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
of the same, as follows:
1 Chapter 111 of the General Laws, as appearing in the 2020 Official Edition, is hereby
2amended by inserting after section 5S the following section:-
3 Section 5T. (a) As used in this section, the following words shall, unless the context
4clearly indicates otherwise, have the following meanings:-
5 “Cleaning product”, a product intended for use for routine cleaning, including but not
6limited to general purpose and all-purpose cleaners, glass, carpet, and bathroom cleaners,
7appliance cleaners, and floor and carpet care products (cleaner, finisher, polisher, and stripper);
8but shall not apply to disinfectants or sanitizers regulated by the United States Environmental
9Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C. 2 of 5
10section 136 et seq. or as required by other federal or state regulations or antimicrobial hand soaps
11regulated by the Food and Drug Administration.
12 "Department", department of public health.
13 “Environmentally preferable products and services”, cleaning products or services that
14perform effectively and have a lesser or reduced effect on human health and the environment
15when compared to competing products or services that serve the same purpose.
16 “Environmentally preferable purchasing criteria”, standards for evaluating products that
17have been established by reputable third-party certifying organizations as specified by the
18operational services division in the commonwealth’s statewide contract for environmentally
19preferable cleaning products, programs, equipment, and supplies. The department shall rely on
20multiple third-party certifying organizations, including, at a minimum, the United States
21Environmental Protection Agency’s Design for the Environment (DfE) program, the United
22States Environmental Protection Agency’s Safer Choice program, EcoLogo, and GreenSeal.
23 "HEPA vacuums", a high-efficiency particulate air filter vacuuming device.
24 “Public school”, an elementary, secondary, high, charter or innovation school operated by
25a public school district or board of trustees pursuant to chapter 71.
26 (b) (1) The department shall recommend a public school with a pediatric asthma
27prevalence of 20 per cent or higher, or the highest quartile of pediatric asthma prevalence, to
28develop an indoor air quality management plan that describes the measures to be taken to
29provide good and improved indoor air quality to reduce the levels of indoor air pollutants
30through preventive measures to promote a comfortable and healthy learning and working 3 of 5
31environment; plan objectives may include, but are not limited to: (i) routine maintenance
32activities; (ii) periodic building evaluations and inspections; (iii) maintenance of adequate air
33exchanges by repairing and maintaining ventilation equipment; and (iv) effectively
34communicating corrective steps to all interested parties. Any indoor air quality management plan
35shall include the use of HEPA vacuums which shall be specified in any cleaning contract entered
36into by a public school for the purposes of implementing the air quality management plan.
37 (2) A public school under this subsection shall be recommended to create an
38environmental health committee that shall consist of the school superintendent or designee,
39school superintendent assistant or designee, the facilities or custodial director or designee, the
40indoor integrated pest management coordinator or designee, a school nurse, a teacher, and a
41parent; provided that the committee may consist of other health professionals, local government
42agencies, community organizations, asthma coalitions, and others as appropriate in the
43assessment of current conditions and operations and in the development of strategies to improve
44indoor asthma triggers in schools and to protect the health of students, faculty, and staff. The
45committee shall be trained with expertise to assess current school building conditions and
46operations. The committee shall develop an indoor air quality management plan to improve
47indoor asthma triggers in schools and to protect the health of students, faculty, and staff. The
48committee shall sponsor activities to engage the school and community to raise awareness of the
49importance of asthma and environmental triggers. The committee may secure financial assistance
50through grants or other revenue sources to address environmental concerns. The department shall
51develop a school indoor air quality training program to educate the committee members on how
52to identify problems, develop methods to improve indoor air quality, and implement an indoor
53air quality management plan. The objectives of any air quality management plan developed by 4 of 5
54the committee may include but are not limited to (i) routine maintenance activities; (ii) periodic
55building evaluations and inspections; (iii) maintenance of adequate air exchanges by repairing
56and maintaining ventilation equipment; and (iv) effectively communicating corrective steps to all
57interested parties. Any indoor air quality management plan developed by the committee shall
58include the use of HEPA vacuums which shall be specified in any cleaning contract entered into
59by a public school for the purposes of implementing the air quality management plan.
60 (c) (1) Beginning September 1, 2024, cleaning products shall not be used in any public
61school unless the cleaning product meets environmentally preferable purchasing criteria. A
62public school may purchase environmentally preferable products and services through statewide
63contract vendors or through outside vendors; provided that such vendor meets environmentally
64preferable purchasing criteria.
65 (2) A public school under this subsection shall report environmentally preferable cleaning
66products and services purchased to the department, including but not limited to vendor,
67manufacturer name, and product name.
68 (3) An individual who attends or works in a public school who experiences adverse
69health effects from allergic or hypersensitivity reaction from exposure to the environmentally
70preferable products and services in use pursuant to this section may request, and the facility may
71utilize, other suitable materials as determined by the individual and provided by the facility. The
72request shall be placed in writing and a copy shall be sent to the commissioner.
73 (4) The department shall recommend a public school with a pediatric asthma prevalence
74of 20 per cent or higher, or the highest quartile of pediatric asthma prevalence, to purchase 5 of 5
75environmentally preferable cleaning products and services that are approved by the United States
76Environmental Protection Agency.
77 (d) The superintendent or designee, facilities/custodial director or designee, indoor
78integrated pest management coordinator or designee, and janitorial staff shall be trained in the
79use of environmentally preferable products and services prior to implementation of this section
80in a public school. Vendors of environmentally preferable products and services that are not
81contracted with the state but are purchased by a public school shall have trained staff and
82necessary tools for such training.