Massachusetts 2023-2024 Regular Session

Massachusetts House Bill H3691 Compare Versions

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2	2	HOUSE DOCKET, NO. 3802 FILED ON: 1/20/2023
3	3	HOUSE . . . . . . . . . . . . . . . No. 3691
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 relative to healthy and sustainable schools.
13	13	_______________
14	14	PETITION OF:
15	15	NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/20/2023Sean Garballey23rd Middlesex1/20/2023Peter Capano11th Essex1/23/2023James C. Arena-DeRosa8th Middlesex2/6/2023Lindsay N. Sabadosa1st Hampshire2/6/2023David Paul Linsky5th Middlesex2/7/2023Christopher Hendricks11th Bristol2/7/2023William C. Galvin6th Norfolk2/7/2023James K. Hawkins2nd Bristol2/7/2023Patricia A. Duffy5th Hampden2/8/2023Jack Patrick Lewis7th Middlesex2/8/2023Thomas M. Stanley9th Middlesex2/8/2023Tackey Chan2nd Norfolk2/9/2023Vanna Howard17th Middlesex2/9/2023James J. O'Day14th Worcester2/9/2023Margaret R. Scarsdale1st Middlesex2/10/2023Steven Owens29th Middlesex2/13/2023Samantha Montaño15th Suffolk2/16/2023 2 of 2
16	16	Patrick Joseph Kearney4th Plymouth2/16/2023Brian W. Murray10th Worcester2/16/2023Paul McMurtry11th Norfolk2/20/2023Erika Uyterhoeven27th Middlesex2/22/2023Adrianne Pusateri Ramos14th Essex3/1/2023Kevin G. Honan17th Suffolk3/14/2023Natalie M. Higgins4th Worcester3/16/2023 1 of 10
17	17	HOUSE DOCKET, NO. 3802 FILED ON: 1/20/2023
18	18	HOUSE . . . . . . . . . . . . . . . No. 3691
19	19	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3691) of
20	20	Marjorie C. Decker and others relative to energy assessments and energy efficiency
21	21	improvements at schools and public institutions of higher education. Telecommunications,
22	22	Utilities and Energy.
23	23	The Commonwealth of Massachusetts
24	24	_______________
25	25	In the One Hundred and Ninety-Third General Court
26	26	(2023-2024)
27	27	_______________
28	28	An Act relative to healthy and sustainable schools.
29	29	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
30	30	of the same, as follows:
31	31	1 SECTION 1. Chapter 25A of the General Laws is hereby amended by adding the
32	32	2following section:
33	33	3 Section 20(A): An Act Relative to Healthy and Sustainable Schools Preamble
34	34	4 a. The Massachusetts General Court finds and declares that:
35	35	5 (i) Whereas building decarbonization is crucial to meeting international, national, and
36	36	6state climate goals and must be rapidly scaled to meet the growing climate crisis.
37	37	7 (ii) Whereas buildings account for 34 percent of Massachusetts emissions.
38	38	8 (ii) Whereas Massachusetts public institutions of higher education, municipally-owned
39	39	9institutions of higher education, and public elementary and secondary schools account for
40	40	10228,000,000 SQ FT of public building space. 2 of 10
41	41	11 (iii) Whereas Massachusetts public institutions of higher education, municipally-owned
42	42	12institutions of higher education, and public elementary and secondary school students and
43	43	13employees are already facing existing and expanding climate risks including: extreme weather,
44	44	14heatwaves, and flooding. With 68 schools expected to be affected by sea level rise.
45	45	15 (iv) Whereas Massachusetts public institutions of higher education, municipally-owned
46	46	16institutions of higher education, and public elementary and secondary schools use an estimate of
47	47	174,503,680,671.2 KWH of energy each year and K-12 schools spending $628,597,062.21
48	48	18annually.
49	49	19 (v) Whereas the Massachusetts Building Authority has periodically conducted a School
50	50	20Survey on building conditions in K-12 public schools.
51	51	21 (vi) Whereas 102,788 KW of solar energy are already installed on Massachusetts public
52	52	22institutions of higher education, municipally-owned institutions of higher education, and public
53	53	23elementary and secondary schools with an estimated additional 1,317,604 KW of renewable
54	54	24energy to be needed to power these educational buildings after deep retrofits are completed.
55	55	25 (vii) Where for every $1 million invested an estimated 3.8 solar direct jobs and 4.7
56	56	26retrofitting direct jobs are expected to be created with over 40,000 direct jobs estimated to be
57	57	27created from investment into decarbonization of schools.
58	58	28 (viii) Whereas 12.9 percent of children in Massachusetts currently have asthma and there
59	59	29is overlap with schools with the highest building condition issues and asthma rates in Boston. 3 of 10
60	60	30 (ix) Whereas the State has set forth a goal that public institutions of higher education,
61	61	31municipally-owned institutions of higher education, and public elementary and secondary
62	62	32schools be carbon-free in their energy by 2033.
63	63	33 SECTION 2. Chapter 25A of the General Laws is hereby further amended by adding the
64	64	34following section:
65	65	35 Section 20(B) An Act Relative to Healthy and Sustainable Schools Definitions
66	66	36 For the purpose of this statute, the following definitions apply:
67	67	37 (a) As used in this legislation, the term “energy audit” refers to an investment-grade
68	68	38study of a school that yields recommendations on energy efficiency improvements and
69	69	39renewable energy systems to install on or nearby school properties. Energy audits shall estimate
70	70	40the costs, savings, and greenhouse gas reductions from implementing the recommendations and
71	71	41shall include a list of financing options, including federal, state, and local funding sources.
72	72	42Energy audits shall also include, but not be limited to, mechanical insulation evaluation and
73	73	43inspection of the building envelope(s).
74	74	44 (b) As used in this legislation, the term “energy efficiency improvements” refers to any
75	75	45improvement, repair, alteration, or betterment of any building or facility, subject to all applicable
76	76	46building codes, owned or operated by a public institution of higher education, municipally-
77	77	47owned institution of higher education, and public elementary and secondary school or any
78	78	48equipment, fixture, or furnishing to be added to or used in any such building or facility that is
79	79	49designed to reduce energy consumption. Energy efficiency improvements include, but are not
80	80	50limited to: adding square footage to existing school facilities; building envelope improvements;
81	81	51heating, ventilating, and cooling upgrades; lighting retrofits; installing or upgrading an energy 4 of 10
82	82	52management system; motor, pump, or fan replacements; domestic water use reductions;
83	83	53information technology improvements associated with an energy conservation improvement to
84	84	54school facilities; mechanical insulation; municipal utility improvements associated with an
85	85	55energy conservation improvement to school facilities; and upgrading other energy consuming
86	86	56equipment or appliances
87	87	57 (c) As used in this legislation, the term “environmental justice communities” refers to a
88	88	58population with an annual median household income of not more than 65 per cent of the
89	89	59statewide median income or with a segment of the population that consists of residents that is not
90	90	60less than 25 per cent minority, foreign born or lacking in English language proficiency based on
91	91	61the most recent United States census.
92	92	62 (d) As used in this legislation, the term “historically marginalized communities” refers to
93	93	63a community that has historically suffered from discrimination and has not had equal access to
94	94	64public or private economic benefits due to the race, ethnicity, gender, geography, language
95	95	65preference, immigrant or citizen status, sexual orientation, gender identity, socioeconomic status,
96	96	66or disability status of its members.
97	97	67 (d) As used in this legislation, the term “Office” refers to the Healthy and Sustainable
98	98	68Schools Office.
99	99	69 (e) As used in this legislation, the term “renewable energy systems” refers to energy
100	100	70generated from any source that qualifies as a Class I or Class II renewable energy source under
101	101	71sections 11F of chapter 25A. 5 of 10
102	102	72 (f) As used in this legislation, the term “School Building Authorities” refers to the
103	103	73Massachusetts School Building Authority, University of Massachusetts Building Authority, and
104	104	74Massachusetts State College Building Authority.
105	105	75 SECTION 3.Chapter 25A of the General Laws is hereby further amended by adding the
106	106	76following section:
107	107	77 Section 20(C): An Act Relative to Healthy and Sustainable Schools Act
108	108	78 (a) All public institutions of higher education, municipally-owned institutions of higher
109	109	79education, and public elementary and secondary schools shall receive Energy audits. Energy
110	110	80audits shall be provided to schools at no cost. Energy audits shall be performed within 24 months
111	111	81after the effective date of this Act.
112	112	82 (b) Energy audits shall be prioritized for all public institutions of higher education,
113	113	83municipally-owned institutions of higher education, and public elementary and secondary
114	114	84schools located in environmental justice communities.
115	115	85 (c) Public institutions of higher education, municipally-owned institutions of higher
116	116	86education, and public elementary and secondary schools that are located in environmental justice
117	117	87communities shall receive priority for any energy efficiency improvements or installations of
118	118	88renewable energy systems that are authorized under this act.
119	119	89 SECTION 4. Chapter 25A of the General Laws is hereby further amended by adding the
120	120	90following section:
121	121	91 Section 20(D): An Act Relative to Healthy and Sustainable Schools- Healthy and
122	122	92Sustainable Schools Office 6 of 10
123	123	93 (a) In the department of energy resources within the executive office of energy and
124	124	94environmental affairs, there shall be a Healthy and Sustainable Schools Office. The Office shall
125	125	95carry out its duties and responsibilities in coordination with School Building Authorities.
126	126	96 (b) The Office shall have a director appointed by the Governor; two members appointed
127	127	97by the State Senate, one of whom shall be a representative of organized labor; and two members
128	128	98appointed by the Assembly, one of whom shall be a representative of organized labor. The
129	129	99Office shall employ architects, consulting engineers, attorneys, construction, financial and other
130	130	100experts, superintendents, managers, and such other employees and agents as may be necessary in
131	131	101its judgment.
132	132	102 (c) The Office shall conduct energy audits at all public institutions of higher education,
133	133	103municipally-owned institutions of higher education, and public elementary and secondary
134	134	104schools. Energy audits shall be prioritized for public institutions of higher education,
135	135	105municipally-owned institutions of higher education, and public elementary and secondary
136	136	106schools located in environmental justice communities.
137	137	107 (d) The results of each energy audit shall be memorialized by the Office and shall be
138	138	108provided to the applicable school and School Building Authorities. The Office shall retain a copy
139	139	109of each energy audit and promptly make the results available for public inspection on its website.
140	140	110Any information sensitive to school safety and security shall be redacted before being made
141	141	111public.
142	142	112 (e) The Office shall facilitate implementing recommended energy efficiency
143	143	113improvements and installing renewable energy systems on or nearby school property. The Office
144	144	114is authorized and encouraged to aggregate projects to maximize efficiency, including but not 7 of 10
145	145	115limited to negotiating bulk purchases of renewable energy and energy efficiency equipment,
146	146	116energy audits, and installation services. The Office shall prioritize installing energy efficiency
147	147	117improvements and renewable energy systems at schools located in environmental justice
148	148	118communities.
149	149	119 (f) Third party contractors shall be prohibited from performing both energy audits and
150	150	120installing energy efficiency improvements and renewable energy systems at the same school.
151	151	121 (g) The Office shall seek public input from stakeholders, including but not limited to
152	152	122school boards, labor union representatives, and community representatives when implementing
153	153	123recommended energy efficiency improvements and installing renewable energy systems.
154	154	124 (h) The Office is authorized to make and enter into all contracts and agreements
155	155	125necessary or incidental to the performance of its duties and the execution of its powers under this
156	156	126act.
157	157	127 (i) The office shall ensure that contractors and subcontractors of all tiers engaging in the
158	158	128construction and installation of energy efficiency improvements and renewable energy systems
159	159	129submit sworn certifications as part of the bidding process that the firm will:
160	160	130 (1) Provide documentation of its participation in State or Federally registered
161	161	131apprenticeship training program(s) for each trade in which it employs craft workers.
162	162	132 (2) Ensure that each employee on the project will be paid, at minimum, wages and
163	163	133benefits that are not less than the prevailing wage and fringe benefits rates as prescribed in
164	164	134sections 26 through 27D of Chapter 149, for the corresponding classification in which the
165	165	135employee is employed. 8 of 10
166	166	136 (3) Comply with the Commonwealth’s public bidding laws, including G.L. c. 149, s.
167	167	13744A, c. 149A, s.8, and c. 30, s. 39M, as applicable.
168	168	138 (4) Comply with all other Federal, State, and Local laws.
169	169	139 (5) Prioritize hiring residents from environmental justice communities and members of
170	170	140historically marginalized communities.
171	171	141 (6) Comply with all State and Local hiring goals for women, minorities, and veterans.
172	172	142 (7) Provide documentation of its partnership(s) with high-quality preapprenticeship
173	173	143 training programs.
174	174	144 (8) Become signatory to a project labor agreement if such an agreement is selected as the
175	175	145project delivery method for the construction project by the contracting authority.
176	176	146 A bid will not be considered complete and ready for review until all certifications have
177	177	147been submitted as part of its bid package. The failure to include complete and accurate
178	178	148certifications prior to the bid deadline shall be grounds for disqualification from the bidding
179	179	149process.
180	180	150 (i) The Office shall ensure that contractors and subcontractors of all tiers, as part of the
181	181	151bid process, disclose and certify the following:
182	182	152 (1) Contractors and sub-contractors on the project are currently, and will remain, in
183	183	153compliance with Massachusetts General Laws Chapters 149, 151, 151A, 151B, and 152 and/or
184	184	15429 U.S.C. § 201, et seq. and Federal anti-discrimination laws for the duration of the project. 9 of 10
185	185	155 (2) Contractors and sub-contractors on the project, have complied with Massachusetts
186	186	156General Laws Chapters 149, 151, 151A, 151B, and 152 and/or 29 U.S.C. § 201, et seq. and
187	187	157Federal anti-discrimination laws for the last three (3) calendar years.
188	188	158 (3) When contractors or sub-contractors on the project cannot meet the certification
189	189	159requirements provided for in Paragraphs (1) and (2) of this subsection, the contractors or
190	190	160subcontractors must submit proof of a wage bond or other comparable form of insurance in an
191	191	161amount equal to the aggregate of one year’s gross wages for all workers projected to be
192	192	162employed by the contractor or sub-contractor for which certification is unavailable, to be
193	193	163maintained for the life of the project.
194	194	164 Section IV.
195	195	165 Chapter 25A of the Massachusetts General Laws is hereby amended by adding the
196	196	166following new Section:
197	197	167 Section 20(E): An Act Relative to Healthy and Sustainable Schools- Funding
198	198	168 (a) The State shall appropriate funds to a revolving fund to finance activities authorized
199	199	169under this act, including but not limited to providing energy assessments and installing energy
200	200	170efficiency improvements and renewable energy systems on or nearby school property. The
201	201	171Office shall be responsible for administering this fund.
202	202	172 (b) The Office shall make application for, receive, and accept funding from local and
203	203	173federal sources to carry out its duties, including but not limited to the following sources: 10 of 10
204	204	174 (i) funding authorized under the Infrastructure Investment and Jobs Act, including but not
205	205	175limited to funding programs under the Department of Energy’s State and Community Energy
206	206	176Program,
207	207	177 (ii) funding authorized under the Inflation Reduction Act, including but not limited to the
208	208	178Greenhouse Gas Reduction Fund,
209	209	179 (iii) funding authorized under the American Rescue Plan Act, including but not limited to
210	210	180funds for elementary and secondary emergency relief,
211	211	181 (iv) State bonds,
212	212	182
213	213	183 (v) funding from green banks, and
214	214	184 (vi) department funding.