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