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| 2 | 2 | | HOUSE DOCKET, NO. 4057 FILED ON: 1/20/2023 |
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| 3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 4098 |
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| 4 | 4 | | The Commonwealth of Massachusetts |
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| 5 | 5 | | _________________ |
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| 6 | 6 | | PRESENTED BY: |
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| 7 | 7 | | William J. Driscoll, Jr. |
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| 8 | 8 | | _________________ |
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| 9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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| 10 | 10 | | Court assembled: |
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| 11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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| 12 | 12 | | An Act to improve indoor air quality. |
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| 13 | 13 | | _______________ |
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| 14 | 14 | | PETITION OF: |
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| 15 | 15 | | NAME:DISTRICT/ADDRESS :DATE ADDED:William J. Driscoll, Jr.7th Norfolk1/20/2023 1 of 12 |
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| 16 | 16 | | HOUSE DOCKET, NO. 4057 FILED ON: 1/20/2023 |
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| 17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 4098 |
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| 18 | 18 | | By Representative Driscoll of Milton, a petition (accompanied by bill, House, No. 4098) of |
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| 19 | 19 | | William J. Driscoll, Jr., relative to the protection of the public health through the regulation of |
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| 20 | 20 | | indoor air quality within public buildings. Public Health. |
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| 21 | 21 | | The Commonwealth of Massachusetts |
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| 22 | 22 | | _______________ |
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| 23 | 23 | | In the One Hundred and Ninety-Third General Court |
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| 24 | 24 | | (2023-2024) |
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| 25 | 25 | | _______________ |
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| 26 | 26 | | An Act to improve indoor air quality. |
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| 27 | 27 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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| 28 | 28 | | of the same, as follows: |
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| 29 | 29 | | 1 SECTION 1. Chapter 111 of the General Laws is hereby amended by adding the |
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| 30 | 30 | | 2following section: |
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| 31 | 31 | | 3 Section 245. (a) For the purposes of this section, the following terms shall, unless the |
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| 32 | 32 | | 4context requires otherwise, have the following meanings: |
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| 33 | 33 | | 5 “Agent”, an official or employee of the department or a division of the department. |
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| 34 | 34 | | 6 “ASHRAE”, the American Society of Heating, Refrigerating and Air Conditioning |
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| 35 | 35 | | 7Engineers. |
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| 36 | 36 | | 8 “Building”, a publicly or privately owned structure for commercial, housing or |
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| 37 | 37 | | 9governmental purposes that exposes individuals to indoor air in permanently enclosed public |
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| 38 | 38 | | 10spaces. This term does not include spaces designated and used solely for industrial purposes, |
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| 39 | 39 | | 11private spaces used solely for residential purposes, temporary structures, spaces unintended for 2 of 12 |
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| 40 | 40 | | 12public access beyond 3 consecutive months, any structure exempted from coverage via the |
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| 41 | 41 | | 13commonwealth’s building codes and structures owned or leased by the United States |
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| 42 | 42 | | 14government, either wholly or in part. |
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| 43 | 43 | | 15 “Building occupant” or “occupant”, any individual who is regularly exposed to indoor air |
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| 44 | 44 | | 16in a building. |
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| 45 | 45 | | 17 “Building owner” or “owner”, the lawful owner of the building, or a designee thereof. |
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| 46 | 46 | | 18 “HVAC&R” shall mean heating, ventilation, air conditioning, and refrigeration. |
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| 47 | 47 | | 19 “Indoor Air Quality” or “IAQ”, the degree to which indoor air is free of excessive levels |
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| 48 | 48 | | 20of contaminants injurious to human health. |
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| 49 | 49 | | 21 “IAQ assessment” or “assessment”, an assessment of the levels of contaminants in |
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| 50 | 50 | | 22buildings determined to contribute to adverse health effects among exposed occupants. |
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| 51 | 51 | | 23 “IAQ certification”, a rating of building IAQ compliance that may include differing |
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| 52 | 52 | | 24levels of adherence to specific activities or requirements in this section. |
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| 53 | 53 | | 25 “IAQ complaint” or “complaint”, documentation of actual or suspected breaches or |
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| 54 | 54 | | 26violations of this section, or regulations promulgated under this section, through onsite |
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| 55 | 55 | | 27measurements or observations of building conditions or HVAC&R systems, medical symptoms, |
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| 56 | 56 | | 28or conditions of suspected or actual building-related illnesses, or other identifiable factors. |
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| 57 | 57 | | 29 “IAQ event”, a specific or limited circumstance emanating from a complaint, |
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| 58 | 58 | | 30investigation, inspection or other notification that warrants responses by a building owner to |
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| 59 | 59 | | 31address or remedy poor IAQ. 3 of 12 |
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| 60 | 60 | | 32 “IAQ inspection” or “inspection”, an onsite evaluation of actual or projected building |
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| 61 | 61 | | 33IAQ performance initiated by the department, in collaboration with the board of building |
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| 62 | 62 | | 34regulations and standards. |
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| 63 | 63 | | 35 “IAQ investigation” or “investigation”, an evaluation of actual or projected building IAQ |
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| 64 | 64 | | 36performance conducted in specific response to complaints or actual or suspected risks of harm to |
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| 65 | 65 | | 37individuals. |
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| 66 | 66 | | 38 “Regulation”, rules or directives created by the department or a division thereof in |
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| 67 | 67 | | 39furtherance of this section. |
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| 68 | 68 | | 40 “Renovation”, substantial efforts to restore or repair a building that may negatively |
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| 69 | 69 | | 41impact IAQ onsite for a period exceeding several workdays during the course of performance. |
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| 70 | 70 | | 42 “Significant medical conditions”, conditions attributable to building related illnesses |
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| 71 | 71 | | 43impacting the health or safety of a cluster of no less than 5 building occupants that led affected |
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| 72 | 72 | | 44individuals to seek medical care or are confirmed through valid tests. |
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| 73 | 73 | | 45 (b)(1) It shall be the policy of the commonwealth that public health be protected and |
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| 74 | 74 | | 46promoted through the regulation of indoor air quality within public buildings. In furtherance of |
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| 75 | 75 | | 47this goal, the department or a designated division thereof shall develop a comprehensive, |
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| 76 | 76 | | 48statewide plan to help assess and set priorities for improving IAQ in buildings through the |
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| 77 | 77 | | 49mitigation of contaminants of indoor air quality, identification of environmental, public health |
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| 78 | 78 | | 50and other bases for interventions, and regulatory proposals and policy options consistent with the |
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| 79 | 79 | | 51goals of this section. The department may coordinate and support further research efforts in |
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| 80 | 80 | | 52partnership with other commonwealth agencies, departments and international or national IAQ |
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| 81 | 81 | | 53stakeholders, consistent with the goals of this section and as such research relates to IAQ. 4 of 12 |
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| 82 | 82 | | 54 (2) the department, or division thereof, may develop effective and practice process, |
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| 83 | 83 | | 55protocols, methods and techniques for the detection and prevention of contamination in buildings |
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| 84 | 84 | | 56consistent with existing scientific and expert knowledge and input. |
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| 85 | 85 | | 57 (3) the department shall collect and make available the results of IAQ planning, research |
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| 86 | 86 | | 58and prevention efforts supported or conducted by the department. This shall include information |
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| 87 | 87 | | 59related to known or potential short-term and long-term health effects of air contaminants; actual |
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| 88 | 88 | | 60or prospective settings or locations where exposure to harmful contaminants are likely to occur; |
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| 89 | 89 | | 61adverse health effects of varied levels of contaminants; likely sources of exposures to specific |
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| 90 | 90 | | 62contaminants, including particular types of buildings or materials; technical information |
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| 91 | 91 | | 63regarding implementing programs and other methods for reducing exposures to contaminants; |
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| 92 | 92 | | 64prevention, management or measurement technologies and their effectiveness, cost and |
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| 93 | 93 | | 65feasibility or ease of operation; recommendations for lowering health risks to building-related |
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| 94 | 94 | | 66illnesses by identifying, reducing and preventing exposures, and; remedial actions including |
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| 95 | 95 | | 67elimination, substitution, engineering or administrative controls. |
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| 96 | 96 | | 68 (4) the department may collect, analyze, and maintain surveillance data or other |
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| 97 | 97 | | 69information related to human impacts associated with IAQ, including: the adverse health effects |
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| 98 | 98 | | 70of varied contaminants; risk factors and sources of building-related illnesses; communicable or |
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| 99 | 99 | | 71chronic conditions, short- and long-term injuries; preventable morbidity and mortality; disparate |
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| 100 | 100 | | 72impacts on specific populations, feasibility and appropriateness of monitoring technologies, and |
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| 101 | 101 | | 73efficacy of specific IAQ interventions to improve public health. 5 of 12 |
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| 102 | 102 | | 74 (5) In support of the development of IAQ regulations and the implementation of this |
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| 103 | 103 | | 75section, the department or division thereof may request, obtain, and use information from public |
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| 104 | 104 | | 76and private organizations including environmental surveillance or other data. |
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| 105 | 105 | | 77 (c)(1) In consultation with the board of building regulations and standards, the |
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| 106 | 106 | | 78department may identify types or classes of buildings that routinely present risks of potential or |
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| 107 | 107 | | 79actual contaminant exposures to occupants based on probable or actual indoor air health risks |
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| 108 | 108 | | 80typically experienced among occupants of similar buildings, probable or actual sources of |
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| 109 | 109 | | 81building-related illnesses or exposures to contaminants, and available measures to mitigate |
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| 110 | 110 | | 82preventable health risks to occupants consistent with ongoing, intended uses of the buildings. |
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| 111 | 111 | | 83 (2) Pursuant to paragraph (1), the department may designate types or classes of buildings |
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| 112 | 112 | | 84that routinely present high, medium or low risks of potential or actual exposure to contaminants |
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| 113 | 113 | | 85during periods of full or partial occupancy. |
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| 114 | 114 | | 86 (3) In consultation with the board of building regulations and standards, the department is |
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| 115 | 115 | | 87authorized to examine, develop, or adopt specific techniques or standards for approved tests that |
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| 116 | 116 | | 88accurately and reliably measure the prior or current presence of contaminants and identify |
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| 117 | 117 | | 89sources of contamination. Provided, that such tests can not pose any known health risks to |
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| 118 | 118 | | 90building occupants when conducted onsite, pose disproportionate environmental harms as |
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| 119 | 119 | | 91compared to other technologies., contradict scientific consensus of appropriate, independently |
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| 120 | 120 | | 92verified technologies, or impose significant financial burdens on building owners required to use |
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| 121 | 121 | | 93them under this section. Such testing will occur at a frequency to be determined by the |
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| 122 | 122 | | 94department, and the department may authorize the use of proxy testing in lieu of more specific |
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| 123 | 123 | | 95tests. 6 of 12 |
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| 124 | 124 | | 96 (4) Building owners shall visibly post results of IAQ tests onsite to alert occupants and |
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| 125 | 125 | | 97others of prior or current IAQ levels at the frequency for testing described in this subsection. |
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| 126 | 126 | | 98Building owners shall also post the results of IAQ tests online through publicly accessible |
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| 127 | 127 | | 99websites to be developed by the department. The results of these tests shall be posted within 48 |
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| 128 | 128 | | 100hours following the administration of said tests. The department shall create requirements for |
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| 129 | 129 | | 101posting IAQ results. |
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| 130 | 130 | | 102 (5) Building owners may conduct an IAQ assessment consistent with base-level |
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| 131 | 131 | | 103parameters determined by the department with the following parameters: frequency as required |
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| 132 | 132 | | 104under this subsection; reviews of proper ventilation, filters, air cleaning devices and fans, |
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| 133 | 133 | | 105adjusted for the number of building occupants per ASHRAE standards; measurable risks |
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| 134 | 134 | | 106explicitly tied to contaminants building-related illnesses, or planned renovations, identification of |
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| 135 | 135 | | 107potential remediable causes of poor IAQ, including pollutant pathways, contaminant sources, and |
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| 136 | 136 | | 108more; observation of areas prone to moisture problems, visible mold, or orders associated with |
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| 137 | 137 | | 109biological growth or water stains; use of technological or other analytical tools to screen or |
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| 138 | 138 | | 110identify contaminants; physical conditions, placements, and operational status of HVAC&R |
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| 139 | 139 | | 111equipment or components, and IAQ detectors or other monitors, thermal factors such as building |
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| 140 | 140 | | 112temperatures and humidity; identification of specific products, materials, or conditions within the |
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| 141 | 141 | | 113building that may cause excessive risk of poor IAQ or building-related illnesses absent proper |
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| 142 | 142 | | 114ventilation, including pursuant to planned renovations, and; other determinants within or outside |
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| 143 | 143 | | 115that may help accurate gauge health risks to occupants based on single or repeated exposures to |
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| 144 | 144 | | 116indoor air in period of regular operations or based on planned renovations. |
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| 145 | 145 | | 117 (6) IAQ assessments may include recommended actions, if warranted, including |
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| 146 | 146 | | 118estimated costs to remedy or improve IAQ within buildings in compliance with this section. 7 of 12 |
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| 147 | 147 | | 119Building owners may refer to these actions in making repairs, engaging in renovations, or taking |
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| 148 | 148 | | 120other steps to improve IAQ. Building owners are obligated to repair or take remedial actions to |
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| 149 | 149 | | 121improve IAQ deficiencies. |
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| 150 | 150 | | 122 (7) Assessments and documented proof of remedial actions to ameliorate poor IAQ may |
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| 151 | 151 | | 123be filed with the department pursuant to the formal processes it establishes. |
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| 152 | 152 | | 124 (8) Building owners shall maintain information related to assessments and remedial |
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| 153 | 153 | | 125actions at least 3 years after the date of their performance. |
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| 154 | 154 | | 126 (d)(1) Building occupants or other aggrieved persons may file a formal IAQ complaint of |
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| 155 | 155 | | 127an alleged IAQ event at a building to the department pursuant to the direct notification or |
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| 156 | 156 | | 128submission of a form created by the agency. Said form shall include the name, identification and |
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| 157 | 157 | | 129contact information of the person/persons submitting the form; alleged factors that reasonably |
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| 158 | 158 | | 130suggest a risk of adverse health effects or building related illnesses due to poor IAQ among |
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| 159 | 159 | | 131building occupant; identification of specific locales within the building that may be at risk of |
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| 160 | 160 | | 132poor IAQ; prospective, estimated, or actual number of individuals impacted; specific dates over |
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| 161 | 161 | | 133which the alleged factors or poor IAQ have occurred or are occurring, any alleged or suspected |
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| 162 | 162 | | 134building-related illnesses, observe red data from onsite tests conducted by the building owner, |
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| 163 | 163 | | 135independently conducted tests, assessments of occupants heal symptoms, or other available data |
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| 164 | 164 | | 136supporting the complaint; input from additional sources supporting the complaint; notice to the |
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| 165 | 165 | | 137building owner of the complaint, and; any other state or local agencies that may have been |
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| 166 | 166 | | 138notified or are aware of the basis for the complaint. |
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| 167 | 167 | | 139 (2) Any complaint properly filed and received by the department shall be initially |
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| 168 | 168 | | 140assessed by the department for its validity, including through outreach to the building owner, 8 of 12 |
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| 169 | 169 | | 141building occupants and submitter(s) of the complaint. If a complaint is determined to be invalid, |
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| 170 | 170 | | 142the department shall decline to take further action after notifying the complainant. If a complaint |
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| 171 | 171 | | 143is determined to be initially valid, the department shall launch an IAQ investigation after |
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| 172 | 172 | | 144notifying the building owners and the complainant. |
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| 173 | 173 | | 145 (3) The department may conduct an investigation of an IAQ event within 90 days of |
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| 174 | 174 | | 146determining the validity of the complaint. The investigation shall include screening, |
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| 175 | 175 | | 147identification and selective interviewing of building occupants; optional medical of occupants |
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| 176 | 176 | | 148allegedly suffering from exposure to contaminants or a building related illness, provided the |
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| 177 | 177 | | 149occupant provides written informed consent to any medical testing; results of inspections |
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| 178 | 178 | | 150authorized by this section, IAQ assessments provided by the building owner, review of |
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| 179 | 179 | | 151HVAC&R planning and interviews with HVAC&R personnel responsible for the design, |
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| 180 | 180 | | 152installation, operation or maintenance of the building systems, and; determinations of prior or |
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| 181 | 181 | | 153contemporaneous remedial actions consistent with IAQ assessments or inspection. |
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| 182 | 182 | | 154 (4) Investigation results and required remedial actions shall be shared with the building |
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| 183 | 183 | | 155owners and be made available to building occupants within 30 days of the completion of the |
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| 184 | 184 | | 156investigation. |
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| 185 | 185 | | 157 (5) building owners must complete any required repairs or other remedial actions within |
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| 186 | 186 | | 158120 days of the receipt of the agencies investigation results. Written extensions may be granted |
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| 187 | 187 | | 159by the department within the discretion of an agent of the department. |
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| 188 | 188 | | 160 (6) Pursuant to this section, and with prior consent of and notice to building owners, |
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| 189 | 189 | | 161agents of the department may enter a building at a reasonable time to inspect, investigate, |
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| 190 | 190 | | 162evaluate and conduct needed tests for the department’s own IAQ assessment of the building as 9 of 12 |
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| 191 | 191 | | 163needed to determine business compliance with this section. If the state agent is denied entry into |
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| 192 | 192 | | 164the building on at least 2 distinct occasions for the same the same purposes, the agent may seek |
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| 193 | 193 | | 165an administrative search warrant to enter the building for this specific purpose. A court of the |
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| 194 | 194 | | 166commonwealth may grant an administrative search warrant provided probable cause of an IAQ |
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| 195 | 195 | | 167violation exists. Information obtained via this administrative search warrant shall be used only |
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| 196 | 196 | | 168for purposes of fulfilling the goals of this section. This section shall not limit the authority of any |
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| 197 | 197 | | 169state or local agency to conduct an administrative search or inspection of buildings under other |
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| 198 | 198 | | 170provisions of existing federal or state laws. |
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| 199 | 199 | | 171 (7) The department shall establish a fee to cover the reasonable costs of performing an |
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| 200 | 200 | | 172inspection of the building, to be paid by building owners. Reasonable costs shall include |
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| 201 | 201 | | 173administration, personnel or travel expenses; instrument rentals; tests; laboratory assessments; |
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| 202 | 202 | | 174judicial expenditures; or other legitimate expenses incurred by the department. Any owner who |
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| 203 | 203 | | 175fails to pay the fee shall be subject to appropriate citations. The department may exempt certain |
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| 204 | 204 | | 176owners from paying the fee if their buildings are classified as low risk or the owners face |
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| 205 | 205 | | 177significant financial burdens in paying the fee. |
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| 206 | 206 | | 178 (8) The results of any inspection shall be shared with the building owner, including |
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| 207 | 207 | | 179proposed remedies, within 30 days of conducting the inspection. At a minimum, inspection |
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| 208 | 208 | | 180results shall include clear descriptions of key findings related to core elements; identification of |
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| 209 | 209 | | 181any conditions that are actually contributing to poor IAQ at the building; guidance or options on |
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| 210 | 210 | | 182remedial actions the building owner may wish to take to address these conditions, and; set |
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| 211 | 211 | | 183procedural requirements for notifying building occupants of probable or actual risks to their |
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| 212 | 212 | | 184health, if applicable. Building owners have up to 90 days within the receipt of the department’s 10 of 12 |
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| 213 | 213 | | 185inspection to undertake and complete remedial actions to bring the building within compliance of |
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| 214 | 214 | | 186the section, with the department having the authority to grant extensions within its discretion. |
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| 215 | 215 | | 187 (9) The department may refer to filed IAQ assessments, along with documented proof of |
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| 216 | 216 | | 188remedial actions, where made, in determining whether a specific building requires inspections. A |
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| 217 | 217 | | 189building owner who has conducted an assessment and successfully remedied and discovered |
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| 218 | 218 | | 190issues within 12 months prior to the date of an investigation may be exempted from an inspection |
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| 219 | 219 | | 191if the department determines that prior compliance sufficiently ameliorates poor IAQ. |
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| 220 | 220 | | 192 (e) (1) The department shall seek voluntary compliance of building owners with meeting |
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| 221 | 221 | | 193provisions or requirements consistent with specific time deadlines or other state parameters in |
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| 222 | 222 | | 194this section or regulations promulgated to support this section. |
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| 223 | 223 | | 195 (2) The department may provide certain incentives to building owners to support |
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| 224 | 224 | | 196voluntary compliance, including waivers of formal inspections; opportunities to apply for annual |
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| 225 | 225 | | 197designations of buildings meeting IAQ certification with graded levels set via regulation by the |
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| 226 | 226 | | 198department; expedited reviews of IAQ assessments for additional buildings owned or leased by |
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| 227 | 227 | | 199the same owner and; allowance of reasonable costs related to IAQ testing, assessment or |
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| 228 | 228 | | 200remedial actions to be tax deductible business expenses under state law. |
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| 229 | 229 | | 201 (f)(1) Any building owner who knowingly or willfully violates or fails to comply with the |
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| 230 | 230 | | 202terms, conditions, regulations or requirements of this section may be subject to citations or |
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| 231 | 231 | | 203penalties as set forth in this section. |
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| 232 | 232 | | 204 (2) The department may issue citations against offending building owners for each |
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| 233 | 233 | | 205alleged violation; provided, that said violations shall identify the conditions, factors, dates and |
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| 234 | 234 | | 206locations leading to the violation, as well as the specific provisions of this section or authorized 11 of 12 |
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| 235 | 235 | | 207regulations substantiating the violation. Alleged violations shall be subject to specific financial |
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| 236 | 236 | | 208penalties to be set by the department, providing that said penalties do not exceed $10,000. Funds |
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| 237 | 237 | | 209collected from said penalties shall be returned to the department’s operating budget to support |
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| 238 | 238 | | 210costs incurred in the implementation and enforcement of this section. |
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| 239 | 239 | | 211 (3) Following citations, the department may undertake additional recourse against |
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| 240 | 240 | | 212continuing offending building owners for the period of time in which a violation is unresolved, |
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| 241 | 241 | | 213including prohibiting existing or prospective leasing of the applicable building where building |
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| 242 | 242 | | 214occupants may be at risk of harmful exposure to contamination. The attorney general or other |
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| 243 | 243 | | 215appropriate law enforcement agency may commence a civil action in court for severe violations. |
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| 244 | 244 | | 216 (4) Any action under this section or regulations promulgated in support of this section is |
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| 245 | 245 | | 217barred unless it’s commenced within 3 years after the cause of action accrues or was or should |
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| 246 | 246 | | 218reasonably have been discovered by the department or other state agency. |
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| 247 | 247 | | 219 (g) Within 12 months of the effective date of this section, the department and divisions of |
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| 248 | 248 | | 220the department are authorized to promulgate and implement rules, orders, and regulations as are |
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| 249 | 249 | | 221reasonable and necessary to implement and effectuate the provisions and goals of this act, based |
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| 250 | 250 | | 222on the best available scientific evidence and other proofs of efficacy to identify, prevent, and |
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| 251 | 251 | | 223control factors affecting IAQ within buildings. The department may regularly amend these |
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| 252 | 252 | | 224regulations for the purposes of clarifying guidance, making essential updates, or revising |
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| 253 | 253 | | 225regulations based on new information, emerging science, or legal requirements. Nothing in this |
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| 254 | 254 | | 226section shall be construed to authorize the department or other state agency to carry out any |
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| 255 | 255 | | 227program or activity that is not reasonably related to improving IAQ. 12 of 12 |
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| 256 | 256 | | 228 (h) One year following the enactment of this section, and every 2 years thereafter, the |
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| 257 | 257 | | 229department shall file a report with the clerks of the house and senate detailing the |
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| 258 | 258 | | 230implementation and enforcement of this section, including challenges facing the department and |
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| 259 | 259 | | 231possible legislative action to address said challenges. |
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| 260 | 260 | | 232 SECTION 2. Notwithstanding any general or special laws to the contrary, the department |
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| 261 | 261 | | 233shall, no later than 6 months following the enactment of this act, the department of public health |
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| 262 | 262 | | 234shall prepare and submit an initial report to the clerks of the house and the senate concerning the |
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| 263 | 263 | | 235prospective impacts, effects and challenges of this act on the department. |
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| 264 | 264 | | 236 SECTION 3. Section 1 shall take effect January 1, 2025. |
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