Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S1382 Compare Versions

Only one version of the bill is available at this time.

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2	2	SENATE DOCKET, NO. 1180 FILED ON: 1/19/2023
3	3	SENATE . . . . . . . . . . . . . . No. 1382
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Patricia D. Jehlen
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 :Patricia D. JehlenSecond MiddlesexVanna Howard17th Middlesex1/31/2023Sal N. DiDomenicoMiddlesex and Suffolk2/3/2023Rebecca L. RauschNorfolk, Worcester and Middlesex2/6/2023Jack Patrick Lewis7th Middlesex2/7/2023Jason M. LewisFifth Middlesex2/9/2023Thomas M. Stanley9th Middlesex2/9/2023Carmine Lawrence Gentile13th Middlesex2/10/2023James B. EldridgeMiddlesex and Worcester2/13/2023Lydia EdwardsThird Suffolk2/13/2023Michael O. MooreSecond Worcester2/15/2023Adam GomezHampden2/23/2023Paul W. MarkBerkshire, Hampden, Franklin and
16	16	Hampshire
17	17	3/2/2023 1 of 20
18	18	SENATE DOCKET, NO. 1180 FILED ON: 1/19/2023
19	19	SENATE . . . . . . . . . . . . . . No. 1382
20	20	By Ms. Jehlen, a petition (accompanied by bill, Senate, No. 1382) of Patricia D. Jehlen, Vanna
21	21	Howard, Sal N. DiDomenico, Rebecca L. Rausch and other members of the General Court for
22	22	legislation to improve outdoor and indoor air quality for communities burdened by transportation
23	23	pollution. Public Health.
24	24	[SIMILAR MATTER FILED IN PREVIOUS SESSION
25	25	SEE SENATE, NO. 1447 OF 2021-2022.]
26	26	The Commonwealth of Massachusetts
27	27	_______________
28	28	In the One Hundred and Ninety-Third General Court
29	29	(2023-2024)
30	30	_______________
31	31	An Act to improve outdoor and indoor air quality for communities burdened by pollution.
32	32	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
33	33	of the same, as follows:
34	34	1 SECTION 1. Chapter 111 of the Massachusetts General Laws is hereby amended by
35	35	2adding the following definitions in section 1:-
36	36	3 “black carbon” shall mean those fine particles less than or equal to 2.5 micrometers in
37	37	4diameter (also known as soot).
38	38	5 “environmental justice population” shall mean the populations defined in section 62 of
39	39	6chapter 30.
40	40	7 “HEPA filtration” shall mean a high efficiency particulate arrestance filtration system
41	41	8that removes at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a 2 of 20
42	42	9size of 0.3-10.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20
43	43	10filter.
44	44	11 “MERV 16 filter” shall mean a minimum efficiency reporting value filtration system that
45	45	12removes at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size
46	46	13of 0.3-10.0 microns.
47	47	14 “particulate matter” or “particulates” shall mean a broad class of chemically and
48	48	15physically diverse substances that exist as discrete particles in air, including coarse, fine, and
49	49	16ultrafine particles.
50	50	17 “fine particulate matter” or “fine particulates” shall mean particulate matter less than or
51	51	18equal to 2.5 micrometers in diameter.
52	52	19 “ultrafine particulate matter” or “ultrafine particulates” shall mean particulate matter less
53	53	20than or equal to .1 micrometers in diameter (.1 micrometers is equivalent to 100 nanometers).
54	54	21 SECTION 2. Chapter 21A of the General Laws, as appearing in the 2022 Official
55	55	22Edition, is hereby amended by inserting after section 18A, as Section 18B, the following
56	56	23section:-
57	57	24 The department of environmental protection, in consultation with the executive office of
58	58	25energy and environmental affairs and department of environmental health, shall convene a
59	59	26technical advisory committee comprised of: residents of environmental justice populations living
60	60	27adjacent to major highways; academics with expertise in air monitoring, environmental health,
61	61	28air toxics, and air pollution; and labor representatives; for the purpose of identifying
62	62	29communities with high cumulative exposure burdens for toxic air contaminants and criteria 3 of 20
63	63	30pollutants. The department shall convene the technical advisory committee by December 1,
64	64	312024. The technical advisory committee shall identify the likely air pollution hotspots due to
65	65	32high concentrations of traffic-related air pollution throughout the Commonwealth that should be
66	66	33equipped with new or expanded air monitors and establish a definition of “air quality” and “air
67	67	34quality target pollutants” that includes, but is not limited to, consideration of criteria pollutants,
68	68	35black carbon, and ultrafine particulate matter.
69	69	36 By June 30, 2026, the department of environmental protection shall install and operate
70	70	37stationary air monitors in at least eight air pollution hotspots that measure for at least one of the
71	71	38following pollutants: black carbon, nitrogen oxides, ultrafine particulate matter. By June 30,
72	72	392027, the department of environmental protection shall establish baseline air quality in air
73	73	40pollution hotspots. Data from the air monitors shall be publicly accessible and provide near-time
74	74	41information. The department of environmental protection shall work with residents of
75	75	42environmental justice populations to conduct participatory action research where residents can
76	76	43use mobile air sensors to expand the number of locations where residents can track air quality.
77	77	44 Once those hotspots are determined and the baseline data is established, the department
78	78	45of environmental protection shall set annual targets to decrease air quality target pollutants
79	79	46between 2026 and 2035 to improve the air quality in that location. Air monitoring data shall be
80	80	47collected every three years between 2026 and 2035 to measure progress toward achieving air
81	81	48quality target pollutants reduction targets and make such data publicly available. By December
82	82	4931, 2030, the department of environmental protection shall ensure that air pollution hotspots will
83	83	50have achieved air quality target pollutant concentrations that are at least 50 percent below the
84	84	51baseline in each hotspot and certify as such by publicly reporting compliance. By December 31,
85	85	522035, the department of environmental protection shall ensure that air quality target pollutants 4 of 20
86	86	53concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify
87	87	54as such by publicly reporting compliance.
88	88	55 The department of environmental protection, in consultation with the department of
89	89	56public health, shall promulgate regulations for conducting indoor/outdoor assessments
90	90	57monitoring exposure to ultrafine particulate matter and black carbon particulate matter
91	91	58concentrations present in the indoor air of existing and proposed buildings, based on the best
92	92	59available science about the health risks associated with ultrafine particulate matter and black
93	93	60carbon. The department of environmental protection’s regulations shall at minimum set forth
94	94	61standard procedures for conducting air dispersion modeling, managing air pollution, monitoring
95	95	62ultrafine particulate matter, and estimating exposure.
96	96	63 The provisions of this chapter may be enforced by means of an action in the superior
97	97	64court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any
98	98	65combination thereof. No such action may be commenced without the plaintiff providing written
99	99	66notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal
100	100	67action in superior court. All persons shall have standing to commence such enforcement actions.
101	101	68Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek
102	102	69relief under this section.
103	103	70 SECTION 3. Section 26 of Chapter 111 shall be amended by adding the following
104	104	71section after the first paragraph:-
105	105	72 Boards of health shall require the installation of air filtration in eligible buildings located
106	106	73within 200 meters of a class 1, class 2 or class 3 roadway, marine terminal, airport, or a train
107	107	74station or train yard serving diesel locomotives. Eligible buildings include: (i) existing residential 5 of 20
108	108	75public housing; (ii) existing residential private multifamily housing with more than two tenant-
109	109	76occupied units; (iii) existing public schools serving students of any age in grades kindergarten
110	110	77through twelfth grade; (iv) existing private schools serving students of any age in grades
111	111	78kindergarten through twelfth grade; (v) existing charter schools serving students of any age in
112	112	79grades kindergarten through twelfth grade; (vi) existing college and university buildings with one
113	113	80or more classrooms; (vii) existing commercial buildings with businesses that have five or more
114	114	81full-time employees; and (viii) existing correctional facilities, including prisons and jails. Boards
115	115	82of health shall require that air filtration be maintained throughout the building operation.
116	116	83 The department of environmental protection, in consultation with the department of
117	117	84public health, department of elementary and secondary education, and executive office of
118	118	85administration and finance, shall identify funding sources to provide incentives for eligible
119	119	86buildings that are schools, private housing, and public housing to cover the cost of installing air
120	120	87filtration equipment.
121	121	88 Air filtration equipment installed in eligible buildings that are schools, commercial
122	122	89buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall
123	123	90be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate
124	124	91matter as a MERV 16 filter.
125	125	92 SECTION 4. Section 4A of chapter 15D of the General Laws, as so appearing, is hereby
126	126	93amended by adding the following paragraph:-
127	127	94 (e) The department of early education and care shall issue a new original license for a
128	128	95school age child care program, day care center, family day care system, group care facility or
129	129	96temporary shelter facility, family day care home or large family day care home which is not a 6 of 20
130	130	97part of a family day care system, as defined in section 1A of chapter 15D of the General Laws,
131	131	98only after the applicant has:
132	132	99 (1) carried out the indoor/outdoor assessment described in section 18B of chapter 21A of
133	133	100the General Laws and the assessment results indicate the concentration of fine, ultrafine, and
134	134	101black carbon particles in indoor air is or will be mitigated to at least 80 percent below outdoor air
135	135	102concentrations; or
136	136	103 (2) installed a MERV 16 filter in mechanical ventilation system or standalone HEPA
137	137	104filtration or acceptable mitigation to be determined by the department.
138	138	105 (f) No license shall be issued until acceptable mitigation has been installed and is
139	139	106functioning.
140	140	107 SECTION 5. Section 1A of chapter 40A of the General Laws, as so appearing is hereby
141	141	108amended by inserting before the definition of “permit granting authority” the following
142	142	109definitions:-
143	143	110 “construction” shall mean new construction or rehabilitation up to 50 percent of assessed
144	144	111value.
145	145	112 “hospital” shall mean any institution in the Commonwealth of Massachusetts, however
146	146	113named, whether conducted for charity or for profit, which is advertised, announced, established
147	147	114or maintained for the purpose of caring for persons admitted thereto and staying overnight for
148	148	115diagnosis or medical, surgical or restorative treatment which is rendered within said institution;
149	149	116but shall not include clinics, day surgery centers, dialysis centers, or other such health care
150	150	117facilities which do not admit patients overnight. 7 of 20
151	151	118 “long-term care facility” shall mean any institution whether conducted for charity or
152	152	119profit which is advertised, announced or maintained for the express or implied purpose of
153	153	120providing three or more individuals admitted thereto with long-term resident, nursing,
154	154	121convalescent or rehabilitative care; supervision and care incident to old age for ambulatory
155	155	122persons; or retirement home care for elderly persons. Long-term care facility shall include
156	156	123convalescent or nursing homes, rest homes, and charitable homes for the aged.
157	157	124 “particulate matter mitigation” shall mean strategies, structural and nonstructural, that
158	158	125verifiably reduce indoor ultrafine particle levels by 80 percent, relative to outdoor levels.
159	159	126 “publicly funded” shall mean any entity or institution which receives federal, state or
160	160	127municipal monies, grants, and/or subsidies.
161	161	128 “publicly subsidized” shall mean any project receiving any form of direct funding, loan,
162	162	129loan guarantee, tax credit, TIF funding, publicly bonded funds, or property tax incentives, issued
163	163	130or granted by any public or quasi-public entity.
164	164	131 “school” shall mean any public or private institution primarily engaged in the education
165	165	132of persons aged 18 years and younger. This definition does not include institutions of higher
166	166	133education.
167	167	134 SECTION 6. Section 94 of chapter 143 of the General Laws, as so appearing, is hereby
168	168	135amended by inserting the following paragraphs after section (r):-
169	169	136 (s) No permit granting authority shall grant a building permit for any proposed residential
170	170	137development, hospital, school, long-term care facility, school aged child care program, day care
171	171	138center, family day care home or large family day care home which is not a part of a family day 8 of 20
172	172	139care system, family day care system, or group care facility or temporary shelter facility as
173	173	140defined in section 1A of chapter 15D of the General Laws unless:
174	174	141 (a) the owner or applicant carries out an indoor/outdoor particulates assessment
175	175	142consistent with the regulations adopted pursuant to section 18B of chapter 21A of the General
176	176	143Laws, and the assessment results indicate that the concentration of ultrafine particulate matter
177	177	144and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or
178	178	145 (b) the owner or applicant has installed a MERV 16 filter in the building’s mechanical
179	179	146ventilation system.
180	180	147 SECTION 7. Subsection a of section 6 of chapter 70B of the General Laws, as so
181	181	148appearing, is hereby amended by inserting after subparagraph (6) the following paragraph:-
182	182	149 (7) If the school project includes structures, apart from parking structures and accessory
183	183	150structures, as defined in Section 21 of Chapter 17 of the General Laws or a train station or train
184	184	151yard serving diesel locomotives, the applicant shall:
185	185	152 (a) carry out the indoor/outdoor particulates assessment described in section 18B of
186	186	153chapter 21A of the General Laws and the assessment results indicate that the concentration of
187	187	154ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below
188	188	155outdoor concentrations; or
189	189	156 (b) install a MERV 16 filter in the mechanical ventilation system or standalone HEPA
190	190	157filtration or acceptable mitigation to be determined by the department.
191	191	158 SECTION 8. Section 51 of Chapter 111 of the General Laws, as so appearing, is hereby
192	192	159amended by inserting after the second paragraph the following paragraph:- 9 of 20
193	193	160 No original license shall be issued to establish a hospital so as to place structures
194	194	161inhabited by patients unless the developer:
195	195	162 (1) has carried out the indoor/outdoor particulates assessment described in section 18B of
196	196	163chapter 21A of the General Laws and the assessment results indicate that indoor ultrafine
197	197	164particulate matter and black carbon levels are or will be mitigated to at least 80 percent below
198	198	165that of outdoor levels. In the case of a facility previously licensed as a hospital in which there is
199	199	166only a change in ownership, no such particulates assessment shall be required, in the absence of
200	200	167expansions or new construction; or
201	201	168 (2) has installed a MERV 16 filter in the mechanical ventilation system or standalone
202	202	169HEPA filtration or acceptable mitigation to be determined by the department.
203	203	170 SECTION 9. Section 71 of Chapter 111 of the General Laws, as so appearing, is hereby
204	204	171amended by inserting after the second paragraph the following paragraph:-
205	205	172 No original license shall be issued to establish a convalescent or nursing home, rest home
206	206	173or charitable home for the aged so as to place residential structures unless the developer:
207	207	174 (1) has carried out the particulates assessment described in section 18B of chapter 21A of
208	208	175the General Laws and the assessment results indicate indoor ultrafine particulate matter and
209	209	176black carbon levels are or will be mitigated to at least 80 percent below those of outdoor levels.
210	210	177In the case of a facility previously licensed in which there is only a change in ownership, no such
211	211	178health risk assessment shall be required, in the absence of expansion or new construction; or
212	212	179 (2) has installed a MERV 16 filter in the mechanical ventilation system or standalone
213	213	180HEPA filtration or acceptable mitigation to be determined by the department. 10 of 20
214	214	181 SECTION 10. Section 1 of chapter 111 of the General Laws is hereby amended by
215	215	182inserting the following definitions:-
216	216	183 “Indoor mold,” visible living or dead fungi or related products or parts, including spores,
217	217	184hyphae, and mycotoxins, on an interior surface of a building, including common spaces, utility
218	218	185spaces, HVAC, or other systems.
219	219	186 “Indoor mold assessment,” an indoor mold assessment conducted by an indoor mold
220	220	187remediation professional.
221	221	188 “Indoor mold hazard,” indoor mold growth of ten square feet (10 ft.2) or more in an
222	222	189affected area.
223	223	190 “Owner,” as provided in section 189A of chapter 111.
224	224	191 “Premises,” any residential premises, dwelling unit, or residential property.
225	225	192 SECTION 11. Section 127A of chapter 111 shall be amended to add the following
226	226	193sections after the second paragraph:-
227	227	194 Section 1.
228	228	195 (a) An owner leasing a premises shall notify tenants of the premises and prospective
229	229	196tenants who are about to enter an agreement to rent the premises about the hazards of indoor
230	230	197mold as follows:
231	231	198 (1) The department shall, by July 1, 2024, prepare a standard notification brochure and
232	232	199such other materials as may be necessary to inform occupants and owners about the hazards
233	233	200associated with indoor mold; measures which can be taken by occupants and owners to reduce 11 of 20
234	234	201the risk of indoor mold; and tenants’ rights and owners’ obligations pursuant to sections 127A,
235	235	202127B, and 127C of chapter 111, inclusive, and regulations promulgated thereunder. Such
236	236	203materials shall also describe the need for tenants to promptly notify owners of the appearance of
237	237	204indoor mold. The department shall produce these materials in multiple languages other than
238	238	205English to accommodate the diverse multicultural population of Massachusetts.
239	239	206 (2) The department shall, by July 1, 2024, prepare a disclosure form for owners to
240	240	207provide the following notice to tenants and prospective tenants:
241	241	208 (i) Prior violations of the State Sanitary Code involving indoor mold or moisture, within
242	242	209the past three years; and
243	243	210 (ii) Current instances of indoor mold on the premises, of which the owner knows, or has
244	244	211reasonable cause to believe exist.
245	245	212 (3) Effective August 1, 2025, prior to entering into a tenancy agreement, the owner of a
246	246	213premises, or such other person to whom rent is to be regularly paid, shall provide any prospective
247	247	214tenant who is about to enter such an agreement to rent the premises with, and the prospective
248	248	215tenant shall sign prior to entering into a tenancy agreement:
249	249	216 (i) A copy of the materials specified in subsection (1);
250	250	217 (ii) A written disclosure on the form specified in subsection (2) regarding any existing
251	251	218indoor mold on the premises, when the owner knows, or has reasonable cause to believe, that
252	252	219such indoor mold is present. 12 of 20
253	253	220 (4) Effective August 1, 2025, prior to any renewal of an existing tenancy agreement, the
254	254	221owner of premises, or such other person to whom rent is to be regularly paid, shall provide the
255	255	222tenant with the materials specified in subsection (3).
256	256	223 (b) All persons selling a premises shall, prior to the signing of a purchase and sale
257	257	224agreement, provide the prospective purchaser with the materials specified in subsection (3). The
258	258	225prospective purchaser shall sign these materials prior to the signing of a purchase and sale
259	259	226agreement. The department may adapt these materials as appropriate for the context of real estate
260	260	227purchases.
261	261	228 Section 2. Inspection Requirements.
262	262	229 (a) Notwithstanding sections 3(b) and 4, an owner shall inspect or hire a third party to
263	263	230inspect for indoor mold in all occupied premises and in common areas at least once a year
264	264	231between the months of June and August and more often, if necessary, such as when, in the
265	265	232exercise of reasonable care, an owner knows or should have known of a condition that is
266	266	233reasonably foreseeable to cause indoor mold, or an occupant makes a complaint concerning a
267	267	234condition that is likely to cause indoor mold or requests an inspection, or the department issues a
268	268	235notice of violation or orders the correction of a violation that is likely to cause indoor mold.
269	269	236 (b) An owner who receives written or electronic notice from a tenant that indoor mold or
270	270	237suspected indoor mold exists in the premises or in a common area of the property shall inspect
271	271	238the property within five (5) calendar days.
272	272	239 (c) An owner who conducts or provides for an inspection under subsections (a) and (b)
273	273	240within five (5) calendar days of such inspection shall: 13 of 20
274	274	241 (1) Provide written, in the form of paper or electronic, notice to the tenant that states:
275	275	242 (i) That the owner inspected the apartment for indoor mold; and
276	276	243 (ii) Whether the owner found indoor mold and, if so, whether the indoor mold constitutes
277	277	244an indoor mold hazard.
278	278	245 (2) Report to the local board of health:
279	279	246 (i) The information specified under subsection (c)(1), provided the inspection is an
280	280	247annual inspection required under subsection (a), or any other inspection where the inspection
281	281	248reveals an indoor mold hazard.
282	282	249 (ii) The receipt of any written or electronic complaint from the tenant regarding indoor
283	283	250mold or suspected indoor mold.
284	284	251 (d) Local boards of health will keep a record of, and make public, the information
285	285	252received under subsection (c)(2) through a publicly accessible online database.
286	286	253 Section 3. Remediation Requirements.
287	287	254 (a) The presence of indoor mold in a leased premises constitutes a violation of the State
288	288	255Sanitary Code. Owners of leased premises shall take reasonable measures to keep such premises
289	289	256free from indoor mold and from any condition conducive to indoor mold and shall take
290	290	257reasonable measures to prevent the reasonably foreseeable occurrence of such conditions and
291	291	258shall expeditiously take reasonable measures to remediate such conditions and any underlying
292	292	259defect, when such underlying defect exists, consistent with this section and the rules promulgated
293	293	260thereunder. 14 of 20
294	294	261 (b) If an inspection or examination as provided for in section 3 or the State Sanitary Code
295	295	262reveals the presence of indoor mold, the owner shall:
296	296	263 (1) Cause the indoor mold to be remediated in accordance with subsections (c) or (d), as
297	297	264applicable;
298	298	265 (2) Begin necessary remediation or contract in writing with a third party within five (5)
299	299	266days of the inspection provided for in section 3 or receiving notice of a violation pursuant to the
300	300	267State Sanitary Code, unless a shorter timeframe is ordered by the local board of health; and
301	301	268 (3) Make a good faith effort to substantially correct all violations within thirty (30) days
302	302	269of the inspection provided for in section 3 or receiving notice of a violation pursuant to the State
303	303	270Sanitary Code, unless a shorter timeframe is ordered by a local board of health.
304	304	271 (c) If remediation of indoor mold is required under subsection (b) and the indoor mold is
305	305	272not an indoor mold hazard, the owner shall:
306	306	273 (1) Remediate the indoor mold in accordance with the guidelines established under
307	307	274subsection (e)(2); and
308	308	275 (2) Within five (5) days of the completed remediation of the indoor mold:
309	309	276 (i) Provide written or electronic notice to the tenant stating that the indoor mold is
310	310	277remediated; and
311	311	278 (ii) Report to the local board of health that the indoor mold is remediated. Local boards of
312	312	279health will keep a record of, and make public, this report. 15 of 20
313	313	280 (d) If remediation of indoor mold is required under subsection (b) and the indoor mold is
314	314	281an indoor mold hazard, the owner shall:
315	315	282 (1) Cause an indoor mold remediation professional to remediate the indoor mold hazard.
316	316	283The indoor mold remediation professional shall remediate the indoor mold hazard in accordance
317	317	284with the performance standards and work practices established under subsection (e)(1); and
318	318	285 (2) Within five (5) days of the completed remediation of the indoor mold:
319	319	286 (i) Provide written or electronic notice to the tenant stating that the indoor mold is
320	320	287remediated; and
321	321	288 (ii) Inform the local board of health of the violation and request an inspection following
322	322	289the remediation, provided that the local board of health is not aware of the violation and does not
323	323	290plan to conduct a follow-up inspection pursuant to the State Sanitary Code. Local boards of
324	324	291health will keep a record of, and make public, this report, through a publicly accessible online
325	325	292database.
326	326	293 (e) Consistent with applicable U.S. Environmental Protection Agency or U.S. Department
327	327	294of Labor, Occupational Safety and Health Administration guidelines and regulations relating to
328	328	295the assessment and remediation of mold, within one year of the effective date the department
329	329	296shall:
330	330	297 (1) Establish minimum performance standards and work practices for conducting
331	331	298professional indoor mold remediation in Massachusetts, including the use of a moisture meter
332	332	299before and following remediation to ensure that moisture levels for building materials are at
333	333	300appropriate levels as determined by the department. 16 of 20
334	334	301 (2) Establish guidelines for the safe and effective remediation of indoor mold that is not
335	335	302an indoor mold hazard. At a minimum, these guidelines shall require an owner to:
336	336	303 (i) Investigate and correct any underlying defect, including moisture or leak conditions,
337	337	304that are causing or may cause mold violations;
338	338	305 (ii) Remove or securely cover with plastic sheeting any furniture or other items in the
339	339	306work area that cannot be removed;
340	340	307 (iii) Minimize the dispersion of dust and debris from the work area to other parts of the
341	341	308dwelling unit through methods such as: sealing ventilation ducts/grills and other openings in the
342	342	309work area with plastic sheeting; isolating the work area with plastic sheeting and covering egress
343	343	310pathways; cleaning or gently misting surfaces with a dilute soap or detergent solution prior to
344	344	311removal; the use of HEPA vacuum-shrouded tools or a vacuum equipped with a HEPA filter at
345	345	312the point of dust generation;
346	346	313 (iv) Clean mold with soap or detergent and water;
347	347	314 (v) Remove and discard materials that cannot be cleaned properly;
348	348	315 (vi) Properly remove and discard plastic sheeting, cleaning implements, and
349	349	316contaminated materials in sealed, heavy weight plastic bags;
350	350	317 (vii) Clean any remaining visible dust from the work area using wet cleaning methods or
351	351	318HEPA vacuuming; and
352	352	319 (viii) Leave the work area dry and visibly free from mold, dust, and debris. 17 of 20
353	353	320 (f) Failure of the department to issue minimum performance standards, work practices,
354	354	321and guidelines shall not excuse an owner from the remediation requirements under this section.
355	355	322 (g) If mold remediation required under subsection (b) results in the premises being
356	356	323uninhabitable, the owner shall pay for the cost of a hotel or other reasonable alternative housing
357	357	324arrangement during the mold remediation for each 24-hour period for which the premises is
358	358	325uninhabitable.
359	359	326 Section 4. Fines.
360	360	327 (a) An owner who violates any provision of this section, or the rules promulgated
361	361	328thereunder, shall be punishable by fine as follows:
362	362	329 (1) By a fine of not less than $250 nor more than $500 for each violation of section 2,
363	363	330section 3, and section 4(b), 4(c), and 4(d).
364	364	331 (2) If remediation is not completed within the required timeframe under section 4(b),
365	365	332each subsequent day until remediation is completed constitutes a separate violation under
366	366	333subsection (a)(1).
367	367	334 Section 5. Indoor Mold Assessment and Remediation Fund.
368	368	335 (a) There is established the Indoor Mold Assessment Fund, which shall be administered
369	369	336by the department in accordance with subsection (c) of this section.
370	370	337 (b) The Fund shall consist of the revenue from: fees collected in accordance with
371	371	338subsection (d) of section 4; fines collected in accordance with section 6; and any other money
372	372	339accepted for the benefit of the Fund. 18 of 20
373	373	340 (c) The Fund shall be used to meet the department’s education and research support
374	374	341obligations under section 6; and to provide financial assistance grants to low-income residents
375	375	342for the purpose of having a professional mold assessment conducted in their premises in the
376	376	343event that the owner fails to comply with the requirements in sections 2 through 4 or for small
377	377	344property owners of buildings up to nine units for the purpose of covering mold assessments and
378	378	345inspections.
379	379	346 Section 6. Education and Research Support.
380	380	347 (a) The department shall create educational materials and guidance to support owners in
381	381	348meeting their obligations under sections 2 through 4.
382	382	349 (b) The department shall promulgate a comprehensive written procedure to guide local
383	383	350boards of health and code enforcement agencies in implementing and enforcing sections 2
384	384	351through 7.
385	385	352 (c) The department shall institute an educational and publicity program, to inform the
386	386	353general public, and particularly owners, tenants, local boards of health and code enforcement
387	387	354agencies, and health services personnel, of: the dangers of mold; the causes of mold and how to
388	388	355identify these causes; occupant behaviors that can contribute to indoor mold growth; and
389	389	356methods for preventing and remediating mold growth.
390	390	357 (d) The department shall prioritize the use of available funding sources to fund research
391	391	358focused on the health impacts of mold and strategies for mitigating mold. 19 of 20
392	392	359 (e) The department shall seek comments from time to time from residents of
393	393	360environmental justice populations as defined by section 62 of chapter 30 of the general laws
394	394	361regarding mold and air quality concerns.
395	395	362 Section 7. Violations/Remedies for Injured Tenants.
396	396	363 (a) In a private cause of action, claim, or defense by a tenant against an owner for a
397	397	364violation under this Section:
398	398	365 (1) A professional indoor mold assessment finding indoor mold contamination in a leased
399	399	366premises or a common area of the property shall create a rebuttable presumption of a violation of
400	400	367the owner's obligation to maintain the premises as required under this Section and the State
401	401	368Sanitary Code. To establish the presumption, the tenant must demonstrate that the owner
402	402	369received a professional indoor mold assessment in written or electronic form that determined that
403	403	370indoor mold contamination existed in the tenant's leased premises.
404	404	371 (2) When ruling in favor of a tenant with respect to a violation of this Section or the State
405	405	372Sanitary Code based on a professional indoor mold assessment, the court shall have discretion to
406	406	373reimburse indoor mold assessment costs and award attorney fees and court costs to the tenant.
407	407	374The court may award treble damages to a tenant when:
408	408	375 (i) The tenant discovered the indoor mold;
409	409	376 (ii) A professional indoor mold assessment determined that indoor mold contamination
410	410	377existed in the tenant's premises;
411	411	378 (iii) The owner received the indoor mold assessment in written or electronic form; 20 of 20
412	412	379 (iv) The owner did not remediate the indoor mold within the timeline required under
413	413	380section 4; and
414	414	381 (v) The court finds that the residential property owner acted in bad faith.
415	415	382 (b) The housing court department established pursuant to section 1 of chapter 211B shall
416	416	383establish a dedicated process to handle claims involving a violation of this Section or violation of
417	417	384the State Sanitary Code involving mold. This process shall include the opportunity for mediation
418	418	385prior to a hearing.
419	419	386 SECTION 12. (1) Notwithstanding any special or general law, rule or regulation to the
420	420	387contrary the board of building regulations and standards shall, commencing with the next edition
421	421	388of the International Energy Conservation Code adopted after January 1, 2022 under section 94 of
422	422	389chapter 143 of the General Laws, adopt, approve, codify, and publish mandatory building
423	423	390standards:
424	424	391 (a) for mandatory building standards for the installation of air filtration systems at a
425	425	392minimum of MERV 16; and
426	426	393 (b) do not permit the installation of gas stoves for use in residential construction.
427	427	394 (2) In proposing and adopting standards and regulations under this section, the Board of
428	428	395Building Regulations and Standards shall actively consult with interested parties, including, but
429	429	396not limited to, the Department of Public Health and the Department of Energy Resources.