Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S271 Latest Draft

Bill / Introduced Version Filed 02/16/2023

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SENATE DOCKET, NO. 1577       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 271
The Commonwealth of Massachusetts
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PRESENTED BY:
Ryan C. Fattman
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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 carbon monoxide detectors in schools.
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PETITION OF:
NAME:DISTRICT/ADDRESS :Ryan C. FattmanWorcester and HampdenJoseph D. McKenna18th Worcester2/1/2023 1 of 4
SENATE DOCKET, NO. 1577       FILED ON: 1/19/2023
SENATE . . . . . . . . . . . . . . No. 271
By Mr. Fattman, a petition (accompanied by bill, Senate, No. 271) of Ryan C. Fattman and 
Joseph D. McKenna for legislation relative to carbon monoxide detectors in schools. Education.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 332 OF 2021-2022.]
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Third General Court
(2023-2024)
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An Act relative to carbon monoxide detectors in schools.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority 
of the same, as follows:
1 SECTION 1. Chapter 29 of the General Laws, as appearing in the 2020 Official Edition, 
2is hereby amended by adding the following section:-
3 Section 72. (a) There shall be established and set upon the books of the commonwealth a 
4separate fund to be known as the School Carbon Monoxide Safety Trust Fund, to be expanded 
5without prior appropriation, by the department of elementary and secondary education. The fund 
6shall be credited any revenue from appropriations or other monies authorized by the general 
7court and specifically designated to be credited to the fund and any gifts, grants, private 
8contributions, investment income earned on the assets of the fund and all other sources. Money 
9remaining in the fund at the end of a fiscal year shall not revert to the General Fund. The 
10commissioner of elementary and secondary education or a designee, in consultation with the  2 of 4
11department of fire safety, shall administer the fund and make expenditures from the fund in the 
12form of grants to public school districts for the installation of carbon monoxide detection systems 
13as required under subsection (a½) of section 26F½ of chapter 148 and regulations promulgated 
14by the board of fire prevention.
15 (b) Prior to receiving any monies from the fund, a school district shall submit a carbon 
16monoxide detection system installation plan to the department of elementary and secondary 
17education and the department of fire safety. The plan shall include, but not be limited to: (i) the 
18method of installation of the carbon monoxide detection system for each school building in the 
19district; (ii) the status of carbon monoxide detection systems previously installed in school 
20buildings; and (iii) the cost, including labor costs, of installing carbon monoxide detection 
21systems. The department of elementary and secondary education, in conjunction with the 
22department of fire safety, shall: (A) review the plan and may request additional or supporting 
23information within 90 days of receipt of the plan; and (B) provide each school district 60 days to 
24submit any additional or supporting information requested. A plan shall be approved or rejected 
25not later than 180 days after receipt of the plan.
26 (c) Not later than April 1 of each year, the department of elementary and secondary 
27education, in conjunction with the department of fire safety, shall submit a report to the clerks of 
28the house of representatives and the senate and the chairs of the house and senate committees on 
29ways and means regarding the status of the fund including, but not limited to: (i) the amount of 
30money in the fund; and (ii) a list of school districts that were awarded grants and the amount of 
31the grants awarded. 3 of 4
32 SECTION 2. Section 26F½ of said chapter 148, as so appearing, is hereby amended by 
33inserting after subsection (a) the following subsection:-
34 (a½) Each school building that provides public or private education for children in 
35kindergarten through grade 12 that: (1) contains fossil-fuel burning equipment including, but not 
36limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device 
37that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall install carbon 
38monoxide alarms under the regulations of the board of fire prevention.
39 SECTION 3. The state board of building regulations and standards shall adopt as a 
40minimum standard the 2015 International Building Code requirement to install carbon monoxide 
41detection systems in all new or substantially rehabilitated school buildings that provide education 
42for children in kindergarten through grade 12.
43 SECTION 4. Notwithstanding subsection (a½) of section 26F½ of chapter 148 of the 
44General Laws, the board of fire prevention shall allow the temporary use of battery-operated 
45carbon monoxide alarms.
46 SECTION 5. Notwithstanding any general or special law to the contrary, not later than 
47January 1, 2025 and without further appropriation, the state comptroller shall transfer $7,500,000 
48from the General Fund to the School Carbon Monoxide Safety Trust Fund established in section 
4927 of chapter 29 of the General Laws.
50 SECTION 6. Notwithstanding any general or special law to the contrary, not later than 
51January 1, 2025 the department of elementary and secondary education, in consultation with the 
52department of fire safety and the Massachusetts School Building Authority, shall develop best 
53practices for the placement and installation of carbon 	monoxide detection systems in public  4 of 4
54school buildings as required by section 2 of this act; provided, however, that the best practices 
55shall prioritize student and staff safety as well as cost economy.
56 SECTION 7. Section 4 is hereby repealed. 
57 SECTION 8. Section 7 shall take effect on January 1, 2029.
58 SECTION 9. Unless otherwise provided, this act shall take effect on January 1, 2024.