1 of 1 HOUSE DOCKET, NO. 3796 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1426 The Commonwealth of Massachusetts _________________ PRESENTED BY: Manny Cruz and Aaron L. Saunders _________________ 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 to provide green and healthy public colleges and universities and address their deferred maintenance needs. _______________ PETITION OF: NAME:DISTRICT/ADDRESS :DATE ADDED:Manny Cruz7th Essex1/17/2025Lindsay N. Sabadosa1st Hampshire2/3/2025Vanna Howard17th Middlesex2/3/2025Michael D. BradySecond Plymouth and Norfolk2/3/2025Christopher Richard Flanagan1st Barnstable2/3/2025Rodney M. Elliott16th Middlesex2/3/2025Danillo A. Sena37th Middlesex2/3/2025Erika Uyterhoeven27th Middlesex2/11/2025Jacob R. OliveiraHampden, Hampshire and Worcester2/11/2025Natalie M. Higgins4th Worcester2/11/2025James K. Hawkins2nd Bristol2/11/2025Mike Connolly26th Middlesex2/13/2025James B. EldridgeMiddlesex and Worcester2/28/2025David Henry Argosky LeBoeuf17th Worcester3/10/2025 1 of 6 HOUSE DOCKET, NO. 3796 FILED ON: 1/17/2025 HOUSE . . . . . . . . . . . . . . . No. 1426 By Representatives Cruz of Salem and Saunders of Belchertown, a petition (accompanied by bill, House, No. 1426) of Manny Cruz, Lindsay N. Sabadosa and others for legislation to address the deferred maintenance needs of public institutions of higher education and for the creation of a green and healthy public college and university building planning commission (including members of the General Court). Higher Education. The Commonwealth of Massachusetts _______________ In the One Hundred and Ninety-Fourth General Court (2025-2026) _______________ An Act to provide green and healthy public colleges and universities and address their deferred maintenance needs. 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 15A of the General Laws is hereby amended by inserting, after 2section 47, the following section:- 3 Section 48. Green and Healthy Public College and University Building Planning 4Commission 5 (a) There shall be a Green and Healthy Public College and University Building Planning 6Commission, which shall consist of: the commissioner of higher education, who shall serve as 7chair, or a designee; the commissioner of public health, who shall serve as vice chair, or a 8designee; the secretary of energy and environmental affairs, who shall serve as vice chair, or a 9designee; the speaker of the house of representatives, or a designee; the president of the senate, 10or a designee; the minority leader of the house of representatives, or a designee; the minority 2 of 6 11leader of the senate, or a designee; the chairs of the joint committee on ways and means, or their 12designees; the chairs of the joint committee on higher education, or their designees; the president 13of the university of Massachusetts, or a designee; the executive director of the Massachusetts 14Association of Community Colleges, or a designee; the executive officer of the Massachusetts 15State University Council of Presidents, or a designee; 4 representatives of the Massachusetts 16Teachers Association, 1 of whom shall be employed by the university of Massachusetts, 1 of 17whom shall be employed by a state university, and 1 of whom shall be employed by a 18community college; a representative of the American Federation of Teachers, Massachusetts; a 19representative of the American Institute of Architects-Massachusetts; a representative of the 20Massachusetts State Building Trades Council; a representative of the Massachusetts Coalition for 21Occupational Safety and Health; and a representative of the Massachusetts Department of Higher 22Education’s Student Advisory Council. 23 (b) The commission shall assess and make recommendations for public higher education 24buildings relative to energy efficiency, spatial adequacy, life safety, accessibility, indoor 25environmental quality and public health. The commission shall be established not less than every 2610 years to monitor the implementation of its recommendations, and to conduct a new 27assessment if determined to be necessary by the commission. 28 (c) The commission shall determine the means of conducting its work, which shall 29include, but not be limited to: 30 (1) assessing the extent to which public higher education buildings in the commonwealth 31provide students a healthy environment that is conducive to learning while efficiently using 32energy and resources and limiting exposure to toxic building materials, referred to in this section 3 of 6 33as “green and healthy public higher education buildings”. Factors to be considered shall include, 34but not be limited to: (i) protection against infectious disease; (ii) sufficient ventilation and air 35circulation, including adequate outdoor air exchange, filtration and circulation; (iii) healthy 36indoor air quality, including limits on pollutants, exposure to toxic substances, chemical 37emissions and vapor intrusion; (iv) adequate availability of clean and safe water; (v) appropriate 38thermal comfort, humidity and temperature controls; (vi) protections against pests with effective 39use of integrated pest management; (vii) limits on pollutants, dust, mold and allergens; (viii) 40 appropriate artificial lighting and plentiful natural light; (ix) proper acoustic and noise 41control; (x) proper maintenance of mechanical systems; (xi) design that promotes physical 42activity and meets accessibility standards; (xii) opportunities to increase energy efficiency and 43efficient use of resources including low-flow fixtures; (xiii) opportunities to shift to fossil-free 44fuels; (xiv) proper access to greenspace; and (xv) opportunities for architectural design to 45enhance occupant safety. The assessment may rely on existing data or be objectively measured. 46The assessment shall include a public searchable online dashboard with the findings for all 47public higher education buildings in the commonwealth; and 48 (2) developing standards for green and healthy public higher education buildings. 49 (d) Members of the commission shall not receive compensation for their services but may 50receive reimbursement for the reasonable expenses incurred in carrying out their responsibilities 51as members of the commission. The commissioner of higher education shall furnish reasonable 52staff and other support for the work of the commission. 53 SECTION 2. Chapter 29 of the General Laws, as appearing in the 2022 Official Edition, 54is hereby amended by inserting after section 2AAAAAA the following 2 sections:- 4 of 6 55 Section 2BBBBBB. Public College and University Capital Debt Relief Fund 56 (a) There shall be a separate fund, to be administered by the board of higher education, 57which shall be known as the Public College and University Capital Debt Relief Fund. The fund 58shall be credited with: (i) appropriations, bond proceeds or other money authorized or transferred 59by the general court and specifically designated to be credited to the fund; (ii) funds from public 60and private sources, including, but not limited to gifts, grants and donations; and (iii) any interest 61earned on such funds. Amounts credited to the fund shall be used, without further appropriation, 62to provide financial relief for debt service associated with capital construction projects at 63commonwealth institutions of public higher education, as defined in section 5 of chapter 15A; 64provided, however, that, students shall not be charged fees for that portion of the debt service 65paid out of the fund. The board of higher education, in consultation with the trustees of the 66university of Massachusetts, shall determine the amounts to be allocated to each public higher 67education institution to cover debt service obligations; and provided further, that funds allocated 68from this reserve shall only be used to cover said debt service obligations and that public higher 69education institutions shall invest funds made available by relieving debt service obligations for 70hiring full-time faculty and staff, providing pay increases or other benefits for adjunct faculty, 71and in other student success programs including, but not limited to, additional supports for low- 72income students and students of color, using methods that improve the college experience and 73graduation rates. 74 Section 2CCCCCC. Green and Healthy Public College and University Building Fund 75 (a) There shall be a separate fund, to be administered by the board of higher education, 76which shall be known as the Green and Healthy Public College and University Building Fund. 5 of 6 77The fund shall be credited with: (i) appropriations, bond proceeds or other money authorized or 78transferred by the general court and specifically designated to be credited to the fund; (ii) funds 79from public and private sources, including, but not limited to gifts, grants and donations; and (iii) 80any interest earned on such funds. Amounts credited to the fund shall be used, without further 81appropriation, 82 to fund and implement the recommendations of the Green and Healthy Public College 83and University Building Planning Commission, established in section 46 of chapter 15A, for the 84renovation and rehabilitation of existing buildings and new building construction to meet the 85recommended green and healthy public higher education buildings standards. 86 SECTION 3. Notwithstanding any general or special law, rule or regulation to the 87contrary, after January 1, 2027, the costs associated with the construction of an academic, 88administrative or auxiliary building at a commonwealth institution of public higher education, as 89defined in section 5 of chapter 15A of the General Laws, shall be paid in full by the 90commonwealth from state funds or eligible federal funds and shall not be paid for with any 91public higher education institutional funds or financed through public building authorities or 92private entities; provided, that the costs associated with deferred maintenance and the 93assessment, upgrade or repair of any existing academic, administrative or auxiliary building at an 94institution of public higher education that is under the control and supervision of the department 95of capital asset management and maintenance shall be paid in full by the commonwealth. 96 SECTION 4. The Green and Healthy Public College and University Building Planning 97Commission, as established in section 48 of chapter 15A of the General Laws, shall create and 98recommend a plan for all existing and new public higher education buildings to equitably meet 6 of 6 99the standards for green and healthy public higher education buildings developed pursuant to 100paragraph (c) of section 48 of said chapter 15A, by 2037. The commission shall issue 101recommendations, including an analysis that summarizes the findings of its assessment of public 102higher education buildings in the commonwealth, for implementing green and healthy public 103higher education buildings standards for cost-effective renovation and rehabilitation of existing 104buildings and for new building construction, and a plan for implementing these standards for all 105public higher education buildings, by 2037. The recommendations shall prioritize addressing 106buildings with the greatest needs first. The recommendations shall consider the unique 107environmental conditions of buildings located in urban, industrial, and other areas facing 108particular site challenges and shall consider the need to address historic patterns of injustice and 109inequity in public higher education. The recommendations shall estimate the cost of bringing all 110buildings into compliance with the standards by 2037, including the ongoing cost of maintenance 111and repair, and recommend a plan to fund these costs, and shall also compare those costs with 112long-term savings in health and medical costs, energy costs, maintenance, life cycle assessment 113and other savings, and the growth in economic activity of bringing buildings to the standards, 114including increased jobs and job training. The first plan of the commission shall be published and 115submitted to the joint committee on ways and means and the joint committee on higher education 116not later than December 31, 2028. Prior to completing its assessment and issuing its 117recommendations, the commission shall conduct public hearings at every commonwealth 118institution of public higher education and shall consult with employee organizations, as defined 119in chapter 150E, representing employees at each institution of public higher education.