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2 | 2 | | HOUSE DOCKET, NO. 2890 FILED ON: 1/16/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 2520 |
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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 | | David M. Rogers and Steven Owens |
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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 relative to improving asthma in schools. |
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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:David M. Rogers24th Middlesex1/16/2025Steven Owens29th Middlesex1/16/2025Patrick Joseph Kearney4th Plymouth1/22/2025 1 of 5 |
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16 | 16 | | HOUSE DOCKET, NO. 2890 FILED ON: 1/16/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 2520 |
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18 | 18 | | By Representatives Rogers of Cambridge and Owens of Watertown, a petition (accompanied by |
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19 | 19 | | bill, House, No. 2520) of David M. Rogers, Steven Owens and Patrick Joseph Kearney relative |
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20 | 20 | | to improving environmental conditions to reduce asthma in schools. Public Health. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 2258 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to improving asthma in schools. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 Chapter 111 of the General Laws, as appearing in the 2022 Official Edition, is hereby |
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32 | 32 | | 2amended by inserting after section 5S the following section:- |
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33 | 33 | | 3 Section 5T. (a) As used in this section, the following words shall, unless the context |
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34 | 34 | | 4clearly indicates otherwise, have the following meanings:- |
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35 | 35 | | 5 “Cleaning product”, a product intended for use for routine cleaning, including but not |
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36 | 36 | | 6limited to general purpose and all-purpose cleaners, glass, carpet, and bathroom cleaners, |
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37 | 37 | | 7appliance cleaners, and floor and carpet care products (cleaner, finisher, polisher, and stripper); |
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38 | 38 | | 8but shall not apply to disinfectants or sanitizers regulated by the United States Environmental |
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39 | 39 | | 9Protection Agency under the Federal Insecticide, Fungicide and Rodenticide Act 7 U.S.C. 2 of 5 |
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40 | 40 | | 10section 136 et seq. or as required by other federal or state regulations or antimicrobial hand soaps |
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41 | 41 | | 11regulated by the Food and Drug Administration. |
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42 | 42 | | 12 "Department", department of public health. |
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43 | 43 | | 13 “Environmentally preferable products and services”, cleaning products or services that |
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44 | 44 | | 14perform effectively and have a lesser or reduced effect on human health and the environment |
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45 | 45 | | 15when compared to competing products or services that serve the same purpose. |
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46 | 46 | | 16 “Environmentally preferable purchasing criteria”, standards for evaluating products that |
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47 | 47 | | 17have been established by reputable third-party certifying organizations as specified by the |
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48 | 48 | | 18operational services division in the commonwealth’s statewide contract for environmentally |
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49 | 49 | | 19preferable cleaning products, programs, equipment, and supplies. The department shall rely on |
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50 | 50 | | 20multiple third-party certifying organizations, including, at a minimum, the United States |
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51 | 51 | | 21Environmental Protection Agency’s Design for the Environment (DfE) program, the United |
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52 | 52 | | 22States Environmental Protection Agency’s Safer Choice program, EcoLogo, and GreenSeal. |
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53 | 53 | | 23 "HEPA vacuums", a high-efficiency particulate air filter vacuuming device. |
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54 | 54 | | 24 “Public school”, an elementary, secondary, high, charter or innovation school operated by |
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55 | 55 | | 25a public school district or board of trustees pursuant to chapter 71. |
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56 | 56 | | 26 (b) (1) The department shall recommend a public school with a pediatric asthma |
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57 | 57 | | 27prevalence of 20 per cent or higher, or the highest quartile of pediatric asthma prevalence, to |
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58 | 58 | | 28develop an indoor air quality management plan that describes the measures to be taken to |
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59 | 59 | | 29provide good and improved indoor air quality to reduce the levels of indoor air pollutants |
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60 | 60 | | 30through preventive measures to promote a comfortable and healthy learning and working 3 of 5 |
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61 | 61 | | 31environment; plan objectives may include, but are not limited to: (i) routine maintenance |
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62 | 62 | | 32activities; (ii) periodic building evaluations and inspections; (iii) maintenance of adequate air |
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63 | 63 | | 33exchanges by repairing and maintaining ventilation equipment; and (iv) effectively |
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64 | 64 | | 34communicating corrective steps to all interested parties. Any indoor air quality management plan |
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65 | 65 | | 35shall include the use of HEPA vacuums which shall be specified in any cleaning contract entered |
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66 | 66 | | 36into by a public school for the purposes of implementing the air quality management plan. |
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67 | 67 | | 37 (2) A public school under this subsection shall be recommended to create an |
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68 | 68 | | 38environmental health committee that shall consist of the school superintendent or designee, |
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69 | 69 | | 39school superintendent assistant or designee, the facilities or custodial director or designee, the |
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70 | 70 | | 40indoor integrated pest management coordinator or designee, a school nurse, a teacher, and a |
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71 | 71 | | 41parent; provided that the committee may consist of other health professionals, local government |
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72 | 72 | | 42agencies, community organizations, asthma coalitions, and others as appropriate in the |
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73 | 73 | | 43assessment of current conditions and operations and in the development of strategies to improve |
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74 | 74 | | 44indoor asthma triggers in schools and to protect the health of students, faculty, and staff. The |
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75 | 75 | | 45committee shall be trained with expertise to assess current school building conditions and |
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76 | 76 | | 46operations. The committee shall develop an indoor air quality management plan to improve |
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77 | 77 | | 47indoor asthma triggers in schools and to protect the health of students, faculty, and staff. The |
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78 | 78 | | 48committee shall sponsor activities to engage the school and community to raise awareness of the |
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79 | 79 | | 49importance of asthma and environmental triggers. The committee may secure financial assistance |
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80 | 80 | | 50through grants or other revenue sources to address environmental concerns. The department shall |
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81 | 81 | | 51develop a school indoor air quality training program to educate the committee members on how |
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82 | 82 | | 52to identify problems, develop methods to improve indoor air quality, and implement an indoor |
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83 | 83 | | 53air quality management plan. The objectives of any air quality management plan developed by 4 of 5 |
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84 | 84 | | 54the committee may include but are not limited to (i) routine maintenance activities; (ii) periodic |
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85 | 85 | | 55building evaluations and inspections; (iii) maintenance of adequate air exchanges by repairing |
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86 | 86 | | 56and maintaining ventilation equipment; and (iv) effectively communicating corrective steps to all |
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87 | 87 | | 57interested parties. Any indoor air quality management plan developed by the committee shall |
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88 | 88 | | 58include the use of HEPA vacuums which shall be specified in any cleaning contract entered into |
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89 | 89 | | 59by a public school for the purposes of implementing the air quality management plan. |
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90 | 90 | | 60 (c) (1) Beginning September 1, 2024, cleaning products shall not be used in any public |
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91 | 91 | | 61school unless the cleaning product meets environmentally preferable purchasing criteria. A |
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92 | 92 | | 62public school may purchase environmentally preferable products and services through statewide |
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93 | 93 | | 63contract vendors or through outside vendors; provided that such vendor meets environmentally |
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94 | 94 | | 64preferable purchasing criteria. |
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95 | 95 | | 65 (2) A public school under this subsection shall report environmentally preferable cleaning |
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96 | 96 | | 66products and services purchased to the department, including but not limited to vendor, |
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97 | 97 | | 67manufacturer name, and product name. |
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98 | 98 | | 68 (3) An individual who attends or works in a public school who experiences adverse |
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99 | 99 | | 69health effects from allergic or hypersensitivity reaction from exposure to the environmentally |
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100 | 100 | | 70preferable products and services in use pursuant to this section may request, and the facility may |
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101 | 101 | | 71utilize, other suitable materials as determined by the individual and provided by the facility. The |
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102 | 102 | | 72request shall be placed in writing and a copy shall be sent to the commissioner. |
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103 | 103 | | 73 (4) The department shall recommend a public school with a pediatric asthma prevalence |
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104 | 104 | | 74of 20 per cent or higher, or the highest quartile of pediatric asthma prevalence, to purchase 5 of 5 |
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105 | 105 | | 75environmentally preferable cleaning products and services that are approved by the United States |
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106 | 106 | | 76Environmental Protection Agency. |
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107 | 107 | | 77 (d) The superintendent or designee, facilities/custodial director or designee, indoor |
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108 | 108 | | 78integrated pest management coordinator or designee, and janitorial staff shall be trained in the |
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109 | 109 | | 79use of environmentally preferable products and services prior to implementation of this section |
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110 | 110 | | 80in a public school. Vendors of environmentally preferable products and services that are not |
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111 | 111 | | 81contracted with the state but are purchased by a public school shall have trained staff and |
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112 | 112 | | 82necessary tools for such training. |
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