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HOUSE DOCKET, NO. 2368 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3476
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Marjorie C. Decker
_________________
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 healthy and sustainable schools.
_______________
PETITION OF:
NAME:DISTRICT/ADDRESS :DATE ADDED:Marjorie C. Decker25th Middlesex1/16/2025Steven Owens29th Middlesex2/10/2025Natalie M. Higgins4th Worcester2/10/2025Lindsay N. Sabadosa1st Hampshire2/10/2025Carmine Lawrence Gentile13th Middlesex2/18/2025Chynah Tyler7th Suffolk2/20/2025Paul McMurtry11th Norfolk2/20/2025Erika Uyterhoeven27th Middlesex2/20/2025James B. EldridgeMiddlesex and Worcester3/3/2025Samantha Montaño15th Suffolk3/5/2025Patricia A. Duffy5th Hampden3/11/2025James C. Arena-DeRosa8th Middlesex3/11/2025Adrianne Pusateri Ramos14th Essex3/11/2025Steven Ultrino33rd Middlesex3/11/2025 1 of 11
HOUSE DOCKET, NO. 2368 FILED ON: 1/16/2025
HOUSE . . . . . . . . . . . . . . . No. 3476
By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3476) of
Marjorie C. Decker and others relative to energy assessments and energy efficiency
improvements at schools and public institutions of higher education. Telecommunications,
Utilities and Energy.
The Commonwealth of Massachusetts
_______________
In the One Hundred and Ninety-Fourth General Court
(2025-2026)
_______________
An Act relative to healthy and sustainable 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 25A of the General Laws, as appearing in the 2022 Official
2Edition, is hereby amended by adding the following section:-
3 Section 25A. (a) For the purposes of this section, the following words shall, unless the
4context clearly requires otherwise, have the following meanings:
5 “Certified TAB Technician”, a person who is certified as a testing and balancing
6technician by one of the following:
7 (1)Associated Air Balance Council (AABC);
8 (2)National Environmental Balancing Bureau (NEBB); or
9 (3)Testing Adjusting and Balancing Bureau (TABB). 2 of 11
10 “Energy audit”, an investment-grade study of a school that yields recommendations on
11energy efficiency improvements and renewable energy systems to install on or nearly school
12properties. Energy audits shall estimate the costs, savings, and greenhouse gas reductions from
13implementing the recommendations and shall include a list of financing options, including
14federal, state, and local funding sources. Energy audits shall also include, but not be limited to,
15mechanical insulation evaluation and inspection of the building envelope(s).
16 “Energy efficiency improvements”, any improvement, repair, alteration, or betterment of
17any building or facility, subject to all applicable building codes, owned or operated by a public
18institution of higher education, municipally-owned institution of higher education, and public
19elementary and secondary school or any equipment, fixture, or furnishing to be added to or used
20in any such building or facility that is designed to reduce energy consumption. Energy efficiency
21improvements include, but are not limited to: adding square footage to existing school facilities;
22building envelope improvements; heating, ventilating, and cooling upgrades; lighting retrofits;
23installing or upgrading an energy management system; motor, pump, or fan replacements;
24domestic water use reductions; information technology improvements associated with an energy
25conservation improvement to school facilities; mechanical insulation; municipal utility
26improvements associated with an energy conservation improvement to school facilities; and
27upgrading other energy consuming equipment or appliances.
28 “Environmental justice communities”, a population with an annual median household
29income of not more than 65 per cent of the statewide median income or with a segment of the
30population that consists of not less than 25 per cent minority, foreign born, or lacking in English
31language proficiency based on the most recent United States census. 3 of 11
32 “Historically marginalized communities”, a community that has historically suffered
33from discrimination and has not had equal access to public or private economic benefits due to
34the race, ethnicity, gender, geography, language preference, immigrant or citizen status, sexual
35orientation, gender identity, socioeconomic status, or disability status of its members.
36 “Mechanical engineer”, a professional engineer registered as a mechanical engineer by
37the board of professional engineers and land surveyors, pursuant to section 81E of chapter 112,
38and who has professional experience with heating, ventilation, and air conditioning systems.
39 “Mechanical ventilation system”, a building ventilation system provided by mechanically
40powered, permanent equipment, such as motor-driven fans and blowers, and includes carbon
41dioxide monitoring. The term does not include devices such as wind-driven turbine ventilators,
42portable air cleaning and filtration devices, and mechanically operated windows.
43 “Office”, the Healthy and Sustainable Schools Office.
44 “Renewable energy systems”, energy generated from any source that qualifies as a Class
451 or Class II renewable energy source under section 11F of chapter 25A.
46 “School Building Authorities”, the Massachusetts School Building Authority, University
47of Massachusetts Building Authority, and Massachusetts State College Building Authority.
48 “Skilled and trained construction workforce”, a workforce, compensated, at minimum, in
49conformance with section 26 through 27D, inclusive, of chapter 149, for the purposes of this act,
50in which at least 60% of the workers are graduates of or registered in and attending an
51apprenticeship program registered with a Bona Fide Apprenticeship Training Program
52(“BFATP”). A BFATP is one that is currently registered with and approved by the United States 4 of 11
53Department of Labor or a state apprenticeship agency and has graduated apprentices to
54journeyperson status for at least three of the past five years.
55 “Qualified adjusting personnel”, means either of the following:
56 (1)A certified TAB technician; or
57 (2)A skilled and trained workforce under the supervision of a certified TAB
58technician.
59 “Qualified testing personnel”, a certified TAB technician or a person certified to perform
60ventilation verification assessments of heating, ventilation, and air conditioning systems through
61a certification body accredited under the ISO/IEC 17024 Personnel Certification standard.
62 (c) (1) In the Department of Energy Resources within the Executive Office of Energy and
63Environmental Affairs, there shall be a Healthy and Sustainable Schools Office. The office shall
64carry out its duties and responsibilities in coordination with the School Building Authorities.
65 (2) The office shall have a director appointed by the governor; two members appointed
66by the senate president, one of whom shall be a representative of organized labor; two members
67appointed by the speaker of the house, one of whom shall be a representative of organized labor.
68The office shall employ architects, consulting engineers, attorneys, construction, financial and
69other experts, superintendents, managers, and such other employees and agents as may be
70necessary in its judgment.
71 (3) The office shall conduct energy audits at all public institutions of higher education,
72municipally-owned institutions of higher education, and public elementary and secondary
73schools. Energy audits shall be prioritized for public institutions of higher education, 5 of 11
74municipally-owned institutions of higher education, and public elementary and secondary
75schools located in environmental justice communities.
76 (4) Energy audits shall include a ventilation verification assessment to be performed by
77qualified testing personnel and shall be conducted no less than every five years thereafter.
78Ventilation verification documentation shall be submitted to a mechanical engineer for the
79development of an assessment report. The ventilation verification assessment documentation for
80a heating, ventilation, and air conditioning system shall include:
81
82 (i) documentation of HVAC equipment and motor nameplate data;
83 (ii) testing for maximum system capacity and airflow to determine the highest Minimum
84Efficiency Reporting Value (MERV) filtration that can be installed without adversely impacting
85equipment;
86 (iii) physical measurements of outside air rate at minimum and maximum load
87conditions;
88 (iv) for each zone, documentation of the estimated number of occupants and current
89occupancy categories as listed in the International Mechanical Code, Table 403.1.1, as adopted
90by the Commonwealth of Massachusetts;
91 (v) measurement of all exhaust air volume for exhaust fans, including restrooms;
92 (vi) verification of operation of ventilation components including economizers and
93demand control ventilation as applicable; 6 of 11
94 (vii) measurement of all air distribution inlets and outlets;
95 (viii) verification and documentation of building pressure, individual classroom pressure,
96and any rooms designed to be negative pressure spaces;
97 (ix) verification of unit operation and that required maintenance has been performed in
98accordance with ASHRAE Standard 62.1-2022 Section 8 and Table 8-1.
99 (x) verification of control sequences to verify systems operate continuously during
100occupied hours to maintain the intended filtration, ventilation, and temperature setpoints; and
101 (xi) verification of existing carbon dioxide sensors or as an indicator of proper ventilation
102throughout the school year, all classrooms shall be equipped with a CO2 monitor that conforms
103to the recommendations of the University of California - Davis, Western Cooling and Efficiency
104Center white paper on Proposed Ventilation and Energy Efficiency Verification/Repair Program
105for School Reopening.
106 A qualified testing personnel shall document the ventilation assessment and prepare an
107HVAC Assessment Report for review by a mechanical engineer. A mechanical engineer shall
108review the HVAC assessment report, verify or adjust the minimum outside air ventilation rates
109and determine what, if any, additional adjustments, repairs, upgrades, or replacements would be
110necessary to meet the minimum ventilation and filtration requirements of the local code authority
111and follow the criteria of the most recent edition of the Massachusetts Mechanical Code, and
112provide a cost estimate for all recommended work.
113 The office shall require all school districts to make the appropriate corrective actions
114identified in the ventilation assessment report as reviewed by a mechanical engineer. The 7 of 11
115corrective actions shall include testing, adjusting, and balancing the public school mechanical
116ventilation system and, if necessary or cost effective, repairs, upgrades, or replacement of the
117existing heating, ventilation, and air conditioning system or the installation of a stand-alone
118mechanical ventilation system. The corrective actions identified in the ventilation assessment
119report may include general maintenance, reading and adjustment of ventilation rates, filter
120replacement to meet a Minimum Efficiency Reporting Value (MERV) of at least 13 if equipment
121allows, while assuring the pressure drop is less than the fan’s capability, direct outside airflow
122intake measurement, or whole system installation or replacement. Portable filtration and air
123cleaners shall be used only if the existing heating, ventilation and air conditioning infrastructure
124cannot meet minimum filtration and ventilation requirements or, as recommended by a
125mechanical engineer, as a supplemental enhancement to the permanent heating, ventilation, and
126air conditioning system or there are concerns with outdoor air contaminants such as those created
127by wildfires and pollution. All HVAC repairs, upgrades, or replacements shall be performed by a
128skilled and trained workforce. All HVAC adjustments shall be performed by qualified adjusting
129personnel.
130 School districts shall ensure that all work required by the ventilation assessment is
131performed using a skilled and trained construction workforce and rules promulgated in
132accordance with this act. The office shall work in consultation with the department of labor
133standards to ensure that the assessments and construction required by this act meet all standards
134and requirements of the Massachusetts state building code.
135 (5) The results of each energy audit shall be memorialized by the office and shall be
136provided to the applicable school and School Building Authorities. The office shall retain a copy
137of each energy audit and promptly make the results available for public inspection on its website. 8 of 11
138Any information sensitive to school safety and security shall be redacted before being made
139public.
140 (6) The office shall facilitate implementing recommended energy efficiency
141improvements and installing renewable energy systems on or nearby school property. The office
142is authorized and encouraged to aggregate projects to maximize efficiency, including but not
143limited to, negotiating bulk purchases of renewable energy and energy efficiency equipment,
144energy audits, and installation services. The office shall prioritize installing energy efficiency
145improvements and renewable energy systems at schools located in environmental justice
146communities.
147 (7) Third party contractors shall be prohibited from performing both energy audits and
148installing energy efficiency improvements and renewable energy systems at the same school.
149 (8) The office shall seek public input from stakeholders, including but not limited to,
150school boards, labor union representatives, and community members when implementing
151recommended energy efficiency improvements and installing renewable energy systems.
152 (9) The office is authorized to make and enter into all contracts and agreements necessary
153or incidental to the performance of its duties and the execution of its powers under this act.
154 (10) The office shall ensure that contractors and subcontractors of all tiers engaging in the
155construction and installation of energy efficient improvements and renewable energy systems
156submit sworn certifications as part of the bidding process that the firm will:
157 (i) provide documentation of its participation in a state or federally registered
158apprenticeship training program for each trade in which it employs craft workers; 9 of 11
159 (ii) ensure that each employee on the project will be paid, at minimum, wages and
160benefits that are not less than the prevailing wage and fringe benefits rates as prescribed in
161sections 26 through 27D, inclusive, of chapter 149, for the corresponding classification in which
162the employee is employed;
163 (iii) comply with the commonwealth’s public bidding laws, including section 39M of
164chapter 30, section 44A of chapter 149, and section 8 of chapter 149A, as applicable;
165 (iv) comply with all other applicable federal, state, and local laws;
166 (v) prioritize hiring residents from environmental justice communities and members of
167historically marginalized communities;
168 (vi) comply with all state and local hiring goals for women, minorities, and veterans;
169 (vii) provide documentation of its partnership(s) with high-quality pre-apprenticeship
170training programs; and
171 (viii) become signatory to a project labor agreement if such an agreement is selected as
172the project delivery method for the construction by the contracting authority.
173 A bid will not be considered complete and ready for review until all certifications have
174been submitted as part of its bid package. The failure to include complete and accurate
175certifications prior to the bid deadline shall be grounds for disqualification from the bidding
176process.
177 (11) The office shall ensure that contractors and subcontractors of all tiers, as part of the
178bid process, disclose and certify the following: 10 of 11
179 (i) contractors and subcontractors on the project are currently, and will remain, in
180compliance with chapters 149, 151, 151A, 151B, and 152 and 29 U.S.C. section 201, et seq. and
181federal anti-discrimination laws for the duration of the project;
182 (ii) contractors and subcontractors on the project have complied with chapters 149, 151,
183151A, 151B, and 152 and 29 U.S.C. section 201, et seq. and federal anti-discrimination laws for
184the last three (3) calendar years; and
185 (iii) when contractors or subcontractors on the project cannot meet the certification
186requirements provided for in paragraphs (1) and (2) of this subsection, the contractors and
187subcontractors must submit proof of a wage bond or other comparable form of insurance in an
188amount equal to the aggregate of one year’s gross wages for all workers projected to be
189employed by the contractor or subcontractor for which certification is unavailable, to be
190maintained for the life of the project.
191 (d) (1) The state shall appropriate funds to a revolving fund to finance activities
192authorized under this act including, but not limited to, providing energy audits and installing
193energy efficiency improvements and renewable energy systems on or nearby school property.
194The office shall be responsible for administering this fund.
195 (2) The office shall apply for, receive, and accept funding from local and federal sources
196to carry out its duties, including but not limited to the following sources:
197 (i) funding authorized under Pub. L. 117-58, including but not limited to funding
198programs under the Department of Energy’s State and Community Energy Program; 11 of 11
199 (ii) funding authorized under Pub. L. 117-69, including but not limited to the Greenhouse
200Gas Reduction Fund;
201 (iii) funding authorized under Pub. L. 117-2, including but not limited to funds for
202elementary and secondary emergency relief;
203 (iv) state bonds;
204 (v) funding from green banks; and
205 (vi) department funding.
206 SECTION 2. This act shall take effect on 1/1/2026.