Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H3476 Compare Versions

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

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2	2	HOUSE DOCKET, NO. 2368 FILED ON: 1/16/2025
3	3	HOUSE . . . . . . . . . . . . . . . No. 3476
4	4	The Commonwealth of Massachusetts
5	5	_________________
6	6	PRESENTED BY:
7	7	Marjorie C. Decker
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 relative to healthy and sustainable schools.
13	13	_______________
14	14	PETITION OF:
15	15	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
16	16	HOUSE DOCKET, NO. 2368 FILED ON: 1/16/2025
17	17	HOUSE . . . . . . . . . . . . . . . No. 3476
18	18	By Representative Decker of Cambridge, a petition (accompanied by bill, House, No. 3476) of
19	19	Marjorie C. Decker and others relative to energy assessments and energy efficiency
20	20	improvements at schools and public institutions of higher education. Telecommunications,
21	21	Utilities and Energy.
22	22	The Commonwealth of Massachusetts
23	23	_______________
24	24	In the One Hundred and Ninety-Fourth General Court
25	25	(2025-2026)
26	26	_______________
27	27	An Act relative to healthy and sustainable schools.
28	28	Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
29	29	of the same, as follows:
30	30	1 SECTION 1. Chapter 25A of the General Laws, as appearing in the 2022 Official
31	31	2Edition, is hereby amended by adding the following section:-
32	32	3 Section 25A. (a) For the purposes of this section, the following words shall, unless the
33	33	4context clearly requires otherwise, have the following meanings:
34	34	5 “Certified TAB Technician”, a person who is certified as a testing and balancing
35	35	6technician by one of the following:
36	36	7 (1)Associated Air Balance Council (AABC);
37	37	8 (2)National Environmental Balancing Bureau (NEBB); or
38	38	9 (3)Testing Adjusting and Balancing Bureau (TABB). 2 of 11
39	39	10 “Energy audit”, an investment-grade study of a school that yields recommendations on
40	40	11energy efficiency improvements and renewable energy systems to install on or nearly school
41	41	12properties. Energy audits shall estimate the costs, savings, and greenhouse gas reductions from
42	42	13implementing the recommendations and shall include a list of financing options, including
43	43	14federal, state, and local funding sources. Energy audits shall also include, but not be limited to,
44	44	15mechanical insulation evaluation and inspection of the building envelope(s).
45	45	16 “Energy efficiency improvements”, any improvement, repair, alteration, or betterment of
46	46	17any building or facility, subject to all applicable building codes, owned or operated by a public
47	47	18institution of higher education, municipally-owned institution of higher education, and public
48	48	19elementary and secondary school or any equipment, fixture, or furnishing to be added to or used
49	49	20in any such building or facility that is designed to reduce energy consumption. Energy efficiency
50	50	21improvements include, but are not limited to: adding square footage to existing school facilities;
51	51	22building envelope improvements; heating, ventilating, and cooling upgrades; lighting retrofits;
52	52	23installing or upgrading an energy management system; motor, pump, or fan replacements;
53	53	24domestic water use reductions; information technology improvements associated with an energy
54	54	25conservation improvement to school facilities; mechanical insulation; municipal utility
55	55	26improvements associated with an energy conservation improvement to school facilities; and
56	56	27upgrading other energy consuming equipment or appliances.
57	57	28 “Environmental justice communities”, a population with an annual median household
58	58	29income of not more than 65 per cent of the statewide median income or with a segment of the
59	59	30population that consists of not less than 25 per cent minority, foreign born, or lacking in English
60	60	31language proficiency based on the most recent United States census. 3 of 11
61	61	32 “Historically marginalized communities”, a community that has historically suffered
62	62	33from discrimination and has not had equal access to public or private economic benefits due to
63	63	34the race, ethnicity, gender, geography, language preference, immigrant or citizen status, sexual
64	64	35orientation, gender identity, socioeconomic status, or disability status of its members.
65	65	36 “Mechanical engineer”, a professional engineer registered as a mechanical engineer by
66	66	37the board of professional engineers and land surveyors, pursuant to section 81E of chapter 112,
67	67	38and who has professional experience with heating, ventilation, and air conditioning systems.
68	68	39 “Mechanical ventilation system”, a building ventilation system provided by mechanically
69	69	40powered, permanent equipment, such as motor-driven fans and blowers, and includes carbon
70	70	41dioxide monitoring. The term does not include devices such as wind-driven turbine ventilators,
71	71	42portable air cleaning and filtration devices, and mechanically operated windows.
72	72	43 “Office”, the Healthy and Sustainable Schools Office.
73	73	44 “Renewable energy systems”, energy generated from any source that qualifies as a Class
74	74	451 or Class II renewable energy source under section 11F of chapter 25A.
75	75	46 “School Building Authorities”, the Massachusetts School Building Authority, University
76	76	47of Massachusetts Building Authority, and Massachusetts State College Building Authority.
77	77	48 “Skilled and trained construction workforce”, a workforce, compensated, at minimum, in
78	78	49conformance with section 26 through 27D, inclusive, of chapter 149, for the purposes of this act,
79	79	50in which at least 60% of the workers are graduates of or registered in and attending an
80	80	51apprenticeship program registered with a Bona Fide Apprenticeship Training Program
81	81	52(“BFATP”). A BFATP is one that is currently registered with and approved by the United States 4 of 11
82	82	53Department of Labor or a state apprenticeship agency and has graduated apprentices to
83	83	54journeyperson status for at least three of the past five years.
84	84	55 “Qualified adjusting personnel”, means either of the following:
85	85	56 (1)A certified TAB technician; or
86	86	57 (2)A skilled and trained workforce under the supervision of a certified TAB
87	87	58technician.
88	88	59 “Qualified testing personnel”, a certified TAB technician or a person certified to perform
89	89	60ventilation verification assessments of heating, ventilation, and air conditioning systems through
90	90	61a certification body accredited under the ISO/IEC 17024 Personnel Certification standard.
91	91	62 (c) (1) In the Department of Energy Resources within the Executive Office of Energy and
92	92	63Environmental Affairs, there shall be a Healthy and Sustainable Schools Office. The office shall
93	93	64carry out its duties and responsibilities in coordination with the School Building Authorities.
94	94	65 (2) The office shall have a director appointed by the governor; two members appointed
95	95	66by the senate president, one of whom shall be a representative of organized labor; two members
96	96	67appointed by the speaker of the house, one of whom shall be a representative of organized labor.
97	97	68The office shall employ architects, consulting engineers, attorneys, construction, financial and
98	98	69other experts, superintendents, managers, and such other employees and agents as may be
99	99	70necessary in its judgment.
100	100	71 (3) The office shall conduct energy audits at all public institutions of higher education,
101	101	72municipally-owned institutions of higher education, and public elementary and secondary
102	102	73schools. Energy audits shall be prioritized for public institutions of higher education, 5 of 11
103	103	74municipally-owned institutions of higher education, and public elementary and secondary
104	104	75schools located in environmental justice communities.
105	105	76 (4) Energy audits shall include a ventilation verification assessment to be performed by
106	106	77qualified testing personnel and shall be conducted no less than every five years thereafter.
107	107	78Ventilation verification documentation shall be submitted to a mechanical engineer for the
108	108	79development of an assessment report. The ventilation verification assessment documentation for
109	109	80a heating, ventilation, and air conditioning system shall include:
110	110	81
111	111	82 (i) documentation of HVAC equipment and motor nameplate data;
112	112	83 (ii) testing for maximum system capacity and airflow to determine the highest Minimum
113	113	84Efficiency Reporting Value (MERV) filtration that can be installed without adversely impacting
114	114	85equipment;
115	115	86 (iii) physical measurements of outside air rate at minimum and maximum load
116	116	87conditions;
117	117	88 (iv) for each zone, documentation of the estimated number of occupants and current
118	118	89occupancy categories as listed in the International Mechanical Code, Table 403.1.1, as adopted
119	119	90by the Commonwealth of Massachusetts;
120	120	91 (v) measurement of all exhaust air volume for exhaust fans, including restrooms;
121	121	92 (vi) verification of operation of ventilation components including economizers and
122	122	93demand control ventilation as applicable; 6 of 11
123	123	94 (vii) measurement of all air distribution inlets and outlets;
124	124	95 (viii) verification and documentation of building pressure, individual classroom pressure,
125	125	96and any rooms designed to be negative pressure spaces;
126	126	97 (ix) verification of unit operation and that required maintenance has been performed in
127	127	98accordance with ASHRAE Standard 62.1-2022 Section 8 and Table 8-1.
128	128	99 (x) verification of control sequences to verify systems operate continuously during
129	129	100occupied hours to maintain the intended filtration, ventilation, and temperature setpoints; and
130	130	101 (xi) verification of existing carbon dioxide sensors or as an indicator of proper ventilation
131	131	102throughout the school year, all classrooms shall be equipped with a CO2 monitor that conforms
132	132	103to the recommendations of the University of California - Davis, Western Cooling and Efficiency
133	133	104Center white paper on Proposed Ventilation and Energy Efficiency Verification/Repair Program
134	134	105for School Reopening.
135	135	106 A qualified testing personnel shall document the ventilation assessment and prepare an
136	136	107HVAC Assessment Report for review by a mechanical engineer. A mechanical engineer shall
137	137	108review the HVAC assessment report, verify or adjust the minimum outside air ventilation rates
138	138	109and determine what, if any, additional adjustments, repairs, upgrades, or replacements would be
139	139	110necessary to meet the minimum ventilation and filtration requirements of the local code authority
140	140	111and follow the criteria of the most recent edition of the Massachusetts Mechanical Code, and
141	141	112provide a cost estimate for all recommended work.
142	142	113 The office shall require all school districts to make the appropriate corrective actions
143	143	114identified in the ventilation assessment report as reviewed by a mechanical engineer. The 7 of 11
144	144	115corrective actions shall include testing, adjusting, and balancing the public school mechanical
145	145	116ventilation system and, if necessary or cost effective, repairs, upgrades, or replacement of the
146	146	117existing heating, ventilation, and air conditioning system or the installation of a stand-alone
147	147	118mechanical ventilation system. The corrective actions identified in the ventilation assessment
148	148	119report may include general maintenance, reading and adjustment of ventilation rates, filter
149	149	120replacement to meet a Minimum Efficiency Reporting Value (MERV) of at least 13 if equipment
150	150	121allows, while assuring the pressure drop is less than the fan’s capability, direct outside airflow
151	151	122intake measurement, or whole system installation or replacement. Portable filtration and air
152	152	123cleaners shall be used only if the existing heating, ventilation and air conditioning infrastructure
153	153	124cannot meet minimum filtration and ventilation requirements or, as recommended by a
154	154	125mechanical engineer, as a supplemental enhancement to the permanent heating, ventilation, and
155	155	126air conditioning system or there are concerns with outdoor air contaminants such as those created
156	156	127by wildfires and pollution. All HVAC repairs, upgrades, or replacements shall be performed by a
157	157	128skilled and trained workforce. All HVAC adjustments shall be performed by qualified adjusting
158	158	129personnel.
159	159	130 School districts shall ensure that all work required by the ventilation assessment is
160	160	131performed using a skilled and trained construction workforce and rules promulgated in
161	161	132accordance with this act. The office shall work in consultation with the department of labor
162	162	133standards to ensure that the assessments and construction required by this act meet all standards
163	163	134and requirements of the Massachusetts state building code.
164	164	135 (5) The results of each energy audit shall be memorialized by the office and shall be
165	165	136provided to the applicable school and School Building Authorities. The office shall retain a copy
166	166	137of each energy audit and promptly make the results available for public inspection on its website. 8 of 11
167	167	138Any information sensitive to school safety and security shall be redacted before being made
168	168	139public.
169	169	140 (6) The office shall facilitate implementing recommended energy efficiency
170	170	141improvements and installing renewable energy systems on or nearby school property. The office
171	171	142is authorized and encouraged to aggregate projects to maximize efficiency, including but not
172	172	143limited to, negotiating bulk purchases of renewable energy and energy efficiency equipment,
173	173	144energy audits, and installation services. The office shall prioritize installing energy efficiency
174	174	145improvements and renewable energy systems at schools located in environmental justice
175	175	146communities.
176	176	147 (7) Third party contractors shall be prohibited from performing both energy audits and
177	177	148installing energy efficiency improvements and renewable energy systems at the same school.
178	178	149 (8) The office shall seek public input from stakeholders, including but not limited to,
179	179	150school boards, labor union representatives, and community members when implementing
180	180	151recommended energy efficiency improvements and installing renewable energy systems.
181	181	152 (9) The office is authorized to make and enter into all contracts and agreements necessary
182	182	153or incidental to the performance of its duties and the execution of its powers under this act.
183	183	154 (10) The office shall ensure that contractors and subcontractors of all tiers engaging in the
184	184	155construction and installation of energy efficient improvements and renewable energy systems
185	185	156submit sworn certifications as part of the bidding process that the firm will:
186	186	157 (i) provide documentation of its participation in a state or federally registered
187	187	158apprenticeship training program for each trade in which it employs craft workers; 9 of 11
188	188	159 (ii) ensure that each employee on the project will be paid, at minimum, wages and
189	189	160benefits that are not less than the prevailing wage and fringe benefits rates as prescribed in
190	190	161sections 26 through 27D, inclusive, of chapter 149, for the corresponding classification in which
191	191	162the employee is employed;
192	192	163 (iii) comply with the commonwealth’s public bidding laws, including section 39M of
193	193	164chapter 30, section 44A of chapter 149, and section 8 of chapter 149A, as applicable;
194	194	165 (iv) comply with all other applicable federal, state, and local laws;
195	195	166 (v) prioritize hiring residents from environmental justice communities and members of
196	196	167historically marginalized communities;
197	197	168 (vi) comply with all state and local hiring goals for women, minorities, and veterans;
198	198	169 (vii) provide documentation of its partnership(s) with high-quality pre-apprenticeship
199	199	170training programs; and
200	200	171 (viii) become signatory to a project labor agreement if such an agreement is selected as
201	201	172the project delivery method for the construction by the contracting authority.
202	202	173 A bid will not be considered complete and ready for review until all certifications have
203	203	174been submitted as part of its bid package. The failure to include complete and accurate
204	204	175certifications prior to the bid deadline shall be grounds for disqualification from the bidding
205	205	176process.
206	206	177 (11) The office shall ensure that contractors and subcontractors of all tiers, as part of the
207	207	178bid process, disclose and certify the following: 10 of 11
208	208	179 (i) contractors and subcontractors on the project are currently, and will remain, in
209	209	180compliance with chapters 149, 151, 151A, 151B, and 152 and 29 U.S.C. section 201, et seq. and
210	210	181federal anti-discrimination laws for the duration of the project;
211	211	182 (ii) contractors and subcontractors on the project have complied with chapters 149, 151,
212	212	183151A, 151B, and 152 and 29 U.S.C. section 201, et seq. and federal anti-discrimination laws for
213	213	184the last three (3) calendar years; and
214	214	185 (iii) when contractors or subcontractors on the project cannot meet the certification
215	215	186requirements provided for in paragraphs (1) and (2) of this subsection, the contractors and
216	216	187subcontractors must submit proof of a wage bond or other comparable form of insurance in an
217	217	188amount equal to the aggregate of one year’s gross wages for all workers projected to be
218	218	189employed by the contractor or subcontractor for which certification is unavailable, to be
219	219	190maintained for the life of the project.
220	220	191 (d) (1) The state shall appropriate funds to a revolving fund to finance activities
221	221	192authorized under this act including, but not limited to, providing energy audits and installing
222	222	193energy efficiency improvements and renewable energy systems on or nearby school property.
223	223	194The office shall be responsible for administering this fund.
224	224	195 (2) The office shall apply for, receive, and accept funding from local and federal sources
225	225	196to carry out its duties, including but not limited to the following sources:
226	226	197 (i) funding authorized under Pub. L. 117-58, including but not limited to funding
227	227	198programs under the Department of Energy’s State and Community Energy Program; 11 of 11
228	228	199 (ii) funding authorized under Pub. L. 117-69, including but not limited to the Greenhouse
229	229	200Gas Reduction Fund;
230	230	201 (iii) funding authorized under Pub. L. 117-2, including but not limited to funds for
231	231	202elementary and secondary emergency relief;
232	232	203 (iv) state bonds;
233	233	204 (v) funding from green banks; and
234	234	205 (vi) department funding.
235	235	206 SECTION 2. This act shall take effect on 1/1/2026.