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2 | 2 | | HOUSE DOCKET, NO. 764 FILED ON: 1/13/2025 |
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3 | 3 | | HOUSE . . . . . . . . . . . . . . . No. 509 |
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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 | | Brian M. Ashe |
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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 the safety of schools, residences, and public assemblies. |
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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:Brian M. Ashe2nd Hampden1/13/2025 1 of 4 |
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16 | 16 | | HOUSE DOCKET, NO. 764 FILED ON: 1/13/2025 |
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17 | 17 | | HOUSE . . . . . . . . . . . . . . . No. 509 |
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18 | 18 | | By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 509) of |
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19 | 19 | | Brian M. Ashe for the establishment of a school carbon monoxide safety trust fund to be |
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20 | 20 | | administered by the Commissioner of Elementary and Secondary Education. Education. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE HOUSE, NO. 427 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 the safety of schools, residences, and public assemblies. |
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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 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after |
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32 | 32 | | 2 section 2KKKK the following section:- |
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33 | 33 | | 3 Section 2LLLL. (a) There shall be established and set upon the books of the |
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34 | 34 | | 4commonwealth a separate fund to be known as the School Carbon Monoxide Safety Trust Fund, |
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35 | 35 | | 5to be expended without prior appropriation, by the department of elementary and secondary |
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36 | 36 | | 6education. The fund shall be credited any revenue from appropriations or other monies |
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37 | 37 | | 7authorized by the general court and specifically designated to be credited to the fund and any |
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38 | 38 | | 8gifts, grants, private contributions, investment income earned on the assets of the fund and all |
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39 | 39 | | 9other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the 2 of 4 |
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40 | 40 | | 10General Fund. The commissioner of elementary and secondary education or a designee, in |
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41 | 41 | | 11consultation with the department of fire safety, shall administer the fund and make expenditures |
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42 | 42 | | 12from the fund in the form of grants to public school districts for the installation of carbon |
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43 | 43 | | 13monoxide detection systems as required under subsection (a½) of section 26F½ of chapter 148 |
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44 | 44 | | 14and regulations promulgated by the board of fire prevention. |
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45 | 45 | | 15 (b) Prior to receiving any monies from the fund, a school district shall submit a carbon |
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46 | 46 | | 16monoxide detection system installation plan to the department of elementary and secondary |
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47 | 47 | | 17education and the department of fire services. The plan shall include, but not be limited to: (i) the |
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48 | 48 | | 18method of installation of the carbon monoxide detection system for each school building in the |
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49 | 49 | | 19district; (ii) the status of carbon monoxide detection systems previously installed in school |
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50 | 50 | | 20buildings; and (iii) the cost, including labor costs, of installing carbon monoxide detection |
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51 | 51 | | 21systems. The department of elementary and secondary education, in conjunction with the |
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52 | 52 | | 22department of fire safety, shall: (A) review the plan and may request additional or supporting |
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53 | 53 | | 23information within 90 days of receipt of the plan; and (B) provide each school district 60 days to |
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54 | 54 | | 24submit any additional or supporting information requested. A plan shall be approved not later |
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55 | 55 | | 25than 180 days after receipt of the plan. |
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56 | 56 | | 26 (c) Not later than April 1 of each year, the department of elementary and secondary |
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57 | 57 | | 27education, in conjunction with the department of fire services, shall submit a report to the clerks |
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58 | 58 | | 28of the house of representatives and the senate and the chairs of the house and senate committees |
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59 | 59 | | 29on ways and means regarding the status of the fund including, but not limited to: (i) the amount |
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60 | 60 | | 30of money in the fund; and (ii) a list of school districts that were awarded grants and the amount |
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61 | 61 | | 31of the grants awarded. 3 of 4 |
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62 | 62 | | 32 SECTION 2. Subsection (a) of section 6 of chapter 70B of the General Laws, as |
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63 | 63 | | 33appearing in the 2012 Official Edition, is hereby amended by adding the following clause: |
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64 | 64 | | 34 (7) The school project includes a plan for the installation of a carbon monoxide detection |
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65 | 65 | | 35system as required under subsection (a½) of section 26F½ of chapter 148. |
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66 | 66 | | 36 SECTION 3. Subsection (a) of section 17 of said chapter 70B, as so appearing, is hereby |
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67 | 67 | | 37amended by adding the following sentence:- The report shall also include an assessment of |
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68 | 68 | | 38carbon monoxide detection systems within each school building and each school’s compliance |
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69 | 69 | | 39with subsection (a½) of section 26F½ of chapter 148. |
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70 | 70 | | 40 SECTION 4. Section 26F½ of said chapter 148, as appearing in the 2012 Official Edition, |
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71 | 71 | | 41 is hereby amended by inserting after subsection (a) the following subsection:- |
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72 | 72 | | 42 (a½) Each school building that provides public or private education for children in |
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73 | 73 | | 43kindergarten through grade 12 that: (1) contains fossil-fuel burning equipment including, but not |
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74 | 74 | | 44limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device |
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75 | 75 | | 45that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall install carbon |
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76 | 76 | | 46monoxide alarms under the regulations of the board of fire prevention. |
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77 | 77 | | 47 SECTION 5. The state board of building regulations and standards shall adopt as a |
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78 | 78 | | 48minimum standard the 2015 International Building Code requirement to install carbon monoxide |
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79 | 79 | | 49detection systems in all new or substantially rehabilitated school buildings that provide education |
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80 | 80 | | 50for children in kindergarten through grade 12. 4 of 4 |
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81 | 81 | | 51 SECTION 6. Notwithstanding subsection (a½) of section 26F½ of chapter 148 of the |
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82 | 82 | | 52General Laws, the board of fire prevention shall allow the temporary use of carbon monoxide |
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83 | 83 | | 53alarms that are solely battery-powered or that are plug-in with battery back-up. |
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84 | 84 | | 54 SECTION 7. Notwithstanding any general or special law to the contrary, not later than |
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85 | 85 | | 55 January 1, 2020 and without further appropriation, the state comptroller shall transfer |
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86 | 86 | | 56$7,500,000 from the General Fund to the School Carbon Monoxide Safety Trust Fund |
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87 | 87 | | 57established in section 2LLLL of chapter 29 of the General Laws. |
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88 | 88 | | 58 SECTION 8. Notwithstanding any general or special law to the contrary, not later than |
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89 | 89 | | 59 March 31, 2020, the department of elementary and secondary education, in consultation |
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90 | 90 | | 60with the department of fire services and the Massachusetts School Building Authority, shall |
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91 | 91 | | 61develop best practices that are commensurate with Section 915.2.3 of the 2015 International |
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92 | 92 | | 62Building Code for the placement and installation of carbon monoxide detection systems in public |
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93 | 93 | | 63school buildings as required by sections 2 and 5 of this act; provided, however, that the best |
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94 | 94 | | 64practices shall prioritize student and staff safety as well as cost economy. |
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95 | 95 | | 65 SECTION 9. Section 6 is hereby repealed. |
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96 | 96 | | 66 SECTION 10. Section 9 shall take effect on January 1, 2023. |
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97 | 97 | | 67 SECTION 11. Unless otherwise provided, this act shall take effect on January 1, 2021. |
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