Massachusetts 2025-2026 Regular Session

Massachusetts House Bill H509 Compare Versions

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22 HOUSE DOCKET, NO. 764 FILED ON: 1/13/2025
33 HOUSE . . . . . . . . . . . . . . . No. 509
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Brian M. Ashe
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to the safety of schools, residences, and public assemblies.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :DATE ADDED:Brian M. Ashe2nd Hampden1/13/2025 1 of 4
1616 HOUSE DOCKET, NO. 764 FILED ON: 1/13/2025
1717 HOUSE . . . . . . . . . . . . . . . No. 509
1818 By Representative Ashe of Longmeadow, a petition (accompanied by bill, House, No. 509) of
1919 Brian M. Ashe for the establishment of a school carbon monoxide safety trust fund to be
2020 administered by the Commissioner of Elementary and Secondary Education. Education.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE HOUSE, NO. 427 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to the safety of schools, residences, and public assemblies.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. Chapter 29 of the General Laws is hereby amended by inserting after
3232 2 section 2KKKK the following section:-
3333 3 Section 2LLLL. (a) There shall be established and set upon the books of the
3434 4commonwealth a separate fund to be known as the School Carbon Monoxide Safety Trust Fund,
3535 5to be expended without prior appropriation, by the department of elementary and secondary
3636 6education. The fund shall be credited any revenue from appropriations or other monies
3737 7authorized by the general court and specifically designated to be credited to the fund and any
3838 8gifts, grants, private contributions, investment income earned on the assets of the fund and all
3939 9other sources. Money remaining in the fund at the end of a fiscal year shall not revert to the 2 of 4
4040 10General Fund. The commissioner of elementary and secondary education or a designee, in
4141 11consultation with the department of fire safety, shall administer the fund and make expenditures
4242 12from the fund in the form of grants to public school districts for the installation of carbon
4343 13monoxide detection systems as required under subsection (a½) of section 26F½ of chapter 148
4444 14and regulations promulgated by the board of fire prevention.
4545 15 (b) Prior to receiving any monies from the fund, a school district shall submit a carbon
4646 16monoxide detection system installation plan to the department of elementary and secondary
4747 17education and the department of fire services. The plan shall include, but not be limited to: (i) the
4848 18method of installation of the carbon monoxide detection system for each school building in the
4949 19district; (ii) the status of carbon monoxide detection systems previously installed in school
5050 20buildings; and (iii) the cost, including labor costs, of installing carbon monoxide detection
5151 21systems. The department of elementary and secondary education, in conjunction with the
5252 22department of fire safety, shall: (A) review the plan and may request additional or supporting
5353 23information within 90 days of receipt of the plan; and (B) provide each school district 60 days to
5454 24submit any additional or supporting information requested. A plan shall be approved not later
5555 25than 180 days after receipt of the plan.
5656 26 (c) Not later than April 1 of each year, the department of elementary and secondary
5757 27education, in conjunction with the department of fire services, shall submit a report to the clerks
5858 28of the house of representatives and the senate and the chairs of the house and senate committees
5959 29on ways and means regarding the status of the fund including, but not limited to: (i) the amount
6060 30of money in the fund; and (ii) a list of school districts that were awarded grants and the amount
6161 31of the grants awarded. 3 of 4
6262 32 SECTION 2. Subsection (a) of section 6 of chapter 70B of the General Laws, as
6363 33appearing in the 2012 Official Edition, is hereby amended by adding the following clause:
6464 34 (7) The school project includes a plan for the installation of a carbon monoxide detection
6565 35system as required under subsection (a½) of section 26F½ of chapter 148.
6666 36 SECTION 3. Subsection (a) of section 17 of said chapter 70B, as so appearing, is hereby
6767 37amended by adding the following sentence:- The report shall also include an assessment of
6868 38carbon monoxide detection systems within each school building and each school’s compliance
6969 39with subsection (a½) of section 26F½ of chapter 148.
7070 40 SECTION 4. Section 26F½ of said chapter 148, as appearing in the 2012 Official Edition,
7171 41 is hereby amended by inserting after subsection (a) the following subsection:-
7272 42 (a½) Each school building that provides public or private education for children in
7373 43kindergarten through grade 12 that: (1) contains fossil-fuel burning equipment including, but not
7474 44limited to, a furnace, boiler, water heater, fireplace or any other apparatus, appliance or device
7575 45that burns fossil fuel; or (2) incorporates enclosed parking within its structure shall install carbon
7676 46monoxide alarms under the regulations of the board of fire prevention.
7777 47 SECTION 5. The state board of building regulations and standards shall adopt as a
7878 48minimum standard the 2015 International Building Code requirement to install carbon monoxide
7979 49detection systems in all new or substantially rehabilitated school buildings that provide education
8080 50for children in kindergarten through grade 12. 4 of 4
8181 51 SECTION 6. Notwithstanding subsection (a½) of section 26F½ of chapter 148 of the
8282 52General Laws, the board of fire prevention shall allow the temporary use of carbon monoxide
8383 53alarms that are solely battery-powered or that are plug-in with battery back-up.
8484 54 SECTION 7. Notwithstanding any general or special law to the contrary, not later than
8585 55 January 1, 2020 and without further appropriation, the state comptroller shall transfer
8686 56$7,500,000 from the General Fund to the School Carbon Monoxide Safety Trust Fund
8787 57established in section 2LLLL of chapter 29 of the General Laws.
8888 58 SECTION 8. Notwithstanding any general or special law to the contrary, not later than
8989 59 March 31, 2020, the department of elementary and secondary education, in consultation
9090 60with the department of fire services and the Massachusetts School Building Authority, shall
9191 61develop best practices that are commensurate with Section 915.2.3 of the 2015 International
9292 62Building Code for the placement and installation of carbon monoxide detection systems in public
9393 63school buildings as required by sections 2 and 5 of this act; provided, however, that the best
9494 64practices shall prioritize student and staff safety as well as cost economy.
9595 65 SECTION 9. Section 6 is hereby repealed.
9696 66 SECTION 10. Section 9 shall take effect on January 1, 2023.
9797 67 SECTION 11. Unless otherwise provided, this act shall take effect on January 1, 2021.