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SENATE DOCKET, NO. 2588 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1516
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
William J. Driscoll, Jr.
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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 to improve indoor air quality.
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PETITION OF:
NAME:DISTRICT/ADDRESS :William J. Driscoll, Jr.Norfolk, Plymouth and Bristol 1 of 12
SENATE DOCKET, NO. 2588 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 1516
By Mr. Driscoll, a petition (accompanied by bill, Senate, No. 1516) of William J. Driscoll, Jr. for
legislation to promote regulations to improve indoor air quality. Public Health.
The Commonwealth of Massachusetts
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In the One Hundred and Ninety-Fourth General Court
(2025-2026)
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An Act to improve indoor air quality.
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 111 of the General Laws is hereby amended by adding the
2following section:
3 Section 245. (a) For the purposes of this section, the following terms shall, unless the
4context requires otherwise, have the following meanings:
5 “Agent”, an official or employee of the department or a division of the department.
6 “ASHRAE”, the American Society of Heating, Refrigerating and Air Conditioning
7Engineers.
8 “Building”, a publicly or privately owned structure for commercial, housing or
9governmental purposes that exposes individuals to indoor air in permanently enclosed public
10spaces. This term does not include spaces designated and used solely for industrial purposes,
11private spaces used solely for residential purposes, temporary structures, spaces unintended for
12public access beyond 3 consecutive months, any structure exempted from coverage via the 2 of 12
13commonwealth’s building codes and structures owned or leased by the United States
14government, either wholly or in part.
15 “Building occupant” or “occupant”, any individual who is regularly exposed to indoor air
16in a building.
17 “Building owner” or “owner”, the lawful owner of the building, or a designee thereof.
18 “HVAC&R” shall mean heating, ventilation, air conditioning, and refrigeration.
19 “Indoor Air Quality” or “IAQ”, the degree to which indoor air is free of excessive levels
20of contaminants injurious to human health.
21 “IAQ assessment” or “assessment”, an assessment of the levels of contaminants in
22buildings determined to contribute to adverse health effects among exposed occupants.
23 “IAQ certification”, a rating of building IAQ compliance that may include differing
24levels of adherence to specific activities or requirements in this section.
25 “IAQ complaint” or “complaint”, documentation of actual or suspected breaches or
26violations of this section, or regulations promulgated under this section, through onsite
27measurements or observations of building conditions or HVAC&R systems, medical symptoms,
28or conditions of suspected or actual building-related illnesses, or other identifiable factors.
29 “IAQ event”, a specific or limited circumstance emanating from a complaint,
30investigation, inspection or other notification that warrants responses by a building owner to
31address or remedy poor IAQ. 3 of 12
32 “IAQ inspection” or “inspection”, an onsite evaluation of actual or projected building
33IAQ performance initiated by the department, in collaboration with the board of building
34regulations and standards.
35 “IAQ investigation” or “investigation”, an evaluation of actual or projected building IAQ
36performance conducted in specific response to complaints or actual or suspected risks of harm to
37individuals .
38 “Regulation”, rules or directives created by the department or a division thereof in
39furtherance of this section.
40 “Renovation”, substantial efforts to restore or repair a building that may negatively
41impact IAQ onsite for a period exceeding several workdays during the course of performance.
42 “Significant medical conditions”, conditions attributable to building related illnesses
43impacting the health or safety of a cluster of no less than 5 building occupants that led affected
44individuals to seek medical care or are confirmed through valid tests.
45 (b)(1) It shall be the policy of the commonwealth that public health be protected and
46promoted through the regulation of indoor air quality within public buildings. In furtherance of
47this goal, the department or a designated division thereof shall develop a comprehensive,
48statewide plan to help assess and set priorities for improving IAQ in buildings through the
49mitigation of contaminants of indoor air quality, identification of environmental, public health
50and other bases for interventions, and regulatory proposals and policy options consistent with the
51goals of this section. The department may coordinate and support further research efforts in
52partnership with other commonwealth agencies, departments and international or national IAQ
53stakeholders, consistent with the goals of this section and as such research relates to IAQ. 4 of 12
54 (2) the department, or division thereof, may develop effective and practice process,
55protocols, methods and techniques for the detection and prevention of contamination in buildings
56consistent with existing scientific and expert knowledge and input.
57 (3) the department shall collect and make available the results of IAQ planning, research
58and prevention efforts supported or conducted by the department. This shall include information
59related to known or potential short-term and long-term health effects of air contaminants; actual
60or prospective settings or locations where exposure to harmful contaminants are likely to occur;
61adverse health effects of varied levels of contaminants; likely sources of exposures to specific
62contaminants, including particular types of buildings or materials; technical information
63regarding implementing programs and other methods for reducing exposures to contaminants;
64prevention, management or measurement technologies and their effectiveness, cost and
65feasibility or ease of operation; recommendations for lowering health risks to building-related
66illnesses by identifying, reducing and preventing exposures, and; remedial actions including
67elimination, substitution, engineering or administrative controls.
68 (4) the department may collect, analyze, and maintain surveillance data or other
69information related to human impacts associated with IAQ, including: the adverse health effects
70of varied contaminants; risk factors and sources of building-related illnesses; communicable or
71chronic conditions, short- and long-term injuries; preventable morbidity and mortality; disparate
72impacts on specific populations, feasibility and appropriateness of monitoring technologies, and
73efficacy of specific IAQ interventions to improve public health. 5 of 12
74 (5) In support of the development of IAQ regulations and the implementation of this
75section, the department or division thereof may request, obtain, and use information from public
76and private organizations including environmental surveillance or other data.
77 (c)(1) In consultation with the board of building regulations and standards, the
78department may identify types or classes of buildings that routinely present risks of potential or
79actual contaminant exposures to occupants based on probable or actual indoor air health risks
80typically experienced among occupants of similar buildings, probable or actual sources of
81building-related illnesses or exposures to contaminants, and available measures to mitigate
82preventable health risks to occupants consistent with ongoing, intended uses of the buildings.
83 (2) Pursuant to paragraph (1), the department may designate types or classes of buildings
84that routinely present high, medium or low risks of potential or actual exposure to contaminants
85during periods of full or partial occupancy.
86 (3) In consultation with the board of building regulations and standards, the department is
87authorized to examine, develop, or adopt specific techniques or standards for approved tests that
88accurately and reliably measure the prior or current presence of contaminants and identify
89sources of contamination. Provided, that such tests can not pose any known health risks to
90building occupants when conducted onsite, pose disproportionate environmental harms as
91compared to other technologies., contradict scientific consensus of appropriate, independently
92verified technologies, or impose significant financial burdens on building owners required to use
93them under this section. Such testing will occur at a frequency to be determined by the
94department, and the department may authorize the use of proxy testing in lieu of more specific
95tests. 6 of 12
96 (4) Building owners shall visibly post results of IAQ tests onsite to alert occupants and
97others of prior or current IAQ levels at the frequency for testing described in this subsection.
98Building owners shall also post the results of IAQ tests online through publicly accessible
99websites to be developed by the department. The results of these tests shall be posted within 48
100hours following the administration of said tests. The department shall create requirements for
101posting IAQ results.
102 (5) Building owners may conduct an IAQ assessment consistent with base-level
103parameters determined by the department with the following parameters: frequency as required
104under this subsection; reviews of proper ventilation, filters, air cleaning devices and fans,
105adjusted for the number of building occupants per ASHRAE standards; measurable risks
106explicitly tied to contaminants building-related illnesses, or planned renovations, identification of
107potential remediable causes of poor IAQ, including pollutant pathways, contaminant sources, and
108more; observation of areas prone to moisture problems, visible mold, or orders associated with
109biological growth or water stains; use of technological or other analytical tools to screen or
110identify contaminants; physical conditions, placements, and operational status of HVAC&R
111equipment or components, and IAQ detectors or other monitors, thermal factors such as building
112temperatures and humidity; identification of specific products, materials, or conditions within the
113building that may cause excessive risk of poor IAQ or building-related illnesses absent proper
114ventilation, including pursuant to planned renovations, and; other determinants within or outside
115that may help accurate gauge health risks to occupants based on single or repeated exposures to
116indoor air in period of regular operations or based on planned renovations.
117 (6) IAQ assessments may include recommended actions, if warranted, including
118estimated costs to remedy or improve IAQ within buildings in compliance with this section. 7 of 12
119Building owners may refer to these actions in making repairs, engaging in renovations, or taking
120other steps to improve IAQ. Building owners are obligated to repair or take remedial actions to
121improve IAQ deficiencies.
122 (7) Assessments and documented proof of remedial actions to ameliorate poor IAQ may
123be filed with the department pursuant to the formal processes it establishes.
124 (8) Building owners shall maintain information related to assessments and remedial
125actions at least 3 years after the date of their performance.
126 (d)(1) Building occupants or other aggrieved persons may file a formal IAQ complaint of
127an alleged IAQ event at a building to the department pursuant to the direct notification or
128submission of a form created by the agency. Said form shall include the name, identification, and
129contact information of the person/persons submitting the form; alleged factors that reasonably
130suggest a risk of adverse health effects or building related illnesses due to poor IAQ among
131building occupant; identification of specific locales within the building that may be at risk of
132poor IAQ; prospective, estimated, or actual number of individuals impacted; specific dates over
133which the alleged factors or poor IAQ have occurred or are occurring, any alleged or suspected
134building-related illnesses, observe red data from onsite tests conducted by the building owner,
135independently conducted tests, assessments of occupants heal symptoms, or other available data
136supporting the complaint; input from additional sources supporting the complaint; notice to the
137building owner of the complaint, and; any other state or local agencies that may have been
138notified or are aware of the basis for the complaint.
139 (2) Any complaint properly filed and received by the department shall be initially
140assessed by the department for its validity, including through outreach to the building owner, 8 of 12
141building occupants and submitter(s) of the complaint. If a complaint is determined to be invalid,
142the department shall decline to take further action after notifying the complainant. If a complaint
143is determined to be initially valid, the department shall launch an IAQ investigation after
144notifying the building owners and the complainant.
145 (3) The department may conduct an investigation of an IAQ event within 90 days of
146determining the validity of the complaint. The investigation shall include screening,
147identification, and selective interviewing of building occupants; optional medical of occupants
148allegedly suffering from exposure to contaminants or a building related illness, provided the
149occupant provides written informed consent to any medical testing; results of inspections
150authorized by this section, IAQ assessments provided by the building owner, review of
151HVAC&R planning and interviews with HVAC&R personnel responsible for the design,
152installation, operation, or maintenance of the building systems, and; determinations of prior or
153contemporaneous remedial actions consistent with IAQ assessments or inspection.
154 (4) Investigation results and required remedial actions shall be shared with the building
155owners and be made available to building occupants within 30 days of the completion of the
156investigation.
157 (5) building owners must complete any required repairs or other remedial actions within
158120 days of the receipt of the agencies investigation results. Written extensions may be granted
159by the department within the discretion of an agent of the department.
160 (6) Pursuant to this section, and with prior consent of and notice to building owners,
161agents of the department may enter a building at a reasonable time to inspect, investigate,
162evaluate and conduct needed tests for the department’s own IAQ assessment of the building as 9 of 12
163needed to determine business compliance with this section. If the state agent is denied entry into
164the building on at least 2 distinct occasions for the same the same purposes, the agent may seek
165an administrative search warrant to enter the building for this specific purpose. A court of the
166commonwealth may grant an administrative search warrant provided probable cause of an IAQ
167violation exists. Information obtained via this administrative search warrant shall be used only
168for purposes of fulfilling the goals of this section. This section shall not limit the authority of any
169state or local agency to conduct an administrative search or inspection of buildings under other
170provisions of existing federal or state laws.
171 (7) The department shall establish a fee to cover the reasonable costs of performing an
172inspection of the building, to be paid by building owners. Reasonable costs shall include
173administration, personnel or travel expenses; instrument rentals; tests; laboratory assessments;
174judicial expenditures; or other legitimate expenses incurred by the department. Any owner who
175fails to pay the fee shall be subject to appropriate citations. The department may exempt certain
176owners from paying the fee if their buildings are classified as low risk or the owners face
177significant financial burdens in paying the fee.
178 (8) The results of any inspection shall be shared with the building owner, including
179proposed remedies, within 30 days of conducting the inspection. At a minimum, inspection
180results shall include clear descriptions of key findings related to core elements; identification of
181any conditions that are actually contributing to poor IAQ at the building; guidance or options on
182remedial actions the building owner may wish to take to address these conditions, and; set
183procedural requirements for notifying building occupants of probable or actual risks to their
184health, if applicable. Building owners have up to 90 days within the receipt of the department’s 10 of 12
185inspection to undertake and complete remedial actions to bring the building within compliance of
186the section, with the department having the authority to grant extensions within its discretion.
187 (9) The department may refer to filed IAQ assessments, along with documented proof of
188remedial actions, where made, in determining whether a specific building requires inspections. A
189building owner who has conducted an assessment and successfully remedied and discovered
190issues within 12 months prior to the date of an investigation may be exempted from an inspection
191if the department determines that prior compliance sufficiently ameliorates poor IAQ.
192 (e) (1) The department shall seek voluntary compliance of building owners with meeting
193provisions or requirements consistent with specific time deadlines or other state parameters in
194this section or regulations promulgated to support this section.
195 (2) The department may provide certain incentives to building owners to support
196voluntary compliance, including waivers of formal inspections; opportunities to apply for annual
197designations of buildings meeting IAQ certification with graded levels set via regulation by the
198department; expedited reviews of IAQ assessments for additional buildings owned or leased by
199the same owner and; allowance of reasonable costs related to IAQ testing, assessment or
200remedial actions to be tax deductible business expenses under state law.
201 (f)(1) Any building owner who knowingly or willfully violates or fails to comply with the
202terms, conditions, regulations or requirements of this section may be subject to citations or
203penalties as set forth in this section.
204 (2) The department may issue citations against offending building owners for each
205alleged violation; provided, that said violations shall identify the conditions, factors, dates and
206locations leading to the violation, as well as the specific provisions of this section or authorized 11 of 12
207regulations substantiating the violation. Alleged violations shall be subject to specific financial
208penalties to be set by the department, providing that said penalties do not exceed $10,000. Funds
209collected from said penalties shall be returned to the department’s operating budget to support
210costs incurred in the implementation and enforcement of this section.
211 (3) Following citations, the department may undertake additional recourse against
212continuing offending building owners for the period of time in which a violation is unresolved,
213including prohibiting existing or prospective leasing of the applicable building where building
214occupants may be at risk of harmful exposure to contamination. The attorney general or other
215appropriate law enforcement agency may commence a civil action in court for severe violations.
216 (4) Any action under this section or regulations promulgated in support of this section is
217barred unless its commenced within 3 years after the cause of action accrues or was or should
218reasonably have been discovered by the department or other state agency.
219 (g) Within 12 months of the effective date of this section, the department and divisions of
220the department are authorized to promulgate and implement rules, orders, and regulations as are
221reasonable and necessary to implement and effectuate the provisions and goals of this act, based
222on the best available scientific evidence and other proofs of efficacy to identify, prevent, and
223control factors affecting IAQ within buildings. The department may regularly amend these
224regulations for the purposes of clarifying guidance, making essential updates, or revising
225regulations based on new information, emerging science, or legal requirements. Nothing in this
226section shall be construed to authorize the department or other state agency to carry out any
227program or activity that is not reasonably related to improving IAQ . 12 of 12
228 (h) One year following the enactment of this section, and every 2 years thereafter, the
229department shall file a report with the clerks of the house and senate detailing the
230implementation and enforcement of this section, including challenges facing the department and
231possible legislative action to address said challenges.
232 SECTION 2. Notwithstanding any general or special laws to the contrary, the department
233shall, no later than 6 months following the enactment of this act, the department of public health
234shall prepare and submit an initial report to the clerks of the house and the senate concerning the
235prospective impacts, effects and challenges of this act on the department.
236 SECTION 3. Section 1 shall take effect January 1, 2026.