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SENATE DOCKET, NO. 2303 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 2275
The Commonwealth of Massachusetts
_________________
PRESENTED BY:
Paul R. Feeney
_________________
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 :Paul R. FeeneyBristol and NorfolkMichael D. BradySecond Plymouth and Norfolk2/13/2025John F. KeenanNorfolk and Plymouth2/24/2025James B. EldridgeMiddlesex and Worcester3/2/2025 1 of 11
SENATE DOCKET, NO. 2303 FILED ON: 1/17/2025
SENATE . . . . . . . . . . . . . . No. 2275
By Mr. Feeney, a petition (accompanied by bill, Senate, No. 2275) of Paul R. Feeney, Michael
D. Brady, John F. Keenan and James B. Eldridge for legislation relative to healthy and
sustainable schools. Telecommunications, Utilities and Energy.
[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 2127 OF 2023-2024.]
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 2 of 11
9 (3) Testing Adjusting and Balancing Bureau (TABB).
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 3 of 11
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.
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 4 of 11
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
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. 5 of 11
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,
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 (i) documentation of HVAC equipment and motor nameplate data;
82 (ii) testing for maximum system capacity and airflow to determine the highest
83Minimum Efficiency Reporting Value (MERV) filtration that can be installed without adversely
84impacting equipment;
85 (iii) physical measurements of outside air rate at minimum and maximum load
86conditions;
87 (iv) for each zone, documentation of the estimated number of occupants and current
88occupancy categories as listed in the International Mechanical Code, Table 403.1.1, as adopted
89by the Commonwealth of Massachusetts;
90 (v) measurement of all exhaust air volume for exhaust fans, including restrooms; 6 of 11
91 (vi) verification of operation of ventilation components including economizers and
92demand control ventilation as applicable;
93 (vii) measurement of all air distribution inlets and outlets;
94 (viii) verification and documentation of building pressure, individual classroom
95pressure, and any rooms designed to be negative pressure spaces;
96 (ix) verification of unit operation and that required maintenance has been performed
97in accordance with ASHRAE Standard 62.1-2022 Section 8 and Table 8-1.
98 (x) verification of control sequences to verify systems operate continuously during
99occupied hours to maintain the intended filtration, ventilation, and temperature setpoints; and
100 (xi) verification of existing carbon dioxide sensors or as an indicator of proper
101ventilation throughout the school year, all classrooms shall be equipped with a CO2 monitor that
102conforms to the recommendations of the University of California - Davis, Western Cooling and
103Efficiency Center white paper on Proposed Ventilation and Energy Efficiency
104Verification/Repair Program for School Reopening.
105 A qualified testing personnel shall document the ventilation assessment and prepare an
106HVAC Assessment Report for review by a mechanical engineer. A mechanical engineer shall
107review the HVAC assessment report, verify or adjust the minimum outside air ventilation rates
108and determine what, if any, additional adjustments, repairs, upgrades, or replacements would be
109necessary to meet the minimum ventilation and filtration requirements of the local code authority
110and follow the criteria of the most recent edition of the Massachusetts Mechanical Code, and
111provide a cost estimate for all recommended work. 7 of 11
112 The office shall require all school districts to make the appropriate corrective actions
113identified in the ventilation assessment report as reviewed by a mechanical engineer. The
114corrective actions shall include testing, adjusting, and balancing the public school mechanical
115ventilation system and, if necessary or cost effective, repairs, upgrades, or replacement of the
116existing heating, ventilation, and air conditioning system or the installation of a stand-alone
117mechanical ventilation system. The corrective actions identified in the ventilation assessment
118report may include general maintenance, reading and adjustment of ventilation rates, filter
119replacement to meet a Minimum Efficiency Reporting Value (MERV) of at least 13 if equipment
120allows, while assuring the pressure drop is less than the fan’s capability, direct outside airflow
121intake measurement, or whole system installation or replacement. Portable filtration and air
122cleaners shall be used only if the existing heating, ventilation and air conditioning infrastructure
123cannot meet minimum filtration and ventilation requirements or, as recommended by a
124mechanical engineer, as a supplemental enhancement to the permanent heating, ventilation, and
125air conditioning system or there are concerns with outdoor air contaminants such as those created
126by wildfires and pollution. All HVAC repairs, upgrades, or replacements shall be performed by a
127skilled and trained workforce. All HVAC adjustments shall be performed by qualified adjusting
128personnel.
129 School districts shall ensure that all work required by the ventilation assessment is
130performed using a skilled and trained construction workforce and rules promulgated in
131accordance with this act. The office shall work in consultation with the department of labor
132standards to ensure that the assessments and construction required by this act meet all standards
133and requirements of the Massachusetts state building code. 8 of 11
134 (5) The results of each energy audit shall be memorialized by the office and shall be
135provided to the applicable school and School Building Authorities. The office shall retain a copy
136of each energy audit and promptly make the results available for public inspection on its website.
137Any information sensitive to school safety and security shall be redacted before being made
138public.
139 (6) The office shall facilitate implementing recommended energy efficiency
140improvements and installing renewable energy systems on or nearby school property. The office
141is authorized and encouraged to aggregate projects to maximize efficiency, including but not
142limited to, negotiating bulk purchases of renewable energy and energy efficiency equipment,
143energy audits, and installation services. The office shall prioritize installing energy efficiency
144improvements and renewable energy systems at schools located in environmental justice
145communities.
146 (7) Third party contractors shall be prohibited from performing both energy audits and
147installing energy efficiency improvements and renewable energy systems at the same school.
148 (8) The office shall seek public input from stakeholders, including but not limited to,
149school boards, labor union representatives, and community members when implementing
150recommended energy efficiency improvements and installing renewable energy systems.
151 (9) The office is authorized to make and enter into all contracts and agreements necessary
152or incidental to the performance of its duties and the execution of its powers under this act.
153 (10) The office shall ensure that contractors and subcontractors of all tiers engaging in the
154construction and installation of energy efficient improvements and renewable energy systems
155submit sworn certifications as part of the bidding process that the firm will: 9 of 11
156 (i) provide documentation of its participation in a state or federally registered
157apprenticeship training program for each trade in which it employs craft workers;
158 (ii) ensure that each employee on the project will be paid, at minimum, wages and
159benefits that are not less than the prevailing wage and fringe benefits rates as prescribed in
160sections 26 through 27D, inclusive, of chapter 149, for the corresponding classification in which
161the employee is employed;
162 (iii) comply with the commonwealth’s public bidding laws, including section 39M of
163chapter 30, section 44A of chapter 149, and section 8 of chapter 149A, as applicable;
164 (iv) comply with all other applicable federal, state, and local laws;
165 (v) prioritize hiring residents from environmental justice communities and members of
166historically marginalized communities;
167 (vi) comply with all state and local hiring goals for women, minorities, and veterans;
168 (vii) provide documentation of its partnership(s) with high-quality pre-apprenticeship
169training programs; and
170 (viii) become signatory to a project labor agreement if such an agreement is selected as
171the project delivery method for the construction by the contracting authority.
172 A bid will not be considered complete and ready for review until all certifications have
173been submitted as part of its bid package. The failure to include complete and accurate
174certifications prior to the bid deadline shall be grounds for disqualification from the bidding
175process. 10 of 11
176 (11) The office shall ensure that contractors and subcontractors of all tiers, as part of the
177bid process, disclose and certify the following:
178 (i) contractors and subcontractors on the project are currently, and will remain, in
179compliance with chapters 149, 151, 151A, 151B, and 152 and 29 U.S.C. section 201, et seq. and
180federal anti-discrimination laws for the duration of the project;
181 (ii) contractors and subcontractors on the project have complied with chapters 149, 151,
182151A, 151B, and 152 and 29 U.S.C. section 201, et seq. and federal anti-discrimination laws for
183the last three (3) calendar years; and
184 (iii) when contractors or subcontractors on the project cannot meet the certification
185requirements provided for in paragraphs (1) and (2) of this subsection, the contractors and
186subcontractors must submit proof of a wage bond or other comparable form of insurance in an
187amount equal to the aggregate of one year’s gross wages for all workers projected to be
188employed by the contractor or subcontractor for which certification is unavailable, to be
189maintained for the life of the project.
190 (d) (1) The state shall appropriate funds to a revolving fund to finance activities
191authorized under this act including, but not limited to, providing energy audits and installing
192energy efficiency improvements and renewable energy systems on or nearby school property.
193The office shall be responsible for administering this fund.
194 (2) The office shall apply for, receive, and accept funding from local and federal sources
195to carry out its duties, including but not limited to the following sources: 11 of 11
196 (i) funding authorized under Pub. L. 117-58, including but not limited to funding
197programs under the Department of Energy’s State and Community Energy Program;
198 (ii) funding authorized under Pub. L. 117-69, including but not limited to the Greenhouse
199Gas Reduction Fund;
200 (iii) funding authorized under Pub. L. 117-2, including but not limited to funds for
201elementary and secondary emergency relief;
202 (iv) state bonds;
203 (v) funding from green banks; and
204 (vi) department funding.
205 SECTION 2. This act shall take effect on January 1, 2026.