This bill is also being heard at the State House in Boston TOMORROW

May 4, 2009

MA Legislature Joint Committee on Public Health

May 5, 2009 at 10am

State House Room A-2

HOUSE DOCKET, NO. 688 FILED ON: 1/12/2009

HOUSE . . . . . . . . . . . . . . No. 2094

The Commonwealth of Massachusetts

_______________

PRESENTED BY:

J. Koutoujian

_______________

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

passage of the accompanying bill:

An Act relative to air quality in schools and public buildings.

_______________

PETITION OF:

Name:

District/Address:

J. Koutoujian

10th Middlesex

N. Brownsberger

24th Middlesex

P. Fresolo

16th Worcester

J. Binienda

17th Worcester

Gloria L. Fox

7th Suffolk

J. Walsh

13th Suffolk

D. Jehlen

Second Middlesex

E. Canavan

10th Plymouth

J. Toomey, Jr.

26th Middlesex

Provost

27th Middlesex

A. Joyce

Norfolk, Bristol and Plymouth

A. Malia

11th Suffolk

W. Scibak

2nd Hampshire

R. Miceli

19th Middlesex

Swan

11th Hampden

F.D. Cabral

13th Bristol

F. Rush

10th Suffolk

L. Rice, Jr.

2nd Worcester

Lantigua

16th Essex

E. Canavan

10th Plymouth

Carl M. Sciortino, Jr.

34th Middlesex

Garrett J. Bradley

3rd Plymouth

J. O'Day

14th Worcester District

Alice K. Wolf

25th Middlesex

Willie Mae

6th Suffolk

Lori Ehrlich

8th Essex

Garrett J. Bradley

3rd Plymouth

Cory Atkins

14th Middlesex

Kathi-Anne Reinstein

16th Suffolk

[sIMILAR MATTER FILED IN PREVIOUS SESSION

SEE HOUSE, NO. 2181 OF 2007-2008.]

The Commonwealth of Massachusetts

_______________

In the Year Two Thousand and Nine

_______________

An Act relative to air quality in schools and public buildings.

Be it enacted by the Senate and House of Representatives in General Court

assembled, and by the authority of the same, as follows:

SECTION 1.

The General Laws are hereby amended by inserting after chapter 111K the

following chapter:-

Chapter 111L - Indoor Air Quality

Section 2. Definitions.

As used in this Act, the following words shall, unless a different meaning

clearly appears from the context, have the following meanings:

Act means this statute.

Air contaminants includes but is not limited to: (a) volatile organic and

inorganic compounds including, but not limited to, vapors from paint,

cleaning products, chemicals, pesticides and solvents; ( carbon monoxide; ©

particulates; (d) outdoor air pollutants; (e) biological contaminants; and

(f) other airborne substances, which may affect the health of building

occupants.

Building occupant means any person who works or transacts business in or

otherwise occupies a public building including but not limited to a person

who is an employee of the building owner.

Building systems include but are not limited to the HVAC system, systems

providing sanitary services, plumbing, and potable water, the energy

management system and all other systems in a public building which may impact

the

quality of the indoor environment.

Commissioner means the Commissioner of the Division of Occupational Safety

of the Department of Labor and Workforce Development or his/her designee.

Control means the power to direct, regulate or manage the thing

controlled, whether directly or indirectly.

Designated person means a person who has been given the responsibility by

the building owner to take necessary measures to assure compliance with

sections 4 ff of this Act.

Director means the Director of the Division of Indoor Environments, or

his/her designee.

Division of Occupational Safety means the Division of Occupational Safety

of the Department of Labor and Workforce Development.

HVAC system means the collective components of the entire heating,

ventilation and air conditioning systems including mechanical and

non-mechanical

systems.

Public Building means any building, or any portion of any building, owned,

leased or operated by the Commonwealth, its agencies, authorities or

political subdivisions, or any building or any portion of any building which

houses a program or activity for which 85% of the funding is provided by the

Commonwealth, its agencies, authorities or political subdivisions; provided,

how- ever, that " public building " shall not include correctional

facilities (as defined in M.G.L. c.125, s. 1), jails, prisons, reformatories,

custodial facilities in the department of youth services, and dormitories and

residential facilities subject to 105 CMR 410.

Person means an individual, partnership, corporation, association, and the

Commonwealth, including its agencies, authorities, subdivisions and legal

representatives or agents.

Renovation means building modification involving activities that include

but are not limited to: installation, removal or replacement of roofs,

walls, ceilings, floors, carpeting, and components such as moldings, cabinets,

doors, and windows; painting, decorating, demolition, surface refinishing,

removal or cleaning of ventilation ducts, additions to, replacement of or

modifications to entrances and exits, and stairways and elevators and any

other substantial modification of any of a public building's systems.

Representatives of building occupants means (a) employee organizations;

( other representatives or agents designated in writing as such by

individuals employed in or occupying a public building; © parents

organizations

and other representatives of students in schools; and (d) legal guardians of

building occupants who have not reached the age of majority.

" Representatives of building occupants " does not include representatives of the

general

public who use a public building on an intermittent basis.

Section 3. Division of Indoor Environments.

(a) There shall be within the Department of Public Health a Division of

Indoor Environments within the Center for Environmental Health. The

Commissioner of the Department of Public Health shall appoint the Director of

the

Division of Indoor Environments.

( The Division of Indoor Environments shall administer and enforce the

provisions of this Act.

Division of Occupational Safety also shall have the power to administer and

enforce the provisions of this Act.

(d) The Department of Public Health, in consultation with the Division of

Occupational Safety, shall promulgate such regulations as are required by

this Act as well as such regulations it deems will aid the efficient and

effective implementation of this Act and the standards and procedures for

which this Act provides. The Director, in consultation with the Commissioner,

shall propose to the Commissioner of Public Health such regulations as the

Director may, from time to time, determine are necessary for this purpose.

As an aid in considering said regulations, the Commissioner of Public Health

shall have access to the research and resources and seek the advice of the

various divisions and pro- grams in the Department of Public Health and

the Division of Occupational Safety concerned with similar issues.

(e) The Division of Occupational Safety shall adopt all such regulations

promulgated by the Department of Public Health as relate to sections 7, 9,

10, 11, 12 hereof within 90 days of their promulgation by the Department of

Public Health.

(f) Nothing in this section shall limit the powers granted to and

responsibilities imposed upon the Division of Occupational Safety by Chapter

149 of

the General Laws.

Section 4. Access to Buildings and Records by the Division.

(a) For the purpose of administering the provisions of this Act, the

Director shall have access and entry at reasonable times to the premises of any

public building to investigate compliance with this Act. When the building

owner is the employer of some or all of the building occupants, the

Commissioner shall have access and entry at reasonable times to the premises of

a

public building to investigate compliance with this Act. If a building

owner or anyone acting on its behalf or as its agent refuses or fails to comply

with a request by either of the Director or the Commissioner for access to

a public building, the supreme judicial or superior court shall have

jurisdiction to order compliance.

( For the purpose of enforcing the provisions of this Act, a building

owner shall, upon the request of the Director, permit the Director, at

reasonable times, to have access to and to copy all records related to this Act

or its enforcement. When the building owner is the employer of some or all

of the building occupants, the building owner shall, upon the request of the

Commissioner, permit the Commissioner, at reasonable times, to have access

to and to copy all records related to this Act or its enforcement. If a

building owner or anyone on in its behalf or as its agent refuses or fails to

comply with such a request by either said Director or said Commissioner,

the superior court shall have jurisdiction to order compliance.

performance of the duties described subsections (a) or ( of this section 4

shall be punished by a fine of not less than one thousand and no more than

five thousand dollars or by imprisonment for not more than six months, or

both, for each instance of the offense.

Section 5. Indoor Environmental Compliance Program.

Within one year of the effective date of this Act, each building owner

shall establish for each public building under its control a written indoor

environmental compliance program which shall contain the information and

documents required by section 6, and which shall contain procedures for

implementing the actions and standards contained in sections 7, 8 and 9. Each

building owner shall identify in its indoor environmental compliance program a

designated person who shall be responsible for the day-to-day

implementation of the indoor environment compliance program and for all

recordkeeping

responsibilities connected therewith. A copy of the indoor environmental

compliance program shall be kept in said public building and be available to

the public for inspection and, in addition, available electronically,

wherever possible.

Section 6. Information to be included in Indoor Environmental Compliance

Program.

Indoor environment compliance programs shall include, at a minimum, the

following information:

(a) A written narrative description of the facility's building systems;

( Single-line schematics or as-built construction documents which locate

major building system equipment and the areas that they serve;

building systems, which shall include, at a minimum, a description of all

normal operating procedures, special procedures such as seasonal start-ups and

shutdowns, and a list of operating performance criteria including, but not

limited to minimum outside air ventilation rates, potable hot water storage

and delivery temperatures, range of relative humidity, and any space

pressurization requirements;

(d) A general description of the building and its function including but

not limited to, work activity, number of employees and visitors, hours of

operation, weekend use, and known air contaminants released in the building;

(e) As-built construction documents, HVAC system commissioning reports,

HVAC systems testing, adjusting and balancing reports, operations and

maintenance manuals, water treatment logs, and operator training materials;

(f) A written maintenance program for the building systems, which shall be

preventive in scope and reflect equipment manufacturers' recommendations

and best practices as determined by the building systems maintenance

industry. At a minimum, the maintenance program shall describe the equipment to

be

maintained, and establish maintenance procedures and frequency of

performance; and

(g) A checklist for the visual inspection of building systems that accords

with the regulations promulgated by the Department of Public Health.

Section 7. Complaints.

Each building owner shall establish procedures for receiving and

responding to reports and complaints from building occupants and building

occupant

representatives regarding building conditions, the indoor environment and

building maintenance. Where the Department of Public Health has promulgated

regulations or where the Division of Indoor Environments has established

standard procedures and forms for the above, each building owner shall use the

relevant procedures and forms. Building owners shall maintain a written

record of all reports and complaints they receive from building occupants and

the remedial actions, if any, taken to respond to the reports and

complaints.

Section 8. Reporting Building-Related Illnesses.

Each building owner shall establish procedures for receiving reports from

building occupants regarding symptoms or illnesses that may be related to

conditions in a public building. Each building owner shall maintain a

written record of such reports which shall include, at a minimum, information

on

the nature of the symptom or illness reported, the number of building

occupants affected, the date of each report was received from a building

occupant, and the remedial action, if any, taken to correct the source of the

problem, or any other response to the report.

Section 9. Inspections.

Each building owner shall perform a visual inspection annually and a

thorough building condition survey every five years of each public building

under its control for compliance with the standards promulgated by the Division

of Indoor Environments pursuant to section 10 of this Act. The five-year

building condition survey shall be conducted by an independent licensed

architect or engineer or other appropriately qualified professional. Within six

months of the effective date of this Act, the Department of Public Health

shall promulgate regulations containing the standard procedures to be

followed in the performance of the visual inspection and the five-year building

condition survey. The annual visual inspection shall, at a minimum,

consider the following:

(a) The building site, including utilities, paving, playgrounds, and play

fields.

( Roofing.

fire escapes.

(d) Building structural elements.

(e) Building interiors, including finishes, doors, and hardware.

(f) Special construction, including stairs, elevators, escalators, and

swimming pools.

(g) Environmental features, including appearance, cleanliness, acoustics,

lighting quality, thermal comfort, humidity, ventilation and space

adequacy.

(h) Complaints and medical reports received by the building owner pursuant

to this Act since the last annual and five-year building condition survey.

The five-year building condition survey shall, at a minimum, consider the

following:

(a) The building site, including utilities, paving, playgrounds, and play

fields.

( Roofing.

fire escapes.

(d) Building structural elements.

(e) Building interiors, including finishes, doors, and hardware.

(f) Electrical systems, including service and distribution, lighting,

communications, technology infrastructure and cabling.

(g) Plumbing, including water distribution systems, drainage and fixtures.

(h) Heating and cooling systems, including boilers, furnaces, terminal

units, and control systems.

(i) Ventilation systems.

(j) Air conditioning systems, including refrigeration, terminal units, and

control systems.

(k) Special construction, including stairs, elevators, escalators, and

swimming pools.

(l) Fire protection and security systems, including alarm, detection, and

fire protection.

(m) Environmental features, including appearance, cleanliness, acoustics,

lighting quality, thermal comfort, humidity, ventilation and space

adequacy.

(n) Complaints and medical reports received by the building owner pursuant

to this Act since the last annual visual inspection and five-year building

condition survey, as appropriate.

Each building owner shall publish the results of each annual and five-year

building condition survey on its public web site or, if such a site does

not exist, as a written report that it shall make available to the public.

Each building owner shall e-mail each such report within thirty days of its

completion to the Director and where the building owner is also an employer

of some or all of the building occupants, also to the Commissioner. The

Director shall cause each such report to be published on the Department of

Public Health's web site where it shall remain for at least five years. The

Commissioner shall cause each such report he receives to be published on the

Division of Occupation Safety's web site

269 where it shall remain for at least five years. Building owners shall

keep records of annual inspections and five year building condition surveys

for at least ten years.

Section 10. Standards.

Within six months of the effective date of this Act, the Department of

Public Health, shall promulgate regulations establishing indoor environmental

standards for each of the subjects listed below. Within six months of the

promulgation of said standards, each building owner shall take the actions

required by said standards in each public building under its control and

incorporate means for implementing each standard within the indoor

environmental compliance program for each said public building.

(a) The maintenance and operation of HVAC systems.

( Ventilation of point sources of contaminants.

(d) Heating.

(e) Air exchange.

(f) Ventilation of buildings without mechanical ventilation systems.

(g) Maintenance of non-ducted air plenums.

(h) Storage of hazardous materials.

(i) Asbestos.

(j) Fiberglass.

(k) Lead paint

(l) Outdoor air contaminants.

(m) Water intrusion.

(n) Microbial contamination.

(o) Cleaning.

(p) Building entrances and exits.

(q) Sound levels.

® Light levels.

(s) Sanitary facilities.

(t) Potable water.

(u) Protective equipment and training for maintenance workers and

custodians.

(v) Procedures and forms for implementing section 7 of this Act.

Section 11. Hazardous Chemicals.

Each building owner shall evaluate any hazardous substances or chemicals

currently in use in a public building under its control and maintain an

inventory of the same. Each building owner shall assure that each such

substance or chemical is the least toxic alternative feasible for the purpose

for

which it is intended. Each building owner shall assure for each public

building under its control that cleaning and maintenance chemicals, pesticides,

and other hazardous substances are used and applied according to the

relevant manufacturers' recommendations and material safety data sheets, and

shall post notices in clear sight in areas to be treated with potentially

hazardous substances at least 24 hours prior to application. Said notices shall

include information of the identity of substances intended to be applied

and any precautions that should be taken by occupants in those areas. The

requirements of this section 11 are in addition to the requirements

established by G.L. c. 111F, c. 132B and other applicable statutes and

regulations.

Section 12. Renovations.

Whenever a public building is renovated while continuing to be occupied,

the building owner shall take such measures as are needed to assure that the

indoor environment experienced by building occupants is not degraded

during the renovation as a result of activities or products used in work sites

or from any other cause related to the renovation. Such measures shall

include, but not be limited to the following:

(a) Except in emergencies, the building owner shall provide notice to

occupants and the representatives of building occupants of the renovations,

including a description of their scope and timing. In the case of emergencies,

such notice shall be provided as soon as reasonably possible.

( Before renovation or similar activities are begun, the building owner,

together with representatives of building occupants, shall meet with the

contractor or individual(s) performing the work and shall develop and

implement a work plan designed to prevent the entry of air contaminants into

occupied areas of the building during and after the performance of the work.

(i) the continued effective functioning of the HVAC systems in the

occupied portions of the building during the renovation;

(ii) isolation of work areas from the occupied portions of the building

and appropriate negative pressure containment;

(iii) air contaminant suppression controls and/or auxiliary air

filtration/cleaning within the occupied portions of the building;

(iv) controls to prevent air contaminant entry into the HVAC air

distribution system;

(v) measures to minimize the impact of noise or vibration from the

renovation on the occupied parts of the building;

(vi) measures to ensure that all building materials and furnishings are

kept dry before they are installed or used in the building;

(vii) augmented cleaning in occupied parts of the building during the

renovation project;

(viii) measures for maintaining adequate heat in the occupied portions of

the building;

(ix) the identity and contact information of the person responsible for

complying with this section of the Act;

(x) regular public posted notices of scheduled renovation activi363 ties,

and

(xi) emergency procedures, including a plan for evacuating occupants from

the building.

Section 13. Recordkeeping.

(a) Maintenance records. Each building owner shall maintain the inspection

and maintenance records required by this Act, which shall include the

specific remedial or maintenance actions taken, the name and affiliation of the

individual performing the work, and the date of the inspection or

maintenance activity.

( Complaints and Reports of Illnesses. The building owner shall maintain

a record of building occupant complaints and reports of illnesses or

symptoms that may be associated with public building conditions in accordance

with sections 7 and 8 of this Act, and of other communications received from

or sent to building occupants regarding building conditions or symptoms or

illnesses related to public building conditions. All complaints shall be

promptly transmitted to the designated person for resolution.

maintain all other records generated as a result of the indoor environmental

compliance program applicable to a public building under its control or as a

result of any action taken with regard to this Act.

(d) Retention of records. Records required to be kept under section 6

shall be maintained in perpetuity. The building owner shall retain all other

records required to be maintained under this section for a minimum of ten

years, unless the record is required to be maintained for a longer period of

time by some other statute.

(e) Availability. The records subject to this section shall be available

on request to building occupants and their representatives for examination

and copying within three business days of a request made.

Section 14. Building Occupant's Right to Request an Inspection.

(a) Any building occupant or representative of a building occupant who

believes that a violation of this Act exists in any public building may

request an inspection of such workplace by the Director by giving written

notice

of the alleged violation to said Director setting forth the grounds for the

notice. When a building occupant is the employee of the building owner,

the building occupant also may request an inspection by the Division of

Occupational Safety by giving written notice of the alleged violation to the

Commissioner setting forth the grounds for the notice. For the purpose of this

section " inspection " shall include an inspection of any public building,

or an inspection of the records required to be kept by this Act. The

identity of any person requesting such an inspection shall be kept confidential

unless said person waives his right to confidentiality in writing.

( If, upon receipt of notification of a request for inspection, the

Director or the Commissioner, depending on which received the request for

inspection, determines that there are reasonable grounds to believe that the

alleged violation exists, he shall cause an inspection to be made as soon as

necessary to prevent immediate harm to building occupants or otherwise as

soon as practicable to determine if the alleged or any other violation

exists. Inspections under this section need not be limited to matters referred

to in the complaint.

or the Commissioner, depending on which received the request for

inspection, shall issue a report detailing its findings and recommendations,

and

provide copies to the building occupant or representative of a building

occupant who requested the inspection, and to the building owner.

Section 15. No Retaliation.

No person shall retaliate or discriminate in any manner against a building

occupant or a representative of a building occupant because the building

occupant or the representative of a building occupant has filed a complaint,

initiated or caused to be initiated any proceeding under or related to

this Act, has testified or is about to testify in any proceeding related to or

arising out of this Act or has taken any action permitted by this Act or

exercised on behalf of himself or others any right afforded by this Act.

Section 16. Enforcement.

(a) The Director or the Commissioner, depending on who received the

request for inspection, shall review the report resulting from an inspection

performed pursuant to section 14.

( If, on the basis of the report, the Director or Commissioner,

depending on which received the request for inspection, concludes that the

building

owner has violated any portion of this Act, he shall issue an order

requiring the building owner to remedy the violations. Such order shall include

a

timeline for implementation for each remedy ordered. If the building owner

does not take the actions prescribed by the order within the time

prescribed by the order, the superior court for the county in which the public

building subject to the report is located shall have jurisdiction to compel

compliance upon the request of said Director, Commissioner, or an occupant of

the affected building.

for inspection, shall provide the building occupant or representative of a

building occupant who requested the inspection with a copy of the order to

comply with this Act, or, if he has determined that there has been no

violation, with written notification of his determination that there is no

violation and the reasons therefor, within 48 hours of the issuance of the

order

or the making of the determination that there has not been a violation of

the Act.

(d) Any person aggrieved by an action or the lack thereof of the Director

or the Commissioner concerning sections 14 and 16 of this Act may appeal

such action to the superior court for the county in which the public building

subject to the action or lack thereof is located.

(e) The Director may order the evacuation of a building at any time if he

determines with or without an inspection having been performed that an

emergency exists that presents an immediate danger to the health or safety of

building occupants as a result of a violation of the requirements of this

Act. Where the building owner is the employer of some or all of the building

occupants, the Commissioner may order the evacuation of a building at any

time if he determines, with or without an inspection having been performed,

that an emergency exists that presents an immediate danger to the health or

safety of building occupants, who are employees of the building owner, as

a result of a violation of the requirements of this Act. The superior court

for the county in which the public building subject to the evacuation

order is located shall have jurisdiction to compel compliance.

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