SENATE DOCKET, NO. 1742        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1447

The Commonwealth of Massachusetts

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PRESENTED BY:

Patricia D. Jehlen

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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 outdoor and indoor air quality for communities burdened by transportation pollution.

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PETITION OF:

SENATE DOCKET, NO. 1742        FILED ON: 2/18/2021

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 1447

The Commonwealth of Massachusetts

_______________

In the One Hundred and Ninety-Second General Court
(2021-2022)

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An Act to improve outdoor and indoor air quality for communities burdened by transportation pollution.

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. Section 1 of Chapter 111 of the Massachusetts General Laws is hereby amended by adding the following definitions

“black carbon” shall mean those fine particles less than or equal to 2.5 micrometers in diameter (also known as soot).

“environmental justice population” shall mean the populations defined in section 62 of chapter 30.

“HEPA filtration” shall mean a high efficiency particulate arrestance filtration system that removes at least 99 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-10.0 microns and is equivalent to a MERV 17, MERV 18, MERV 19, or MERV 20 filter.

“MERV 16 filter” shall mean a minimum efficiency reporting value filtration system that removes at least 95 percent of dust, pollen, mold, bacteria, and any airborne particles with a size of 0.3-10.0 microns.

“particulate matter” or “particulates” shall mean a broad class of chemically and physically diverse substances that exist as discrete particles in air, including coarse, fine, and ultrafine particles.

“fine particulate matter” or “fine particulates” shall mean particulate matter less than or equal to 2.5 micrometers in diameter

“ultrafine particulate matter” or “ultrafine particulates” shall mean particulate matter less than or equal to .1 micrometers in diameter (.1 micrometers is equivalent to 100 nanometers)

SECTION 2. Chapter 21A of the General Laws, as appearing in the 2016 Official Edition, is hereby amended by inserting after section 18A, as Section 18B, the following section:-

The department of environmental protection, in consultation with the executive office of energy and environmental affairs and department of environmental health, shall convene a technical advisory committee comprised of: residents of environmental justice populations living adjacent to major highways; academics with expertise in air monitoring, environmental health, air toxics, and air pollution; and labor representatives; for the purpose of identifying communities with high cumulative exposure burdens for toxic air contaminants and criteria pollutants. The department shall convene the technical advisory committee by December 1, 2021.   The technical advisory committee shall identify the likely air pollution hotspots due to high concentrations of traffic-related air pollution throughout the Commonwealth that should be equipped with new or expanded air monitors and establish a definition of “air quality” and “air quality target pollutants” that includes, but is not limited to, consideration of criteria pollutants, black carbon, and ultrafine particulate matter.

By June 30, 2022, the department of environmental protection shall install and operate air monitors in at least eight air pollution hotspots that measure for at least one of the following pollutants: black carbon, nitrogen oxides, ultrafine particulate matter.  By December 31, 2022, the department of environmental protection shall establish baseline air quality in air pollution hotspots.  Data from the air monitors shall be publicly accessible and provide near-time information. The department of environmental protection shall work with residents of environmental justice populations to conduct participatory action research where residents can use mobile air sensors to expand the number of locations where residents can track air quality.

Once those hotspots are determined and the baseline data is established, the department of environmental protection shall set annual targets to decrease air quality target pollutants between 2023 and 2035 to improve the air quality in that location.  Air monitoring data shall be collected every three years between 2023 and 2035 to measure progress toward achieving air quality target pollutants reduction targets and make such data publicly available.  By December 31, 2030, the department of environmental protection shall ensure that air pollution hotspots will have achieved air quality target pollutant concentrations that are at least 50 percent below the baseline in each hotspot and certify as such by publicly reporting compliance.  By December 31, 2035, the department of environmental protection shall ensure that air quality target pollutants concentrations in hotspots are at least 75 percent below the baseline in each hotspot and certify as such by publicly reporting compliance.  

The department of environmental protection, in consultation with the department of public health, shall promulgate regulations for conducting indoor/outdoor assessments monitoring exposure to ultrafine particulate matter and black carbon particulate matter concentrations present in the indoor air of existing and proposed buildings, based on the best available science about the health risks associated with ultrafine particulate matter and black carbon.  The department of environmental protection’s regulations shall at minimum set forth standard procedures for conducting air dispersion modeling, managing air pollution, monitoring ultrafine particulate matter, and estimating exposure.

The provisions of this chapter may be enforced by means of an action in the superior court seeking either injunctive relief, a declaratory judgment, a writ of mandamus or any combination thereof.  No such action may be commenced without the plaintiff providing written notice of the violations of this chapter to defendants at least sixty (60) days prior to filing a legal action in superior court. All persons shall have standing to commence such enforcement actions.  Reasonable attorneys’ fees shall be recoverable by all substantially prevailing plaintiffs who seek relief under this section.

SECTION 3. Section 26 of Chapter 111 shall be amended by adding the following section after the first paragraph:

Boards of health shall require the installation of air filtration in eligible buildings located within 200 meters of a class 1, class 2 or class 3 roadway, marine terminal, airport, or a train station or train yard serving diesel locomotives.  Eligible buildings include: (i) existing residential public housing; (ii) existing residential private multifamily housing with more than two tenant-occupied units; (iii) existing public schools serving students of any age in grades kindergarten through twelfth grade; (iv) existing private schools schools serving students of any age in grades kindergarten through twelfth grade; (v) existing charter schools serving students of any age in grades kindergarten through twelfth grade; (vi) existing college and university buildings with one or more classrooms; (vii) existing commercial buildings with businesses that have five or more full-time employees; and (viii) existing correctional facilities, including prisons and jails. Boards of health shall require that air filtration be maintained throughout the building operation.

The department of environmental protection, in consultation with the department of public health, department of elementary and secondary education, and executive office of administration and finance, shall identify funding sources to provide incentives for eligible buildings that are schools, private housing, and public housing to cover the cost of installing air filtration equipment.

Air filtration equipment installed in eligible buildings that are schools, commercial buildings greater than 20,000 square feet, and residential buildings with more than 10 units shall be MERV 16 or other equipment that removes at least the same amount of ultrafine particulate matter as a MERV 16 filter.  

SECTION 4.  Section 4A of chapter 15D of the General Laws, as so appearing, is hereby amended by adding the following paragraph:-

(e) The department of early education and care shall issue a new original license for a school age child care program, day care center, family day care system, group care facility or temporary shelter facility, family day care home or large family day care home which is not a part of a family day care system, as defined in section 1A of chapter 15D of the General Laws, only after the applicant has: 

carried out the indoor/outdoor assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate the concentration of fine, ultrafine, and black carbon particles in indoor air is or will be mitigated to at least 80 percent below outdoor air concentrations; or

installed a MERV 16 filter in mechanical ventilation system or standalone HEPA filtration or acceptable mitigation to be determined by the department.  

(f) No license shall be issued until acceptable mitigation has been installed and is functioning.  

SECTION 5. Section 1A of chapter 40A of the General Laws, as so appearing is hereby amended by inserting before the definition of “permit granting authority” the following definitions:

   “construction” shall mean new construction or rehabilitation up to 50 percent of assessed value.

           “hospital” shall mean any institution in the Commonwealth of Massachusetts, however named, whether conducted for charity or for profit, which is advertised, announced, established or maintained for the purpose of caring for persons admitted thereto and staying overnight for diagnosis or medical, surgical or restorative treatment which is rendered within said institution; but shall not include clinics, day surgery centers, dialysis centers, or other such health care facilities which do not admit patients overnight.

        “long-term care facility” shall mean any institution whether conducted for charity or profit which is advertised, announced or maintained for the express or implied purpose of providing three or more individuals admitted thereto with long-term resident, nursing, convalescent or rehabilitative care; supervision and care incident to old age for ambulatory persons; or retirement home care for elderly persons. Long-term care facility shall include convalescent or nursing homes, rest homes, and charitable homes for the aged.

        “particulate matter mitigation” shall mean strategies, structural and nonstructural, that verifiably reduce indoor ultrafine particle levels by 80 percent, relative to outdoor levels.

        “publicly funded” shall mean any entity or institution which receives federal, state or municipal monies, grants, and/or subsidies.

        “publicly subsidized” shall mean any project receiving any form of direct funding, loan, loan guarantee, tax credit, TIF funding, publicly bonded funds, or property tax incentives, issued or granted by any public or quasi-public entity.

        “school” shall mean any public or private institution primarily engaged in the education of persons aged 18 years and younger. This definition does not include institutions of higher education.

SECTION 6. Section 94 of chapter 143 of the General Laws, as so appearing, is hereby amended by inserting the following paragraphs after section (r):

        (s) No permit granting authority shall grant a building permit for any proposed residential development, hospital, school, long-term care facility, school aged child care program, day care center, family day care home or large family day care home which is not a part of a family day care system, family day care system, or group care facility or temporary shelter facility as defined in section 1A of chapter 15D of the General Laws unless: 

        (a)   the owner or applicant carries out an indoor/outdoor particulates assessment consistent with the regulations adopted pursuant to section 18B of chapter 21A of the General Laws, and the assessment results indicate that the concentration of ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or

(b) the owner or applicant has installed a MERV 16 filter in the building’s mechanical ventilation system.

SECTION 7.Subsection (a) of section 6 of chapter 70B of the General Laws, as so appearing, is hereby amended by inserting after subparagraph (6) the following paragraph:-

          (7) If the school project includes structures, apart from parking structures and accessory structures, as defined in Section 21 of Chapter 17 of the General Laws or a train station or train yard serving diesel locomotives, the applicant shall:

carry out the indoor/outdoor particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate that the concentration of ultrafine particulate matter and black carbon is or will be mitigated to at least 80 percent below outdoor concentrations; or

install a MERV 16 filter in the building’s mechanical ventilation system.

SECTION 8. Section 51 of Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:

        No original license shall be issued to establish a hospital so as to place structures inhabited by patients unless the developer 

has carried out the indoor/outdoor particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate that indoor ultrafine particulate matter and black carbon levels are or will be mitigated to at least 80 percent below that of outdoor levels. In the case of a facility previously licensed as a hospital in which there is only a change in ownership, no such particulates assessment shall be required, in the absence of expansions or new construction; or

has installed a MERV 16 filter in the building’s mechanical ventilation system.

SECTION 9. Section 71 of Chapter 111 of the General Laws, as so appearing, is hereby amended by inserting after the second paragraph the following paragraph:-

        No original license shall be issued to establish a convalescent or nursing home, rest home or charitable home for the aged so as to place residential structures unless the developer: 

has carried out the particulates assessment described in section 18B of chapter 21A of the General Laws and the assessment results indicate indoor ultrafine particulate matter and black carbon levels are or will be mitigated to at least 80 percent below those of outdoor levels. In the case of a facility previously licensed in which there is only a change in ownership, no such health risk assessment shall be required, in the absence of expansion or new construction; or

has installed a MERV 16 filter in the building’s mechanical ventilation system.

SECTION 10.  Section 127A of chapter 111 shall be amended to add the following section after the second paragraph:

The department shall amend the state sanitary code to require mold remediation in residential buildings and school buildings with one or more classrooms for the purpose of eliminating moisture and airborne mold spores that have the potential to contribute to public health impacts for building occupants.  Mold remediation shall be required if mold is detected in the interior or exterior of buildings or on structures located throughout a property containing residential buildings or school buildings with one or more classrooms.  

Within 365 days of the effective date, the department shall modify its regulations establishing that the minimum standards of health for human habitation require an environment free of mold.  Local boards of health shall have the authority to enforce said code against building owners that fail to remove moisture and remove airborne mold spores.  Local boards of health may use equipment, such as mold monitors, to detect the presence of moisture or mold. 

SECTION 11. (1) Notwithstanding any special or general law, rule or regulation to the contrary the board of building regulations and standards shall, commencing with the next edition of the International Energy Conservation Code adopted after January 1, 2022 under section 94 of chapter 143 of the General Laws, adopt, approve, codify, and publish mandatory building standards:

(a) for mandatory building standards for the installation of air filtration systems at a minimum of MERV 16; and

(b) do not permit the installation of gas stoves for use in residential construction.

(2) In proposing and adopting standards and regulations under this section, the Board of Building Regulations and Standards shall actively consult with interested parties, including, but not limited to, the Department of Public Health and the Department of Energy Resources.