Bill S.2440

SENATE DOCKET, NO. 2663 FILED ON: 6/19/2023

SENATE . . . . . . . . . . . . . . No. 2440

By Ms. Friedman (by request), a petition (accompanied by bill, Senate, No. 2440) (subject to Joint Rule 12) of Eliza Coady Perez, Susan Perkins, Ann Marie Faust and Carmine Lawrence Gentile for legislation to improve student and staff attendance and performance by ensuring CO2 monitoring in schools throughout the Commonwealth. Education.

The Commonwealth of Massachusetts

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In the One Hundred and Ninety-Third General Court
(2023-2024)

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An Act to improve student and staff attendance and performance by ensuring CO2 monitoring in schools throughout the Commonwealth.

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, relative to the installation and operation of CO2 monitoring systems, provides that the Commonwealth will collect data, to the extent described in this legislation, from existing CO2 monitoring systems previously installed in a select number of schools throughout the Commonwealth. Schools that do not yet possess CO2 monitoring systems shall be required to install such monitoring systems and begin data collection on or before January 1, 2024.

For purposes of providing students and staff with a safe and healthy environment in which to learn and work, and to curtail ongoing student and staff absences related to illness, provisions of this legislation shall apply to all public schools with students between grades K-12 on or before January 1, 2024.

SECTION 1(a): for purposes of this section and sections 2 through 4 inclusive of this act:

(1) “school facility” means any permanent building or portable structure, building, or commercial space owned, rented, operated, leased by a local or regional board of education, including, but not limited to, donated space being used as a classroom or any other space for educational services, including, but not limited to, classrooms, cafeterias, staff lounges, staff offices, auditoriums, gymnasiums, libraries, restrooms, and spaces providing multiple purposes.

(2) “hours of school activity” means any time throughout the day when students, staff and community members occupy a school facility.

(3) “multipurpose spaces” means rooms and spaces within an educational setting that can be or are used for multiple purposes, including but not limited to meetings, instructional activities, dining, and social gatherings.

(4)“CO2 monitoring system” is an instrument for the measurement of carbon dioxide gas and PM2.5 (Particulate Matter less than 2.5 microns in size).

(5) “portable HEPA filters” means portable High Efficiency Particulate Air filters.

(6)“small particulate matter” means inhalable particles that are less than 10 microns in size (PM10) and less than 2.5 microns in size (PM2.5), as defined by the Environmental Protection Agency.

(7) “allergen” means a substance that causes an allergic reaction.

(8) “Far-UV disinfection systems” mean Ultraviolet Germicidal Irradiation (UVGI) lamps. UVGI lamps are low-pressure mercury lamps in air ducts of ventilation systems or fixed fixtures in the upper portion of rooms that kill or inactivate airborne and surface microorganisms.

(9)“Mechanical ventilation unit” means the intentional fan-driven flow of outdoor air into a building.

(10)“ventilation verification assessment” means an assessment performed by certified third-party ventilation contractors to inspect, repair and test all ventilation systems to determine proper functioning of all components of systems used to mechanically and naturally ventilate occupied spaces including but not limited to HVAC and mechanical windows so that measured results meet or exceed design capacity and standards for acceptable air quality.

(11) “district officials” means those in authority who have responsibility for the safety, welfare, and orderly conduct of the District and campus community, or who have had such authority and responsibility delegated to them, including trustees, officers, faculty and administrative staff.

(12) “certified third-party ventilation contractors” means licensed and certified professionals and companies such as mechanical engineer, aerosol engineer, HVAC contractors and air testing and balancing firms, that can perform the analysis, testing, design, construction, control programming, balancing, commissioning, maintenance and operation of services required to make the adjustments and achieve the performance included in these recommendations.

(13) “ACH” means Air changes per hour (ACH): The total volume of air that flows through a room in 1 h (cubic meters per hour) divided by the room volume in cubic meters. A = Q/V, where A is air changes per hour, Q is the air volume that flows through the room in 1 h, and V is the volume of the room.

(14) “aerosol engineer” means a person specialized in the study of aerosols.

(15) “aerosols” mean solid particles or liquid droplets dispersed in a gas phase, with sizes spanning from clusters of molecules (nanometers) to rain droplets (millimeters).

(16) “PM2.5” means fine inhalable particles, with diameters that are generally 2.5 micrometers and smaller.

(17) “accessible database” means a database accessible via a public website that contains the real time and historical data produced by CO2 monitoring systems and the status of any engineering upgrades or mitigations.

(18) “HVAC contractors” means a certified professional or company who services and repairs ventilation systems.

(19) “air testing and balancing firms” means a certified professional or company who identify operating problems in HVAC systems and recommend appropriate procedures to correct them to ensure optimum performance of all systems and sub-systems in accordance with design intent

SECTION 2. Relative to data collected via each CO2 monitor contained within any given school facility throughout the commonwealth. Real time and historical data and all engineering and balancing reports produced by and collected from CO2 monitors is to be made available to parents, guardians, third-party ventilation contractors, state officials, and constituent groups or organizations via an accessible database. Data obtained via CO2 monitors will be used to assess the safety of air quality and ventilation adequacy within each school facility Standards for acceptable air quality are defined herein:

1) CO2 Levels in each classroom and multipurpose space are continuously measured at or below 600 ppm and PM2.5 at or below 12 μg/m3 while the building is occupied.

2) Ventilation systems will maintain an average of 12 ACH while the building is occupied.

3) Far-UV installed in pre-existing ventilation systems; OR Upper-UV installed in each classroom or multipurpose space at a distance of at least 8 feet above the ground.

4) MERV13 filters will be installed and maintained in each existing HVAC system reliant on interchangeable filters.

5) Portable HEPA filters deemed appropriate for room size and occupancy by a certified third-party ventilation contractor placed in each classroom in the “ON” position at all times during regular school hours.

6) HVAC/Ventilation systems run continuously while the building is occupied and are to remain in the “ON” position rather than “AUTO.”

SECTION 3. Relative to the adequate filtration of air within school facilities. The commonwealth shall provide:

(a) portable HEPA air filters to be placed in each K-12 classroom, health office, library, cafeteria, multipurpose area. Portable HEPA air filters serve the purpose of physically removing small particulate matter and allergens.

(b) Far-UV disinfection systems for classrooms, cafeterias, auditoriums, hallways, health offices, and all multipurpose spaces. Far-UV systems work to decrease the proliferation of mold spores, mildew, bacteria and respiratory pathogens that lead to common upper respiratory tract infections, resulting in potential increased absenteeism amongst school aged children and school facility employees.

SECTION 4. Relative to minimum requirements for ventilation in indoor spaces. School districts across the commonwealth are required to maintain two properly functioning windows per classroom. Classrooms located within interior areas of a school facility that do not possess two functioning windows are required to install a mechanical ventilation unit in order to meet minimum air quality and ventilation requirements.

School districts throughout the commonwealth will be required to undergo a ventilation verification assessment. A ventilation verification assessment will provide a review of current systems, and/or recommendations for mechanical ventilation implementation as needed on a case by case basis including incidents in which Standards for Acceptable Air Quality are not met. Data collected during the ventilation verification assessment shall be made available to impacted families, students, school personnel, and district officials.

Name:	District/Address:
Eliza Coady Perez
Susan Perkins
Ann Marie Faust
Carmine Lawrence Gentile	13th Middlesex	9/12/2023