PETITION OF:

SECTION 1. The following words, terms, and abbreviations used in this subchapter shall have the following meanings unless the context clearly indicates otherwise.
“Employee” means any public employee, any person holding a position by appointment or employment in the service of the Commonwealth.
“Owner/lessor” means every person who alone or jointly or severally with others (a) has legal title to any building or structure; or (b) has care, charge, or control of any building or structure in any capacity including but not limited to agent, executor, executrix, administrator, administratrix, trustee or guardian of the estate of the holder of legal title; or (c) lessee under a written letting agreement; or (d) mortgagee in possession; or (e) agent, trustee or other person appointed by the courts. Each such person is bound to comply with the provisions of this code.
“Substantial Renovation” shall mean any renovation for which the cost exceeds 50% of the building’s value.
“Ventilation System” means the mechanical or structural components of a building which are used to supply outdoor air to and remove stale air from any space inside.

SECTION 2. The Department of Labor and Industries, in consultation with the Division of Capital Planning and Operations (DCPO), beginning 90 days upon the acceptance of this bill, shall have authority to apply the ventilation codes specified in the state building code or more stringent codes and standards, that will ensure adequate indoor air quality in buildings occupied by state employees during normal working hours. These standards shall be applied to all state buildings, including the State House, which are constructed or substantially renovated by the state after January 1, 2000, and to buildings for which the state enters into new leases or renews leases following the date in this section. In the case of leases signed prior to adoption of this standard, the owner shall make every feasible effort to comply with the provisions of this standard. Preference in leasing or renting buildings shall be given to those buildings which comply with the state building code, and ventilation or other guidelines for indoor air quality maintenance issued by the Department.

SECTION 3. The Department in consultation with DCPO shall develop a plan by which priorities are established for improving indoor air quality and heating, ventilating, and air conditioning (HVAC) standards in buildings occupied by state employees. This plan shall include data gathering and analysis of air quality in a sample number of buildings by which reasonable projections and estimates concerning air quality problems can be established. The department shall report its findings to the legislative joint standing committees on Health Care and Commerce and Labor no later than 18 months after the enactment of this legislation. This report, at a minimum, shall contain the following:
(a) A description of the extent of the problem, if any, with respect to air quality and ventilation in buildings occupied by state employees;
(b) Priority of locations for which the improvement of air quality is necessary;
(c) A timetable by which these priorities could be addressed;
(d) A description of what may be necessary to address these priorities, including feasible alternatives;
(e) The costs of addressing these priorities; and
(f) If possible, locations leased by the state which may not meet the ventilation standards referred to in section 2. The Department (DLI) and Division (DCPO) shall continue identifying priority locations to be reported to the joint standing committees on an annual basis.

SECTION 4. The department, in consultation with the Division of Capital Planning and Operations, shall develop guidelines and adopt rules and regulations as necessary to administer and enforce this act within nine months of the effective date of this act. Said guidelines, rules and regulations shall address the concerns expressed in the final report of the Special Commission on Indoor Air Pollution and shall include, but not be limited to provisions relating to the annual maintenance schedule, and operation procedure records of mechanical ventilation systems in state leased and newly constructed buildings.
Inspections and maintenance of the mechanical ventilation system shall be documented in writing, in accordance with the guidelines established by the Department. Such records shall be retained by the owner/lessor for at least five years.
The owner/lessor shall make all records required by this section available for examination within 48 hours of a request, to any authorized representative of the Board, Department, to any employee of the owner/lessor affected by this section, and to any designated representative of said employee of the owners/lessors affected by this section.
Any employee affected by this section shall have the right to report any violation of these standards to the local building inspector, the Local Board of Health, the Department of Labor and Industries, or the Department of Public Health, depending on the jurisdiction of each department.

SECTION 5. Anyone who shall violate a provision of these rules and regulations shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for not more than one (1) year, or both, for each violation. Each day during which any portion of a violation continues shall constitute a separate offense.
The imposition of the penalties herein prescribed shall not preclude the Department of Public Health, the Local Board of Health, the Department of Labor and Industries, or building official from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises or to stop an illegal act, conduct, business or use of a building or structure in or about any premises.

SECTION 6. The provisions of this statute shall be deemed severable, and if any part of this statute shall be adjudged unconstitutional or invalid, such judgment shall not affect other valid parts thereof.