Bipartisan Airborne Act Reintroduced

Earlier this month, Rep. Don Beyer (Democrat-Virginia) and Rep. Brian Fitzpatrick (Republican-Pennsylvania) reintroduced the Airborne Act, legislation that would incentivize nonresidential building owners to conduct indoor air quality (IAQ) assessments and upgrade their ventilation and air filtration systems.

“Improving the air quality of our nation’s workplaces will make workers healthier and our society as a whole more resilient in the face of public health challenges,” Beyer said. “This will also benefit employers and workers by reducing sick days, creating a cleaner and more comfortable work environment, and lessening the risk of long-term health conditions. The pandemic illustrated the dangers of airborne respiratory diseases and the importance of adequate indoor ventilation and indoor air quality, but the improved HVAC and air filtration systems necessary to improve air quality can be expensive to install and maintain. This bill would incentivize building owners to perform IAQ inspections and upgrades, which would make workers healthier and safer from future airborne disease outbreaks.”

“The Airborne Act delivers a win-win: healthier indoor environments and stronger American jobs,” Fitzpatrick said. “By pairing targeted tax incentives with prevailing wage and apprenticeship standards, this legislation drives real investment in modern air quality and HVAC infrastructure while supporting skilled workers and the next generation of the trades. I’ve long worked to advance policies that protect public health while strengthening our workforce, and this bill builds on that commitment—recognizing that safer buildings, good-paying jobs, and economic resilience go hand in hand. It’s how we improve public health and grow our workforce at the same time.”

The Airborne Act would:

• Incentivize commercial building owners to conduct IAQ assessments of their properties by providing them with a US$1 per square foot tax credit, not to exceed the cost of conducting the assessment.
• Incentivize commercial building owners to upgrade their HVAC and/or air filter systems to reach ASHRAE Standard 62.1-2022 or Standard 241-2023. The tax credit for air filter upgrades is equal to $5 per square foot, and $50 per square foot for HVAC system updates, limited to 50% of the total project cost. These amounts are increased to $25 and $250 per square foot for air filters and HVAC systems, respectively, if the work is performed in compliance with the prevailing wage and apprenticeship requirements of the Inflation Reduction Act.
• Create a Department of Energy and Environmental Protection Agency voluntary certification program for property owners to certify that their properties comply with the IAQ standards listed above.
• Eligible recipients also include nonprofits, and for certain public properties, the credit is transferable to the appropriate private entity carrying out the upgrade.