Senate Amendment 5180


PAG LIN

     1  1    Amend Senate File 2335 as follows:
     1  2 #1.  By striking everything after the enacting clause
     1  3 and inserting:
     1  4    <Section 1.  NEW SECTION.  8A.318  Building cleaning
     1  5 and maintenance == environmentally preferable cleaning
     1  6 products.
     1  7    1.  Findings and intent.  The general assembly finds
     1  8 that human beings are vulnerable to and may be severely
     1  9 affected by exposure to chemicals, hazardous waste, and
     1 10 other environmental hazards.  The federal environmental
     1 11 protection agency estimates that human exposure to
     1 12 indoor air pollutants can be two to five times, and
     1 13 up to one hundred times, higher than outdoor levels.
     1 14 Children, teachers, janitors, and other staff members
     1 15 spend a significant amount of time inside school
     1 16 buildings.  Likewise, state employees and citizens of
     1 17 this state spend a significant amount of time inside
     1 18 state buildings.  These individuals are continuously
     1 19 exposed to chemicals from cleaners, waxes, deodorizers,
     1 20 and other maintenance products.
     1 21    2.  Definitions.  As used in this section, unless
     1 22 the context otherwise requires:
     1 23    a.  "Environmentally preferable cleaning and
     1 24 maintenance products" includes but is not limited to
     1 25 cleaning and maintenance products identified by the
     1 26 department and posted on the department's internet
     1 27 site.
     1 28    b.  "State building" means a public facility or
     1 29 building owned by or leased by the state, or an agency
     1 30 or department of the state.
     1 31    3.  Use of environmentally preferable cleaning and
     1 32 maintenance products.
     1 33    a.  All school districts in this state, community
     1 34 colleges, institutions under the control of the
     1 35 state board of regents, and state agencies utilizing
     1 36 state buildings, are encouraged to conform to an
     1 37 environmentally preferable cleaning policy designed
     1 38 to facilitate the purchase and use of environmentally
     1 39 preferable cleaning and maintenance products for
     1 40 purposes of public school, community college,
     1 41 regents institution, and state building cleaning and
     1 42 maintenance.
     1 43    b.  Each school district, community college,
     1 44 institution under the control of the state board of
     1 45 regents, or state agency utilizing public buildings
     1 46 shall conduct an evaluation and assessment regarding
     1 47 implementation of an environmentally preferable
     1 48 cleaning policy pursuant to this section.  On or
     1 49 after July 1, 2012, all state agencies, and all school
     1 50 districts, community colleges, and institutions under
     2  1 the control of the state board of regents which have
     2  2 not opted out of compliance pursuant to paragraph "c",
     2  3 shall purchase only cleaning and maintenance products
     2  4 identified by the department or that meet nationally
     2  5 recognized standards.  School districts, community
     2  6 colleges, institutions under the control of the state
     2  7 board of regents, and state agencies procuring supplies
     2  8 for schools and state buildings may deplete their
     2  9 existing cleaning and maintenance supply stocks and
     2 10 implement the new requirements in the procurement
     2 11 cycle for the following year. This section shall not
     2 12 be interpreted in a manner that prohibits the use of
     2 13 disinfectants, disinfecting cleaners, sanitizers,
     2 14 or any other antimicrobial product regulated by the
     2 15 federal Insecticide, Fungicide, and Rodenticide Act, 7
     2 16 U.S.C. { 136 et seq., when necessary to protect public
     2 17 health and provided that the use of these products
     2 18 is in accordance with responsible cleaning procedure
     2 19 requirements.
     2 20    c.  A school district, community college, or
     2 21 institution under the control of the state board of
     2 22 regents may, based upon the evaluation and assessment
     2 23 conducted pursuant to paragraph "b", opt out of
     2 24 compliance with the requirements of this section,
     2 25 upon the affirmative vote of a majority of the members
     2 26 of the board of directors of the school district or
     2 27 a determination by the president of the community
     2 28 college or by the president or administrative officer
     2 29 of the regents institution.  A school district,
     2 30 community college, or regents institution opting out of
     2 31 compliance pursuant to this paragraph shall notify the
     2 32 department of education, the state board for community
     2 33 colleges, or the state board of regents, respectively,
     2 34 of this decision.
     2 35    4.  Information requirements == department internet
     2 36 site.   The department shall provide information on the
     2 37 department's internet site regarding environmentally
     2 38 preferable cleaning and maintenance products used
     2 39 by the department.  The department may also provide
     2 40 information regarding other cleaning and maintenance
     2 41 products that the department is aware of that meet
     2 42 nationally recognized standards.  Information shall
     2 43 also be provided, at the discretion of the department,
     2 44 regarding the nationally recognized standards and the
     2 45 entity establishing the standards.>
     2 46 #2.  Title page, by striking lines 1 through 3 and
     2 47 inserting <An Act requiring public schools, community
     2 48 colleges, institutions under the control of the state
     2 49 board of regents, and state agencies to comply with an
     2 50 environmentally preferable cleaning and maintenance
     3  1 policy unless specified conditions for noncompliance
     3  2 are satisfied.>


                                        
          AMANDA RAGAN
          SF2335.1765 (3) 83
          rn/nh

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