House
File
823
-
Introduced
HOUSE
FILE
BY
McCARTHY
(COMPANION
TO
LSB
2716XS
BY
GRONSTAL)
Passed
House,
Date
Passed
Senate,
Date
Vote:
Ayes
Nays
Vote:
Ayes
Nays
Approved
A
BILL
FOR
1
An
Act
requiring
public
schools
and
state
agencies
to
utilize
2
environmentally
preferable
cleaning
and
maintenance
products
3
in
school
facilities
and
state
buildings.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
TLSB
2716YH
83
6
rn/nh/5
PAG
LIN
1
1
Section
1.
NEW
SECTION
.
135.23
BUILDING
CLEANING
AND
1
2
MAINTENANCE
==
ENVIRONMENTALLY
PREFERABLE
CLEANING
PRODUCTS.
1
3
1.
FINDINGS
AND
INTENT.
The
general
assembly
finds
that
1
4
human
beings
are
vulnerable
to
and
may
be
severely
affected
by
1
5
exposure
to
chemicals,
hazardous
waste,
and
other
1
6
environmental
hazards.
The
federal
environmental
protection
1
7
agency
estimates
that
human
exposure
to
indoor
air
pollutants
1
8
can
be
two
to
five
times,
and
up
to
one
hundred
times,
higher
1
9
than
outdoor
levels.
Children,
teachers,
janitors,
and
other
1
10
staff
members
spend
a
significant
amount
of
time
inside
school
1
11
buildings.
Likewise,
state
employees
and
citizens
of
this
1
12
state
spend
a
significant
amount
of
time
inside
state
1
13
buildings.
These
individuals
are
continuously
exposed
to
1
14
chemicals
from
cleaners,
waxes,
deodorizers,
and
other
1
15
maintenance
products.
1
16
2.
DEFINITIONS.
As
used
in
this
section,
unless
the
1
17
context
otherwise
requires:
1
18
a.
"Environmentally
preferable"
means
cleaning
and
1
19
maintenance
products
which
meet
the
policy
guidelines
and
1
20
specifications
established
by
the
department
by
rule
pursuant
1
21
to
subsection
4.
1
22
b.
"State
building"
means
a
public
facility
or
building
1
23
owned
by
or
leased
by
the
state,
or
an
agency
or
department
of
1
24
the
state.
1
25
3.
USE
OF
ENVIRONMENTALLY
PREFERABLE
CLEANING
PRODUCTS.
1
26
By
July
1,
2010,
all
school
districts
in
this
state,
and
state
1
27
agencies
utilizing
state
buildings,
shall
conform
to
an
1
28
environmentally
preferable
cleaning
policy
requiring
the
1
29
exclusive
purchase
and
use
of
environmentally
preferable
1
30
cleaning
products
for
purposes
of
public
school
and
state
1
31
building
cleaning
and
maintenance.
School
districts
and
state
1
32
agencies
procuring
supplies
for
schools
and
state
buildings
1
33
may
deplete
their
existing
cleaning
and
maintenance
supply
1
34
stocks
and
implement
the
new
requirements
in
the
procurement
1
35
cycle
for
the
following
year.
A
school
district
or
state
2
1
agency
is
exempt
from
the
requirements
of
this
section
if
the
2
2
school
district
or
state
agency
submits
written
documentation
2
3
to
the
department
on
an
annual
basis
that
adoption
of
the
2
4
policy
would
result
in
a
significant
increase
in
annual
2
5
cleaning
and
maintenance
product
and
supply
costs.
2
6
4.
POLICY
GUIDELINES
AND
SPECIFICATIONS.
2
7
a.
The
department
shall
establish
by
rule
and
update
on
an
2
8
annual
basis
thereafter
guidelines
and
specifications
for
the
2
9
use
of
environmentally
preferable
cleaning
and
maintenance
2
10
products
in
school
and
state
buildings,
and
shall
maintain
a
2
11
list
of
approved
products,
together
with
estimated
costs
and
2
12
supply
vendors.
2
13
b.
The
department
shall
provide
multiple
avenues
by
which
2
14
cleaning
and
maintenance
products,
equipment,
and
supplies
may
2
15
be
determined
to
be
environmentally
preferable
under
the
2
16
guidelines
and
specifications.
At
a
minimum,
such
avenues
2
17
shall
include
the
United
States
environmental
protection
2
18
agency's
design
for
the
environment
program,
the
ecologo
2
19
program
administered
by
the
terrachoice
environmental
2
20
marketing
organization,
environmental
certification
standards
2
21
established
pursuant
to
the
green
seal
organization,
and
2
22
alternative
qualifications.
Alternative
qualifications
may
2
23
include
but
not
be
limited
to
submission
of
testing
by
an
2
24
accredited
third
party
which
verifies
that
the
product
meets
2
25
nationally
recognized
standards.
Alternative
qualifications
2
26
may
also
include
submission
of
a
comparative
life=cycle
2
27
assessment
conducted
in
accordance
with
applicable
standards
2
28
as
determined
by
the
international
organization
for
2
29
standardization
or
any
successor
organization,
and
which
2
30
demonstrates
life=cycle
impact
benefits
including
but
not
2
31
limited
to
benefits
to
human
health,
global
warming
reduction,
2
32
waste
reduction,
or
water
or
energy
usage
reduction,
2
33
associated
with
the
environmentally
preferable
cleaning
2
34
product
when
compared
to
traditional
cleaning
products.
2
35
c.
The
guidelines
and
specifications
established
pursuant
3
1
to
this
section
shall
not
prohibit
the
use
of
disinfectants,
3
2
disinfecting
cleaners,
sanitizers,
or
any
other
antimicrobial
3
3
product
regulated
by
the
federal
Insecticide,
Fungicide,
and
3
4
Rodenticide
Act,
7
U.S.C.
}
136
et
seq.,
when
necessary
to
3
5
protect
public
health
and
provided
that
the
use
of
these
3
6
products
is
in
accordance
with
responsible
cleaning
procedure
3
7
requirements.
3
8
d.
Guidelines
and
specifications
shall
be
established
by
3
9
rule
after
a
review
and
evaluation
of
existing
research
by
the
3
10
department,
and
shall
be
completed
no
later
than
one
hundred
3
11
eighty
days
after
the
effective
date
of
this
Act.
The
3
12
guidelines
and
specifications
shall
include
implementation
3
13
practices,
including
inspection
procedures
and
evaluation
3
14
criteria.
The
completed
guidelines
and
specifications
shall
3
15
be
posted
and
updated
on
the
department's
internet
website,
3
16
and
shall
additionally
be
distributed
on
an
updated
basis
to
3
17
each
school
district.
3
18
Sec.
2.
STATE
MANDATE
FUNDING
SPECIFIED.
In
accordance
3
19
with
section
25B.2,
subsection
3,
the
state
cost
of
requiring
3
20
compliance
with
any
state
mandate
included
in
this
Act
shall
3
21
be
paid
by
a
public
school
district
from
state
school
3
22
foundation
aid
received
by
the
school
district
under
section
3
23
257.16.
This
specification
of
the
payment
of
the
state
cost
3
24
shall
be
deemed
to
meet
all
of
the
state
funding=related
3
25
requirements
of
section
25B.2,
subsection
3,
and
no
additional
3
26
state
funding
shall
be
necessary
for
the
full
implementation
3
27
of
this
Act
by
and
enforcement
of
this
Act
against
all
3
28
affected
school
districts.
3
29
EXPLANATION
3
30
This
bill
requires
school
districts
and
state
agencies
to
3
31
purchase
and
utilize
environmentally
preferable
cleaning
3
32
products
for
purposes
of
cleaning
and
maintenance
beginning
3
33
July
1,
2010.
The
bill
defines
a
"state
building"
as
a
public
3
34
facility
or
building
owned
or
leased
by
the
state,
or
an
3
35
agency
or
department
of
the
state.
The
bill
provides
that
a
4
1
school
district
or
a
state
agency
procuring
supplies
for
a
4
2
school
or
state
building
may
deplete
its
existing
cleaning
and
4
3
maintenance
supply
stocks
and
implement
the
new
requirements
4
4
in
the
procurement
cycle
for
the
following
year,
and
shall
be
4
5
exempt
from
compliance
if
the
school
district
or
state
agency
4
6
submits
written
documentation
to
the
department
of
public
4
7
health
on
an
annual
basis
that
adoption
of
the
policy
would
4
8
result
in
a
significant
increase
in
annual
cleaning
and
4
9
maintenance
product
and
supply
costs.
4
10
The
bill
provides
that
the
department
shall
establish
by
4
11
rule
and
annually
update
a
policy
of
guidelines
and
4
12
specifications
for
the
use
of
environmentally
preferable
4
13
cleaning
products,
and
shall
maintain
a
list
of
approved
4
14
products,
estimated
costs,
and
supply
vendors.
The
department
4
15
is
instructed
to
provide
multiple
avenues
by
which
cleaning
4
16
products
may
be
determined
to
be
environmentally
sensitive
and
4
17
nontoxic,
to
include
in
the
guidelines
implementation
4
18
practices
and
inspection
procedures,
and
to
post
on
the
4
19
department's
internet
website
and
distribute
to
each
school
4
20
updated
copies
of
the
policy.
4
21
The
bill
may
include
a
state
mandate
as
defined
in
Code
4
22
section
25B.3.
The
bill
requires,
with
respect
to
public
4
23
school
districts,
that
the
state
cost
of
any
state
mandate
4
24
included
in
the
bill
be
paid
by
a
school
district
from
state
4
25
school
foundation
aid
received
by
the
district
under
Code
4
26
section
257.16.
This
specification
is
deemed
to
constitute
4
27
state
compliance
with
any
state
mandate
funding=related
4
28
requirements
of
Code
section
25B.2.
The
inclusion
of
this
4
29
specification
is
intended
to
reinstate
the
requirement
of
4
30
political
subdivisions
to
comply
with
any
state
mandates
4
31
included
in
the
bill.
4
32
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