S.F. 2335 Section 1. NEW SECTION . 135.23 Building cleaning and 1 maintenance —— environmentally preferable cleaning products. 2 1. Findings and intent. The general assembly finds that 3 human beings are vulnerable to and may be severely affected by 4 exposure to chemicals, hazardous waste, and other environmental 5 hazards. The federal environmental protection agency estimates 6 that human exposure to indoor air pollutants can be two to five 7 times, and up to one hundred times, higher than outdoor levels. 8 Children, teachers, janitors, and other staff members spend a 9 significant amount of time inside school buildings. Likewise, 10 state employees and citizens of this state spend a significant 11 amount of time inside state buildings. These individuals 12 are continuously exposed to chemicals from cleaners, waxes, 13 deodorizers, and other maintenance products. 14 2. Definitions. As used in this section, unless the context 15 otherwise requires: 16 a. “Environmentally preferable” means cleaning and 17 maintenance products which meet the policy guidelines and 18 specifications established by the department by rule pursuant 19 to subsection 4. 20 b. “State building” means a public facility or building 21 owned by or leased by the state, or an agency or department of 22 the state. 23 3. Use of environmentally preferable cleaning products. All 24 school districts in this state, and state agencies utilizing 25 state buildings, are encouraged to voluntarily conform to 26 an environmentally preferable cleaning policy designed to 27 facilitate the purchase and use of environmentally preferable 28 cleaning products for purposes of public school and state 29 building cleaning and maintenance. The policy shall apply 30 to school districts and state agencies on a mandatory basis 31 beginning July 1, 2012, subject to the exemption provisions 32 contained in this subsection. School districts and state 33 agencies procuring supplies for schools and state buildings may 34 deplete their existing cleaning and maintenance supply stocks 35 -1- LSB 5925SV (1) 83 rn/nh 1/ 4

S.F. 2335 and implement the new requirements in the procurement cycle 1 for the following year. On or after July 1, 2012, a school 2 district or state agency is exempt from the requirements of 3 this section if the school district or state agency submits 4 written documentation to the department on an annual basis that 5 adoption of the policy would result in a significant increase 6 in annual cleaning and maintenance product and supply costs. 7 4. Policy guidelines and specifications. 8 a. The department shall establish by rule and update on a 9 semiannual basis thereafter guidelines and specifications for 10 the use of environmentally preferable cleaning and maintenance 11 products in school and state buildings. 12 b. The department shall provide multiple avenues by which 13 cleaning and maintenance products, equipment, and supplies 14 may be determined to be environmentally preferable under the 15 guidelines and specifications. 16 (1) Manufacturers may submit documentation that products 17 have been tested and certified by a nationally recognized 18 organization which establishes environmental standards. 19 (2) Alternatively, manufacturers may submit an affidavit 20 stating that products meet the requirements of a nationally 21 recognized organization which establishes environmental 22 standards. 23 (3) Manufacturers may also submit an affidavit stating that 24 products have undergone a comparative life-cycle assessment 25 that was conducted in accordance with requirements established 26 by a nationally recognized organization which establishes 27 environmental standards. 28 c. The guidelines and specifications established pursuant 29 to this section shall not prohibit the use of disinfectants, 30 disinfecting cleaners, sanitizers, or any other antimicrobial 31 product regulated by the federal Insecticide, Fungicide, 32 and Rodenticide Act, 7 U.S.C. § 136 et seq., when necessary 33 to protect public health and provided that the use of these 34 products is in accordance with responsible cleaning procedure 35 -2- LSB 5925SV (1) 83 rn/nh 2/ 4

S.F. 2335 requirements. 1 d. Guidelines and specifications shall be established 2 by rule after a review and evaluation of existing research 3 by the department, and shall be completed no later than one 4 hundred eighty days after the effective date of this Act. The 5 guidelines and specifications shall include implementation 6 practices, including inspection procedures and evaluation 7 criteria. The completed guidelines and specifications shall be 8 posted and updated on the department’s internet site, and shall 9 additionally be distributed on an updated basis to each school 10 district. 11 Sec. 2. STATE MANDATE FUNDING SPECIFIED. In accordance 12 with section 25B.2, subsection 3, the state cost of requiring 13 compliance with any state mandate included in this Act shall be 14 paid by a public school district from state school foundation 15 aid received by the school district under section 257.16. 16 This specification of the payment of the state cost shall be 17 deemed to meet all of the state funding-related requirements of 18 section 25B.2, subsection 3, and no additional state funding 19 shall be necessary for the full implementation of this Act 20 by and enforcement of this Act against all affected school 21 districts. 22 EXPLANATION 23 This bill requires school districts and state agencies 24 to purchase and utilize environmentally preferable cleaning 25 products for purposes of cleaning and maintenance beginning 26 July 1, 2012. Prior to that date, the bill’s provisions would 27 apply on a voluntary basis on the part of school districts and 28 state agencies. 29 The bill defines a “state building” as a public facility 30 or building owned or leased by the state, or an agency or 31 department of the state. The bill provides that a school 32 district or a state agency procuring supplies for a school 33 or state building may deplete its existing cleaning and 34 maintenance supply stocks and implement the new requirements 35 -3- LSB 5925SV (1) 83 rn/nh 3/ 4

S.F. 2335 in the procurement cycle for the following year, and shall 1 be exempt from compliance if the school district or state 2 agency submits written documentation to the department of 3 public health on an annual basis that adoption of the policy 4 would result in a significant increase in annual cleaning and 5 maintenance product and supply costs. 6 The bill provides that the department shall establish by 7 rule and update a policy of guidelines and specifications for 8 the use of environmentally preferable cleaning products. The 9 department is instructed to provide multiple avenues by which 10 cleaning products may be determined to be environmentally 11 preferable, to include in the guidelines implementation 12 practices and inspection procedures, and to post on the 13 department’s internet website and distribute to each school 14 updated copies of the policy. 15 The bill may include a state mandate as defined in Code 16 section 25B.3. The bill requires, with respect to public 17 school districts, that the state cost of any state mandate 18 included in the bill be paid by a school district from state 19 school foundation aid received by the district under Code 20 section 257.16. This specification is deemed to constitute 21 state compliance with any state mandate funding-related 22 requirements of Code section 25B.2. The inclusion of this 23 specification is intended to reinstate the requirement of 24 political subdivisions to comply with any state mandates 25 included in the bill. 26 -4- LSB 5925SV (1) 83 rn/nh 4/ 4