SF 2335 (LSB 5925SV (1) 83)

SENATE FILE 2335

BY  COMMITTEE ON HUMAN RESOURCES

(SUCCESSOR TO SF 2241)

A BILL FOR

An Act relating to utilization of environmentally preferable cleaning and maintenance products in school facilities and state buildings.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  135.23  Building cleaning and maintenance —— environmentally preferable cleaning products.
   1.  Findings and intent.  The general assembly finds that human beings are vulnerable to and may be severely affected by exposure to chemicals, hazardous waste, and other environmental hazards. The federal environmental protection agency estimates that human exposure to indoor air pollutants can be two to five times, and up to one hundred times, higher than outdoor levels. Children, teachers, janitors, and other staff members spend a significant amount of time inside school buildings. Likewise, state employees and citizens of this state spend a significant amount of time inside state buildings. These individuals are continuously exposed to chemicals from cleaners, waxes, deodorizers, and other maintenance products.
   2.  Definitions.  As used in this section, unless the context otherwise requires:
   a.  “Environmentally preferable” means cleaning and maintenance products which meet the policy guidelines and specifications established by the department by rule pursuant to subsection 4.
   b.  “State building” means a public facility or building owned by or leased by the state, or an agency or department of the state.
   3.  Use of environmentally preferable cleaning products.  All school districts in this state, and state agencies utilizing state buildings, are encouraged to voluntarily conform to an environmentally preferable cleaning policy designed to facilitate the purchase and use of environmentally preferable cleaning products for purposes of public school and state building cleaning and maintenance. The policy shall apply to school districts and state agencies on a mandatory basis beginning July 1, 2012, subject to the exemption provisions contained in this subsection. School districts and state agencies procuring supplies for schools and state buildings may deplete their existing cleaning and maintenance supply stocks and implement the new requirements in the procurement cycle for the following year. On or after July 1, 2012, a school district or state agency is exempt from the requirements of this section if the school district or state agency submits written documentation to the department on an annual basis that adoption of the policy would result in a significant increase in annual cleaning and maintenance product and supply costs.
   4.  Policy guidelines and specifications.  
   a.  The department shall establish by rule and update on a semiannual basis thereafter guidelines and specifications for the use of environmentally preferable cleaning and maintenance products in school and state buildings.
   b.  The department shall provide multiple avenues by which cleaning and maintenance products, equipment, and supplies may be determined to be environmentally preferable under the guidelines and specifications.
   (1)  Manufacturers may submit documentation that products have been tested and certified by a nationally recognized organization which establishes environmental standards.
   (2)  Alternatively, manufacturers may submit an affidavit stating that products meet the requirements of a nationally recognized organization which establishes environmental standards.
   (3)  Manufacturers may also submit an affidavit stating that products have undergone a comparative life-cycle assessment that was conducted in accordance with requirements established by a nationally recognized organization which establishes environmental standards.
   c.  The guidelines and specifications established pursuant to this section shall not prohibit the use of disinfectants, disinfecting cleaners, sanitizers, or any other antimicrobial product regulated by the federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 136 et seq., when necessary to protect public health and provided that the use of these products is in accordance with responsible cleaning procedure requirements.
   d.  Guidelines and specifications shall be established by rule after a review and evaluation of existing research by the department, and shall be completed no later than one hundred eighty days after the effective date of this Act. The guidelines and specifications shall include implementation practices, including inspection procedures and evaluation criteria. The completed guidelines and specifications shall be posted and updated on the department’s internet site, and shall additionally be distributed on an updated basis to each school district.
    Sec. 2.  STATE MANDATE FUNDING SPECIFIED.  In accordance with section 25B.2, subsection 3, the state cost of requiring compliance with any state mandate included in this Act shall be paid by a public school district from state school foundation aid received by the school district under section 257.16. This specification of the payment of the state cost shall be deemed to meet all of the state funding-related requirements of section 25B.2, subsection 3, and no additional state funding shall be necessary for the full implementation of this Act by and enforcement of this Act against all affected school districts.
EXPLANATION
   This bill requires school districts and state agencies to purchase and utilize environmentally preferable cleaning products for purposes of cleaning and maintenance beginning July 1, 2012. Prior to that date, the bill’s provisions would apply on a voluntary basis on the part of school districts and state agencies. 
   The bill defines a “state building” as a public facility or building owned or leased by the state, or an agency or department of the state. The bill provides that a school district or a state agency procuring supplies for a school or state building may deplete its existing cleaning and maintenance supply stocks and implement the new requirements in the procurement cycle for the following year, and shall be exempt from compliance if the school district or state agency submits written documentation to the department of public health on an annual basis that adoption of the policy would result in a significant increase in annual cleaning and maintenance product and supply costs.
   The bill provides that the department shall establish by rule and update a policy of guidelines and specifications for the use of environmentally preferable cleaning products. The department is instructed to provide multiple avenues by which cleaning products may be determined to be environmentally preferable, to include in the guidelines implementation practices and inspection procedures, and to post on the department’s internet website and distribute to each school updated copies of the policy.
   The bill may include a state mandate as defined in Code section 25B.3. The bill requires, with respect to public school districts, that the state cost of any state mandate included in the bill be paid by a school district from state school foundation aid received by the district under Code section 257.16. This specification is deemed to constitute state compliance with any state mandate funding-related requirements of Code section 25B.2. The inclusion of this specification is intended to reinstate the requirement of political subdivisions to comply with any state mandates included in the bill.