2015 -- H 5499

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LC001267

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2015

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A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

     Introduced By: Representatives O`Grady, Handy, Amore, Carson, and Morin

     Date Introduced: February 12, 2015

     Referred To: House Health, Education & Welfare

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 16 of the General Laws entitled "EDUCATION" is hereby amended

by adding thereto the following chapter:

CHAPTER 21.6

GREEN CLEANING ACT OF 2015

     16-21.6-1. Title. – This chapter shall be known and may be cited as the "Green Cleaning

Act of 2015."

     16-21.6-2. Legislative findings and intent. – It is hereby found and declared as follows:

     (1) Research shows a clear link between poor indoor air quality, sick students and

teachers, and poor academic and occupational performance. While an effective cleaning program

has been scientifically proven to protect against the spread of a variety of diseases and

contaminants, some traditional cleaners contain chemicals that may have a greater impact on the

environment or a vulnerable population.

     (2) Cleaning and maintenance products and procedures that are more sustainable in terms

of human and environmental health are increasingly being developed, are commonly available

and have become cost competitive.

     (3) School districts, public and private elementary and secondary schools should

implement green cleaning programs which utilize environmentally preferable cleaning and

maintenance products and which promote practices for sustainable cleaning, including paper and

equipment procurement.

     (4) There is a widespread benefit from a marketplace that encourages innovation to

develop products that perform effectively while reducing their environmental impact.

     16-21.6-3. Definitions. – As used in this chapter, the following words and phrases, unless

a different meaning is plainly required by the context, shall have the following meanings:

     (1) "Elementary and secondary schools" means facilities used for instruction of

elementary or secondary students by:

     (i) Any school district;

     (ii) Any charter school;

     (iii) Any school for students with disabilities; or

     (iv) Any other private or parochial elementary or secondary school with greater than

twenty-five (25) students.

     (2) "Environmentally preferable cleaning and maintenance products" means those

cleaning and maintenance products and equipment intended to clean surfaces within a school

facility (such as, but not limited to: glass cleaners, bathroom cleaners, carpet cleaners and general

surface cleaners) that perform effectively and simultaneously meet the cleaning needs of the

school while minimizing adverse impacts on human health and the environment.

     (3) "Environmentally preferable paper" means janitorial paper products that minimize the

environmental impact resulting from their use, production, transport and disposal.

     (4) "Facility" means any school building or facility used for instructional purposes and

the surrounding grounds or other sites used for playgrounds, athletics or other instructional

purposes.

     16-21.6-4. Green cleaning supply guidelines and specifications. – (a) The department

of elementary and secondary education (which shall be designated the lead agency for the

purposes of this chapter) shall, in consultation with the department of health, and a panel of

stakeholders (to be appointed by the director of elementary and secondary education which shall

include cleaning industry representatives, nongovernmental organizations, and others) establish

and amend on a biennial basis guidelines and specifications for environmentally preferable

cleaning and maintenance products, equipment and paper, for use in school facilities. The

department of elementary and secondary education shall provide multiple avenues by which

cleaning and maintenance products, equipment and paper may be determined to be

environmentally preferable under the guidelines. At a minimum, the guidelines shall include the

United States Environmental Protection Agency's Design for the Environment (DfE) Program,

the EcoLogo program administered by TerraChoice, Green Seal as avenues, as well as alternative

means of qualification, such as: a submission of testing by an accredited third party verifying that

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the product meets the criteria of one of the recognized standards and others as determined

appropriate by the department of elementary and secondary education.

     (b) The guidelines and specifications established under 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; provided, that the use of these products is in accordance with responsible

cleaning procedures requirements. The guidelines and specifications may stipulate

environmentally preferable requirements preferability (including, but not limited to, the use of

third-party certifications of environmental preferability) to be made in reference to such products.

     (c) The guidelines and specifications established under this section shall permit the use of

products outside the scope of the guidelines developed under this section, and those products

otherwise excluded from the environmental standards established by any of the generally

recognized third-party entities listed in the guidelines developed herein.

     (d) Guidelines and specifications must be established after a review and evaluation of

existing research and must be completed no later than one hundred eighty (180) days after the

effective date of this chapter. Guidelines and specifications should include implementation

practices, including inspection and evaluation. The completed guidelines and specifications must

be posted on the department of elementary and secondary education website.

     16-21.6-5. Use of environmentally preferable cleaning supplies. – No later than ninety

(90) days after implementation of the guidelines and specifications established under § 16-21.6-4

herein, all elementary and secondary schools shall establish a sustainable cleaning policy and

exclusively purchase and use environmentally preferable cleaning products, equipment and paper

pursuant to said guidelines and specifications; provided, however, that schools shall not dispose

of existing products, equipment or paper, but rather shall be permitted to deplete existing supplies

and implement the new requirements in the procurement cycle for the following year.

     16-21.6-6. Dissemination. – (a) Within thirty (30) days of the completion of the

guidelines and specifications pursuant to § 16-21.6-4, the department of elementary and

secondary education shall determine and implement a method for disseminating to each

elementary and secondary school in the state, a copy of said guidelines and specifications. The

department of elementary and secondary education shall maintain a website that promotes the use

of environmentally preferable cleaning and maintenance programs, which provides information

on how procurement officials and others can determine which cleaning products, paper and/or

equipment meet the criteria for environmental preferability, and that will include best practices

for covered schools regarding environmentally preferable cleaning and maintenance products.

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Said website should contain prominent language stating that the guidelines do not apply to

products excluded under §§ 16-21.6-4(b) and (c). The department of elementary and secondary

education shall also provide on-going assistance to schools to carry out the requirements of this

chapter.

     (b) In the event that the guidelines and specifications under § 16-21.6-4 are updated by

the department of elementary and secondary education, the department shall provide a copy of

updates to each school and shall post all updated materials on its website.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO EDUCATION -- HEALTH AND SAFETY OF PUPILS

***

     This act would require the use of environmentally preferable cleaning supplies in all

elementary and secondary schools. The state department of elementary and secondary education

would be placed in charge of implementation.

     This act would take effect upon passage.

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LC001267

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