House File 823 - Enrolled
House File 823
AN ACT
REQUIRING PUBLIC SCHOOLS, COMMUNITY COLLEGES,
INSTITUTIONS UNDER THE CONTROL OF THE STATE BOARD
OF REGENTS, AND STATE AGENCIES TO COMPLY WITH AN
ENVIRONMENTALLY PREFERABLE CLEANING AND MAINTENANCE POLICY
UNLESS SPECIFIED CONDITIONS FOR NONCOMPLIANCE ARE SATISFIED.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. NEW SECTION. 8A.318 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 cleaning and maintenance
products" includes but is not limited to cleaning and
maintenance products identified by the department and posted on
the department's internet site.
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 and maintenance
products.
a. All school districts in this state, community colleges,
institutions under the control of the state board of regents,
and state agencies utilizing state buildings, are encouraged
to conform to an environmentally preferable cleaning policy
designed to facilitate the purchase and use of environmentally
preferable cleaning and maintenance products for purposes of
public school, community college, regents institution, and
state building cleaning and maintenance.
b. Each school district, community college, institution
under the control of the state board of regents, or state
agency utilizing public buildings shall conduct an evaluation
and assessment regarding implementation of an environmentally
preferable cleaning policy pursuant to this section. On
or after July 1, 2012, all state agencies, and all school
districts, community colleges, and institutions under the
control of the state board of regents which have not opted out
of compliance pursuant to paragraph "c", shall purchase only
cleaning and maintenance products identified by the department
or that meet nationally recognized standards. School
districts, community colleges, institutions under the control
of the state board of regents, 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. This section shall not be interpreted in a manner that
prohibits 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.
c. A school district, community college, or institution
under the control of the state board of regents may, based
upon the evaluation and assessment conducted pursuant to
paragraph "b", opt out of compliance with the requirements
of this section, upon the affirmative vote of a majority of
the members of the board of directors of the school district
or a determination by the president of the community college
or by the president or administrative officer of the regents
institution. A school district, community college, or
regents institution opting out of compliance pursuant to this
paragraph shall notify the department of education, the state
board for community colleges, or the state board of regents,
respectively, of this decision.
4. Information requirements == department internet site. The
department shall provide information on the department's
internet site regarding environmentally preferable cleaning and
maintenance products used by the department. The department
may also provide information regarding other cleaning and
maintenance products that the department is aware of that meet
nationally recognized standards. Information shall also be
provided, at the discretion of the department, regarding the
nationally recognized standards and the entity establishing the
standards.
PATRICK J. MURPHY
Speaker of the House
JOHN P. KIBBIE
President of the Senate
I hereby certify that this bill originated in the House and
is known as House File 823, Eighty=third General Assembly.
MARK BRANDSGARD
Chief Clerk of the House
Approved , 2010
CHESTER J. CULVER
Governor
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