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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