HF 2968

as introduced - 86th Legislature (2009 - 2010) Posted on 02/15/2010 09:55am

A bill for an act
relating to environment; requiring public buildings to use environmentally
sensitive cleaning products; establishing guidelines and a task force; proposing
coding for new law in Minnesota Statutes, chapter 116.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [116.351] ENVIRONMENTALLY SENSITIVE CLEANING
PRODUCTS.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin For the purposes of this section:
new text end

new text begin (1) "environmentally sensitive cleaning product" means a cleaning product that has
positive environmental attributes, including biodegradability, low toxicity, low volatile
organic compound content, reduced packaging, and low life-cycle energy use; and
new text end

new text begin (2) "public building" means a building owned or leased by the state government, a
city, a county, a K-12 public school, or a public institution of higher education.
new text end

new text begin Subd. 2. new text end

new text begin Use of environmentally sensitive cleaning products. new text end

new text begin (a) By September 1,
2011, an operator of a public building must follow the specifications established under
subdivision 4 regarding the purchase and use of environmentally sensitive cleaning
products. The operator of a public building may deplete existing cleaning product supplies
purchased before September 1, 2011, but must comply with this section beginning January
1, 2012.
new text end

new text begin (b) Owners of public buildings leased by the state or a county, city, or school
district must include environmentally sensitive cleaning product language specified under
subdivision 1, clause (1), in future leasing contract language.
new text end

new text begin (c) Owners or operators of public buildings that contract to an outside vendor for
cleaning must include environmentally sensitive cleaning product language specified
under subdivision 1, clause (1), in future leasing contract language.
new text end

new text begin Subd. 3. new text end

new text begin Task force. new text end

new text begin The commissioner of the Pollution Control Agency shall
appoint an Environmentally Sensitive Product Task Force composed of the following
members:
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new text begin (1) the commissioner of education;
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new text begin (2) the commissioner of administration;
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new text begin (3) the commissioner of health;
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new text begin (4) the commissioner of labor and industry;
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new text begin (5) two members from the environmentally sensitive cleaning product industry;
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new text begin (6) two members from environmental advocacy groups with knowledge of
environmentally sensitive cleaning products;
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new text begin (7) two school superintendents;
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new text begin (8) a member of a labor union representing public building workers; and
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new text begin (9) an administrator of county building purchasing and maintenance.
new text end

new text begin Subd. 4. new text end

new text begin Environmentally sensitive cleaning product guidelines and
specifications. new text end

new text begin (a) By January 1, 2011, the commissioner of the Pollution Control
Agency, in cooperation with the task force established under subdivision 3, shall
establish guidelines and specifications for the purchase and use of environmentally
sensitive cleaning products in public buildings. In developing the guidelines and
specifications, the task force shall review and evaluate existing standards established by
the environmentally preferable purchasing specialist at the Pollution Control Agency
regarding environmentally sensitive cleaning products and research and guidance issued
by the United States Environmental Protection Agency and the Office of the Federal
Environmental Executive.
new text end

new text begin (b) The commissioner of the Pollution Control Agency shall inform operators
of public buildings of the requirements of this section, distribute the guidelines and
specifications developed in paragraph (a) to all public building operators, make
information regarding the requirements, guidelines, and specifications available on the
agency's Web site, and inform public building operators of the ability to purchase from the
state contract as cooperative purchasing vendors.
new text end

new text begin (c) By January 1, 2012, and annually thereafter, the commissioner, in cooperation
with the task force established in subdivision 3, shall review and issue any revisions to
the guidelines and specifications to reflect available new research and guidance. The
commissioner shall inform all public building operators of any revisions and post the
updated guidelines and specifications on the agency's Web site.
new text end

new text begin (d) If the operator of a public building determines that it is not economically
feasible to purchase and use environmentally sensitive cleaning products by January 1,
2012, the operator shall submit a letter to the Pollution Control Agency and the local
governing board, indicating that the operator will not purchase and use environmentally
sensitive cleaning products. The operator must submit the letter annually until the operator
determines that it is economically feasible to comply with the requirements.
new text end

new text begin Subd. 5. new text end

new text begin Rulemaking exemption. new text end

new text begin The guidelines and specifications developed
under this section are exempt from the rulemaking provisions of chapter 14. The
guidelines and specifications are subject to section 14.386, except that notwithstanding
section 14.386, paragraph (b), the guidelines and specifications continue in effect until
repealed or superseded by other law or rule.
new text end