SF 2593

2nd Engrossment - 86th Legislature (2009 - 2010) Posted on 03/11/2010 04:37pm

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
performs effectively and meets the cleaning needs of the public building while minimizing
adverse impacts on human health and the environment through attributes such as
biodegradability, low toxicity, low volatile organic compound content, reduced packaging,
or 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 3 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 buildings, who lease 50 percent or more of a building to 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 for
that building.
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 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
shall establish guidelines and specifications for the use of environmentally sensitive
cleaning products in public buildings. At a minimum, the guidelines shall allow the use of
the United States Environmental Protection Agency's Design for the Environment (DFE)
program, the EcoLogo program administered by TerraChoice, Green Seal, and alternative
qualifications such as: a submission of testing by an accredited third party verifying that
the product meets the criteria of one of the recognized standards and other alternatives as
determined appropriate by the Pollution Control Agency.
new text end

new text begin (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, United States Code,
title 7, section 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.
new text end

new text begin (c) The commissioner of administration 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 (d) By January 1, 2012, and annually thereafter, the commissioners of administration
and the Pollution Control Agency shall review and issue any revisions to the guidelines
and specifications to reflect available new research and guidance. The commissioner of
administration 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 (e) 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 commissioner of administration and the
local governing board specifically indicating the financial reasons 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. 4. 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