SF 2804

2nd Engrossment - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to education; requiring schools to use environmentally sensitive cleaning
and maintenance products; establishing guidelines and a task force; proposing
coding for new law in Minnesota Statutes, chapter 121A.

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

Section 1.

[121A.37] ENVIRONMENTALLY SENSITIVE CLEANING AND
MAINTENANCE PRODUCTS.

Subdivision 1.

Definitions.

(a) For the purposes of this section, the following
definitions apply.

(b) "Environmentally sensitive cleaning and maintenance products" means cleaning
and maintenance products that minimize adverse impacts on human health and the
environment.

(c) "School" has the meaning given under section 120A.22, subdivision 4, excluding
home schools.

Subd. 2.

Use of environmentally sensitive cleaning and maintenance products.

By September 1, 2009, a school shall follow the specifications established under
subdivision 4 regarding the purchase and use of environmentally sensitive cleaning and
maintenance products, where economically feasible. A school may deplete existing
cleaning and maintenance product supplies purchased prior to this date. A school shall
annually review the school's cleaning and maintenance product purchasing practices, as
they relate to the specifications established under subdivision 4.

Subd. 3.

Task force.

(a) The commissioner of education shall appoint an
Environmentally Sensitive Product Task Force composed of the following members:

(1) the commissioner of education or the commissioner's designee;

(2) the commissioner of administration or the commissioner's designee;

(3) the commissioner of health or the commissioner's designee;

(4) the commissioner of natural resources or the commissioner's designee;

(5) the commissioner of the Pollution Control Agency or the commissioner's
designee;

(6) the commissioner of labor and industry or the commissioner's designee;

(7) one member from the environmentally sensitive cleaning and maintenance
product industry to be appointed by the commissioner;

(8) two members from environmental advocacy groups with knowledge of
environmentally sensitive cleaning and maintenance products to be appointed by the
commissioner;

(9) two school superintendents to be appointed by the commissioner; and

(10) a school nutrition professional appointed by the commissioner.

(b) The appointing authorities under paragraph (a) must complete their appointments
by June 30, 2011. The commissioner of education or the commissioner's designee shall
serve as the chair of the task force and convene the first meeting of the task force. The
commissioner shall provide meeting space and the necessary support staff for the task
force. Members of the task force serve until their appointing authority designates a
successor.

(c) Notwithstanding section 15.059, subdivision 5, the task force expires ......., 20...

Subd. 4.

Environmentally sensitive cleaning and maintenance product
guidelines and specifications.

(a) By January 1, 2009, the commissioner of education, in
cooperation with the task force established under subdivision 3, shall establish guidelines
and specifications for the purchase and use of environmentally sensitive cleaning and
maintenance products in schools. In developing the guidelines and specifications, the task
force shall review and evaluate existing standards established by other states regarding
environmentally sensitive cleaning and maintenance products, and research and guidance
issued by the United States Environmental Protection Agency and the Office of the
Federal Environmental Executive.

(b) The commissioner of education shall inform schools of the requirements of this
section, distribute the guidelines and specifications developed in paragraph (a) to all
schools, and make information regarding the requirements, guidelines, and specifications
available on the agency's Web site.

(c) By January 1, 2010, 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 new research and guidance available. The
commissioner shall inform all schools of any revisions and post the updated guidelines
and specifications on the agency's Web site.

(d) 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.

Subd. 5.

Rule making exemption.

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.