82R8310 JSC-D
By: Farrar H.B. No. 1848
A BILL TO BE ENTITLED
AN ACT
relating to the use of environmentally sensitive cleaning products
in primary and secondary schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 5, Health and Safety Code, is
amended by adding Chapter 346 to read as follows:
CHAPTER 346. ENVIRONMENTALLY SENSITIVE PRODUCTS IN PRIMARY AND
SECONDARY SCHOOLS
Sec. 346.001. DEFINITIONS. In this chapter:
(1) "Agency" means the Texas Education Agency.
(2) "Department" means the Department of State Health
Services.
Sec. 346.002. ENVIRONMENTALLY SENSITIVE PRODUCTS; RULES.
(a) In consultation with the agency and the Texas Commission on
Environmental Quality, the department by rule shall designate
environmentally sensitive products for cleaning and maintenance,
including paper products, that:
(1) minimize adverse effects on the environment; and
(2) are not harmful to students and teachers exposed
to those products.
(b) Cleaning and maintenance products covered by this
section include:
(1) general purpose surface cleaners;
(2) restroom cleaners;
(3) glass cleaners;
(4) floor and carpet cleaners;
(5) hand soap;
(6) toilet tissue;
(7) paper towels;
(8) vacuum cleaners;
(9) laundry care products; and
(10) any other products designated by the department
by rule.
(c) The department may adopt the standards of a third party
certifier of products, such as Green Seal, in promulgating rules
under this section.
(d) The department may not approve a product under this
section if the product's only purpose is to mask an odor.
(e) In adopting rules under this section, the department
shall:
(1) review and evaluate existing research and guidance
regarding environmentally sensitive cleaning and maintenance
products, including research and guidance provided by the United
States Environmental Protection Agency and the Office of the
Federal Environmental Executive; and
(2) provide the public with an opportunity to provide
comments regarding the rules.
Sec. 346.003. USE OF ENVIRONMENTALLY SENSITIVE PRODUCTS IN
SCHOOLS. (a) A primary or secondary school in this state shall use
or require contractors to use environmentally sensitive cleaning
and maintenance products in the cleaning and maintenance of school
facilities.
(b) The department shall provide schools with a list of
products or types of products that are designated as
environmentally sensitive under the rules adopted under Section
346.002(a).
(c) The department in conjunction with the agency shall
provide any technical assistance necessary to enable a school to
comply with this section.
Sec. 346.004. EXEMPTION. Notwithstanding Section
346.003(a), a school district may use an antimicrobial product,
such as a disinfectant or sanitizer, that is not environmentally
sensitive if the use of that product is necessary to protect public
health.
SECTION 2. Notwithstanding Chapter 346, Health and Safety
Code, as added by this Act, a school may, after the effective date
of this Act but before September 1, 2013, use or permit the use of
cleaning and maintenance products other than environmentally
sensitive cleaning and maintenance products as necessary to deplete
a reasonable amount of products purchased before that date.
SECTION 3. The Department of State Health Services shall
adopt the rules required by Chapter 346, Health and Safety Code, as
added by this Act, not later than December 1, 2011.
SECTION 4. This Act takes effect September 1, 2011.