ASSEMBLY, No. 1769

STATE OF NEW JERSEY

213th LEGISLATURE

 

PRE-FILED FOR INTRODUCTION IN THE 2008 SESSION

 


 

Sponsored by:

Assemblywoman BONNIE WATSON COLEMAN

District 15 (Mercer)

Assemblyman FREDERICK SCALERA

District 36 (Bergen, Essex and Passaic)

 

Co-Sponsored by:

Assemblyman DeAngelo

 

 

 

 

SYNOPSIS

     Establishes school chemical management program; appropriates $90,000.

 

CURRENT VERSION OF TEXT

     Introduced Pending Technical Review by Legislative Counsel

  


An Act concerning certain chemicals in schools, supplementing P.L.1977, c.443 (C.26:3A2-21 et seq.), and making an appropriation.

 

     Be It Enacted by the Senate and General Assembly of the State of New Jersey:

 

     1.  As used in P.L.    , c.   (C.      ) (pending before the Legislature as this bill):

     “Chemical” means any substance to be used for educational purposes in school laboratories or science classes.

     “School” means any public school or private school as defined in N.J.S.18A:1-1, or a charter school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).

 

     2.  Within 90 days after the date of enactment of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), each school shall:

     a.  identify all chemicals being stored for the intention of using these chemicals in school laboratories or science classes;

     b.  clearly label each chemical to be stored, showing the chemical name, name of chemical manufacturer or person who prepared the solution, necessary handling and hazard information, and date received or “use by date” as applicable;

     c.  separate chemicals by compatibility and store these chemicals when not in use in appropriate, locked cabinets that are located in dedicated storage areas and not located in classrooms or other areas generally open and accessible to children or the public;

     d.  dispose of, or if unopened return to the vendor, any chemicals that have a greater hazardous nature than educational utility, as identified in Appendix C of the School Chemistry Laboratory Safety Guide published by the National Institute for Occupational Safety and Health of the United States Department of Health and Human Services; and

     e.  dispose of, or if unopened return to the vendor, any chemical more than seven years old.

 

     3.  After the date of enactment of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), no school or school district shall:

     a.  purchase or use any chemical with a greater hazardous nature than educational utility, as identified in Appendix C of the School Chemistry Laboratory Safety Guide published by the National Institute for Occupational Safety and Health of the United States Department of Health and Human Services; or

     b.  purchase or store on school premises more than a two-year supply of any one chemical.


     4.  a.  The Department of Environmental Protection, in consultation with county departments, the Department of Health and Senior Services, the Department of Community Affairs, and the Department of Education, shall establish standards for the management of chemicals in school laboratories and science classes.  The standards established pursuant to this subsection shall:

     (1) include provisions addressing and requiring the proper and safe storage disposal of chemicals;

     (2) require each school district to implement an electronic inventory control system to track the volume and type of chemicals on each school property in order to minimize the over-ordering of chemicals and to oversee the general management of chemicals in schools.  The electronic inventory control system required pursuant to this paragraph shall complement the reporting requirements adopted by the Department of Health and Senior Services pursuant to the “Worker and Community Right to Know Act,” P.L.1983, c.315 (C.34:5A-1 et seq.) in order to minimize duplicative reporting requirements; and

     (3) require each school to annually conduct an evaluation of chemicals stored onsite to determine if there is excessive volume and to identify the nature and volume of chemicals requiring disposal.  Any excess inventory shall be properly disposed of within 90 days after conducting this annual evaluation.

     b.  The Department of Environmental Protection, in consultation with county departments, the Department of Health and Senior Services, the Department of Community Affairs, and the Department of Education, may adopt, pursuant to the “Administrative Procedure Act,” P.L.1968, c.410 (C.52:14B-1 et seq.), rules and regulations necessary to implement P.L.    , c.   (C.      ) (pending before the Legislature as this bill) in addition to the standards required by subsection a. of this section.

 

     5.  Any chemical that is disposed pursuant to P.L.    , c.   (C.      ) (pending before the Legislature as this bill) shall be handled in accordance with:

     a.  all State and federal rules and regulations governing the disposal of hazardous waste; and

     b.  any other requirements developed by the Department of Environmental Protection pursuant to section 4 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill).

 

     6.  Any school or school district that violates the provisions of P.L.    , c.   (C.      ) (pending before the Legislature as this bill) shall:

     a.  be subject to enforcement provisions pursuant to the code adopted in accordance with the "Uniform Fire Safety Act," P.L.1983, c.383 (C.52:27D-192 et seq.); and

     b.  have 90 days from the date of the issuance of a notice of violation or other enforcement document issued pursuant to subsection a. of this section to remedy the violation and comply with the provisions of P.L.    , c.   (C.      ) (pending before the Legislature as this bill) before that school or school district shall be liable for any penalty.

 

     7.  There is appropriated from the General Fund to the Department of Environmental Protection the sum of $90,000 for the purposes of P.L.    , c.   (C.      ) (pending before the Legislature as this bill).

 

     8.  This act shall take effect immediately.

 

 

STATEMENT

 

     This bill would require schools to:  identify all chemicals being stored for use in school laboratories and science classes; clearly label each chemical to be stored, showing the chemical name, name of chemical manufacturer or person who prepared the solution, necessary handling and hazard information, and date received or “use by date” as applicable; separate chemicals by compatibility and store these chemicals when not in use in appropriate, locked cabinets that are located in dedicated storage areas and not located in classrooms or other areas generally open and accessible to children or the public; dispose of, or if unopened return to the vendor, any chemicals that have a greater hazardous nature than educational utility, as identified in Appendix C of the School Chemistry Laboratory Safety Guide published by the United States Department of Health and Human Services’ National Institute for Occupational Safety and Health; and dispose of, or if unopened return to the vendor, any chemical more than seven years old.

     This bill also would prohibit the use of certain chemicals in schools and the purchase or storage on school premises of more than a two-year supply of any one chemical.

     This bill further directs the Department of Environmental Protection, in consultation with county health departments, the Department of Health and Senior Services, the Department of Community Affairs, and the Department of Education, to establish standards for the management of chemicals in school laboratories and science classes.  These standards would:  include provisions addressing and requiring the proper and safe storage of chemicals; require the proper disposal of chemicals within specified timeframes; require school districts to establish a centralized electronic inventory control system to track chemicals used within the district; and require every school to annually conduct an evaluation of chemicals stored onsite to determine if there is excessive volume and to identify the nature and volume of chemicals requiring disposal, and dispose of any excess inventory within 90 days after conducting this annual evaluation.

     The bill also provides that any school or school district that violates any provision of the bill upon enactment into law would be subject to enforcement provisions pursuant to the code adopted in accordance with the "Uniform Fire Safety Act," and would have 90 days from the date of issuance of a notice of violation or other enforcement document to remedy the violation before that school or school district would be liable for any penalty.

     Lastly, this bill would appropriate $90,000 from the General Fund to the Department of Environmental Protection.