ASSEMBLY, No. 4087

STATE OF NEW JERSEY

213th LEGISLATURE

 

INTRODUCED JUNE 15, 2009

 


 

Sponsored by:

Assemblyman REED GUSCIORA

District 15 (Mercer)

 

 

 

 

SYNOPSIS

     Requires DOE to adopt green cleaning policy for schools and child care centers with 50 or more students.

 

CURRENT VERSION OF TEXT

     As introduced.

  


An Act concerning the use of environmentally sensitive cleaning products and supplementing Title 18A of the New Jersey Statutes and Title 30 of the Revised Statutes.

 

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

 

     1.    As used in sections 1 through 3 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill):

     “Charter school” means a charter school established pursuant to P.L.1995, c.426 (C.18A:36A-1 et seq.).

     “Child care center” means a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.). 

     “Department” means the Department of Education.

     “Environmentally sensitive cleaning product” means a cleaning or maintenance product that minimizes potential impacts to human health and the environment, consistent with maintaining the effectiveness of these products for the protection of the public health and safety.

     “Private school” means a private school as defined in N.J.S.18A:1-1.

     “Public school” means a public school as defined in N.J.S.18A:1-1.

     “Sponsor” means the same as defined in section 3 of P.L.1983, c.492 (C.30:5B-3).

 

     2.    a.  Within 180 days after the date of enactment of P.L.    , c.   (C.      ) (pending before the Legislature as this bill), the Department of Education shall establish a green cleaning policy for use in public, private and charter schools with 50 or more students, and child care centers with 50 or more students.  This policy shall require the use of environmentally sensitive cleaning products, and shall establish guidelines and specifications for the purchase of environmentally sensitive cleaning products for use in schools with 50 or more students and child care centers with 50 or more students. 

     For the purposes of developing this policy and developing the guidelines and specifications for environmentally sensitive cleaning products, the Department of Education shall: (1) review and evaluate the Green Seal Environmental Standard for Industrial and Institutional Cleaners (GS-37), and the EcoLogo Program’s environmental standards and certification criteria for cleaning products; and (2) use, as appropriate, the Green Product compilation established by the Office of the Federal Environmental Executive in the United States Environmental Protection Agency and established pursuant to Presidential Executive Order 13423 of 2007.

     b.    The department shall disseminate this policy to the local school board of each public school district, the board of trustees of each charter school, the principal or chief administrator of each private school, and each sponsor of a child care center, and make the policy publicly available on the department’s website.

     The department shall provide on-going assistance to schools and child care centers for the implementation of the policy required by this section. 

 

     3.    Notwithstanding the provisions of any other law to the contrary, the local school board of each public school district with 50 or more students, the board of trustees of each charter school with 50 or more students, and the principal or chief administrator of each private school with 50 or more students, respectively, shall procure and use environmentally sensitive cleaning products in the buildings of the school in accordance with the policy developed by the Department of Education pursuant to section 2 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill). 

     Nothing in this section shall preclude a school from depleting existing cleaning product supplies purchased on or prior to the date of enactment of P.L.    , c.   (C.      ) (pending before the Legislature as this bill). 

 

     4.    a.  The owner of the building in which a child care center with 50 or more students is located or the sponsor of a child care center with 50 or more students, as appropriate, shall procure environmentally sensitive cleaning products for use in the space in the building in which the child care center is located in accordance with the policy developed by the Department of Education pursuant to section 2 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill). 

     Nothing in this subsection shall preclude an owner of the building in which a child care center is located or the sponsor of a child care center from depleting existing cleaning product supplies purchased on or prior to the date of enactment of P.L.    , c.   (C.      ) (pending before the Legislature as this bill).

     b.    As used in this section:

     “Child care center” means a child care center licensed pursuant to the provisions of P.L.1983, c.492 (C.30:5B-1 et seq.). 

     “Environmentally sensitive cleaning product” means the same as defined in section 1 of P.L.    , c.   (C.      ) (pending before the Legislature as this bill).

     "Sponsor" means the same as defined in section 3 of P.L.1983, c.492 (C.30:5B-3).

 

     5.    This act shall take effect immediately.


STATEMENT

 

     This bill requires the Department of Education to adopt a green cleaning policy for use in schools and child care centers with 50 or more students.  This policy would require the use of environmentally sensitive cleaning products in public, private and charter schools with 50 or more students, and child care centers with 50 or more students.  The bill defines “environmentally sensitive cleaning product” to mean any cleaning or maintenance product that minimizes potential impacts to human health and the environment, consistent with maintaining the effectiveness of these products for the protection of the public health and safety.  The bill requires the Department of Education to establish, and make available on its website, guidelines and specifications for the purchase of environmentally sensitive cleaning products for use in schools and child care centers.  The bill would not preclude the use of an existing supply of cleaning products purchased on or prior to the date of enactment of this bill into law.

     Children are vulnerable to and may be severely affected by exposure to chemicals, hazardous waste, and other environmental hazards.  Children, teachers, janitors and other school employees spend a significant portion of time inside school buildings and may be continuously exposed to chemicals from cleaning products.  This bill seeks to limit that exposure through the required use of environmentally sensitive cleaning products. 

     On January 12, 2006, Governor Codey issued Executive Order No.76 directing all State departments, authorities and instrumentalities with purchasing responsibility to procure and use cleaning products that minimize potential impacts to human health and the environment, consistent with maintaining the effectiveness of the products for the protection of the public health and safety.  The order also encouraged county and municipal governments and school districts that are not expressly subject to the requirements of the order to review their purchasing and use of cleaning products and urged them to comply with the provisions of the order where deemed appropriate.  In addition, the order provided that, wherever feasible, State entities covered by the order transition to environmentally and health-friendly cleaning products as soon as possible in a manner that avoids wasting of existing inventories, and directed that new purchasing contracts for the purchase of cleaning products or cleaning services include an appropriate requirement consistent with the order and the guidelines to be provided by the Department of the Treasury.  This bill expands on that order by requiring the Department of Education to establish and implement a green cleaning policy.