Amendment ASA1-AB578

LRBs0230/1

RCT:kjf&jld:rs

2009 - 2010 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 2009 ASSEMBLY BILL 578

January 25, 2010 - Offered by Representative Mason.

AB578-ASA1,1,4 An Act to create 15.197 (5) and 254.565 of the statutes; relating to: healthy and environmentally sensitive cleaning in certain buildings, providing an exemption from emergency rule procedures, and granting rule-making authority.

Analysis by the Legislative Reference Bureau

This substitute amendment requires the Department of Health Services (DHS) to promulgate rules requiring cleaning that minimizes adverse effects on human health and the environment (healthy and environmentally sensitive cleaning) in school buildings, buildings on University of Wisconsin campuses, other buildings owned or leased by this state, buildings owned by a technical college district board, and buildings owned by a city, village, town, or county (political subdivision). DHS must consult with the Council on Healthy and Environmentally Sensitive Cleaning, created by the substitute amendment, in promulgating the rules. Under the substitute amendment, DHS may grant an exemption from a requirement in the rules (for one year at a time) if a person responsible for complying with the requirement demonstrates that compliance would increase its cleaning costs.

The substitute amendment requires DHS to include, in the initial rules for healthy and environmentally sensitive cleaning, requirements to use certain products that are approved by the Environmental Protection Agency (EPA) under its voluntary Design for the Environment Program or by one or more of four specified private groups. The products include restroom cleaners, general purpose cleaners, hand soap, vacuum cleaners, and carpet extractors. The initial requirements for using approved products take effect two years after the substitute amendment is enacted. DHS may later modify the requirements for approvals for those products. The substitute amendment authorizes DHS to adopt, by rule, an approval requirement for an additional type of product for janitorial or sanitation use, other than a paper product, if EPA, Green Seal, Inc., or TerraChoice Environmental Marketing (which operates the EcoLogo program) approves the type of product. DHS may require approval by a group other than one of the specified groups, if DHS determines that the other group bases its approval on a standard that is practical and promotes healthy and environmentally sensitive cleaning.

The substitute amendment treats paper products differently than other products. Under the substitute amendment, DHS must include in the initial rules for healthy and environmentally sensitive cleaning, requirements to use toilet paper, paper towels, and paper napkins that meet the standards, in effect on January 1, 2010, of Green Seal, Inc., or TerraChoice Environmental Marketing (which operates the EcoLogo program) or that meet the recommended standards under EPA's comprehensive procurement guidelines. Under the substitute amendment, DHS may not change the requirements related to toilet paper, paper towels, and paper napkins or impose an approval requirement for other kinds of paper products.

The substitute amendment also requires DHS to include in its rules requirements concerning cleaning systems. A cleaning system consists of cleaning products, materials for applying the cleaning products, equipment, and instructions for a specified cleaning use. The substitute amendment requires DHS, in its initial rules for cleaning systems, to require the use of one of the following, beginning in four years:

1. A cleaning system that meets the standards for certification under the LEED for Existing Buildings: Operations and Maintenance rating system of the U.S. Green Building Council.

2. A cleaning system that meets the Environmental Standard for Commercial and Institutional Cleaning Services, of Green Seal, Inc.

3. A cleaning system that complies with the Healthy Schools Campaign's Quick and Easy Guide to Green Cleaning in Schools.

4. A cleaning system that meets the Cleaning Industry Management Standard for Green Building, of the International Sanitary Supply Association.

5. A cleaning system that meets the Children and Schools standard of the Greenguard Environmental Institute.

6. A cleaning system that meets the standard of another entity if the standards are protective of human health or preventive of the spread of infection and disease, are practical, and promote environmentally sensitive cleaning.

The substitute amendment authorizes DHS to later modify the rules specifying standards applicable to cleaning systems.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB578-ASA1, s. 1 Section 1. 15.197 (5) of the statutes is created to read:

AB578-ASA1,3,3 15.197 (5) Council on healthy and environmentally sensitive cleaning. (a) In this subsection, "school" has the meaning given in s. 254.565 (1) (i).

AB578-ASA1,3,5 (b) There is created in the department of health services a council on healthy and environmentally sensitive cleaning consisting of the following members:

AB578-ASA1,3,6 1. The superintendent of public instruction or the superintendent's designee.

AB578-ASA1,3,7 2. The secretary of natural resources or the secretary's designee.

AB578-ASA1,3,8 3. A representative of a producer of cleaning products in this state.

AB578-ASA1,3,10 4. A representative of a labor union that represents workers who use cleaning products.

AB578-ASA1,3,12 5. A representative of the organization Wisconsin Association of School Nurses or a similar organization.

AB578-ASA1,3,13 6. Two parents of school students.

AB578-ASA1,3,14 7. One school student.

AB578-ASA1,3,15 8. One school principal.

AB578-ASA1,3,16 9. One school teacher.

AB578-ASA1,3,17 10. One school district administrator, as defined in s. 115.001 (8).

AB578-ASA1,3,18 11. One health professional with expertise in public health.

AB578-ASA1,3,19 12. A representative of the University of Wisconsin System.

AB578-ASA1,3,20 13. A representative of the technical college system.

AB578-ASA1,4,3 14. A representative of the Association of Wisconsin School Administrators who has professional expertise in building maintenance and a background in the supervision of building maintenance.

AB578-ASA1,4,5 (c) The secretary of health services shall appoint the members under par. (b) 3. to 14. for 3-year terms.

AB578-ASA1, s. 2 Section 2. 254.565 of the statutes is created to read:

AB578-ASA1,4,8 254.565 Healthy and environmentally sensitive cleaning in certain buildings. (1) Definitions. In this section:

AB578-ASA1,4,9 (a) "Approved" includes certified and recognized.

AB578-ASA1,4,10 (am) "Campus" has the meaning given in s. 36.05 (3).

AB578-ASA1,4,11 (b) "Charter school" has the meaning given in s. 115.001 (1).

AB578-ASA1,4,13 (bm) "Cleaning system" means cleaning products, materials for applying cleaning products, equipment, and instructions for a specified cleaning use.

AB578-ASA1,4,15 (c) "Council" means the council on healthy and environmentally sensitive cleaning.

AB578-ASA1,4,17 (d) "Healthy and environmentally sensitive cleaning" means cleaning that minimizes adverse impacts on human health and the environment.

AB578-ASA1,4,18 (e) "Political subdivision" means a city, village, town, or county.

AB578-ASA1,4,19 (f) "Private school" has the meaning given in s. 115.001 (3r).

AB578-ASA1,4,20 (g) "Public school" means a school described in s. 115.01 (1).

AB578-ASA1,4,21 (h) "Responsible person" means one of the following: