AB578: Bill Text

LRB-0136/7

RCT:kjf&jld:md

2009 - 2010 LEGISLATURE

2009 Assembly BILL 578

November 12, 2009 - Introduced by Representatives Mason, Black, Berceau, Clark, Parisi, Pope-Roberts, Zepnick and Grigsby, cosponsored by Senators Miller and Risser. Referred to Committee on Natural Resources.

AB578,1,4 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 bill 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 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 bill, in promulgating the rules. Under the bill, DHS may grant a one-year exemption from a requirement in the rules if a person responsible for complying with the requirement demonstrates that compliance would increase its cleaning costs.

The bill 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 three specified private groups. The products include restroom cleaners, general purpose cleaners, hand soap, toilet paper and paper towels, vacuum cleaners, and carpet extractors. The initial requirements for using approved products take effect one year after the bill is enacted. DHS may later modify the requirements for approvals for those products. The bill authorizes DHS to adopt, by rule, an approval requirement for an additional type of product for janitorial or sanitation use 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 bill also requires DHS to include in its initial rules the requirement to use a cleaning system approved by the Greenguard Environmental Institute (GEI), a private nonprofit group, under its Children and Schools standard for any cleaning use for which the GEI has approved a cleaning system. A cleaning system consists of specific cleaning products, materials for applying the cleaning products, equipment, and instructions for a specified cleaning use that a manufacturer submits to GEI for certification. The requirement to use an approved cleaning system takes effect two years after the bill is enacted, except that for buildings owned by this state, other than buildings on a University of Wisconsin campus, and for buildings owned by a political subdivision the requirement takes effect three years after the bill is enacted.

The bill authorizes DHS to require approval of cleaning systems by a different group than GEI or to authorize the use of a cleaning system approved by either GEI or another specified group if the department determines that the other group's standard is practical and addresses other health or environmental concerns in addition to indoor air quality. Under the bill, the requirement to use an approved cleaning system overrides the requirement to use a type of cleaning product approved by a specified group if there is an approved cleaning system that includes the type of cleaning product.

For further information see the state and local fiscal estimate, which will be printed as an appendix to this bill.

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

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

AB578,2,3 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).

AB578,2,5 (b) There is created in the department of health services a council on healthy and environmentally sensitive cleaning consisting of the following members:

AB578,2,6 1. The superintendent of public instruction or the superintendent's designee.

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

AB578,3,1 3. A representative of a producer of cleaning products in this state.

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

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

AB578,3,6 6. Two parents of school students.

AB578,3,7 7. One school student.

AB578,3,8 8. One school principal.

AB578,3,9 9. One school teacher.

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

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

AB578,3,13 (c) The secretary of health services shall appoint the members under par. (b) 3. to 11. for 3-year terms.

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

AB578,3,16 254.565 Healthy and environmentally sensitive cleaning in certain buildings. (1) Definitions. In this section:

AB578,3,17 (a) "Approved" includes certified and recognized.

AB578,3,18 (am) "Campus" has the meaning given in s. 36.05 (3).

AB578,3,19 (b) "Charter school" has the meaning given in s. 115.001 (1).

AB578,3,21 (bm) "Cleaning system" means cleaning products, materials for applying cleaning products, equipment, and instructions for a specified cleaning use.

AB578,3,23 (c) "Council" means the council on healthy and environmentally sensitive cleaning.

AB578,3,25 (d) "Healthy and environmentally sensitive cleaning" means cleaning that minimizes adverse impacts on human health and the environment.

AB578,4,1 (e) "Political subdivision" means a city, village, town, or county.

AB578,4,2 (f) "Private school" has the meaning given in s. 115.001 (3r).

AB578,4,3 (g) "Public school" means a school described in s. 115.01 (1).

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

AB578,4,5 1. For a public school, other than a charter school, the school board.

AB578,4,6 2. For a charter school, the governing body of the charter school.

AB578,4,8 3. For a private school with 50 or more students, the governing body of the private school.

AB578,4,9 4. For a building owned by a political subdivision, the political subdivision.

AB578,4,11 5. For a building owned by a technical college district board, the technical college district board.

AB578,4,13 6. For a building on a campus, the Board of Regents of the University of Wisconsin System.

AB578,4,15 7. For a building owned by this state, other than a building on a campus, the department of administration.

AB578,4,16 (i) "School" means any of the following:

AB578,4,17 1. A public school, including a charter school.