Amendment ASA1-AB578

AB578-ASA1,5,14 (2) Rules. (a) General. The department, in consultation with the council, shall promulgate rules requiring healthy and environmentally sensitive cleaning in all of the following:

AB578-ASA1,5,15 1. School buildings.

AB578-ASA1,5,16 2. Buildings owned by political subdivisions.

AB578-ASA1,5,17 3. Buildings owned by technical college district boards.

AB578-ASA1,5,18 4. Buildings on a campus.

AB578-ASA1,5,19 5. Buildings owned or leased by this state, other than buildings on a campus.

AB578-ASA1,5,24 (am) Sanitizers. In the rules under this subsection, the department may not prohibit the use in accordance with responsible cleaning procedures of disinfectants, sanitizers, or any other antimicrobial products registered under the federal Insecticide, Fungicide, and Rodenticide Act, 7 USC 136 to 136y, when necessary to protect public health or of hand sanitizers.

AB578-ASA1,6,2 (b) Initial rules for products for janitorial or sanitation use. In the initial rules under this subsection, the department shall include all of the following:

AB578-ASA1,6,4 1. A requirement to use hand cleaners and hand soap approved by Green Seal, Inc.

AB578-ASA1,6,10 2. A requirement to use general purpose cleaners, restroom cleaners, glass cleaners, and carpet cleaners that are approved by Green Seal, Inc.; by TerraChoice Environmental Marketing, Inc., under its EcoLogo standard; by the federal environmental protection agency under its Design for the Environment Program; or by the Greenguard Environmental Institute under its Children and Schools standard.

AB578-ASA1,6,14 3. A requirement to use laundry care products that are approved by TerraChoice Environmental Marketing, Inc., under its EcoLogo standard, or by the federal environmental protection agency under its Design for the Environment Program.

AB578-ASA1,6,19 4. A requirement to use toilet paper that meets the standards, in effect on January 1, 2010, of Green Seal, Inc., or of TerraChoice Environmental Marketing, Inc., under its EcoLogo program, or that meets the recommended standards of the federal environmental protection agency under its comprehensive procurement guidelines, in effect on January 1, 2010.

AB578-ASA1,6,24 5. A requirement to use paper towels and paper napkins meet the standards, in effect on January 1, 2010, of Green Seal, Inc., or of TerraChoice Environmental Marketing, Inc., under its EcoLogo program, or that meet the recommended standards of the federal environmental protection agency under its comprehensive procurement guidelines, in effect on January 1, 2010.

AB578-ASA1,7,3 6. A requirement to use vacuum cleaners that are approved by the Carpet and Rug Institute under its Green Label Program or its Seal of Approval/Green Label Program.

AB578-ASA1,7,5 7. A requirement to use carpet extractors that are approved by the Carpet and Rug Institute under its Seal of Approval Program.

AB578-ASA1,7,8 (d) Initial rules for cleaning systems. In the initial rules under this subsection for cleaning systems, the department shall include a requirement to use one of the following:

AB578-ASA1,7,11 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.

AB578-ASA1,7,13 2. A cleaning system that meets the Environmental Standard for Commercial and Institutional Cleaning Services, of Green Seal, Inc.

AB578-ASA1,7,15 3. A cleaning system that complies with the Healthy Schools Campaign's Quick and Easy Guide to Green Cleaning in Schools.

AB578-ASA1,7,17 4. A cleaning system that meets the Cleaning Industry Management Standard for Green Building, of the International Sanitary Supply Association.

AB578-ASA1,7,19 5. A cleaning system that meets the Children and Schools standard of the Greenguard Environmental Institute.

AB578-ASA1,7,23 6. A cleaning system that meets the standard of another entity, if the department determines that the entity's standard for cleaning systems is protective of human health or preventive of the spread of infection and disease, is practical, and promotes environmentally sensitive cleaning.

AB578-ASA1,8,14 (e) Additional rules for products for janitorial or sanitation use. After promulgating the rules under par. (b), the department, in consultation with the council, may promulgate rules requiring approval by a specified entity or may specify more than one entity whose approval is acceptable for a type of product, other than a paper product, for janitorial or sanitation use, in addition to the types of products covered in par. (b), if Green Seal, Inc., or TerraChoice Environmental Marketing, Inc., has adopted a standard for the type of product or if the federal environmental protection agency has adopted a voluntary standard for the type of product. The department is not required to select Green Seal, Inc., TerraChoice Environmental Marketing, Inc., or the federal environmental protection agency as an entity whose approval is acceptable for a type of product, but may select any entity if the department determines that the entity's standard is practical and promotes healthy and environmentally sensitive cleaning. The department may request Green Seal, Inc., TerraChoice Environmental Marketing, Inc., or the federal environmental protection agency to adopt a standard for a type of product, other than a paper product, for janitorial or sanitation use for which a standard has not been adopted.

AB578-ASA1,8,17 (f) Modifying rules. 1. The department, in consultation with the council, may promulgate rules that modify the rules promulgated under par. (b) 1. to 3., 6., or 7. or (e).

AB578-ASA1,8,24 2. Whenever an entity whose approval is acceptable under a rule promulgated under par. (b) 1. to 3., 6., or 7. or (e) modifies the standard on which its approval is based, the department, in consultation with the council, shall review the modified standard and determine whether to continue to accept approval by that entity. Under this subdivision, the department may accept approval by another entity if the department determines that the other entity's standard is practical and more protective of human health and preventive of the spread of infection and disease.

AB578-ASA1,9,10 3. Whenever an entity specified under par. (d) modifies its standard for cleaning systems, the department, in consultation with the council, shall review the modified standard and determine whether to continue to authorize the use of cleaning systems that meet that entity's standard. The department, in consultation with the council, shall periodically review the standards of entities for cleaning systems to determine whether to continue to authorize the use of cleaning systems that meet the standards of entities designated in rules under par. (d) or under this subdivision and whether to authorize the use of cleaning systems that meet the standards of other entities, if the standards comply with par. (d) 6., instead of or in addition to the standards of the designated entities.

AB578-ASA1,9,14 (g) Providing information. The department shall provide information about the rules under this subsection, including modifications to the rules, to each school board, to the governing body of each charter school, and to the governing body of each private school with 50 or more students.

AB578-ASA1,9,19 (3) Requirement. (a) Except as provided in pars. (b) to (e), beginning on the first day of the 12th month beginning after the effective date of this paragraph .... [LRB inserts date], each responsible person shall ensure that the rules promulgated under sub. (2), other than under sub. (2) (d), are complied with in the building for which the responsible person is responsible.

AB578-ASA1,9,23 (am) Except as provided in pars. (c) and (d), beginning on the first day of the 36th month beginning after the effective date of this paragraph .... [LRB inserts date], each responsible person shall ensure that the rules promulgated under sub. (2) (d) are complied with in the building for which the person is responsible.

AB578-ASA1,9,24 (b) Subject to par. (c), the rules promulgated under sub. (2) (b) do not apply to the use of products purchased before the first day of the 12th month beginning after the effective date of this paragraph .... [LRB inserts date].

AB578-ASA1,10,6 (c) A rule promulgated under sub. (2) requiring use of a type of machine with a specified approval does not apply to the use of a machine of that type purchased before the effective date of the rule.

AB578-ASA1,10,11 (d) 1. A responsible person may obtain an exemption for one year from a requirement in the rules promulgated under sub. (2) relating to the use of a product or cleaning system if the responsible person submits to the department a request letter, a report documenting why complying with the requirement would increase the responsible person's cleaning costs for the year, and supporting bid documents.

AB578-ASA1,10,14 2. A responsible person that has obtained an exemption under subd. 1. for a year may obtain an exemption for a later year only by providing a letter, report, and supporting bid documents, as described in subd. 1., relating to the later year.

AB578-ASA1,10,17 (e) If a requirement in a rule under sub. (2) (d) or (f) 3. conflicts with a requirement in a rule under sub. (2) (b), (e), or (f) 1. or 2., the requirement in the rule under sub. (2) (d) or (f) 3. controls.

AB578-ASA1,10,21 (4) Council. (a) The council shall advise the department on the program under this section. The council shall review the rules under sub. (2) at least every 3 years and provide recommendations on changes to the rules. The council may not meet more than 4 times per year.

AB578-ASA1,10,23 (b) The department shall review and provide a written response to any advice that it receives from the council concerning the program under this section.

AB578-ASA1,11,3 (c) The council may annually give awards for healthy and environmentally sensitive cleaning to political subdivisions, school districts, and institutions of higher education subject to the requirements under this section.

AB578-ASA1,11,5 (5) Inspections not required. The department is not required to make any inspections for the program under this section.

AB578-ASA1,11,8 (6) Internet site. The department shall maintain an Internet site that shows the political subdivisions, school districts, and institutions that comply with the requirements under this section.

AB578-ASA1,11,10 (7) No penalties. The department may not assess a fee or other penalty for noncompliance with this section.

AB578-ASA1, s. 3 Section 3 . Nonstatutory provisions.

AB578-ASA1,11,12 (1) Rule making.

AB578-ASA1,11,16 (a) The department of health services shall submit in proposed form the rules required under section 254.565 (2) (b) of the statutes, as created by this act, to the legislative council staff under section 227.15 (1) of the statutes no later than the first day of the 7th month beginning after the effective date of this subsection.

AB578-ASA1,11,25 (b) Using the procedure under section 227.24 of the statutes, the department of health services may promulgate the rules required under section 254.565 (2) (b) of the statutes, as created by this act, for the period before the effective date of the rules submitted under paragraph (a ), but not to exceed the period authorized under section 227.24 (1) (c) and (2) of the statutes. Notwithstanding section 227.24 (1) (a), (2) (b), and (3) of the statutes, the department is not required to provide evidence that promulgating a rule under this paragraph as an emergency rule is necessary for the preservation of the public peace, health, safety, or welfare and is not required to provide a finding of emergency for a rule promulgated under this paragraph.

AB578-ASA1,12,4 (2) Initial terms of members of council. Notwithstanding the length of terms specified under section 15.197 (5) (c) of the statutes, as created by this act, the secretary of health services shall appoint initial members of the council on healthy and environmentally sensitive cleaning as follows:

AB578-ASA1,12,7 (a) The members under section 15.197 (5) (b) 3., 9., and 12. of the statutes, as created by this act, and one of the members appointed under section 15.197 (5) (b) 6. of the statutes, as created by this act, for terms expiring on July 1, 2012.

AB578-ASA1,12,9 (b) The members under section 15.197 (5) (b) 4., 7., 10., and 13. of the statutes, as created by this act, for terms expiring on July 1, 2013.

AB578-ASA1,12,12 (c) The members under section 15.197 (5) (b) 5., 8., 11., and 14. of the statutes, as created by this act, and one of the members appointed under section 15.197 (5) (b) 6. of the statutes, as created by this act, for terms expiring on July 1, 2014.

AB578-ASA1, s. 4 Section 4. Effective dates. This act takes effect on July 1, 2011, except as follows:

AB578-ASA1,12,16 (1) The treatment of section 15.197 (5) of the statutes and Section 3 (2 ) of this act take effect on the day after publication.

AB578-ASA1,12,17 (End)