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Cleanlink News 3/13/2009

States Focus on Green Cleaning in 2009

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As reported by ISSA's Bill Balek.

State legislatures continue to focus on green cleaning as no less than six bills have been introduced in the first quarter of 2009 that would mandate the procurement and use of environmentally preferable cleaning products and services.

California, Minnesota, Oregon and Vermont have all introduced their respective versions of green cleaning for schools legislation. In addition, the Illinois and Washington State legislatures are considering bills that would require all state agencies to implement green cleaning programs.

These legislative initiatives, if enacted into law, will have a direct impact on those companies that do business with schools and/or government agencies in those states. But perhaps more importantly, state legislation of this nature has an influence on the purchasing preferences of private sector institutional facilities, and is therefore likely to have a significant impact on market demand generally for green cleaning in each of the respective states.

To help ISSA members stay abreast of these important developments, we have summarized each of these various state legislative initiatives below and have provided links to the actual text of the pending legislation.

California
Introduced on February 26, 2009, Assembly Bill 821 would create the Clean and Healthy Schools Act and would require, when it is economically feasible, but no later than the 2010-11 school year, all school districts and all nonpublic elementary and secondary schools with 50 or more pupils to purchase and use exclusively “environmentally preferable cleaning and maintenance products.” 

The bill defines “environmentally preferable cleaning and maintenance products” as a product that “…meets independent, third party certification criteria…” such as those issued by Green Seal or under the EcoLogo program.  The bill’s definition of “third party certification” presumably would NOT include cleaning products recognized under the EPA Design for the Environment Formulator Program (DfE).  Schools could opt out of the green cleaning mandate if they determine that it is not economically feasible to purchase and use green cleaning products.

Connecticut
HB 6496 would require public K-12 schools to implement a green cleaning program that provides for the procurement and use of environmentally preferable cleaning products in school buildings and facilities.  The bill would require cleaning products to be certified by an independent third party.  The bill’s definition of an “independent third party” would preclude reference to the DfE Formulator program as currently drafted.  In addition, the definition of an “environmentally preferable cleaning product” excludes disinfectants, sanitizers and other antimicrobial products registered with EPA.  To date, the bill has received a hearing and remains in the Education Committee. 

Hawaii
HB 1538 would require public schools to use “environmentally sensitive” cleaning and maintenance products.   The bill would require the Department of Health to issue guidelines and specifications defining environmentally sensitive cleaning and maintenance products.   In so doing, the Department is required to review and evaluate existing research regarding environmentally sensitive cleaning and maintenance products, including any research and guidance issued by the U.S. EPA.

HB 1538 was passed by the House and has now been referred to the State Senate.

Illinois
House Bill 2437 would require all State-owned buildings to establish a green cleaning policy and purchase and use only “environmentally sensitive cleaning products” that are defined consistent with the Guidelines and Specifications established pursuant to the Illinois Green Cleaning for Schools Act.  The Illinois Guidelines and Specifications incorporate by reference products that meet or are certified / recognized by Green Seal, EcoLogo, or DfE as environmentally sensitive. 

A State-owned building shall be exempt from the green cleaning requirements if it can demonstrate that it would not be economically feasible to implement such a program.

HB 2437 was introduced in late February 2009, and has been assigned to the Environmental Health Committee that will conduct a hearing on the matter on March 12. 

Maryland
HB 709 would require public schools to purchase and use third party certified environmentally preferable cleaning products.  The bill defines a third party certifier as an “established and legitimate, nationally recognized program developed for the purpose of identifying environmentally preferable products.”  Public schools would also be required to implement an integrated pest management program. 

Also pending in the House is HB 1363 that would likewise require public schools to procure and use green cleaning products.  Under this bill, the County Board of Education would be required to draft specifications defining green cleaning product that have positive environmental attributes such as biodegradability, low toxicity, low VOC content and reduced packaging.

Both bills have been referred to the House Ways and Means Committee and are scheduled for hearings on March 17 (HB 709) and March 18 (HB 1363).

Minnesota
HF 610 and companion Senate legislation (SF 308) would require public and nonpublic K-12 schools to purchase and use environmentally sensitive cleaning and maintenance products by September 1, 2010. 

Both the House and Senate bills would establish an Environmentally Sensitive Product Task Force for the purpose of establishing guidelines and specifications for the purpose of defining “environmentally sensitive cleaning and maintenance products.”  In developing such guidelines and specifications, the legislation would require the Task Force to review and evaluate existing standards established by the state of New York, as well as research and guidance issued by the U.S. EPA and the Office of the Federal Environmental Executive.

Both bills were introduced on January 29, 2009, and have not been acted upon since.

Nevada
Introduced on March 9, 2009, SB 185 would require K-12 public schools to procure and use only environmentally sensitive cleaning and maintenance products.  The bill would require the State Board of Education to establish guidelines defining environmentally sensitive cleaning products using a consensus process involving all pertinent stakeholders including industry.  The bill has been referred to the House Committee on Health and Education. 

Oregon
Senate Bill 668, introduced in early March 2009, would require all K-12 public schools, community colleges and state institutions of higher education to establish a green cleaning policy by June 30, 2010. 

The Oregon legislation would require the State Department of Administrative Services to create a list of green cleaning and maintenance products.  According to SB 668, all such listed products shall have the certification or ecolabel of an “independent environmental organization” or the DfE label.  The list may exempt those products for which no ecolabel or certification program exists.  The aforementioned schools would be required to procure and use such products, unless it was not economically feasible to do so.

SB 668 was referred to the Senate Education and General Government Committee on March 9.

Rhode Island
HB 5358 would require all K-12 public, private, parochial or charter schools to use environmentally sensitive cleaning and maintenance products.  The bill would require the Commissioner of Education to issue guidelines and specifications for the purchase and use of environmentally preferable cleaning and maintenance products.  The bill was introduced on February 10, 2009 and a hearing held by the House Education and Welfare Committee on March 11. 

South Carolina
H 3156 would require state contracts to provide a preference for environmentally preferable goods and services.  The bill was introduced in mid-January and immediately referred to the House Ways and Means Committee.

Vermont
The Vermont General Assembly is considering legislation (H. 389) that would require public and independent K-12 schools to “…ensure that only environmentally preferable cleaning products certified by an independent third party, when available, are used to clean schools…” and shall not purchase or allow the use of air fresheners in a school.  The bill’s definition of an “independent third party” presumably would exclude the DfE Formulator Program.

For those product categories for which there is no standard or certification program, schools would be required to establish a stakeholder committee to review the available options and choose the most effective environmentally preferable cleaning product available. 

Unlike the other bills which are the subject of this article, Vermont would impose penalties upon schools that violate the bill’s requirements.  In addition, H 389 would also impose penalties upon suppliers that provided schools with cleaning products that were not environmentally preferable. 

Washington
Last but not least, HB 1168 was introduced in the Washington State Legislature in mid-January, and would require all State agencies to purchase and use environmentally preferable cleaning products. 

The bill would require the Washington Department of General Administration, in consultation with the Department of Health and the Department of Ecology, to develop guidance in identifying environmentally preferable cleaning products based on consideration of “nationally recognized accrediting information from multiple sources.”  Presumably this guidance would be based on Green Seal, EcoLogo, and the DfE programs.

HB 1168 was the subject of a public hearing held by the House Committee on Environmental Health on January 28, but no action has been taken since that time.

Additional Information
At the present, there are a total of 17 states that have already adopted a green cleaning procurement policy of one nature or another.

ISSA has summarized existing state, local and federal government green cleaning policies to provide members with insight regarding this dynamic market trend.  The ISSA Green Cleaning Product Procurement Policies, Initiatives and Requirements in the U.S. can be found online at www.issa.com/greenprocure.