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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of environmentally sensitive cleaning products |
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in primary and secondary schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subtitle A, Title 5, Health and Safety Code, is |
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amended by adding Chapter 346 to read as follows: |
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CHAPTER 346. ENVIRONMENTALLY SENSITIVE PRODUCTS IN PRIMARY AND |
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SECONDARY SCHOOLS |
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Sec. 346.001. DEFINITIONS. In this chapter: |
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(1) "Agency" means the Texas Education Agency. |
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(2) "Department" means the Department of State Health |
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Services. |
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Sec. 346.002. ENVIRONMENTALLY SENSITIVE PRODUCTS; RULES. |
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(a) In consultation with the agency and the Texas Commission on |
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Environmental Quality, the department by rule shall designate |
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environmentally sensitive products for cleaning and maintenance, |
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including paper products, that: |
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(1) minimize adverse effects on the environment; and |
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(2) are not harmful to students and teachers exposed |
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to those products. |
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(b) Cleaning and maintenance products covered by this |
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section include: |
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(1) general purpose surface cleaners; |
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(2) restroom cleaners; |
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(3) glass cleaners; |
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(4) floor and carpet cleaners; |
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(5) hand soap; |
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(6) toilet tissue; |
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(7) paper towels; |
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(8) vacuum cleaners; |
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(9) laundry care products; and |
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(10) any other products designated by the department |
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by rule. |
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(c) The department may adopt the standards of a third party |
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certifier of products, such as Green Seal, in promulgating rules |
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under this section. |
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(d) The department may not approve a product under this |
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section if the product's only purpose is to mask an odor. |
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(e) In adopting rules under this section, the department |
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shall: |
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(1) review and evaluate existing research and guidance |
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regarding environmentally sensitive cleaning and maintenance |
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products, including research and guidance provided by the United |
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States Environmental Protection Agency and the Office of the |
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Federal Environmental Executive; and |
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(2) provide the public with an opportunity to provide |
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comments regarding the rules. |
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Sec. 346.003. USE OF ENVIRONMENTALLY SENSITIVE PRODUCTS IN |
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SCHOOLS. (a) A primary or secondary school in this state shall use |
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or require contractors to use environmentally sensitive cleaning |
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and maintenance products in the cleaning and maintenance of school |
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facilities. |
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(b) The department shall provide schools with a list of |
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products or types of products that are designated as |
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environmentally sensitive under the rules adopted under Section |
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346.002(a). |
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(c) The department in conjunction with the agency shall |
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provide any technical assistance necessary to enable a school to |
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comply with this section. |
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Sec. 346.004. EXEMPTION. Notwithstanding Section |
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346.003(a), a school district may use an antimicrobial product, |
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such as a disinfectant or sanitizer, that is not environmentally |
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sensitive if the use of that product is necessary to protect public |
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health. |
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SECTION 2. Notwithstanding Chapter 346, Health and Safety |
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Code, as added by this Act, a school may, after the effective date |
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of this Act but before September 1, 2013, use or permit the use of |
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cleaning and maintenance products other than environmentally |
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sensitive cleaning and maintenance products as necessary to deplete |
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a reasonable amount of products purchased before that date. |
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SECTION 3. The Department of State Health Services shall |
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adopt the rules required by Chapter 346, Health and Safety Code, as |
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added by this Act, not later than December 1, 2011. |
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SECTION 4. This Act takes effect September 1, 2011. |