New York Education Section 409-i - Procurement And Use Of Environmentally-sensitive Cleaning And Maintenance Products.

409-i. Procurement and use of environmentally-sensitive cleaning and maintenance products. 1. For the purpose of this section the following terms shall mean:

(a) "Elementary or secondary school" means a facility used for instruction of elementary or secondary students by: (i) any school district, including a special act school district and a city school district in a city having a population of one hundred twenty-five thousand inhabitants or more, (ii) a board of cooperative educational services, (iii) a charter school, (iv) an approved private school for the education of students with disabilities, (v) a state-supported school for the deaf or blind operated pursuant to article eighty-five of this chapter, and (vi) any other private or parochial elementary or secondary school.

(b) "Environmentally-sensitive cleaning and maintenance products" means those cleaning and maintenance products that minimize adverse impacts on children's health and the environment.

(c) "Facility" means any school building or facility used for instructional purposes and the surrounding grounds or other sites used for playgrounds, athletics or other instructional purposes.

2. The commissioner of general services, in consultation with the commissioner and the commissioners of environmental conservation, health and labor, shall establish and from time to time amend guidelines and specifications for environmentally-sensitive cleaning and maintenance products for use in elementary and secondary school facilities. For the purpose of developing appropriate criteria for such guidelines and specifications, such commissioners shall review and evaluate existing research regarding environmentally-sensitive cleaning and maintenance products, including but not limited to, research and guidance issued by the United States environmental protection agency and the office of the federal environmental executive. In developing such guidelines, the commissioner of general services shall provide public notice and an opportunity to comment. Such guidelines shall be followed by elementary and secondary schools to identify and procure environmentally-sensitive cleaning and maintenance products which are available in the form, function and utility generally used by elementary and secondary schools in their facilities.

3. The commissioner of general services shall disseminate to all elementary and secondary schools guidelines and specifications for the purchase and use of environmentally-sensitive cleaning and maintenance products in elementary and secondary schools for use in their facilities. The commissioner of general services shall also prepare and disseminate to all elementary and secondary schools a sample list of such environmentally-sensitive cleaning and maintenance products that meet these guidelines or specifications. The commissioner of general services shall provide assistance and guidance to elementary and secondary schools in carrying out the requirements of this section. Elementary and secondary schools shall follow such guidelines, specifications and sample list when purchasing cleaning and maintenance products for use in their facilities.

4. Elementary and secondary schools shall notify their personnel of the availability of such guidelines, specifications and sample list.

5. On or before June first, two thousand seven, the department, in consultation with the office of general services, shall issue a report providing an analysis of the impact of such guidelines and specifications on the purchasing, procurement and use of environmentally-sensitive cleaning and maintenance products by elementary and secondary schools. Nothing in this section shall preclude an elementary or secondary school from depleting existing cleaning and maintenance supply stores purchased prior to the effective date of this section.


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Last modified: September 11, 2016