N.Y. Education Law § 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.