BILL ANALYSIS
AB 821
Page 1
Date of Hearing: April 22, 2009
ASSEMBLY COMMITTEE ON EDUCATION
Julia Brownley, Chair
AB 821 (Brownley) - As Amended: April 15, 2009
SUBJECT : Environmentally preferable cleaning and maintenance
products
SUMMARY : Requires, by the 2010-11 school year, or when it is
economically feasible, all school districts, and all nonpublic
elementary and secondary schools with 50 or more pupils, to
purchase and use exclusively environmentally preferable cleaning
and cleaning maintenance products if an environmentally
preferable cleaning and cleaning maintenance product exists.
Specifically, this bill :
1)Makes a number of findings and declarations, including the
following:
a) The negative impact of exposure to chemicals, hazardous
waste and environmental hazards.
b) The benefits of clean indoor air quality, including
reduction in the incidence of asthma, allergies, and
absenteeism in pupils; increased teacher retention rates;
and reduced worker compensation claims.
c) Third-party, independent, voluntary certification
programs exist that set standards for, and evaluate,
environmentally preferable cleaning and cleaning
maintenance products, including Green Seal and EcoLogo.
The current standards establish environmental requirements
for industrial and institutional general-purpose, restroom,
glass, carpet cleaners, floor care products, and handsoaps,
intended for routine cleaning of offices, schools, and
institutions, and include consideration of vulnerable
populations in institutional settings, such as schools and
day-care facilities.
2)Provides the following definitions for the purposes of this
bill:
a) "Economically feasible" means that there is no net
increase in the cleaning costs of a school.
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b) "Environmentally preferable cleaning and cleaning
maintenance product" that is intended for routine cleaning
and cleaning maintenance, including, but not limited to,
general-purpose cleaners, bathroom cleaners, carpet
cleaners, glass cleaners, floor cleaners, floor finishes,
floor strippers, hand cleaners, and soap, means a product
that meets independent, third-party certification criteria
for lesser or reduced effects on human health and
environment compared with competing goods or services that
serve the same purpose. Environmentally preferable
cleaning and cleaning maintenance product does not include
any disinfecting cleaner, sanitizer, or any other
antimicrobial product regulated by the Federal Insecticide,
Fungicide, and Rodenticide Act, until the United States
Environmental Protection Agency adopts a final rule that
may allow these products to make environmentally preferable
claims and obtain and use environmentally preferable
certifications.
c) "Third-party certification" means certification by an
established, independent, nationally recognized program
developed for the purpose of identifying environmentally
preferable products that meets, at a minimum, all of the
following criteria:
i) Has an open, public process for setting standards
that involves the public and key stakeholders.
ii) Clearly defines the fees a manufacturer must pay for
certification.
iii) Clearly avoids conflicts of interest in the standard
setting and product evaluation process.
iv) Has the criteria and standards for certification
published and publicly available and easily accessible to
purchasers, manufacturers, and the general public, such
as through the program's Internet Web site, and includes
a list of certified products that meet the standards.
v) Bases certification of the product and its packaging
on criteria for reducing effects on human health and
safety, ecological toxicity, other environmental impacts,
and resource conservation, including, at a minimum,
consideration of chemicals that cause cancer, mutagenic
and reproductive harm, organ and nervous system damage,
asthma, smog, ozone depletion, aquatic toxicity,
bioaccumulation, and eutrophication.
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vi) Requires periodic revisions and updates of the
standards to remain consistent with current research
about the potential impact of chemicals on human health
and the environment.
vii) Monitors and reinforces the standards, provides for
the authority to inspect the manufacturing facilities,
and periodically does so.
viii) Has a registered, legally protected certification
mark.
ix) If possible, is developed by consensus among key
stakeholders.
x) Establishes a leadership level in standards for
products.
3)Authorizes a school to deplete its existing cleaning and
maintenance supply stocks and implement the new requirements
in the next procurement cycle.
4)Specifies that if a school district or school determines that
it is not economically feasible to purchase and use
environmentally preferable cleaning and cleaning maintenance
products by the 2010-11 school year, the school district or
school shall provide written notification that it will not
purchase and use environmentally preferable cleaning and
cleaning maintenance products to the California Department of
Education (CDE) until it determines that it is economically
feasible to do so.
5)Requires the CDE to post information on its Internet Web site
to assist school districts and schools in complying with the
provisions of this bill.
6)Specifies that this bill sets minimum standards for cleaning
products used in schools. Nothing shall prevent local
jurisdictions from adopting guidelines that are more
stringent.
EXISTING LAW :
1)Expresses declarations and findings regarding the danger of
art supplies containing toxic substances.
2)Beginning with the 1987-88 school year, prohibits schools,
school districts or governing authority of a private school
from purchasing or ordering art or craft material that is
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deemed by the State Department of Health Services to contain a
toxic substance or a toxic substance causing chronic illness,
for use by students in kindergarten through grade 6.
3)Beginning June 1, 1987, prohibits schools, school districts or
governing authority of a private school from purchasing or
ordering any substance that is deemed by the State Department
of Health Services to contain a toxic substance or a toxic
substance causing chronic illness, for use by students in
grades 7 through 12, unless it meets specified labeling
standards.
FISCAL EFFECT : Unknown
COMMENTS : Health impact . According to the United States (U.S.)
Environmental Protection Agency (EPA), one out of every three
cleaning products used in the U.S. contains ingredients known to
cause human health or environmental problems, including eye,
skin, or respiratory irritation, or other health issues.
Concentrated forms of some commercial cleaning projects are
classified as hazardous, creating potential handling, storage
and disposal issues.
The USEPA reports that the cleaning industry employs about 2.8
million potentially exposed janitors. However, all building
occupants are potentially exposed to the volatile components of
cleaning products. Choosing less hazardous products that have
positive environmental attributes (e.g., biodegradability, low
toxicity, low volatile organic compound content, reduced
packaging, low life cycle energy use) and taking steps to reduce
exposure can minimize harmful impacts to custodial workers and
building occupants, improve indoor air quality, and reduce water
and ambient air pollution while also ensuring the effectiveness
of cleaning in removing biological and other contaminants from
the building's interior.
The California Department of Public Health's Occupational Health
Branch found that in California, the rate of work-related asthma
among janitors and cleaners is nearly double the rate in the
overall workforce. The Journal of Occupational and
Environmental Medicine found that 12% of all work-related asthma
is attributable to cleaning products.
In children, asthma is the leading cause of absenteeism from
school. According to the co-sponsors, Environmental Working
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Group and Regional Asthma Management and Prevention Initiative,
"one in six children in the state has been diagnosed with
asthma. It is the most common chronic disease among school-aged
children, and is the leading cause of school absences due to
chronic illness nationwide?Certified green cleaning products are
prohibited from containing asthmagens (chemicals that cause
asthma) and have limits on some asthma triggers (chemicals that
exacerbate existing asthma)."
What are "environmentally preferable" products? The federal
government, through Executive Order 13101, defines
"environmentally preferable" as "products or services that have
a lesser or reduced effect on human health and the environment
when compared with competing products or services that serve the
same purpose. This comparison may consider raw materials
acquisition, production, manufacturing, packaging, distribution,
reuse, operation, maintenance or disposal of the product or
service."
Use of environmentally preferable products . Schools across the
country have switched to or are piloting the use of
environmentally preferable or "green" cleaning products,
including schools in California. Beginning in 2006 in the state
of New York, and 2007 in the state of Illinois, all public and
private schools are required to use "environmentally-sensitive"
cleaning products.
There are a number of bills pending in other states that would
require the use of green cleaners by schools or state agencies,
including Maryland, Connecticut, Vermont, Massachusetts,
Minnesota, Washington, Iowa, and Oregon.
In California, a number of districts are experimenting with or
are using green products. The Caliente Union School District,
comprised of one school that is built with characteristics of a
green school, changed all cleaning materials to nontoxic
products two years ago. The district experienced a 20% higher
cost for the purchase of nontoxic products, but has seen a
decrease in asthma attacks. The district reports that other
benefits include enabling custodians to work around students and
giving students the opportunity to help keep the school clean.
The San Francisco Unified School District initiated a pilot
project three years ago with grant funds from the local Asthma
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Task Force. The district targeted seven schools in the
southeast part of the district where there are high rates of
asthma.
The Los Angeles Unified School District has been testing the
effectiveness of environmentally preferable general cleaners,
bathroom cleaners and glass cleaners.
Santa Cruz City Schools has adopted an environmentally
preferable purchasing policy to guide district cleaning product
purchases.
According to the author, other school districts using green
cleaners include Elk Grove, Fairfield-Suisun, Fresno, Hemet,
Martinez, Natomas, Novato, and Oakland.
Cost . State and local public agencies that have transitioned to
green cleaning products report that there is either little or no
cost increase between conventional cleaners and green certified
cleaners. Green cleaners come in concentrate. Automatic
dilution equipments provide the proper measurement of cleaning
solution. Many entities that use these products have been able
to eliminate duplicative and unnecessary products. According to
the Healthy Schools Network, Inc., a New York environmental
health organization, New York's Office of General Services'
Environmental Unit report that "the price point for conventional
and certified green products are virtually the same. Any
increase in the initial purchase of green products is more than
offset by the ease of use, reduction in number of products to
buy, and the use of 'dilution stations' that control the actual
volume of chemical use automatically and effectively."
Other experiences include the following:
The City of Santa Monica documented a 5% price savings
after the switch to green cleaners.
The Novato Unified School District negotiated a contract
for purchasing green cleaners at the same prices as the
conventional cleaners.
The City and County of San Francisco replaced 13 out of
14 janitorial cleaning products at no increased cost.
The City of Seattle reports that green cleaning products
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improve health and safety in buildings, are effective and
cost effective.
Two schools in Honolulu reduced the cost of their
restroom cleaning products from $6-$12 per gallon to less
than $1 per gallon by replacing a ready-to-use conventional
product with a highly-concentrated product diluted with
water.
The Palm Beach County School District in Florida phased
in green cleaning products in all 180 schools in June 2008
and projects annual district-wide savings of $360,000.
The Northern Tioga County School District in
Pennsylvania saved nearly $20,000 in one year by
eliminating aerosols and other hazardous cleaning products.
In a 2003-04 Healthy Schools campaign-led project in the
Chicago Public School District, the price of Green
Seal-certified products was found to be cost competitive
with traditional products.
Purpose of the bill . This bill requires, by the 2010-11 school
year or when it is economically feasible, all school districts,
and nonpublic elementary and secondary schools with more than 50
pupils, to purchase and use environmentally preferable cleaning
and cleaning maintenance products where an environmentally
preferable cleaning and cleaning maintenance product exists.
For purposes of this bill, authorized products are those that
have been certified by a third-party organization that meets ten
criteria specified in the bill. According to the author, there
are two organizations, Green Seal and EcoLogo, that would meet
the criteria.
Economically feasible is defined as resulting in no net increase
to the cleaning costs of a school.
If this bill is signed into law and takes effect on January 1,
2010, schools will not have a lot of time to finish using
existing supply and prepare for transition to environmentally
preferable cleaning and cleaning maintenance products. Staff
recommends moving the implementation date to the 2011-12 school
year.
The bill requires a school district or school to provide written
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notification to the CDE if it determines that it is not
economically feasible to purchase and use environmentally
preferable cleaning and cleaning maintenance products by the
2010-11 school year. Questions have been raised regarding the
notification and whether a financial feasibility study would be
required. Staff recommends clarifying that the notice is simply
a letter. Staff also recommends, if a school is making the
determination that it is not economically feasible to purchase
and use environmentally preferable products, to require the
school to send a copy of the letter to the local governing
board.
Why require products to be certified by a third party ? The
Occupational Health Branch of the California Department of
Public Health advises that "In today's marketplace there are
many 'green' claims being made to sell cleaning products.
Product labels tout that the ingredients are 'natural',
'organic', and 'Earth-friendly.' But how can buyers sort out
which claims are meaningful and which aren't? The best way is
to seek out products that have been certified by third-party
organizations that issue openly published standards developed in
a process that involves all types of stakeholders."
The sponsors state that certification would make it easy for
schools to find low-toxity cleaning products because they just
have to look for the eco-label rather than having to evaluate
the chemical ingredients of each product themselves. There are
now hundreds of less-toxic commercial and institutional cleaning
products available on the market that have been independently
certified. All ingredients are disclosed to the third-party
certifiers, who evaluate the products based on a broad range of
human health and environmental concerns.
Arguments in Support . The Service Employees International Union
states, "It is estimated that 20% of Californians spend their
days inside a classroom. Improving the air quality inside
classrooms through environmentally preferable cleaning products
will improve the both the long term and short term health of
millions of California children and adults. These improvements
have been shown to result in higher student attendance rates,
fewer sick days taken by custodial staff, and higher student
test scores."
Arguments in Opposition . The Riverside County Schools Advocacy
Association is concerned that green cleaning products may be
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more expensive and requires more products to achieve the same
cleaning result. The Association is also concerned that local
educational agencies would not be able to make decisions
regarding product use based on health and safety reasons.
The Soap and Detergent Association and the Consumer Specialty
Products Association state that cleaning products enable schools
to become healthier environments and help prevent the spread of
communicable diseases. The two organizations have concerns
regarding the criteria for third-party certifiers and seek
amendments to accommodate other certification options.
Prior Legislation . This bill is similar to AB 2808 (Garcia),
which requires all public and private elementary and secondary
schools to use environmentally sensitive cleaning products. The
bill was held on the Assembly Appropriations Committee's
suspense file in 2008.
REGISTERED SUPPORT / OPPOSITION :
Support
American Lung Association
Bay Area Pediatric Pulmonary Medical Corporation
Breast Cancer Action
Breast Cancer Fund
Californians for Justice
California Labor Federation
California School Employees Association
California School Nurses Organization
Clean Water Action
Coalition for Clean Air
Commonweal
Cynthia Hawthorne, Santa Cruz City Schools Trustee
Environmental Working Group (co-sponsor)
Fresno Metro Ministry
Green Purchasing Institute
Green Schools Initiative (co-sponsor)
Making Our Milk Safe
Regional Asthma Management and Prevention Initiative
(co-sponsor)
Search for the Cause
Service Employees International Union
Sierra Club California
Teens Turning Green
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Warner Bros. Entertainment
Women's Voices for the Earth
Several individuals
Opposition
Consumer Specialty Products Association
Riverside County Schools Advocacy Association
Small School Districts' Association
Soap and Detergent Association
Analysis Prepared by : Sophia Kwong Kim / ED. / (916) 319-2087