BILL ANALYSIS
AB 821
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Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 821 (Brownley) - As Amended: April 29, 2009
Policy Committee: EducationVote:7-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: Yes
SUMMARY
This bill establishes the Clean and Healthy Schools (CHS) Act,
which requires all school districts and non-public elementary
schools (with 50 or more pupils) to purchase and use only
environmentally preferable cleaning and cleaning maintenance
products, if these products exist. This measure further
specifies that school districts and non-public schools are
required to comply by the 2011-12 school year or when it is
"economically feasible." Specifically, this bill:
1)Defines "environmentally preferable cleaning and cleaning
maintenance products" as those intended for routine cleaning
and cleaning maintenance, including general-purpose cleaners
for various types of items and surfaces. This definition also
means that a product meets independent, third-party
certification criteria for reduced effects on human health and
the environment, as specified.
2)Defines "third party certification" as an established,
independent, nationally recognized program developed for the
purpose of identifying environmentally preferable products
that meets specified minimum criteria related to standards, as
specified.
3)Defines "economically feasible" as no net increase in the
cleaning costs of a school.
4)Authorizes a school to deplete its existing cleaning and
maintenance supply stock and implement the new requirements in
the next procurement cycle.
FISCAL EFFECT
AB 821
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1)Potential, indeterminate, GF/98 state reimbursable mandated
costs, likely in the range of $240,000 to $600,000, to school
districts to use environmentally preferable cleaning and
cleaning maintenance products at schools, as specified. There
are 9,846 schools in the state. This bill provides schools
with the option to determine that complying with this measure
is not "economically feasible." However, once a school
complies, these costs will be entirely reimbursable on an
annual basis by the state.
2)On-going GF administrative costs to SDE, likely between
$50,000 and $125,000, to comply with the requirements of this
measure. This includes posting and updating information on
its Internet website and maintaining current information on
the letters that may be submitted as specified in this
measure.
COMMENTS
1)Purpose . Cleaning products may contain chemicals associated
with 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.
According to the Green Schools Initiative, a parent-founded
organization, 55 million children, teachers, administrators,
nurses, and janitors (one in five people in the nation) spend
their day in public schools. Likewise, the Journal of
Occupational and Environmental Medicine (May 2003) documents
that 12% of work-related asthma can be linked to cleaning
product exposure. Therefore, the initiative argues that the
country's schools should provide a healthy environment and one
way to accomplish this is using "environmentally friendly"
alternatives to toxic chemicals.
According to the author, there are two organizations, Green
Seal and EcoLogo, that would meet the definition of
"environmentally preferable cleaning and cleaning maintenance
products" and the certification requirements specified in this
measure. This bill requires public and private schools to use
environmentally preferable cleaning and cleaning maintenance
products by the 2011-12 school year.
AB 821
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2)Are school districts currently using environmentally sensitive
cleaning and maintenance products ? Several school districts
across the nation and in the state are using these products.
Since 2006, New York City schools have used environmentally
sensitive cleaning products. As part of the implementation
process, New York conducted a survey, which indicated the
following: (a) there are numerous products available in each
of the eight cleaning categories; (b) approximately 2/3 of
survey respondents reported spending 10% or more on green
cleaning supplies, while six districts reported an increase of
30% or more and (c) 65% of schools found that green cleaning
products perform the same as traditional products.
In California, the Caliente Union Elementary School District,
located in Kern County, has been using all non-toxic cleaning
materials for approximately two years. The school district
experienced a 20% higher cost for the purchase of non-toxic
products, but has experienced a decrease in asthma attacks.
Likewise, San Francisco Unified School District initiated a
pilot project two years ago with grant funds from the local
Asthma Task Force. The district targeted seven schools in the
southeast part of the district where there are high rates of
asthma. It reports that green products cost three to four
times more than regular cleaning products, but the district is
seeking funds to expand the pilot to additional schools.
The Los Angeles Unified School District is currently piloting
the effectiveness of green general cleaners, bathroom
cleaners, and glass cleaners at five schools and intends to
expand the pilot to additional schools. The district is
considering using only those cleaning products that have been
certified by an independent organization, including Green
Seal.
3)Previous legislation . AB 2808 (Garcia), similar to this
measure, was held on this committee's suspense file in May
2008.
Analysis Prepared by : Kimberly Rodriguez / APPR. / (916)
319-2081