September 19, 2017, Introduced by Reps. Camilleri, Chang, Wittenberg, Pagan, Geiss, Yanez, Green, Moss, Sneller, Ellison, Rabhi, Sowerby, Clemente, Hoadley, LaGrand, Durhal, Greimel, Liberati, Hammoud and Gay-Dagnogo and referred to the Committee on Appropriations.
A bill to amend 1976 PA 451, entitled
"The revised school code,"
(MCL 380.1 to 380.1852) by adding section 1275.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1275. (1) Not later than January 1, 2018, the state board
shall revise its model local wellness policy for local education
agencies to include a model Healthy School Environment policy,
featuring a plan and schedule for testing the water in every public
school for lead and other contaminants, as determined by the state
board, and a plan and schedule for testing indoor air quality in
every public school for carbon dioxide, particulate matter,
formaldehyde, VOCS, and any other substances as determined by the
state board. The model Healthy School Environment policy created
under this subsection shall provide that the drinking water at
every public school is tested within 90 days of the creation of the
model healthy school environment policy. The model Healthy School
Environment policy shall include a description of the various
sources, contaminants, or factors that could potentially contribute
to poor indoor air or water quality at a public school and
guidelines for a local education agency's response to the presence
of the various sources, contaminants, and other factors in a public
school. The state board shall specifically evaluate common causes
of contamination of indoor air and drinking water, including, but
not limited to, water pipes, on-site distribution systems for water
and air, HVAC maintenance, paints and coatings, and cleaning
products. The state board shall make recommendations for
improvements based on the evaluation under this subsection.
(2) Not later than 1 year after the creation of the model
Healthy School Environment policy under subsection (1), the
governing board of a local education agency shall submit to the
department a revision of its local wellness policy that includes a
plan that is consistent with the state board model Healthy School
Environment policy created under subsection (1) for testing the
water and air in every public school for the contaminants specified
by the state board.
(3) The department shall require each local education agency
to submit its local wellness policy to the department for review at
least every 5 years, or more frequently if required under federal
law.
(4) Not later than 1 year after the effective date of this
section, the department, in conjunction with the department of
environmental quality, shall promulgate rules setting forth
requirements for action to be taken by a local education agency
when testing discloses contamination above acceptable levels.
(5) A local education agency shall ensure that not less than
75% of cleaning products used in a public school are green product
cleaning supplies and meet the following:
(a) Cleaning chemicals and skin care products must carry 1 or
more of the following certifications:
(i) United States Environmental Protection Agency's Safer
Choice.
(ii) Green Seal.
(iii) Green Guard.
(iv) Environmental Choice.
(v) Any other certification deemed appropriate by the state
board.
(b) Paper products and trash liners must carry 1 or more of
the following certifications or guidelines:
(i) FSC (Forest Stewardship Council).
(ii) United States Environmental Protection Agency's
guidelines for postconsumer recycled content.
(iii) Green Seal.
(iv) Environmental Choice.
(v) Any other certification deemed appropriate by the state
board.
(6) The state board shall coordinate with each local education
agency to provide technical assistance during the school air and
water quality testing. The state board shall also monitor the
findings of the local education agency and, not later than 6 months
after the tests are completed, generate a report of the findings
for review by the legislature of this state. The report shall do at
least all of the following:
(a) Evaluate the risks found across the public schools tested.
(b) Evaluate whether additional funds are needed to ensure
that all pupils in this state attend healthy schools.
(c) Evaluate existing models and frameworks, including, but
not limited to, EPA Tools for Schools, US Department of Education
Green Ribbon Schools Program, and US Green Building Council's LEED
for Schools.
(7) The state board shall consult with the department of
environmental quality on the revision of the model local wellness
policy under subsection (1).
(8) As used in this section:
(a) "Local education agency" means that term as defined in 34
CFR 303.23.
(b) "Green product cleaning supplies" means environmentally
preferable cleaning and maintenance products and supplies intended
for routine cleaning and cleaning maintenance that perform well and
have positive health and environmental attributes, including, but
not limited to, biodegradability, low toxicity, low volatile
organic compound content, reduced packaging, low life-cycle energy
use, and lesser or reduced effects on human health and the
environment when compared to competing products that serve the same
purpose.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 4979 (request no.
04182'17) of the 99th Legislature is enacted into law.