2023 New York Laws › EDN - Education › Title 1 - General Provisions › Article 9 - School Buildings and Sites › 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.