Requires the commissioner of education and the commissioner of general services to promulgate standards for the procurement and use of non-toxic materials, equipment

BILL NUMBER:S537A

Title of bill

An act to amend the education law and the state finance law, in relation to the procurement and use of environmentally sensitive commodities and services

Purpose or general idea of the bill

The purpose of the bill is to require the commissioner of education in consultation with the commissioners of the office of general services, the department of health, and the department of labor to create specifications and guidelines for environmentally preferred commodities and services for use in schools. The bill would also require each school district to consider environmentally preferred products and services when choosing which items, services, or construction materials to procure for schools.

Summary of provisions

Section 1 amends the education law to include New York City school districts and boards of cooperative educational services for the purposes of this act.

Section 2 amends the education law to define certain terms and amends the education law to require the commissioner of education, in consultation with the commissioners of general services, the department of health and the department of labor, to establish guidelines and specifications for environmentally preferred products and services. This section requires the commissioner of education to disseminate the guidelines and specifications to all school districts for the purchase of environmentally preferred products, services and construction materials. The commissioner is also required to disseminate a sample list of environmentally preferred commodities and services that meet these specifications along with their related health benefits. School districts must consider these specifications, guidelines, and list of sample products and services when making procurement choices. School districts must also notify the schools under their jurisdiction of the guidelines, specifications, and lists of products and services. The commissioners are also directed to already existing guidelines of the federal environmental protection agency for the purpose of developing appropriate criteria for the guidelines and specifications. A report on the impact of this voluntary procurement program will be issued by June first, 2009 by the education department.

Section 3 amends the state finance law to require OGS to develop a list of firms that produce, manufacture, or offer for sale environmentally preferred products.

Justification

Reports of environmental problems in schools have raised public concerns to new levels. Areas of particular concern include asbestos, lead, pesticides, radon, electromagnetic fields, and indoor pollution originating from new carpeting, copiers, glued roofing, paints, cleaning agents and insulation. Students and school personnel have experienced mild to serious health problems which interfere with health, activity and ability to learn. Recent experiences in the New

York City public schools with closings and delays because of asbestos, lead and sanitation problems, demonstrate the potential adverse impact on education caused by environmentally-based health threats. Additionally, when health threats are present, the costs to individual districts and the State are enormous in terms of staff time and effort, cleanup costs, school closings and liability. Schools are major consumers and disposers of supplies and materials and can serve as role models for environmentally responsible behavior with regard to energy conservation, and reduced consumption and disposal of toxic and hazardous materials. By requiring schools to consider purchasing cleaner products and services, school environments and the health of the state's children will benefit.

Legislative history

2007-2008 - Education 2009-2010 - Education

Fiscal implications

None.

Effective date

180 days following enactment.