Scroll to History Page
Scroll to Previous Versions Links List
Scroll to Full Text
Download This Bill in Microsoft Word format
Current Status Bill Number:View additional legislative information at the LPITS web site.3147 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Meacham-Richardson All Sponsors:Meacham-Richardson, Davenport, Vaughn Drafted Document Number:l:\council\bills\skb\18047djc01.doc Residing Body:House Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Subject:Toxic materials and indoor air quality in public schools, environmental health website created; DHEC, School districts History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010109 Introduced, read first time, 27 H3M referred to Committee House 20001220 Prefiled, referred to Committee 27 H3M Versions of This Bill
TO AMEND CHAPTER 23, TITLE 59, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SCHOOL BUILDINGS AND OTHER PROPERTY, BY ADDING ARTICLE 5, RELATING TO TOXIC MATERIALS AND INDOOR AIR QUALITY IN SOUTH CAROLINA PUBLIC SCHOOLS, SO AS TO PROVIDE THAT THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL, WORKING TOGETHER, SHALL CREATE AND MAINTAIN A SCHOOL ENVIRONMENTAL HEALTH WEBSITE, DEVELOP A SCHOOL ENVIRONMENTAL HEALTH POLICY AND MANAGEMENT PLAN, AND AWARD ENVIRONMENTAL HEALTH CERTIFICATES TO QUALIFIED SCHOOL DISTRICTS; PROVIDE THAT NOTHING IN THIS ARTICLE PROHIBITS THE USE BY SCHOOLS OF ANY MATERIALS, PROCESSES, OR PRODUCTS, AND TO PROVIDE THAT THE DEPARTMENT OF EDUCATION AND THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL SHALL SEEK FEDERAL AND OTHER FUNDS AVAILABLE TO HELP IMPLEMENT THE PROVISIONS OF THIS ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The General Assembly finds:
(1) That there is significant evidence that hazardous chemical exposure and poor indoor air quality can negatively affect human health and productivity;
(2) That problems related to hazardous chemical exposure ranging from complaints of minor illness to death are documented in medical, institutional, and governmental studies;
(3) That children are particularly susceptible to adverse health effects from hazardous chemical exposure and poor indoor air quality, as their bodies are undergoing rapid growth and development, their immune systems are not fully functional, and they are likely to be in contact with materials not encountered by adults;
(4) That a school environment, in which hazardous exposures are reduced and an adequate supply of fresh or filtered air is provided reduces viruses and allergens, increases the likelihood that school students and staff will be more alert and productive and may reduce risk of litigation;
(5) That problems involving potentially hazardous chemical exposure and poor indoor air quality are associated with increased use of manufactured construction materials, energy conservation measures which have sealed school buildings more tightly, inadequate air exchange which fails to eliminate pollutants from inside school buildings, and moisture problems that cause biological growth inside school buildings;
(6) That information on least-toxic and nontoxic materials, nonchemical pest control methods and appropriate maintenance practices and standards is widely available through governmental agencies, nonprofit organizations and professional societies, but is not readily accessible through a single information source;
(7) That it is the purpose of this act to direct the Department of Education and the Department of Health and Environmental Control, in consultation with other state agencies, to compile and make available to all South Carolina schools, information about materials and practices commonly used in school operation and construction that may compromise indoor air quality or negatively impact human health. It is also the purpose of this act to encourage schools, with assistance from the Department of Education and the Department of Health and Environmental Control, to develop programs that will enable them to identify and eliminate potentially hazardous materials, isolate those hazardous materials that cannot be eliminated, and adequately ventilate school buildings to exhaust any pollutants and contaminants; and
(8) That it is the goal of this act that all South Carolina schools qualify for an environmental health certification by January 2005.
SECTION 2. Chapter 23, Title 59 of the 1976 Code is amended by adding:
Section 59-23-510. (A) The Department of Education and the Department of Health and Environmental Control must jointly create and jointly update as necessary an electronic school environmental health clearinghouse site on a Department of Health and Environmental Control website accessible to the general public that includes diagnostic checklists and searchable databases. This website must include:
(1) Information on materials and practices in common use in school operations and construction that may compromise indoor air quality or negatively impact human health;
(2) Information on potential health problems associated with these materials, with specific reference to childrens' vulnerability;
(3) Information on integrated pest management and alternatives to chemical pest control;
(4) Information on methods to reduce or eliminate exposure to potentially hazardous substances in schools, including the following:
(a) a list of preventive management options, such as ventilation, equipment upkeep, design strategies, and performance standards;
(b) a list of nontoxic or least-toxic office and classroom supplies, maintenance and cleaning chemicals, building equipment, and materials and furnishings; and
(c) a list of environmental health criteria that schools may use as a decision-making tool when determining what materials to purchase or use in school construction or operations;
(5) The model school environmental health policy and management plan developed as provided by law.
(B) The Department of Education and the Department of Health and Environmental Control, with help from any other state agency when appropriate, shall:
(1) Review the information on the school environmental health information clearinghouse at least twice yearly, and update it whenever significant developments occur.
(2) At the request of school officials, assist school environmental health coordinators to identify potential sources of environmental pollution in the school, and make recommendations on how to alleviate any problems.
(3) Annually, organize school environmental health training workshops for school environmental health coordinators and school administrators, and an annual training for school maintenance and custodial staff. The department shall issue certificates of training to participants who successfully complete the workshops.
(4) Publicize the availability of information through the school environmental health clearinghouse.
(5) Provide information and referrals to members of school communities who contact the school environmental health clearinghouse with hazardous exposure and indoor air concerns.
(6) Assist elementary and secondary schools in South Carolina to establish comprehensive school environmental health programs, which have all or most of the elements of the model policy developed pursuant to this act, to address indoor air and hazardous exposure issues.
(7) Report annually to the House and Senate committees on education on the extent of indoor air and hazardous exposure problems in South Carolina schools and on the percentage of South Carolina schools that have established a school environmental health program or qualified for environmental health certification.
(C) All information provided pursuant to this section must be based on peer-reviewed published scientific material.
Section 59-23-520. (A) The Department of Education and the Department of Health and Environmental Control, with the help of other state agencies as necessary and desired, shall work together to carry out the provisions of this section.
(B) On or before July 1, 2002, the Department of Education and the Department of Health and Environmental Control shall develop and distribute to each South Carolina school district, a model school environmental health policy to be implemented under the direction of the school district's building administrator or his designee. The model school environmental health policy must include, at a minimum, the following components:
(1) The formation of a school environmental health committee which may be an existing safety or maintenance committee, consisting of a cross section of the school community.
(2) An annual school environmental health audit of the school building and grounds which shall be reported to the commissioner of health.
(3) The compilation of a recommended maintenance schedule and checklist for the school, summarizing when and how maintenance of heating and ventilation systems should occur.
(4) The establishment of a school environmental health management plan consistent with the model policy and plan.
(C) The Department of Education shall distribute to all South Carolina public schools on or before July 1, 2002, a model school environmental health management plan which:
(1) includes mechanisms to resolve hazardous chemical exposure and indoor air quality problems as they occur;
(2) provides suggestions for communicating school environmental health status to building occupants and parents;
(3) implements an integrated pest management and control program to minimize the risk of exposure in the school building and on school grounds;
(4) provides for physical isolation of those toxic materials that cannot be eliminated from the school building or grounds; and
(5) includes policies for emergency response, and incorporates methods to evaluate plan effectiveness.
(D) The Superintendent of Education shall appoint and convene an advisory panel to consist of representatives of superintendents, school boards, teachers, principals, parents, school nurses, school environmental health advocates, representatives of the construction, air quality, and building trades, and others to offer advice on the implementation of this act.
(E) The Department of Education and the Department of Health and Environmental Control shall establish an environmental health certificate to be awarded to schools which have demonstrated exemplary progress in addressing indoor air quality and hazardous exposure issues beyond adoption of the model policy and plan described in this section. Criteria for determining such progress shall include, but not be limited to:
(1) nontoxic or least-toxic purchasing policies and practices for all school supplies;
(2) minimization of pesticide risk and exposure in school buildings and on school grounds; and
(3) completion of a school environmental health workshop, sponsored or approved by the Department of Education and the Department of Health, by one or more members of the school administration and one or more members of the maintenance staff.
Section 59-23-530. Nothing in this article prohibits the use by schools of any materials, processes, or products.
Section 59-23-540. The Department of Education and the Department of Health and Environmental Control shall seek federal and other funds available to help implement the provisions of this article."
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Tuesday, December 8, 2009 at 4:14 P.M.