MISSISSIPPI LEGISLATURE

1999 Regular Session

To: Education

By: Senator(s) Dearing

AN ACT TO CREATE THE "MISSISSIPPI PUBLIC SCHOOL LABORATORY CHEMICAL MANAGEMENT ACT"; TO DEFINE CERTAIN TERMS; TO AUTHORIZE THE DEPARTMENT OF EDUCATION TO DEVELOP AND ADMINISTER A PUBLIC SCHOOL LABORATORY CHEMICAL MANAGEMENT PROGRAM; TO REQUIRE CERTAIN LOCAL SCHOOL DISTRICTS TO IMPLEMENT AN APPROVED PROGRAM; TO CREATE AN ADVISORY COMMITTEE TO ASSIST IN THE DEVELOPMENT AND IMPLEMENTATION OF THAT PROGRAM; TO REQUIRE THE DEPARTMENT OF EDUCATION TO REPORT TO CERTAIN LEGISLATIVE COMMITTEES ON THE STATUS OF THE WASTE LABORATORY CHEMICAL MANAGEMENT PROGRAM; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: SECTION 1. This act shall be known and may be cited as the "Mississippi Public School Laboratory Chemical Management Act."

SECTION 2. For purposes of this act, the following words and phrases shall have the meaning ascribed herein unless the context clearly indicates otherwise:

(a) "Approved program" means a public school laboratory chemical management program approved by the Department of Education.

(b) "Board" means the State Board of Education.

(c) "Commission" means the Commission on Environmental Quality.

(d) "Department" means the Mississippi Department of Education.

(e) "Laboratory chemical" means any chemical used for instructional purposes in classrooms and laboratories in grades kindergarten through twelfth grade.

SECTION 3. (1) The department, subject to the availability of funds appropriated by the Legislature or otherwise available, shall develop and administer a public school laboratory chemical management program. At a minimum the program shall include the following:

(a) Training for science teachers in organization, inventory and storage of laboratory chemicals, cataloging and use of Material Safety Data Sheets (MSDS), disposal of waste laboratory chemicals and laboratory safety procedures;

(b) Training for school administrators on the hazards associated with chemical handling and storage of laboratory chemicals and laboratory safety procedures;

(c) Providing a standardized method of disposing of waste laboratory chemicals, including funding as appropriated by the Legislature or otherwise made available; and

(d) Providing and periodically reviewing and updating a list of laboratory chemicals which should not be purchased by school districts or used in school laboratories.

(2) The board may adopt, modify, repeal and promulgate, after due notice and hearing in accordance with the Mississippi Administrative Procedures Law and where not otherwise prohibited by federal or state law, make exceptions to and grant exemptions and variances from appropriate rules and regulations for carrying out the school laboratory chemical management program, including rules and regulations for the administration of funds as may be appropriated or otherwise made available. The board shall adopt rules and regulations establishing a system of priorities for projects eligible for funding under this program.

(3) Each local public school district utilizing biological or chemical laboratory facilities shall implement a public school laboratory chemical management program in accordance with rules and regulations or other guidelines or procedures adopted by the board.

SECTION 4. Nothing in this act shall be construed as affecting the commission's authority under state or federal law, including, but not limited to, its authority to regulate the transportation, storage and management of hazardous waste.

SECTION 5. The department shall establish an advisory committee for the purpose of making recommendations to the department on the administration of the public school laboratory chemical management program. The advisory committee shall be appointed by the State Superintendent of Education and shall be comprised of representatives of appropriate state agencies and additional persons which the department believes would be beneficial to the program.

SECTION 6. Before November 15 of each year, the department shall report to the appropriate education and environmental committees of the Senate and House of Representatives on the status and any results of the public school laboratory chemical management program. Each report shall include as a minimum any recommendations for improvement or expansion of the program.

SECTION 7. Sections 1 through 6 of this act shall be codified as a new article within Chapter 11 of Title 37, Mississippi Code of 1972.

SECTION 8. This act shall take effect and be in force from and after July 1, 1999.