Existing State Law

California
California is the only state that  has a law requiring school officials to investigate potentially contaminated property prior to building schools. On January 1, 2000, two new laws affecting schools became effective in California. Assembly Bill 387 (Wildman) and Senate Bill 162 (Escutia) require that the Department of Toxic Substances Control (DTSC) be involved in the environmental review process for the proposed acquisition and construction of school properties utilizing state funding.

Proposed Legislation

Michigan
HB 5320 - Rep. Garza introduced legislation in the fall of 2001 that would prevent new Michigan schools from being built on contaminated property. Moreover, existing schools -  those under construction or already built on contaminated property -- would be required to meet current standards for residential use. At present,    state laws are too lenient in their regulation of contaminated school sites, and there are no rules requiring monitoring of sites. Under Rep. Garza's Healthy Schools bill, previously contaminated sites would be monitored annually to ensure that children are not exposed to contamination in the soil or air.