S T A T E O F N E W Y O R K
________________________________________________________________________
5296
2015-2016 Regular Sessions
I N A S S E M B L Y
February 17, 2015
___________
Introduced by M. of A. GIGLIO, MONTESANO, McDONOUGH, RAIA -- Multi-Spon-
sored by -- M. of A. KATZ -- read once and referred to the Committee
on Environmental Conservation
AN ACT to amend the state finance law, the general municipal law, the
education law, the economic development law and the environmental
conservation law, in relation to state environmental purchasing and
intergovernmental agreements; and to repeal section 409-i of the
education law and section 163-b of the state finance law relating to
environmentally-sensitive cleaning and maintenance products
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
1 Section 1. This act shall be known and may be cited as the "New York
2 state environmental purchasing act".
3 S 2. Subdivision 5 of section 160 of the state finance law, as added
4 by chapter 83 of the laws of 1995, is amended to read as follows:
5 5. "Costs" as used in this article shall be quantifiable and may
6 include, without limitation, the price of the given good or service
7 being purchased; the administrative, training, storage, maintenance or
8 other overhead associated with a given good or service; the value of
9 warranties, delivery schedules, financing costs and foregone opportunity
10 costs associated with a given good or service; and the life span and
11 associated life cycle costs of the given good or service being
12 purchased. Life cycle costs may include, but shall not be limited to,
13 costs or savings associated with RAW MATERIALS, PRODUCTION, MANUFACTUR-
14 ING, construction, PACKAGING, DISTRIBUTION, USE, energy use, mainte-
15 nance, operation, and salvage or disposal, AND ANY ASSOCIATED PUBLIC
16 HEALTH AND ENVIRONMENTAL COSTS.
17 S 3. Paragraph a of subdivision 1 of section 161 of the state finance
18 law, as amended by chapter 452 of the laws of 2012, is amended to read
19 as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07076-01-5
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1 a. The state procurement council shall continuously strive to improve
2 the state's procurement process. Such council shall consist of [twen-
3 ty-one] TWENTY-THREE members, including the commissioner, the state
4 comptroller, the director of the budget, the chief diversity officer
5 [and], the commissioner of economic development[,] AND THE COMMISSIONER
6 OF ENVIRONMENTAL CONSERVATION or their respective designees; [seven] SIX
7 members who shall be the heads of other large and small state agencies
8 chosen by the governor, or their respective designees; one member,
9 appointed by the governor, representing a not-for-profit New York-based
10 organization engaged in the marketing and/or promotion of New York grown
11 farm and agricultural products or a not-for-profit New York-based organ-
12 ization engaged solely in the advocacy, marketing and/or promotion of
13 organic New York grown farm and agricultural products to be limited to a
14 two year term; and [eight] TWELVE at large members appointed as follows:
15 [three] FOUR appointed by the temporary president of the senate, one of
16 whom shall be a representative of local government [and], one of whom
17 shall be a representative of private business AND ONE OF WHOM SHALL BE A
18 REPRESENTATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS THE ENHANCE-
19 MENT OF PUBLIC HEALTH OR THE ENVIRONMENT; [three] FOUR appointed by the
20 speaker of the assembly, one of whom shall be a representative of local
21 government [and], one of whom shall be a representative of private busi-
22 ness AND ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION WHOSE
23 PRIME FUNCTION IS THE ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRONMENT;
24 one appointed by the minority leader of the senate; and, one appointed
25 by the minority leader of the assembly; and two non-voting observers
26 appointed as follows: one appointed by the temporary president of the
27 senate and one appointed by the speaker of the assembly. The non-voting
28 observers shall be provided, contemporaneously, all documentation and
29 materials distributed to members. The council shall be chaired by the
30 commissioner and shall meet at least quarterly.
31 S 4. Paragraphs k, l, m and n of subdivision 2 of section 161 of the
32 state finance law, paragraphs k and l as added by chapter 83 of the laws
33 of 1995, paragraph m as amended by section 13 of part L of chapter 55 of
34 the laws of 2012, paragraph n as added by chapter 173 of the laws of
35 2010, are amended and a new paragraph o is added to read as follows:
36 k. Report by December thirty-first, nineteen hundred ninety-five and
37 thereafter biennially to the governor, the legislature and the director
38 of the budget, the significant findings of the council including, but
39 not limited to, substantial savings generated by council initiatives and
40 the recommendations of the council concerning the state's procurement
41 practices; [and]
42 l. Undertake other related activities as are necessary to effectuate
43 this article including the development of a strategic plan for the
44 improvement of state procurement[.];
45 m. Establish and, from time to time, amend guidelines with respect to
46 publishing by state agencies of quarterly listings of projected procure-
47 ments having a value greater than five thousand dollars but less than
48 fifty thousand dollars in the procurement opportunities newsletter
49 established by article four-C of the economic development law[.];
50 n. Recommend to the commissioner necessary legislative changes or
51 modifications to existing or proposed rules, regulations and procedures
52 that would increase access to the state's procurement process by minori-
53 ty-owned business enterprises and women-owned business enterprises and
54 create model language to be used by agencies when issuing requests for
55 bids or proposals to other solicitations or offers that would increase
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1 the ability of small businesses to participate in state procurements[.];
2 AND
3 O. MAKE RECOMMENDATIONS TO THE COMMISSIONER FOR "TARGET CATEGORIES" OF
4 COMMODITIES, SERVICES AND/OR TECHNOLOGIES WHICH FOR THE PURPOSES OF THIS
5 SECTION SHALL MEAN BROAD CATEGORIES OF COMMODITIES, SERVICES AND/OR
6 TECHNOLOGIES ROUTINELY PROCURED BY THE STATE WHICH MAY HAVE AN ADVERSE
7 IMPACT ON PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH MORE ENVIRON-
8 MENTALLY PREFERABLE PRODUCTS SHOULD BE IDENTIFIED AND SUBSTITUTED
9 CONSISTENT WITH THE GOALS AND STANDARDS SET FORTH IN ARTICLE TEN-A OF
10 THIS CHAPTER.
11 S 5. Subparagraph (viii) of paragraph b of subdivision 3 of section
12 163 of the state finance law, as amended by chapter 381 of the laws of
13 2014, is amended to read as follows:
14 (viii) maintain a list of contractors which produce or manufacture or
15 offer for sale [environmentally-sensitive cleaning and maintenance
16 products in the form, function and utility generally used by elementary
17 and secondary schools] ENVIRONMENTALLY PREFERABLE PRODUCTS in accordance
18 with specifications or guidelines promulgated pursuant to [section four
19 hundred nine-i of the education law] ARTICLE TEN-A OF THIS CHAPTER.
20 S 6. The state finance law is amended by adding a new article 10-A to
21 read as follows:
22 ARTICLE 10-A
23 STATE ENVIRONMENTAL PURCHASING
24 SECTION 159-A. DEFINITIONS.
25 159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE.
26 159-C. AGENCY ENVIRONMENTAL EXECUTIVES.
27 159-D. INTERAGENCY COMMITTEE ON SUSTAINABILITY AND GREEN
28 PROCUREMENT.
29 159-E. ISSUE-SPECIFIC TASK FORCES.
30 159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM.
31 159-G. STATE AGENCY RESPONSIBILITIES.
32 159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES.
33 159-I. BUSINESS DEVELOPMENT AND GUIDANCE.
34 S 159-A. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
35 1. "ENERGY STAR" MEANS A DESIGNATION FROM THE UNITED STATES ENVIRON-
36 MENTAL PROTECTION AGENCY OR DEPARTMENT OF ENERGY INDICATING THAT A PROD-
37 UCT MEETS THE ENERGY EFFICIENCY STANDARDS SET FORTH BY THE AGENCY FOR
38 COMPLIANCE WITH THE ENERGY STAR PROGRAM.
39 2. "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR INSTRUC-
40 TION OF ELEMENTARY OR SECONDARY STUDENTS BY: (A) ANY SCHOOL DISTRICT,
41 INCLUDING A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL DISTRICT IN A
42 CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS
43 OR MORE, (B) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (C) A CHARTER
44 SCHOOL, (D) AN APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS
45 WITH DISABILITIES, (E) A STATE-SUPPORTED SCHOOL FOR THE DEAF OR BLIND
46 OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND (F)
47 ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL.
48 3. "ENVIRONMENTALLY PREFERABLE PRODUCTS" MEANS BUT SHALL NOT BE LIMIT-
49 ED TO PRODUCTS AND SERVICES THAT: CONTAIN RECYCLED MATERIALS, CONSERVE
50 ENERGY OR WATER, MINIMIZE WASTE, ARE LESS TOXIC AND HAZARDOUS, REDUCE
51 THE GENERATION, RELEASE OR DISPOSAL OF TOXIC SUBSTANCES, PROTECT OPEN
52 SPACE, AND/OR OTHERWISE LESSEN THE IMPACT OF SUCH PRODUCTS OR SERVICES
53 ON PUBLIC HEALTH AND THE ENVIRONMENT.
54 4. "ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL" MEANS A TOOL FOR
55 EVALUATING THE ENVIRONMENTAL PERFORMANCE OF ELECTRONIC PRODUCTS THROUGH-
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1 OUT THEIR LIFE CYCLE DEVELOPED BY THE FEDERAL GOVERNMENT AND OTHER
2 STAKEHOLDERS.
3 5. "INDEPENDENT AGENCIES" MEANS ANY PUBLIC BENEFIT CORPORATIONS OR
4 PUBLIC AUTHORITIES NOT INCLUDED IN THE DEFINITION OF STATE AGENCIES.
5 6. "RECOVERED MATERIALS" MEANS WASTE MATERIALS AND BYPRODUCTS WHICH
6 HAVE BEEN RECOVERED OR DIVERTED FROM SOLID WASTE, BUT SUCH TERM DOES NOT
7 INCLUDE THOSE MATERIALS AND BYPRODUCTS GENERATED FROM AND COMMONLY
8 REUSED WITHIN AN ORIGINAL MANUFACTURING PROCESS.
9 7. "RECYCLED CONTENT" SHALL MEAN RECYCLED COMMODITY AS THAT TERM IS
10 DEFINED IN PARAGRAPH A OF SUBDIVISION THREE OF SECTION ONE HUNDRED
11 SIXTY-FIVE OF THIS CHAPTER.
12 8. "REMANUFACTURED" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARA-
13 GRAPH A OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS
14 CHAPTER.
15 9. "STATE AGENCIES" MEANS ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
16 COMMISSION, OFFICE, AGENCY, AUTHORITY OR PUBLIC CORPORATION OF THE
17 STATE.
18 S 159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE. 1. THE OFFICE OF THE
19 ENVIRONMENTAL EXECUTIVE SHALL BE DESIGNATED BY THE GOVERNOR AND SHALL BE
20 LOCATED WITHIN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE ENVI-
21 RONMENTAL EXECUTIVE SHALL TAKE ALL ACTIONS NECESSARY TO ENSURE THAT
22 STATE AGENCIES COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE AND SHALL
23 GENERATE AN ANNUAL REPORT TO THE DIVISION OF BUDGET, AT THE TIME OF
24 AGENCY BUDGET SUBMISSIONS, ON THE ACTIONS TAKEN BY STATE AGENCIES TO
25 COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. IN CARRYING OUT HIS OR HER
26 FUNCTIONS, THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE COMMIS-
27 SIONER OF ENVIRONMENTAL CONSERVATION.
28 2. A MINIMUM OF FOUR FULL TIME STAFF PERSONS ARE TO BE PROVIDED TO
29 ASSIST THE ENVIRONMENTAL EXECUTIVE, ONE OF WHOM SHALL HAVE EXPERIENCE IN
30 SPECIFICATION REVIEW AND PROGRAM REQUIREMENTS, ONE OF WHOM SHALL HAVE
31 EXPERIENCE IN PROCUREMENT PRACTICES AND ONE OF WHOM SHALL HAVE EXPERI-
32 ENCE IN SOLID WASTE PREVENTION AND RECYCLING. THESE FOUR STAFF PERSONS
33 SHALL BE APPOINTED AND REPLACED AS FOLLOWS:
34 (A) THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS
35 OR HIS OR HER DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR AND
36 NO MORE THAN TWO YEARS;
37 (B) THE COMMISSIONER OF GENERAL SERVICES OR HIS OR HER DESIGNEE SHALL
38 BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN TWO YEARS;
39 (C) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER
40 DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN
41 TWO YEARS; AND
42 (D) THE PRESIDENT OF THE NEW YORK STATE ENVIRONMENTAL FACILITIES
43 CORPORATION OR HIS OR HER DESIGNEE FOR NOT MORE THAN ONE YEAR.
44 3. STATE AGENCIES ARE REQUESTED TO MAKE THEIR SERVICES, PERSONNEL AND
45 FACILITIES AVAILABLE TO THE ENVIRONMENTAL EXECUTIVE TO THE MAXIMUM
46 EXTENT PRACTICABLE FOR THE PERFORMANCE OF FUNCTIONS.
47 4. THE ENVIRONMENTAL EXECUTIVE, IN CONSULTATION WITH THE AGENCY ENVI-
48 RONMENTAL EXECUTIVES DESIGNATED PURSUANT TO SECTION ONE HUNDRED
49 FIFTY-NINE-C OF THIS ARTICLE, SHALL:
50 (A) IDENTIFY AND RECOMMEND INITIATIVES FOR GOVERNMENT-WIDE IMPLEMENTA-
51 TION THAT WILL PROMOTE THE PURPOSES OF THIS ARTICLE, INCLUDING:
52 (I) THE DEVELOPMENT OF A STATE PLAN FOR AGENCY IMPLEMENTATION AND
53 APPROPRIATE INCENTIVES TO ENCOURAGE THE ACQUISITION OF RECYCLED AND
54 ENVIRONMENTALLY PREFERABLE PRODUCTS BY THE STATE GOVERNMENT;
55 (II) THE DEVELOPMENT OF A STATE IMPLEMENTATION PLAN AND GUIDANCE FOR
56 INSTITUTING ECONOMICALLY EFFICIENT STATE WASTE PREVENTION, ENERGY AND
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1 WATER EFFICIENCY PROGRAMS, AND RECYCLING PROGRAMS WITHIN EACH AGENCY;
2 AND
3 (III) THE DEVELOPMENT OF A PLAN FOR MAKING MAXIMUM USE OF AVAILABLE
4 FUNDING ASSISTANCE PROGRAMS;
5 (B) ELECTRONICALLY COLLECT AND DISSEMINATE INFORMATION CONCERNING
6 METHODS TO REDUCE WASTE, MATERIALS THAT CAN BE RECYCLED, COSTS AND
7 SAVINGS ASSOCIATED WITH WASTE PREVENTION AND RECYCLING, AND CURRENT
8 MARKET SOURCES OF PRODUCTS THAT ARE ENVIRONMENTALLY PREFERABLE OR
9 PRODUCED WITH RECOVERED MATERIALS;
10 (C) PROVIDE GUIDANCE AND ASSISTANCE TO STATE AGENCIES IN SETTING UP
11 AND REPORTING ON AGENCY PROGRAMS AND MONITORING THEIR EFFECTIVENESS;
12 (D) ESTABLISH A WEBSITE FOR THE OFFICE OF THE ENVIRONMENTAL EXECUTIVE
13 AND COORDINATE APPROPRIATE GOVERNMENT-WIDE EDUCATION AND TRAINING
14 PROGRAMS FOR STATE AGENCIES; AND
15 (E) PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY
16 AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
17 S 159-C. AGENCY ENVIRONMENTAL EXECUTIVES. WITHIN NINETY DAYS AFTER THE
18 EFFECTIVE DATE OF THIS ARTICLE, THE HEAD OF EACH EXECUTIVE DEPARTMENT
19 AND MAJOR PROCURING AGENCY SHALL DESIGNATE AN AGENCY ENVIRONMENTAL EXEC-
20 UTIVE FROM AMONG HIS OR HER STAFF. THE AGENCY ENVIRONMENTAL EXECUTIVE
21 WILL BE RESPONSIBLE FOR:
22 1. COORDINATING ALL ENVIRONMENTAL PROGRAMS IN THE AREAS OF PROCUREMENT
23 AND ACQUISITION, STANDARDS AND SPECIFICATION REVIEW, FACILITIES MANAGE-
24 MENT, WASTE PREVENTION AND RECYCLING, AND LOGISTICS;
25 2. PARTICIPATING IN THE INTERAGENCY DEVELOPMENT OF A STATE PLAN TO:
26 (A) CREATE AN AWARENESS AND OUTREACH PROGRAM FOR THE PRIVATE SECTOR TO
27 FACILITATE MARKETS FOR ENVIRONMENTALLY PREFERABLE AND RECYCLED PRODUCTS
28 AND SERVICES, PROMOTE NEW TECHNOLOGIES, IMPROVE AWARENESS ABOUT FEDERAL
29 EFFORTS IN THIS AREA, AND EXPEDITE AGENCY EFFORTS TO PROCURE NEW
30 PRODUCTS IDENTIFIED UNDER THIS ORDER;
31 (B) ESTABLISH INCENTIVES, PROVIDE GUIDANCE AND COORDINATE APPROPRIATE
32 EDUCATIONAL PROGRAMS FOR AGENCY EMPLOYEES; AND
33 (C) COORDINATE THE DEVELOPMENT OF STANDARD AGENCY REPORTS REQUIRED BY
34 THIS ARTICLE.
35 3. REVIEWING STATE AGENCY PROGRAMS AND ACQUISITIONS TO ENSURE COMPLI-
36 ANCE WITH THIS ORDER.
37 S 159-D. INTERAGENCY COMMITTEE ON SUSTAINABILITY AND GREEN PROCURE-
38 MENT. 1. THERE IS HEREBY ESTABLISHED AN INTERAGENCY COMMITTEE ON
39 SUSTAINABILITY AND GREEN PROCUREMENT. THE COMMITTEE SHALL BE COMPRISED
40 OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER OF GENERAL SERVICES, THE
41 COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH,
42 THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE PRESIDENT OF THE URBAN
43 DEVELOPMENT CORPORATION, THE COMMISSIONER OF TRANSPORTATION, THE PRESI-
44 DENT OF THE ENVIRONMENTAL FACILITIES CORPORATION, THE PRESIDENT OF THE
45 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE CHAIR OF
46 THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND THE EXECUTIVE DIRECTOR
47 OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK. THE COMMISSIONER OF
48 GENERAL SERVICES AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
49 SHALL SERVE AS CO-CHAIRS OF THE COMMITTEE.
50 2. MEMBERS OF THE COMMITTEE MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
51 REPRESENT THEM AND PARTICIPATE ON THE COMMITTEE ON THEIR BEHALF. A
52 MAJORITY OF THE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM, AND
53 ALL ACTIONS AND RECOMMENDATIONS OF THE COMMITTEE SHALL REQUIRE APPROVAL
54 OF A MAJORITY OF THE TOTAL MEMBERS OF THE COMMITTEE.
55 S 159-E. ISSUE-SPECIFIC TASK FORCES. 1. THE COMMITTEE SHALL HAVE THE
56 AUTHORITY TO DESIGNATE ISSUE-SPECIFIC TASK FORCES TO EXAMINE SPECIFIC
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1 AREAS OF ENVIRONMENTAL PROCUREMENT AND PROVIDE TARGETED TECHNICAL
2 ASSISTANCE AND GUIDANCE TO AGENCIES AS NEEDED.
3 2. ONE SUCH TASK FORCE SHALL BE A TOXIC REDUCTION TASK FORCE TO BE
4 OVERSEEN BY THE OFFICE OF THE ENVIRONMENTAL EXECUTIVE IN COORDINATION
5 WITH THE OFFICE OF GENERAL SERVICES.
6 (A) THE OFFICE OF GENERAL SERVICES SHALL:
7 (I) PROVIDE THE TOXIC REDUCTION TASK FORCE WITH RELEVANT INFORMATION
8 ON WHAT CHEMICALS AND PRODUCTS ARE PROCURED, AND THE AMOUNTS USED AND BY
9 WHOM, IN THE STATE; AND
10 (II) WORK WITH THE OFFICE OF THE ENVIRONMENTAL EXECUTIVE AND OTHER
11 STAKEHOLDERS TO IMPLEMENT THE TOXIC REDUCTION TASK FORCE RECOMMENDA-
12 TIONS.
13 (B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE
14 OFFICE OF THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE OFFICE OF
15 GENERAL SERVICES IN ESTABLISHING SAID TOXIC REDUCTION TASK FORCE, WHICH
16 SHALL MEET PERIODICALLY, BUT NOT LESS THAN TWO TIMES PER YEAR, TO
17 PROVIDE GUIDANCE ON AND ASSIST AGENCIES WITH IDENTIFYING AND ELIMINATING
18 PURCHASES OF PRODUCTS THAT CONTAIN TOXIC CHEMICALS.
19 (C) TOXIC REDUCTION TASK FORCE MEMBERS SHALL INCLUDE, BUT NOT BE
20 LIMITED TO THE COMMISSIONER OF GENERAL SERVICES, THE COMMISSIONER OF
21 ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH, AND THE COMMIS-
22 SIONER OF LABOR, AND EACH SHALL APPOINT REPRESENTATIVES TO THE TASK
23 FORCE WITHIN THIRTY DAYS OF THEIR NOTIFICATION BY THE OFFICE OF THE
24 ENVIRONMENTAL EXECUTIVE.
25 (D) THE TASK FORCE SHALL PERIODICALLY CONSULT WITH THE COMMITTEE AND
26 ANY OTHER APPROPRIATE NON-GOVERNMENTAL STAKEHOLDERS OR STATE AGENCIES,
27 INCLUDING, BUT NOT LIMITED TO, THE OFFICE OF GENERAL SERVICES, THE
28 DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF
29 TRANSPORTATION, TO IDENTIFY OPPORTUNITIES FOR THE INTEGRATION OF LESS
30 TOXIC PRODUCTS INTO PUBLIC SCHOOLS, HEALTHCARE FACILITIES, CONSTRUCTION
31 PROJECTS AND THROUGHOUT THE STATE AND LOCAL GOVERNMENT.
32 3. MEMBERS OF OTHER TASK FORCES SHALL BE APPOINTED BY THE CHAIR OF THE
33 COMMITTEE IN CONSULTATION WITH THE MEMBERS OF THE COMMITTEE.
34 4. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTAL EXECU-
35 TIVE SHALL REPORT TO THE COMMITTEE ON THE PROGRESS MADE BY THE TOXIC
36 REDUCTION TASK FORCE AND ANY OTHER TASK FORCE OVERSEEN BY THE OFFICE OF
37 THE ENVIRONMENTAL EXECUTIVE IN THE PRIOR FISCAL YEAR TOWARD MEETING THE
38 GOALS AND REQUIREMENTS OF THIS ARTICLE.
39 S 159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. THE INTERAGENCY
40 COMMITTEE ON SUSTAINABILITY AND GREEN PROCUREMENT SHALL DEVELOP AND
41 IMPLEMENT AN ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. 1. THE ENVI-
42 RONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL:
43 (A) ESTABLISH MINIMUM ENVIRONMENTAL STANDARDS FOR PRODUCTS AND
44 SERVICES PROCURED BY STATE AGENCIES WHEREVER FEASIBLE AND PRACTICABLE;
45 (B) PROVIDE GUIDANCE TO STATE AGENCIES ON HOW TO ENSURE THAT THEIR
46 PROCUREMENTS ARE IN COMPLIANCE WITH THESE STANDARDS AND ENCOURAGE STATE
47 AGENCIES TO ESTABLISH ANNUAL ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
48 MENT GOALS;
49 (C) INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS IN STATEWIDE CONTRACTS
50 AND LIMIT CONTRACT AWARDS TO ENVIRONMENTALLY PREFERABLE PRODUCTS EXCLU-
51 SIVELY, CONSISTENT WITH ARTICLE ELEVEN OF THIS CHAPTER AND THE REGU-
52 LATIONS THEREUNDER AND THE ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
53 MENT GOALS AND STANDARDS;
54 (D) FACILITATE THE PURCHASE, DEMONSTRATION AND USE OF NEW AND INNOVA-
55 TIVE ENVIRONMENTALLY PREFERABLE PRODUCTS, TECHNOLOGIES AND SERVICES;
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1 (E) ENCOURAGE STATE CONTRACTORS TO INCORPORATE ENVIRONMENTALLY PREFER-
2 ABLE PRODUCTS AND SUSTAINABLE PRACTICES IN THEIR OPERATIONS;
3 (F) IMPLEMENT AN ENVIRONMENTALLY PREFERABLE PRODUCT CERTIFICATION
4 PROGRAM FOR STATE AGENCIES AND OTHER PUBLIC PURCHASERS AND/OR WORK WITH
5 PARTNERS WITHIN AND OUTSIDE THE STATE TO DEVELOP SUCH A CERTIFICATION ON
6 A NATIONAL LEVEL; AND
7 (G) SUPPORT DEVELOPMENT OF APPROPRIATE TRAINING AND OUTREACH ON
8 PROCURING ENVIRONMENTALLY PREFERABLE PRODUCTS AND IDENTIFICATION OF
9 THEIR FISCAL, ENVIRONMENTAL, AND HEALTH BENEFITS.
10 2. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTALLY PREF-
11 ERABLE PRODUCTS PROGRAM SHALL REPORT TO THE DIVISION OF BUDGET AND THE
12 DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THE PROGRESS MADE IN THE
13 PRIOR FISCAL YEAR TOWARD MEETING THE GOALS SET FORTH IN THIS SECTION AS
14 WELL AS PROVIDE AVAILABLE DATA ON ACTUAL ENVIRONMENTALLY PREFERABLE
15 PRODUCT PURCHASES AND THEIR ASSOCIATED ENVIRONMENTAL, HEALTH, AND FISCAL
16 BENEFITS, WHEREVER POSSIBLE.
17 3. ALL OFFICE OF GENERAL SERVICES STAFF SHALL COOPERATE WITH THE ENVI-
18 RONMENTALLY PREFERABLE PRODUCTS PROGRAM IN THESE EFFORTS AND INCORPORATE
19 ENVIRONMENTAL GOALS INTO THE PERFORMANCE MEASUREMENTS OF PROCUREMENT
20 OFFICERS AND OTHER APPROPRIATE STAFF.
21 4. THE STATE PURCHASING AGENT SHALL DIRECT THE NEW YORK STATE ENERGY
22 RESEARCH AND DEVELOPMENT AUTHORITY TO FACILITATE COORDINATION BETWEEN
23 THE GREEN JOBS-GREEN NEW YORK PROGRAM AND THE ENVIRONMENTALLY PREFERABLE
24 PRODUCTS PROGRAM AND INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS
25 CONTRACT INFORMATION IN ALL APPROPRIATE TRAINING SESSIONS.
26 5. THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND
27 CONDUCT OUTREACH PROGRAMS FOR MUNICIPALITIES AND, IN COLLABORATION WITH
28 THE DEPARTMENT OF EDUCATION, ELEMENTARY OR SECONDARY SCHOOLS.
29 6. INDEPENDENT AGENCIES MAY ADOPT THE ENVIRONMENTALLY PREFERABLE
30 PRODUCTS POLICIES AND PROGRAMS CONSISTENT WITH THIS SECTION.
31 S 159-G. STATE AGENCY RESPONSIBILITIES. 1. WHERE STATE AGENCIES HAVE
32 THE RESPONSIBILITY AND OPPORTUNITY TO CONDUCT PROCUREMENTS AND TO
33 PURCHASE PRODUCTS AND SERVICES EITHER THROUGH STATEWIDE CONTRACTS OR
34 DEPARTMENT PROCUREMENTS AND CONTRACTS, INCLUDING CONSULTANTS, SERVICE
35 PROVIDERS, AND/OR LEASE AGREEMENTS, THEY SHALL INCORPORATE ENVIRON-
36 MENTALLY PREFERABLE PRODUCTS INTO THOSE ACTIVITIES TO THE GREATEST
37 EXTENT FEASIBLE.
38 2. STATE AGENCIES SHALL:
39 (A) WORK WITH THEIR CONTRACTORS AND AGENCY PERSONNEL TO PROVIDE ALL
40 NECESSARY AND APPROPRIATE SUPPORT TO THE ENVIRONMENTALLY PREFERABLE
41 PRODUCTS PROGRAM IN AN EFFORT TO ENSURE THAT ANNUAL FISCAL YEAR PURCHAS-
42 ING DATA IS REPORTED TO THE OFFICE OF GENERAL SERVICES WITHIN NINETY
43 DAYS OF THE CLOSE OF EACH FISCAL YEAR;
44 (B) EXAMINE THE BENEFITS OF ESTABLISHING ANNUAL ENVIRONMENTALLY PREF-
45 ERABLE PRODUCT PROCUREMENT GOALS AND CONSULT WITH THE ENVIRONMENTALLY
46 PREFERABLE PRODUCTS PROGRAM TO TARGET APPROPRIATE PROCUREMENT AREAS;
47 (C) SUPPORT AND ENCOURAGE KEY AGENCY STAFF PARTICIPATION IN ENVIRON-
48 MENTALLY PREFERABLE PRODUCT PROCUREMENT TRAINING; AND
49 (D) WORK TO INCORPORATE THE USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS
50 IN CONTRACTS AUTHORIZED BY THE PUBLIC HEALTH LAW AND THE REGULATIONS
51 PROMULGATED THEREUNDER, CONSTRUCTION, RENOVATION AND MAINTENANCE
52 CONTRACTS, FOOD SERVICE CONTRACTS, DISPOSAL CONTRACTS, LEASE AGREEMENTS,
53 GRANT PROGRAMS, AND OTHER CONTRACTS OVERSEEN BY STATE AGENCIES.
54 S 159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES. 1. (A) WHEN PROCURING
55 PRODUCTS THAT CONSUME ENERGY, ALL STATEWIDE CONTRACTS AND AGENCY
56 PROCUREMENTS SHALL FOLLOW THE MINIMUM ENERGY EFFICIENCY STANDARDS
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1 PROMULGATED BY THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND
2 DEVELOPMENT AUTHORITY AND TAKE INTO ACCOUNT, IN THE PROCUREMENT'S SPEC-
3 IFICATIONS, THE LIFETIME ENERGY COSTS NECESSARY TO OPERATE ENERGY
4 CONSUMING PRODUCTS AND EQUIPMENT.
5 (B) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL REVIEW
6 EXISTING STANDARDS AND ESTABLISH MINIMUM ENERGY PERFORMANCE STANDARDS,
7 TAKING INTO ACCOUNT INITIAL AND OPERATING COSTS, AND STATE AGENCIES
8 SHALL ADHERE TO SAID STANDARDS. AT A MINIMUM, UNLESS OTHERWISE SET FORTH
9 IN THE MINIMUM ENERGY PERFORMANCE STANDARDS, STATE AGENCIES SHALL:
10 (I) PROCURE ONLY ENERGY STAR RATED OFFICE EQUIPMENT, APPLIANCES, HEAT-
11 ING, VENTILATING AND AIR CONDITIONING EQUIPMENT, AND OTHER ENERGY STAR
12 RATED PRODUCTS UNLESS SUCH PRODUCTS CAN BE DEMONSTRATED TO BE COST
13 PROHIBITIVE OVER THEIR LIFE;
14 (II) ENSURE THAT ALL ENERGY STAR EQUIPMENT HAS THE POWER SAVING MODE
15 ENABLED AT THE TIME OF INSTALLATION AND THAT ALL STAFF ARE AWARE OF
16 THESE FUNCTIONS AND THEIR BENEFITS;
17 (III) PURCHASE ONLY ENERGY EFFICIENT LIGHT BULBS, SUCH AS, BUT NOT
18 LIMITED TO, COMPACT FLUORESCENT LAMPS OR LIGHT EMITTING DIODES UNLESS
19 THE PURCHASE OF A STANDARD BULB, SUCH AS AN INCANDESCENT, IS NECESSARY
20 FOR A SPECIFIC PURPOSE OR FUNCTION THAT CAN ONLY BE SERVED BY SAID BULB;
21 (IV) PROCURE THE MOST EFFICIENT AND COST-EFFECTIVE LINEAR LIGHTS
22 POSSIBLE THAT WILL MEET AGENCY NEEDS AND, WHEREVER POSSIBLE, REPLACE
23 OLDER LAMP BALLASTS WITH NEWER MORE EFFICIENT ELECTRONIC BALLASTS;
24 (V) ENSURE THAT ALL NEW STREET LIGHTS UTILIZE THE MOST EFFICIENT LIGHT
25 SOURCES POSSIBLE AND THAT ALL TRAFFIC LIGHTS INSTALLED OR REPLACED BY
26 AGENCIES UTILIZE ONLY LIGHT EMITTING DIODES OR SIMILARLY EFFICIENT TECH-
27 NOLOGY; AND
28 (VI) SUPPORT THE PROCUREMENT OF OTHER ENERGY EFFICIENT PRODUCTS WHER-
29 EVER POSSIBLE, INCLUDING BUT NOT LIMITED TO, HIGH EFFICIENCY MOTORS,
30 TANKLESS WATER HEATERS, PROGRAMMABLE THERMOSTATS, HEATING, VENTILATION
31 AND AIR CONDITIONING UNITS/SYSTEMS AND FOOD SERVICE EQUIPMENT.
32 2. (A) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM AND STATE AGEN-
33 CIES SHALL, WHEREVER FEASIBLE, ELIMINATE PRODUCTS PROCURED BY THE STATE
34 THAT CONTAIN TOXIC CHEMICALS IN CONCENTRATIONS THAT POSE A SIGNIFICANT
35 THREAT TO THE ENVIRONMENT AND/OR PUBLIC HEALTH.
36 (B) WHEN LESS TOXIC OR NON-TOXIC ALTERNATIVES ARE READILY AVAILABLE,
37 MEET STATE AGENCY PERFORMANCE REQUIREMENTS, AND ARE COST COMPETITIVE,
38 THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL MOVE PROMPTLY TO
39 MAKE THESE ALTERNATIVES AVAILABLE THROUGH STATEWIDE CONTRACTS. STATE
40 AGENCIES SHALL PURCHASE ONLY THESE LESS TOXIC OR NON-TOXIC ALTERNATIVES
41 UNLESS IT CAN BE DEMONSTRATED THAT SUCH ALTERNATIVES DO NOT MEET THE
42 ESSENTIAL NEEDS OF THE AGENCY.
43 (C) THROUGH BOTH STATEWIDE AND/OR DEPARTMENTAL CONTRACTS, STATE AGEN-
44 CIES SHALL:
45 (I) PURCHASE AND USE ONLY THOSE CLEANING PRODUCTS, INCLUDING FLOOR
46 FINISHES, THAT MEET THE ENVIRONMENTAL SPECIFICATIONS ESTABLISHED BY THE
47 ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM;
48 (II) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, REQUIRE
49 CLEANING SERVICE CONTRACTORS TO UTILIZE CLEANING PRODUCTS THAT MEET THE
50 SAME OR BETTER ENVIRONMENTALLY PREFERABLE PRODUCT STANDARDS;
51 (III) REQUIRE PEST CONTROL FIRMS OR LICENSED STATE STAFF TO EMPLOY AN
52 INTEGRATED PEST MANAGEMENT APPROACH IN STATE FACILITIES;
53 (IV) ENSURE ADHERENCE TO TITLE TWENTY-ONE OF ARTICLE TWENTY-SEVEN OF
54 THE ENVIRONMENTAL CONSERVATION LAW AND THE REGULATIONS THEREUNDER
55 CONCERNING MERCURY-ADDED CONSUMER PRODUCTS OR DEVELOP STANDARDS THAT THE
56 ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE;
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1 (V) PROCURE PRODUCTS THAT CONTAIN NO OR LOW AMOUNTS OF VOLATILE ORGAN-
2 IC COMPOUNDS WHEREVER FEASIBLE, INCLUDING BUT NOT LIMITED TO OFFICE
3 EQUIPMENT, FURNITURE, FLOORING, PAINT, AND CONSTRUCTION MATERIALS; AND
4 (VI) PURCHASE COMPUTERS, MONITORS, LAPTOPS, AND OTHER RELEVANT EQUIP-
5 MENT THAT HAVE ACHIEVED A MINIMUM SILVER RATING FROM THE ELECTRONIC
6 PRODUCTS ENVIRONMENTAL ASSESSMENT TOOL.
7 (D) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL WORK WITH
8 AGENCIES TO DEVELOP BEST MANAGEMENT PRACTICES AND SPECIFICATIONS WITH
9 THE INTENT OF INCREASING THE PROCUREMENT OF:
10 (I) LESS TOXIC WATER TREATMENT CHEMICALS AND PROCESSES;
11 (II) PAPER PRODUCTS PROCESSED WITHOUT ELEMENTAL CHLORINE;
12 (III) ORGANIC AND/OR LESS TOXIC FERTILIZERS, PESTICIDES AND OTHER
13 LANDSCAPING PRODUCTS;
14 (IV) VEHICLE TIRES WITH LEAD-FREE WHEEL WEIGHTS;
15 (V) PACKAGING IN CONFORMANCE WITH THE SPECIFICATIONS DEVELOPED BY THE
16 COALITION OF NORTHEASTERN GOVERNORS DESIGNED TO REDUCE HEAVY METALS AND
17 TOXICS;
18 (VI) FURNISHINGS, CLOTHING, AND OTHER PRODUCTS THAT MEET REQUIRED
19 FLAMMABILITY STANDARDS WITHOUT THE USE OF TOXIC FLAME RETARDANTS KNOWN
20 AS POLYBROMINATED DIPHENYL ETHERS; AND
21 (VII) OTHER PRODUCTS IDENTIFIED BY A TASK FORCE ESTABLISHED BY THE
22 COMMITTEE PURSUANT TO SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTICLE.
23 3. RECYCLED CONTENT AND WASTE MINIMIZATION. (A) THE ENVIRONMENTALLY
24 PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND EXPAND MINIMUM RECYCLED
25 CONTENT AND REMANUFACTURED STANDARDS FOR ALL APPROPRIATE PRODUCTS AND
26 MATERIALS.
27 (B) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL UTILIZE,
28 WHEREVER APPLICABLE, THE MINIMUM STANDARDS ESTABLISHED BY THE FEDERAL
29 ENVIRONMENTAL PROTECTION AGENCY'S COMPREHENSIVE PROCUREMENT GUIDELINES
30 AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN OF TITLE FORTY OF THE
31 UNITED STATES CODE OF FEDERAL REGULATIONS OR DEVELOP STANDARDS THAT THE
32 ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE.
33 (C) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL CONSIDER THE
34 ULTIMATE DISPOSAL OF PRODUCTS AND THEIR PACKAGING WHEN DEVELOPING
35 CONTRACT SPECIFICATIONS AND MAKING CONTRACT AWARDS. AGENCIES SHALL
36 PROCURE PRODUCTS THAT COMPLY WITH ALL RECYCLED CONTENT AND WASTE
37 REDUCTION STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREFERABLE
38 PRODUCTS PROGRAM.
39 (D) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENSURE THAT
40 THE FOLLOWING PRODUCT CATEGORIES CONTAIN MINIMUM RECYCLED CONTENT STAND-
41 ARDS AND ARE INCLUDED ON STATEWIDE CONTRACTS:
42 (I) OFFICE PAPER, PRINTED MATERIALS, OFFICE SUPPLIES, PACKAGING AND
43 STORAGE BOXES;
44 (II) OFFICE PANELS AND INTERIOR AND EXTERIOR FURNITURE AND EQUIPMENT;
45 (III) JANITORIAL PAPER PRODUCTS AND TRASH LINERS;
46 (IV) TRANSPORTATION PRODUCTS SUCH AS ANTIFREEZE, MOTOR OIL, RETREAD
47 TIRES AND TRAFFIC CONTROL DEVICES;
48 (V) CARPETING AND FLOORING;
49 (VI) COMPOST AND MULCH; AND
50 (VII) PLASTIC CONTAINERS SUCH AS RECYCLING CONTAINERS AND COMPOST
51 BINS.
52 (E) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL WORK TO
53 DEVELOP STANDARDS AND CONTRACTS FOR ADDITIONAL RECYCLED CONTENT PRODUCTS
54 IDENTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S COMPREHEN-
55 SIVE PROCUREMENT GUIDELINES AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN
56 OF TITLE FORTY OF THE UNITED STATES CODE OF FEDERAL REGULATIONS, AS WELL
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1 AS WATER AND WASTE MINIMIZING PRODUCTS SUCH AS DOUBLE-SIDED COPIERS AND
2 PRINTERS, WATERLESS AND LOW-FLOW PLUMBING DEVICES, AND COMPOSTING
3 TOILETS.
4 (F) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENCOURAGE
5 VENDOR RESPONSIBILITY FOR THE REUSE OR RECYCLING OF PACKAGING AND/OR
6 PRODUCTS AT THE END OF THEIR USEFUL LIFE.
7 (G) AGENCIES SHALL ENSURE THAT THEY INTEGRATE INCREASED RECYCLING
8 PRACTICES IN THE DISPOSAL OF THEIR OWN WASTE MATERIALS, INCLUDING BUT
9 NOT LIMITED TO PAPER, GLASS, CANS, PLASTIC BOTTLES, CONTAINERS, AND
10 ELECTRONIC EQUIPMENT. THIS EFFORT SHALL INCLUDE THE POSITIONING OF RECY-
11 CLING BINS IN THEIR OFFICES AND THE CONTRACTING FOR RECYCLING SERVICES
12 TO PICK UP AND RECYCLE THESE MATERIALS.
13 4. IN DEVELOPING STANDARDS AND SPECIFICATIONS FOR ENVIRONMENTALLY
14 PREFERABLE PRODUCTS, THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM
15 SHALL ENCOURAGE AND PRIORITIZE THE PROCUREMENT OF GOODS THAT ARE GROWN,
16 MANUFACTURED, TRANSPORTED, AND HANDLED IN A SUSTAINABLE MANNER USING, TO
17 THE GREATEST EXTENT FEASIBLE, A LIFE-CYCLE ANALYSIS OF MATERIALS AND
18 OTHER INPUTS INTO THE PRODUCTION OF THE FINAL PRODUCT. SUCH GOODS SHALL
19 INCLUDE, BUT NOT BE LIMITED TO:
20 (A) LUMBER AND BUILDING MATERIALS;
21 (B) ORGANIC AND LOCALLY GROWN FOODS;
22 (C) COMPOSTABLE FOOD SERVICE PRODUCTS; AND
23 (D) BIO-BASED PRODUCTS SUCH AS LUBRICANTS, FOOD-SERVICE WARE, FUELS,
24 PLASTICS AND COATINGS.
25 S 159-I. BUSINESS DEVELOPMENT AND GUIDANCE. THE ENVIRONMENTALLY PREF-
26 ERABLE PRODUCTS PROGRAM SHALL COLLABORATE WITH RELEVANT STATE AGENCIES
27 TO PROMOTE ENVIRONMENTALLY PREFERABLE PRODUCTS AND SUSTAINABLE BUSINESS
28 SOLUTIONS TO NEW YORK COMPANIES AS WELL AS THOSE LOOKING TO RELOCATE TO
29 THE STATE. SUCH EFFORTS MAY INCLUDE GUIDANCE ON HOW SUSTAINABLE PRAC-
30 TICES AND ENVIRONMENTAL PURCHASING CAN RESULT IN A COMPETITIVE EDGE WHEN
31 BIDDING ON STATEWIDE CONTRACTS AND HOW THE USE OF ENVIRONMENTALLY PREF-
32 ERABLE PRODUCTS CAN REDUCE ENVIRONMENTAL IMPACTS WHILE MINIMIZING OPER-
33 ATING COSTS.
34 S 7. The general municipal law is amended by adding a new section
35 109-c to read as follows:
36 S 109-C. INTERGOVERNMENTAL AGREEMENTS. 1. FOR PURPOSES OF THIS
37 SECTION, THE TERM "PUBLIC AGENCY" SHALL MEAN ANY COUNTY, CITY, TOWN,
38 VILLAGE, SCHOOL DISTRICT, IMPROVEMENT DISTRICT OR DISTRICT CORPORATION
39 OF THE STATE OF NEW YORK.
40 2. ANY POWER OR POWERS, PRIVILEGE OR PRIVILEGES, AUTHORITY OR UNDER-
41 TAKING, EXERCISED OR CAPABLE OF EXERCISE, OR WHICH MAY BE ENGAGED IN,
42 AND ANY PUBLIC WORKS WHICH MAY BE UNDERTAKEN, BY A PUBLIC AGENCY ACTING
43 ALONE MAY BE EXERCISED, ENJOYED, ENGAGED IN OR UNDERTAKEN JOINTLY WITH
44 ANY OTHER PUBLIC AGENCY WHICH COULD LIKEWISE ACT ALONE.
45 3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN AGREEMENT
46 WITH ONE ANOTHER FOR JOINT OR COOPERATIVE ACTION PURSUANT TO THE
47 PROVISIONS OF THIS SECTION. APPROPRIATE ACTION BY ORDINANCE, RESOLUTION
48 OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE PARTICIPAT-
49 ING PUBLIC AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT SHALL
50 BECOME EFFECTIVE. ANY SEPARATELY LEGAL OR ADMINISTRATIVE ENTITY ESTAB-
51 LISHED HEREUNDER IS A PUBLIC CORPORATION AND MAY EXIST FOR THE LENGTH OF
52 TIME SET FORTH IN THE INTERGOVERNMENTAL AGREEMENT.
53 S 8. Section 409-i of the education law is REPEALED and a new section
54 409-i is added to read as follows:
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1 S 409-I. IMPLEMENTATION OF THE ENVIRONMENTALLY PREFERABLE PRODUCTS
2 PROGRAM. 1. FOR THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL
3 MEAN:
4 (A) "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR
5 INSTRUCTION OF ELEMENTARY OR SECONDARY STUDENTS BY: (I) ANY SCHOOL
6 DISTRICT, INCLUDING A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL
7 DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU-
8 SAND INHABITANTS OR MORE, (II) A BOARD OF COOPERATIVE EDUCATIONAL
9 SERVICES, (III) A CHARTER SCHOOL, (IV) AN APPROVED PRIVATE SCHOOL FOR
10 THE EDUCATION OF STUDENTS WITH DISABILITIES, (V) A STATE-SUPPORTED
11 SCHOOL FOR THE DEAF OR BLIND OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF
12 THIS CHAPTER, AND (VI) ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR
13 SECONDARY SCHOOL.
14 (B) "ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM" MEANS THE PROGRAM
15 DESCRIBED BY THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F OF THE
16 STATE FINANCE LAW.
17 2. ELEMENTARY AND SECONDARY SCHOOLS SHALL BE REQUIRED TO IMPLEMENT THE
18 STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREFERABLE PROGRAM CONSIST-
19 ENT WITH THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F OF THE STATE
20 FINANCE LAW.
21 3. THE COMMISSIONER OF GENERAL SERVICES SHALL DISSEMINATE TO ALL
22 ELEMENTARY AND SECONDARY SCHOOLS GUIDELINES AND SPECIFICATIONS FOR
23 IMPLEMENTATION OF THE STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREF-
24 ERABLE PRODUCTS PROGRAM. THE COMMISSIONER OF GENERAL SERVICES SHALL
25 PROVIDE ASSISTANCE AND GUIDANCE TO ELEMENTARY AND SECONDARY SCHOOLS IN
26 CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
27 S 9. Section 163-b of the state finance law is REPEALED.
28 S 10. Paragraphs c, d, e, f, g, h, i, l and o of subdivision 4 of
29 section 261 of the economic development law, paragraphs c, d, e, f, g,
30 h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
31 as amended by chapter 180 of the laws of 2006, are amended to read as
32 follows:
33 c. maintain, provide and market a compilation of existing programs
34 providing incentives for new or expanded business enterprises which
35 could be utilized by the secondary materials processing industry OR
36 WHICH MANUFACTURE, PRODUCE OR PROVIDE ENVIRONMENTALLY PREFERABLE
37 PRODUCTS;
38 d. promote the utilization of such incentives for new or expanded
39 business enterprises which process or utilize secondary materials OR
40 WHICH MANUFACTURE, PRODUCE OR PROVIDE ENVIRONMENTALLY PREFERABLE
41 PRODUCTS to locate in New York state;
42 e. promote incentives for existing businesses to expand their utiliza-
43 tion of secondary materials [and], their adoption of waste prevention
44 technologies and practices AND THEIR DEVELOPMENT, MANUFACTURE,
45 PRODUCTION AND PROVISION OF ENVIRONMENTALLY PREFERABLE PRODUCTS;
46 f. identify special needs and problems facing the secondary materials
47 processing industry [and], THE implementation of waste prevention AND
48 THE DEVELOPMENT, MANUFACTURE, PRODUCTION AND PROVISION OF ENVIRON-
49 MENTALLY PREFERABLE PRODUCTS within New York state;
50 g. contact institutions, organizations and commercial enterprises that
51 are potential consumers of secondary materials and products manufactured
52 with secondary materials OR ENVIRONMENTALLY PREFERABLE PRODUCTS; urging
53 their expanded consumption of [secondary] SUCH materials and products
54 and establishing markets for such [secondary] materials and products
55 through the use of letters of intent and such other techniques as the
56 commissioner may deem appropriate;
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1 h. conduct market surveys of the potential consumers of secondary
2 materials and products manufactured with secondary materials AND OF
3 ENVIRONMENTALLY PREFERABLE PRODUCTS;
4 i. conduct surveys to determine the potential supply of secondary
5 materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS in the state;
6 l. provide information concerning local and regional markets for
7 secondary materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS;
8 o. provide other technical assistance to assist businesses in reducing
9 the amount of waste generated by their processes and productively use or
10 provide for the productive use [of others] of wastes which are gener-
11 ated;
12 S 11. Subdivision 5 of section 261 of the economic development law, as
13 amended by chapter 471 of the laws of 1998, is amended to read as
14 follows:
15 5. The department shall fund feasibility studies for testing of waste
16 prevention technologies or practices [or both] AND ENVIRONMENTALLY PREF-
17 ERABLE PRODUCTS to reduce the amount of waste and to promote energy and
18 resource conservation by the adoption OR USE of such technologies [or],
19 practices OR PRODUCTS by small and medium sized firms in New York state.
20 S 12. Subdivision 10 of section 261 of the economic development law,
21 as amended by chapter 471 of the laws of 1998, is amended to read as
22 follows:
23 10. Technical feasibility study. The department shall require the
24 applicant to submit a technical feasibility study which identifies and
25 analyzes in detail the waste prevention projects which the applicant
26 wishes to implement. All feasibility studies must include the cost of
27 implementation, a construction schedule and, a description of how the
28 project will minimize, reduce or eliminate the generation of wastes, use
29 or reuse wastes, increase energy efficiency or water conservation,
30 INCREASE THE MANUFACTURE, PRODUCTION, PROVISION OR USE OF ENVIRON-
31 MENTALLY PREFERABLE PRODUCTS, improve air or water quality and/or
32 improve process economics.
33 S 13. Subdivision 14 of section 261 of the economic development law,
34 as amended by chapter 524 of the laws of 2005, is amended to read as
35 follows:
36 14. Reports. Beginning on January first, nineteen hundred eighty-nine,
37 the commissioner shall make an annual report to the governor and the
38 legislature which shall include, at a minimum, the status of the activ-
39 ities undertaken pursuant to paragraphs a, c, d, e, f, i, j and k of
40 subdivision four of this section, the status of any other activities
41 undertaken pursuant to this article, and recommendations for programs or
42 policies that will further the objectives of expanding the utilization
43 of secondary materials recovered for reuse, INCREASING WASTE PREVENTION
44 AND SOURCE REDUCTION, AND INCREASING THE MANUFACTURE, PRODUCTION,
45 PROVISION AND USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS within the
46 state. The provisions of this subdivision shall not be deemed to require
47 or authorize the disclosure of confidential information or trade
48 secrets. This report may be consolidated with the report required by
49 subdivision four of section two hundred sixty-three of this article.
50 S 14. The opening paragraph of subdivision 1 of section 3-0311 of the
51 environmental conservation law, as amended by chapter 741 of the laws of
52 1991, is amended to read as follows:
53 Each state agency as defined in subdivision five of this section shall
54 annually audit the environmental problems created by its operations or
55 the operations of contractors it has hired and over whom it has exer-
56 cised or is required to exercise direct oversight, acting in fulfillment
A. 5296 13
1 of their contracts. Such audit shall identify the extent to which these
2 operations are in violation of this chapter, or regulations adopted
3 thereunder. SUCH AUDIT ALSO SHALL EVALUATE THE ENVIRONMENTAL PROBLEMS
4 CREATED BY THE AGENCY'S PROCUREMENT OF COMMODITIES, ITS ENERGY USE,
5 WASTE PRODUCTION, WATER AND PAPER USE, AND THE USE OF ANY TOXIC MATERI-
6 ALS OF PRODUCTS REASONABLY ANTICIPATED TO BE CARCINOGENS. Each such
7 state agency shall submit a report to the department on or before April
8 first of each year. The report shall:
9 S 15. This act shall take effect on the sixtieth day after it shall
10 have become a law; provided, that the amendments to subparagraph (viii)
11 of paragraph b of subdivision 3 of section 163 of the state finance law
12 made by section five of this act shall not affect the repeal of such
13 section and shall be deemed repealed therewith; provided, however, that
14 effective immediately, the addition, amendment and/or repeal of any rule
15 or regulation necessary for the implementation of this act on its effec-
16 tive date are authorized and directed to be made and completed on or
17 before such effective date.