Bill Text: NY A03324 | 2023-2024 | General Assembly | Introduced

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Bill Title: Requires consideration of an offerer's compliance with the New York state climate leadership and community protection act in certain procurement contracts.

Spectrum: Partisan Bill (Democrat 5-0)

Status: (Introduced) 2024-01-03 - referred to environmental conservation [A03324 Detail]

Download: New_York-2023-A03324-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          3324

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    February 2, 2023
                                       ___________

        Introduced  by M. of A. EPSTEIN -- read once and referred to the Commit-
          tee on Environmental Conservation

        AN ACT to amend the environmental conservation law and the state finance
          law, in relation to requiring consideration  of  the  New  York  state
          climate leadership and community protection act in certain procurement
          contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. Section 75-0103 of the environmental  conservation  law  is
     2  amended by adding a new subdivision 18 to read as follows:
     3    18. The council shall, in coordination with the commissioner of gener-
     4  al  services,  review  existing  state purchasing requirements and shall
     5  develop recommendations requiring that any evaluation  of  an  offer  or
     6  purchase  subject  to  the  provisions  of  article  eleven of the state
     7  finance law shall include consideration of the offerer's compliance with
     8  all applicable provisions of this article and all regulations promulgat-
     9  ed pursuant thereto, including any specific requirements set forth ther-
    10  ein, and with any purchasing requirements developed  on  and  after  the
    11  effective  date  of  this  subdivision in accordance with the provisions
    12  hereof.
    13    § 2. Paragraph j of subdivision 1 of section 163 of the state  finance
    14  law,  as  amended by chapter 569 of the laws of 2015, is amended to read
    15  as follows:
    16    j. "Best value" means the basis for awarding contracts for services to
    17  the offerer which optimizes quality, cost and efficiency, among  respon-
    18  sive and responsible offerers. Such basis shall reflect, wherever possi-
    19  ble, objective and quantifiable analysis. Such basis may also identify a
    20  quantitative  factor  for  offerers that are small businesses, certified
    21  minority- or women-owned business enterprises as defined in subdivisions
    22  one, seven, fifteen and twenty of section three hundred ten of the exec-
    23  utive law or  service-disabled  veteran-owned  business  enterprises  as

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02097-01-3
        A. 3324                             2

     1  defined  in subdivision one of section three hundred sixty-nine-h of the
     2  executive law to be  used  in  evaluation  of  offers  for  awarding  of
     3  contracts for services. Such basis shall also identify as a quantitative
     4  factor  the offerer's compliance with all applicable provisions of arti-
     5  cle seventy-five of the environmental conservation  law  and  all  regu-
     6  lations  promulgated  pursuant thereto, including any recommendations or
     7  requirements developed pursuant to section 75-0103 of such article.
     8    § 3. Paragraph j of subdivision 1 of section 163 of the state  finance
     9  law,  as  amended  by section 28 of part PP of chapter 56 of the laws of
    10  2022, is amended to read as follows:
    11    j. "Best value" means the basis for awarding contracts for services to
    12  the offerer which optimizes quality, cost and efficiency, among  respon-
    13  sive and responsible offerers. Such basis shall reflect, wherever possi-
    14  ble, objective and quantifiable analysis. Such basis may also identify a
    15  quantitative  factor  for  offerers that are small businesses, certified
    16  minority- or women-owned business enterprises as defined in subdivisions
    17  one, seven, fifteen and twenty of section three hundred ten of the exec-
    18  utive law or  service-disabled  veteran-owned  business  enterprises  as
    19  defined  in  subdivision  one of section forty of the veterans' services
    20  law to be used in evaluation of offers for  awarding  of  contracts  for
    21  services.  Such  basis  shall also identify as a quantitative factor the
    22  offerer's compliance with all applicable provisions of article  seventy-
    23  five  of  the environmental conservation law and all regulations promul-
    24  gated pursuant thereto, including any  recommendations  or  requirements
    25  developed pursuant to section 75-0103 of such article.
    26    §  4.  This  act shall take effect on the thirtieth day after it shall
    27  have become a law; provided, however, that the amendments to paragraph j
    28  of subdivision 1 of section 163 of the state finance law made by section
    29  three of this act shall take effect on the same date  and  in  the  same
    30  manner  as  part PP of chapter 56 of the laws of 2022, takes effect; and
    31  provided further that the amendments to paragraph j of subdivision 1  of
    32  section  163  of the state finance law made by sections two and three of
    33  this act shall not affect the repeal of such section and shall be deemed
    34  to be repealed therewith.