Bill Text: NY A04184 | 2013-2014 | General Assembly | Introduced

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Bill Title: Requires the commissioners of health and general services to promulgate standards for the procurement and use of environmentally sensitive commodities and services for hospitals; provides that these provisions shall be applicable to all hospitals.

Spectrum: Partisan Bill (Democrat 11-0)

Status: (Introduced - Dead) 2014-06-17 - held for consideration in ways and means [A04184 Detail]

Download: New_York-2013-A04184-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4184
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 1, 2013
                                      ___________
       Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
         BRENNAN, CLARK, COOK, DINOWITZ, JACOBS, ORTIZ, PERRY, RIVERA,  WEISEN-
         BERG -- read once and referred to the Committee on Health
       AN  ACT  to  amend  the  public health law and the state finance law, in
         relation to the  procurement  and  use  of  environmentally  sensitive
         commodities and services by hospitals
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The public health law is amended by adding  a  new  section
    2  2805-v to read as follows:
    3    S  2805-V.    PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE COMMOD-
    4  ITIES AND SERVICES. 1. FOR THE PURPOSES OF THIS  SECTION  THE  FOLLOWING
    5  TERMS SHALL MEAN:
    6    (A)  "ENVIRONMENTALLY  SENSITIVE COMMODITIES AND SERVICES" MEANS THOSE
    7  COMMODITIES AND SERVICES THAT MINIMIZE ADVERSE  IMPACTS  ON  THE  PUBLIC
    8  HEALTH  AND THE ENVIRONMENT AS DETERMINED BY THE COMMISSIONER OF GENERAL
    9  SERVICES.
   10    (B) "COMMODITY" OR  "COMMODITIES"  MEANS  MATERIAL,  GOODS,  SUPPLIES,
   11  PRODUCTS,  CONSTRUCTION  ITEMS  AND  OTHER STANDARD ARTICLES OF COMMERCE
   12  OTHER THAN TECHNOLOGY.
   13    (C)  "CONSTRUCTION  ITEM"  MEANS  ANY  ITEM  OR   MATERIAL   USED   IN
   14  CONSTRUCTION AND WHICH IS PROCURED DIRECTLY BY A HOSPITAL OR BY A PERSON
   15  UNDER CONTRACT BY A HOSPITAL.
   16    (D)  "SERVICE"  OR "SERVICES" MEANS THE PERFORMANCE OF A TASK OR TASKS
   17  AND MAY INCLUDE A MATERIAL GOOD OR A QUANTITY  OF  MATERIAL  GOODS,  AND
   18  WHICH  IS SUBJECT OF ANY PURCHASE OR OTHER EXCHANGE. FOR THE PURPOSES OF
   19  THIS SECTION, TECHNOLOGY SHALL BE DEEMED A SERVICE.
   20    2. THE COMMISSIONER OF GENERAL  SERVICES,  IN  CONSULTATION  WITH  THE
   21  COMMISSIONER, SHALL ESTABLISH AND FROM TIME TO TIME AMEND GUIDELINES AND
   22  SPECIFICATIONS  FOR  ENVIRONMENTALLY  SENSITIVE COMMODITIES AND SERVICES
   23  FOR USE IN HOSPITALS; AND FOR USE IN  THE  CONSTRUCTION,  RENOVATION  OR
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07599-01-3
       A. 4184                             2
    1  REPAIR  OF  HOSPITAL  BUILDINGS  AND RELATED FACILITIES. SUCH GUIDELINES
    2  SHALL BE USED TO  IDENTIFY  ENVIRONMENTALLY  SENSITIVE  COMMODITIES  AND
    3  SERVICES WHICH ARE AVAILABLE IN THE FORM, FUNCTION AND UTILITY GENERALLY
    4  USED  BY  SUCH FACILITIES.  SUCH COMMISSIONERS SHALL REVIEW AND EVALUATE
    5  EXISTING RESEARCH REGARDING ENVIRONMENTALLY  SENSITIVE  COMMODITIES  AND
    6  SERVICES,  INCLUDING BUT NOT LIMITED TO, THE UNITED STATES ENVIRONMENTAL
    7  PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSITIVE COMMODITIES
    8  AND SERVICES, FOR THE PURPOSE OF  DEVELOPING  APPROPRIATE  CRITERIA  FOR
    9  SUCH GUIDELINES AND SPECIFICATIONS.
   10    3.  THE  COMMISSIONER  OF  GENERAL  SERVICES  SHALL DISSEMINATE TO ALL
   11  HOSPITALS GUIDELINES AND SPECIFICATIONS FOR THE PURCHASE OR USE OF ENVI-
   12  RONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN HOSPITALS; AND FOR USE
   13  IN THE CONSTRUCTION, RENOVATION OR  REPAIR  OF  HOSPITAL  BUILDINGS  AND
   14  RELATED  FACILITIES.  THE  COMMISSIONER  OF  GENERAL SERVICES SHALL ALSO
   15  PREPARE AND DISSEMINATE TO ALL HOSPITALS A SAMPLE LIST OF SUCH  ENVIRON-
   16  MENTALLY  SENSITIVE  COMMODITIES AND SERVICES THAT MEET THESE GUIDELINES
   17  OR SPECIFICATIONS AND THEIR ENVIRONMENTAL AND HEALTH  BENEFITS.    EVERY
   18  HOSPITAL  SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST
   19  WHEN  MAKING  DETERMINATIONS  AS  TO  THE   PURCHASE   OF   COMMODITIES,
   20  CONSTRUCTION  ITEMS  OR  SERVICES FOR USE IN THE HOSPITAL, OR FOR USE IN
   21  THE CONSTRUCTION, RENOVATION, OR REPAIR OF HOSPITAL BUILDINGS.
   22    4. ON OR BEFORE JUNE FIRST, TWO THOUSAND FIFTEEN, THE OFFICE OF GENER-
   23  AL SERVICES AND THE DEPARTMENT SHALL JOINTLY ISSUE A REPORT PROVIDING AN
   24  ANALYSIS OF THE IMPACT OF SUCH  GUIDELINES  AND  SPECIFICATIONS  ON  THE
   25  PURCHASING AND PROCUREMENT PRACTICES OF HOSPITALS.
   26    S  2. Paragraph b of subdivision 3 of section 163 of the state finance
   27  law is amended by adding a new subparagraph (xii) to read as follows:
   28    (XII) MAINTAIN A LIST OF FIRMS WHICH PRODUCE OR MANUFACTURE  OR  OFFER
   29  FOR SALE ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN THE FORM,
   30  FUNCTION,  AND  UTILITY  GENERALLY  USED BY HOSPITALS IN ACCORDANCE WITH
   31  SPECIFICATIONS   OR   GUIDELINES   PROMULGATED   PURSUANT   TO   SECTION
   32  TWENTY-EIGHT HUNDRED FIVE-V OF THE PUBLIC HEALTH LAW.
   33    S 3. This act shall take effect on the one hundred eightieth day after
   34  it  shall  have  become a law; provided that the commissioners of health
   35  and general services are authorized to promulgate any and all rules  and
   36  regulations  and  take  any  other  measures  necessary to implement the
   37  provisions of this act on its effective date on or before such date; and
   38  provided, further, that the amendment to paragraph b of subdivision 3 of
   39  section 163 of the state finance law, made by section two of  this  act,
   40  shall not affect the repeal of such section and shall be deemed repealed
   41  therewith.