Bill Text: NY A04562 | 2019-2020 | General Assembly | Introduced


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 5-0)

Status: (Introduced) 2019-02-04 - referred to health [A04562 Detail]

Download: New_York-2019-A04562-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4562
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 4, 2019
                                       ___________
        Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
          COOK, DINOWITZ, ORTIZ, PERRY -- read once and referred to the  Commit-
          tee 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-z to read as follows:
     3    § 2805-z. Procurement and use of environmentally sensitive commodities
     4  and  services.  1.  For the purposes of this section the following terms
     5  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 materials, 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.
                                                                   LBD09059-01-9

        A. 4562                             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  twenty-one,  the  office  of
    23  general services and the department shall jointly issue a report provid-
    24  ing  an  analysis of the impact of such guidelines and specifications on
    25  the purchasing and procurement practices of hospitals.
    26    § 2. Paragraph b of subdivision 3 of section 163 of the state  finance
    27  law is amended by adding a new subparagraph (xiii) to read as follows:
    28    (xiii)  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 twenty-
    32  eight hundred five-z of the public health law.
    33    § 3. This act shall take effect on the one hundred eightieth day after
    34  it shall have become a law; provided that the amendment to  paragraph  b
    35  of  subdivision  3  of  section  163  of  the state finance law, made by
    36  section two of this act, shall not affect the repeal of such section and
    37  shall be deemed repealed therewith.  Effective immediately the addition,
    38  amendment and/or repeal of any rule  or  regulation  necessary  for  the
    39  implementation  of  this  act on its effective date are authorized to be
    40  made and completed on or before such date.
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