Bill Text: NY A06366 | 2011-2012 | General Assembly | Amended
Bill Title: Enacts the "New York state healthy and green procurement act".
Spectrum: Strong Partisan Bill (Democrat 31-2)
Status: (Engrossed - Dead) 2012-06-12 - REFERRED TO RULES [A06366 Detail]
Download: New_York-2011-A06366-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
6366--A
2011-2012 Regular Sessions
I N A S S E M B L Y
March 15, 2011
___________
Introduced by M. of A. SWEENEY, DESTITO, GOTTFRIED, MILLMAN, DINOWITZ,
ENGLEBRIGHT, JAFFEE, LUPARDO, COLTON, CAHILL, ROSENTHAL, KAVANAGH,
SCHIMEL, GALEF, FARRELL, PAULIN, P. RIVERA, ABINANTI, BRONSON --
Multi-Sponsored by -- M. of A. BOYLAND, BRENNAN, CASTELLI, GLICK,
HOOPER, HOYT, JACOBS, LATIMER, PHEFFER, REILICH, WEINSTEIN, WEISEN-
BERG, WRIGHT -- read once and referred to the Committee on Govern-
mental Operations -- reported and referred to the Committee on Ways
and Means -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the state finance law, the economic development law and
the environmental conservation law, in relation to the state procure-
ment process and to healthy and green procurement
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 healthy and green procurement act".
3 S 2. Legislative findings and declaration. The legislature hereby
4 finds and declares that:
5 (a) As New York moves into the twenty-first century the state should
6 serve as a role model for practices that will create and maintain a
7 healthy environment and vibrant economy. The manufacture, use and
8 disposal of commodities and technologies, the construction of buildings
9 and the provision of services utilizing toxic chemicals may have adverse
10 impacts on public health and the environment. Persistent, bioaccumula-
11 tive toxic chemicals, such as mercury, lead, dioxin and poly brominated
12 diphenyl ethers, are toxic in small amounts, remain in the environment
13 for long periods of time, and build to dangerous levels in humans, fish
14 and other animals; and this group of pollutants known as persistent
15 bioaccumulative toxic chemicals (PBT) pose risks to public health and
16 the environment through their ability to cause cancer, birth defects and
17 endocrine disruption. Such chemicals have polluted hundreds of water
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD02915-05-1
A. 6366--A 2
1 bodies, fish and waterfowl in the state. These adverse impacts impose
2 costs on the state and, ultimately, society as a whole in the form of
3 injury, disease and death; health care expenses; disposal, liability and
4 cleanup costs; the waste of resources and raw materials; and an impaired
5 natural environment. PBT and cancer-causing chemicals may be found in a
6 wide range of consumer products purchased by state agencies and authori-
7 ties, including lighting supplies, computers and other office equipment,
8 vehicles, medical equipment, building supplies and printing inks.
9 Encouraging innovation, and creating and choosing the safest, most
10 sustainable commodities, services and technologies will help to ensure a
11 higher quality of life for present and future generations. It will put
12 New York businesses in an advantageous position to compete in the global
13 marketplace.
14 (b) New York looks forward to the time when the state's power is
15 generated from renewable and clean sources, when our homes, schools,
16 businesses and government facilities are energy efficient and
17 constructed, refurbished and maintained using healthy and green products
18 and practices, when pollution prevention is embraced by government and
19 businesses as a way to save money and protect public health and the
20 environment, when government and citizens use energy efficient and clean
21 vehicles, when pests are controlled with nontoxic or least toxic alter-
22 natives, when our production of waste is significantly reduced and the
23 rest is recycled, and when our homes, schools, workplaces, food, air and
24 water are free from toxic contaminants.
25 (c) Protecting public health and the environment is consistent with
26 the traditional considerations associated with state procurement prac-
27 tice, including lowest price, best value, quality, cost and efficiency.
28 Determining quality, value and efficiency should include the consider-
29 ation of public health and environmental impacts. Considering such
30 impacts early in the procurement process and adopting an ethic of
31 pollution prevention will not only reduce pollution and waste, it will
32 reduce costs throughout a commodity, service or technology's life cycle.
33 (d) Through the volume of government procurement, government can play
34 a significant role in spurring private sector development of high value
35 commodities and services. This, in turn, will create business and
36 employment opportunities in New York state, foster competition and
37 harness the energy of the market to produce products and services that
38 perform better and cost less. As supply increases, prices will decrease,
39 and high performance, healthy and green commodities, services and tech-
40 nologies will become more affordable for all consumers.
41 S 3. Subdivision 5 of section 160 of the state finance law, as added
42 by chapter 83 of the laws of 1995, is amended to read as follows:
43 5. "Costs" as used in this article shall be quantifiable and may
44 include, without limitation, the price of the given good or service
45 being purchased; the administrative, training, storage, maintenance or
46 other overhead associated with a given good or service; the value of
47 warranties, delivery schedules, financing costs and foregone opportunity
48 costs associated with a given good or service; and the life span and
49 associated life cycle costs of the given good or service being
50 purchased. Life cycle costs may include, but shall not be limited to,
51 costs or savings associated with RAW MATERIALS, PRODUCTION, MANUFACTUR-
52 ING, construction, PACKAGING, DISTRIBUTION, USE, energy use, mainte-
53 nance, operation, and salvage or disposal, AND, IF SUCH INFORMATION IS
54 READILY AVAILABLE, ANY INDIRECT ASSOCIATED PUBLIC HEALTH AND ENVIRON-
55 MENTAL COSTS.
A. 6366--A 3
1 S 4. Paragraph a of subdivision 1 of section 161 of the state finance
2 law, as amended by chapter 175 of the laws of 2010, is amended to read
3 as follows:
4 a. The state procurement council shall continuously strive to improve
5 the state's procurement process. Such council shall consist of [twenty]
6 TWENTY-FOUR members, including the commissioner, the state comptroller,
7 the director of the budget, the chief diversity officer [and], the
8 commissioner of economic development, THE COMMISSIONER OF HEALTH, AND
9 THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, or their respective
10 designees; [seven] FIVE members who shall be the heads of other large
11 and small state agencies chosen by the governor, or their respective
12 designees; and [eight] TWELVE at large members appointed as follows:
13 [three] FIVE appointed by the temporary president of the senate, one of
14 whom shall be a representative of local government [and], one of whom
15 shall be a representative of private business AND ONE OF WHOM SHALL BE A
16 REPRESENTATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS THE ENHANCE-
17 MENT OF PUBLIC HEALTH OR THE ENVIRONMENT; [three] FIVE appointed by the
18 speaker of the assembly, one of whom shall be a representative of local
19 government [and], one of whom shall be a representative of private busi-
20 ness AND ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION WHOSE
21 PRIME FUNCTION IS THE ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRONMENT;
22 one appointed by the minority leader of the senate; and, one appointed
23 by the minority leader of the assembly; and two non-voting observers
24 appointed as follows: one appointed by the temporary president of the
25 senate and one appointed by the speaker of the assembly. The non-voting
26 observers shall be provided, contemporaneously, all documentation and
27 materials distributed to members. The council shall be chaired by the
28 commissioner and shall meet at least quarterly.
29 S 5. The state finance law is amended by adding a new section 164-a to
30 read as follows:
31 S 164-A. HEALTHY AND GREEN PROCUREMENT. 1. HEALTHY AND GREEN PROCURE-
32 MENT POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO THE
33 EXTENT PRACTICABLE TO PURCHASE COMMODITIES, SERVICES AND TECHNOLOGIES
34 THAT MINIMIZE POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
35 RONMENT WHEN COMPARED WITH COMPETING COMMODITIES, SERVICES OR TECHNOLO-
36 GIES THAT SERVE THE SAME PURPOSE.
37 2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
38 SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
39 A. "POLLUTION PREVENTION" SHALL MEAN POLLUTION PREVENTION AS DEFINED
40 IN ARTICLE TWENTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
41 B. "PRIORITY TOXIC SUBSTANCES OF CONCERN" SHALL INCLUDE, BUT NOT BE
42 LIMITED TO, ANY SUBSTANCE LISTED AS KNOWN TO BE OR REASONABLY ANTIC-
43 IPATED, PURSUANT TO THE NATIONAL TOXICOLOGY PROGRAM REPORT ON CARCINO-
44 GENS, TO BE A HUMAN CARCINOGEN IN THE NATIONAL TOXICOLOGY PROGRAM'S
45 BIENNIAL REPORT ON CARCINOGENS SUBMITTED TO THE UNITED STATES CONGRESS
46 BY THE SECRETARY OF HEALTH AND HUMAN SERVICES; AND ANY SUBSTANCE IDENTI-
47 FIED AS A PERSISTENT AND/OR BIOACCUMULATIVE TOXIC SUBSTANCE ON LISTS
48 MAINTAINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, INCLUD-
49 ING THE NATIONAL PARTNERSHIP FOR ENVIRONMENTAL PRIORITIES; OR THE INTER-
50 NATIONAL JOINT COMMISSION CREATED PURSUANT TO THE GREAT LAKES WATER
51 QUALITY AGREEMENT OF 1978; AND PERFLUORINATED COMPOUNDS, DIOXIN, BROMI-
52 NATED FLAME RETARDANTS AND BISPHENOL A DUE TO THEIR TOXICITY IN
53 PRODUCTION, USE AND DISPOSAL.
54 3. MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT. CONSIST-
55 ENT WITH DETERMINATIONS OF NEED REQUIRED BY SUBDIVISION FIVE OF SECTION
56 ONE HUNDRED SIXTY-THREE OF THIS ARTICLE, ALL STATE AGENCIES AND AUTHORI-
A. 6366--A 4
1 TIES SHALL PROCURE COMMODITIES, SERVICES AND TECHNOLOGIES THAT MEET OR
2 EXCEED THE FOLLOWING MINIMUM SPECIFICATIONS:
3 A. RECYCLED CONTENT. ALL COPY PAPER AND OTHER PAPER SUPPLIES FOR WHICH
4 THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DEVELOPED RECYCLED
5 CONTENT RECOMMENDATIONS PURSUANT TO SECTION SIX THOUSAND TWO OF THE
6 FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED TO MEET
7 OR EXCEED THE AGENCY'S MINIMUM POST-CONSUMER MATERIAL CONTENT PERCENT-
8 AGES RECOMMENDED IN THE MOST RECENT RECOVERED MATERIALS ADVISORY NOTICE
9 ISSUED FOR SUCH COMMODITY IN THE FEDERAL REGISTER; PROVIDED, HOWEVER,
10 THAT XEROGRAPHIC PAPER SHALL CONTAIN NO LESS THAN THIRTY PERCENT
11 POST-CONSUMER RECYCLED CONTENT. ALL COPY AND JANITORIAL PAPER SHALL BE
12 PROCESSED CHOLRINE FREE TO THE EXTENT PRACTICABLE. ALL AGENCIES AND
13 AUTHORITIES SHALL PRINT PUBLICATIONS ON RECYCLED PAPER, AND MINIMUM
14 PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH PAPER EXCEED THE COST OF
15 OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT.
16 B. WASTE REDUCTION. AGENCIES AND AUTHORITIES SHALL SEEK TO REDUCE
17 WASTE IN PRODUCTS AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES
18 TO PROMOTE THE USE OF DOUBLE-SIDED COPYING AND PRINTING TO THE GREATEST
19 EXTENT PRACTICABLE. AGENCIES AND AUTHORITIES SHALL FAVOR DURABILITY,
20 REPAIRABILITY AND REUSE WHEN PURCHASING SUPPLIES. THE COMMISSIONER SHALL
21 ESTABLISH MINIMUM SPECIFICATIONS FOR WASTE REDUCTION WITHIN TWELVE
22 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION.
23 C. ENERGY EFFICIENCY. ALL COMMODITIES FOR WHICH THE FEDERAL ENERGY
24 MANAGEMENT PROGRAM OF THE UNITED STATES DEPARTMENT OF ENERGY HAS ISSUED
25 PRODUCT ENERGY EFFICIENCY RECOMMENDATIONS SHALL MEET OR EXCEED SUCH
26 RECOMMENDATIONS. AGENCIES AND AUTHORITIES SHALL SEEK TO ACHIEVE
27 REDUCTIONS IN ENERGY AND PETROLEUM CONSUMPTION; ADHERE TO ENERGY STAR
28 BUILDING CRITERIA; SEEK OUT OFFICE SPACE AND REAL ESTATE INVESTMENTS IN
29 BUILDINGS WITH ENERGY STAR RATING; AND FOLLOW THE PUBLIC SERVICE COMMIS-
30 SION'S RENEWABLE PORTFOLIO STANDARD TO INCREASE THE PURCHASE OF RENEWA-
31 BLE ENERGY SO THAT AT LEAST TWENTY-FIVE PERCENT OF THE OVERALL ANNUAL
32 ELECTRIC ENERGY REQUIREMENTS OF BUILDINGS OWNED, LEASED OR OPERATED BY
33 STATE AGENCIES AND AUTHORITIES WILL BE RENEWABLE ENERGY BY TWO THOUSAND
34 FIFTEEN.
35 D. GREEN BUILDINGS. ALL CAPITAL PROJECTS WITH AN ESTIMATED
36 CONSTRUCTION COST OF TWO MILLION DOLLARS OR MORE INVOLVING (1) THE
37 CONSTRUCTION OF A NEW BUILDING, (2) AN ADDITION TO AN EXISTING BUILDING,
38 OR (3) THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING BUILDING SHALL BE
39 DESIGNATED AND CONSTRUCTED TO COMPLY WITH BUILDING STANDARDS NOT LESS
40 STRINGENT THAN THE STANDARDS PRESCRIBED BY THE UNITED STATES GREEN
41 BUILDING COUNCIL LEADERSHIP IN ENERGY AND ENVIRONMENTAL DESIGN SILVER
42 RATING AND STANDARDS SET FORTH IN THE DEFINITION OF A "GREEN BASE BUILD-
43 ING" AS DEFINED IN SECTION NINETEEN OF THE TAX LAW, OR ANY PORTION THER-
44 EOF, ANY MODIFICATION OF OR AMENDMENTS THERETO, AND TO UTILIZE MATERIALS
45 WHICH DO NOT CONTAIN POLYVINYL CHLORIDE TO THE GREATEST EXTENT PRACTICA-
46 BLE. IN ADDITION, ALL STATE-OWNED AND OPERATED BUILDINGS OF FIFTY THOU-
47 SAND SQUARE FEET OR LARGER SHALL BE OPERATED TO MEET SUCH STANDARDS FOR
48 EXISTING BUILDINGS TO THE MAXIMUM EXTENT PRACTICABLE THAT IS COST EFFEC-
49 TIVE BY NOT LATER THAN TWO THOUSAND FOURTEEN.
50 4. SPECIFICATIONS TO INCORPORATE HEALTHY AND GREEN PROCUREMENT. A.
51 BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL STATE
52 AGENCIES AND AUTHORITIES, WHEN PROCURING COMMODITIES, SERVICES OR TECH-
53 NOLOGY PURSUANT TO SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE,
54 SHALL FOLLOW PRACTICES AND DEVELOP SOLICITATION SPECIFICATIONS THAT MEET
55 OR EXCEED THE MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT
56 ESTABLISHED IN SUBDIVISION THREE OF THIS SECTION. ALL SUCH CONTRACTS
A. 6366--A 5
1 SHALL INCLUDE A STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS
2 WERE MET.
3 B. IN THE EVENT THAT AN AGENCY OR AUTHORITY RECEIVES NO BIDS OR
4 PROPOSALS THAT MEET THE SPECIFICATIONS DEVELOPED PURSUANT TO PARAGRAPH A
5 OF THIS SUBDIVISION, SUCH AGENCY OR AUTHORITY MAY WITHDRAW THE REQUEST
6 FOR BIDS OR PROPOSALS AND BEGIN A NEW PROCUREMENT WITH NEW SPECIFICA-
7 TIONS WITHOUT SUCH SPECIFICATIONS AND AWARD A CONTRACT IN ACCORDANCE
8 WITH OTHER APPLICABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AGENCY OR
9 AUTHORITY SHALL DOCUMENT THE REASONS WHY SUCH PROCUREMENT DOES NOT MEET
10 THE MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT ESTABLISHED
11 IN THIS SUBDIVISION AND SUBMIT SUCH DOCUMENTATION TO THE COMMISSIONER
12 FOR INCLUSION IN THE ANNUAL REPORT REQUIRED PURSUANT TO THIS SECTION AND
13 TO THE OFFICE OF THE COMPTROLLER FOR INCLUSION IN THE PROCUREMENT
14 RECORD.
15 5. BALANCING HEALTHY AND GREEN PROCUREMENT WITH PRICE, LOWEST COST AND
16 BEST VALUE.
17 A. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING A STATE
18 AGENCY OR AUTHORITY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THAT
19 DOES NOT MEET THE FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AGENCY OR
20 AUTHORITY, OR AS REQUIRING A STATE AGENCY OR AUTHORITY TO PROCURE A
21 COMMODITY, SERVICE OR TECHNOLOGY THE COST OF WHICH EXCEEDS THE COST OF
22 AN ALTERNATIVE AVAILABLE COMMODITY OR SERVICE BY MORE THAN TEN PERCENT.
23 B. WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES AND AUTHORI-
24 TIES SHALL CONSIDER COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THIS
25 ARTICLE.
26 6. HEALTHY AND GREEN PROCUREMENT OFFICER, COORDINATORS.
27 A. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
28 SECTION, THE COMMISSIONER SHALL ASSIGN AN INDIVIDUAL WITHIN THE OFFICE
29 OF GENERAL SERVICES TO SERVE AS THE STATE HEALTHY AND GREEN PROCUREMENT
30 OFFICER. SUCH OFFICER SHALL ASSIST THE COMMISSIONER WITH CARRYING OUT
31 HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO:
32 (I) ASSISTING THE COMMISSIONER WITH THE DEVELOPMENT AND PROVISION OF
33 GUIDANCE FOR HEALTHY AND GREEN PROCUREMENT PURSUANT TO THIS SECTION;
34 (II) THE IDENTIFICATION OF AT LEAST THREE "PRIORITY CATEGORIES" OF
35 COMMODITIES, SERVICES AND/OR TECHNOLOGIES ANNUALLY PURSUANT TO THIS
36 SECTION;
37 (III) THE DEVELOPMENT OF CRITERIA FOR THE EVALUATION OF COMMODITIES,
38 SERVICES AND/OR TECHNOLOGIES WITHIN TARGETED CATEGORIES;
39 (IV) THE CREATION OF APPROVED HEALTHY AND GREEN SUPPLIES LISTS;
40 (V) THE EVALUATION OF CURRENT STATE AGENCY OR AUTHORITY PROCUREMENT
41 PRACTICES AND THE TRACKING OF PROGRESS IN IMPLEMENTING THE HEALTHY AND
42 GREEN PROCUREMENT POLICY, INCLUDING THE INTEGRATION OF ENVIRONMENTALLY
43 PREFERABLE PURCHASING AND HEALTHY AND GREEN SUPPLIES LISTS FOR ALL NEW
44 PURCHASING OF PRODUCTS, SERVICES AND TECHNOLOGIES IN TARGET CATEGORIES;
45 (VI) THE DEVELOPMENT OF THE ENVIRONMENTAL AUDIT PROGRAM;
46 (VII) CONSIDERATION OF ADDITIONAL PRIORITY TOXIC SUBSTANCES OF CONCERN
47 AS RECOMMENDED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE
48 DEPARTMENT OF HEALTH;
49 (VIII) THE DEVELOPMENT OF GUIDELINES FOR PUBLIC PARTICIPATION;
50 (IX) THE DESIGN AND IMPLEMENTATION OF TRAINING, OUTREACH AND EDUCATION
51 PROGRAMS;
52 (X) DEVELOP METRICS FOR MEASURING PROGRESS IN IMPLEMENTING THE HEALTHY
53 AND GREEN PROCUREMENT POLICY, CRITERIA AND MINIMUM SPECIFICATIONS,
54 INCLUDING THE IDENTIFICATION OF MILESTONES AND QUANTIFIABLE GOALS THAT
55 CAN BE USED TO MEASURE SUCH PROGRESS;
A. 6366--A 6
1 (XI) THE PREPARATION AND SUBMITTAL OF ANNUAL REPORTS AND THE PERFORM-
2 ANCE OF A COMPREHENSIVE FIVE YEAR REVIEW; AND
3 (XII) ADVISE THE GOVERNOR AND THE LEGISLATURE REGARDING THE IMPLEMEN-
4 TATION OF THE HEALTHY AND GREEN PROCUREMENT POLICY.
5 B. WITHIN ONE HUNDRED EIGHTY DAYS OF THE EFFECTIVE DATE OF THIS
6 SECTION, EACH STATE AGENCY OR AUTHORITY WITH ONE HUNDRED EMPLOYEES OR
7 MORE SHALL ASSIGN AN INDIVIDUAL WITHIN SUCH AGENCY OR AUTHORITY TO SERVE
8 AS THE AGENCY'S OR AUTHORITY'S SUSTAINABILITY AND GREEN PROCUREMENT
9 COORDINATOR. THE COORDINATOR SHALL BE GIVEN FULL MANAGEMENT AND SUPPORT
10 AND BE PROVIDED WITH THE NECESSARY RESOURCES TO ENABLE THE AGENCY OR
11 AUTHORITY TO COMPLY WITH THIS SECTION.
12 7. PRIORITY COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORIES. WITHIN
13 TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY THERE-
14 AFTER, THE COMMISSIONER, IN CONSULTATION WITH THE STATE PROCUREMENT
15 COUNCIL, SHALL IDENTIFY A MINIMUM OF THREE "PRIORITY CATEGORIES" OF
16 COMMODITIES, SERVICES AND/OR TECHNOLOGIES, WHICH FOR THE PURPOSES OF
17 THIS CHAPTER SHALL MEAN CATEGORIES OF COMMODITIES, SERVICES AND/OR TECH-
18 NOLOGIES PROCURED BY THE STATE WHICH MAY HAVE AN ADVERSE IMPACT ON
19 PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH HEALTHY AND GREEN COMMOD-
20 ITIES, SERVICES OR TECHNOLOGIES SHOULD BE IDENTIFIED AND SUBSTITUTED.
21 8. ENVIRONMENTALLY PREFERABLE PURCHASING CRITERIA FOR HEALTHY AND
22 GREEN PROCUREMENT. WITHIN TWELVE MONTHS OF THE IDENTIFICATION AND RECOM-
23 MENDATION OF AT LEAST THREE "PRIORITY CATEGORIES" PURSUANT TO SUBDIVI-
24 SION SEVEN OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION WITH THE
25 STATE PROCUREMENT COUNCIL SHALL DEVELOP ENVIRONMENTALLY PREFERABLE
26 PURCHASING CRITERIA FOR THE EVALUATION AND PROCUREMENT OF PRODUCTS,
27 SERVICES AND/OR TECHNOLOGIES WITHIN SUCH PRIORITY CATEGORIES. THE
28 FOLLOWING FACTORS SHALL BE CONSIDERED IN THE DEVELOPMENT OF SUCH CRITE-
29 RIA:
30 A. PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT AND THE CONSERVA-
31 TION OF NATURAL RESOURCES;
32 B. THE PROTECTION OF DRINKING WATER, GROUNDWATER, SURFACE WATER AND
33 AIR (INCLUDING INDOOR AIR); AND THE PROTECTION OF ECOLOGICAL SYSTEMS;
34 C. POLLUTION PREVENTION, INCLUDING, BUT NOT LIMITED TO, CONSIDERING
35 HEALTHY AND GREEN PROCUREMENT DURING THE DESIGN PHASE OF CUSTOMIZED
36 COMMODITIES, SERVICES OR TECHNOLOGIES;
37 D. AVOIDANCE OF PRIORITY TOXIC SUBSTANCES;
38 E. POSITIVE LIFE CYCLE ATTRIBUTES, INCLUDING BUT NOT LIMITED TO THE
39 MINIMIZATION OF POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
40 RONMENT ASSOCIATED WITH RAW MATERIALS ACQUISITION, PRODUCTION, MANUFAC-
41 TURING, PACKAGING, TRANSPORTATION, DISTRIBUTION, USE, OPERATION, MAINTE-
42 NANCE AND DISPOSAL;
43 F. MINIMIZING THE VOLUME AND TOXICITY OF PACKAGING; AND
44 G. MAXIMIZING THE USE OF RECYCLED CONTENT AND SUSTAINABILITY MANAGED
45 RENEWABLE RESOURCES.
46 9. HEALTHY AND GREEN SUPPLY LISTS.
47 A. FOR EACH PRIORITY COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY
48 IDENTIFIED AND RECOMMENDED PURSUANT TO SUBDIVISION SEVEN OF THIS
49 SECTION, THE COMMISSIONER, IN CONSULTATION WITH THE STATE PROCUREMENT
50 COUNCIL, SHALL APPROVE SPECIFIC COMMODITIES, SERVICES AND/OR TECHNOLO-
51 GIES AS CONSISTENT WITH THE HEALTHY AND GREEN PROCUREMENT POLICY, MINI-
52 MUM SPECIFICATIONS, AND ENVIRONMENTALLY PREFERABLE PURCHASING CRITERIA
53 ESTABLISHED IN SUBDIVISIONS ONE, THREE AND EIGHT OF THIS SECTION. SUCH
54 COMMODITY, SERVICE OR TECHNOLOGY SHALL THEN BE ADDED TO AN APPROVED
55 HEALTHY AND GREEN SUPPLY LIST FOR SUCH CATEGORY.
A. 6366--A 7
1 B. THE COMMISSIONER SHALL CREATE AN APPROVED HEALTHY AND GREEN SUPPLY
2 LIST PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCEDURE
3 ACT, FOR A PRIORITY COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY NO
4 LATER THAN TWELVE MONTHS FOLLOWING THE IDENTIFICATION AND RECOMMENDATION
5 OF SUCH CATEGORY PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND
6 SHALL REVIEW AND REVISE APPROVED LISTS ANNUALLY.
7 10. PROCUREMENT FROM HEALTHY AND GREEN SUPPLY LISTS. A. WHEN PROCUR-
8 ING A COMMODITY, SERVICE OR TECHNOLOGY WITHIN A PRIORITY CATEGORY FOR
9 WHICH AN APPROVED HEALTHY AND GREEN SUPPLY LIST HAS BEEN CREATED, STATE
10 AGENCIES AND AUTHORITIES SHALL PROCURE SUCH COMMODITY, SERVICE OR TECH-
11 NOLOGY FROM SUCH LIST.
12 B. WHEN A STATE AGENCY OR AUTHORITY WANTS TO PROCURE A COMMODITY,
13 SERVICE OR TECHNOLOGY WITHIN A PRIORITY CATEGORY FOR WHICH AN APPROVED
14 HEALTHY AND GREEN SUPPLY LIST HAS BEEN CREATED, BUT SUCH COMMODITY,
15 SERVICE OR TECHNOLOGY DOES NOT APPEAR ON SUCH LIST, SUCH AGENCY OR
16 AUTHORITY MUST OBTAIN A WAIVER FROM THE REQUIREMENTS OF THIS SUBDIVISION
17 FROM THE COMMISSIONER, PROVIDED, HOWEVER, THAT SUCH WAIVER SHALL NOT BE
18 REQUIRED FOR THE PURCHASE OF COMMODITIES, SERVICES AND/OR TECHNOLOGIES
19 FROM THE LIST AVAILABLE FOR PURCHASE FROM PREFERRED SOURCES MAINTAINED
20 BY THE COMMISSIONER PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THIS
21 ARTICLE. AN APPLICATION FOR SUCH A WAIVER SHALL BE FILED WITH THE
22 COMMISSIONER, WHO SHALL NOTIFY THE PUBLIC, PROVIDE FOR A PUBLIC COMMENT
23 PERIOD, AND RENDER A WRITTEN DECISION ON SUCH APPLICATION WITHIN FORTY-
24 FIVE DAYS. A WAIVER MAY BE GRANTED WHEN NO COMMODITY, SERVICE AND/OR
25 TECHNOLOGY ON SUCH APPROVED ALTERNATIVES LIST MEETS AN AGENCY'S OR
26 AUTHORITY'S PERFORMANCE STANDARDS. IN ORDER TO OBTAIN A WAIVER, THE
27 STATE AGENCY OR AUTHORITY REQUESTING THE WAIVER MUST SHOW THAT IT HAS:
28 (I) THOROUGHLY TESTED EACH COMMODITY OR TECHNOLOGY, OR THOROUGHLY
29 INVESTIGATED EACH SERVICE, ON THE APPROVED SUPPLY LIST AND NONE MEET THE
30 AGENCY'S OR AUTHORITY'S PERFORMANCE STANDARDS;
31 (II) DISCLOSED THE USE AND INTENSITY OF USE FOR THE COMMODITY, SERVICE
32 OR TECHNOLOGY AND DEVELOPED A REASONABLE PLAN TO MINIMIZE THE USE OF THE
33 SELECTED COMMODITY, SERVICE OR TECHNOLOGY AND PROTECT EMPLOYEES AND THE
34 PUBLIC FROM EXPOSURE TO ANY PRIORITY TOXIC SUBSTANCE OF CONCERN; AND
35 (III) PREPARED A PLAN TO INVESTIGATE ALTERNATIVES TO THE SELECTED
36 COMMODITY, SERVICE OR TECHNOLOGY DURING THE WAIVER PERIOD.
37 C. A STATE AGENCY OR AUTHORITY MAY PROCURE A COMMODITY, SERVICE OR
38 TECHNOLOGY THROUGH A PROCESS THAT DOES NOT COMPLY WITH THIS SUBDIVISION
39 WHEN THE PURCHASE OF A COMMODITY, SERVICE OR TECHNOLOGY IS NECESSARY TO
40 RESPOND TO AN EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR SAFETY,
41 PROVIDED SUCH AGENCY OR AUTHORITY SHALL WITHIN SEVEN BUSINESS DAYS FILE
42 A WRITTEN REPORT WITH THE COMMISSIONER AND THE OFFICE OF THE COMP-
43 TROLLER, WHICH SHALL BECOME PART OF THE PROCUREMENT RECORD. THE REPORT
44 SHALL CONTAIN THE FOLLOWING INFORMATION:
45 (I) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH THIS
46 SUBDIVISION;
47 (II) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE
48 SERVICE, ITS USE AND INTENSITY OF USE;
49 (III) A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC
50 HEALTH AND SAFETY DURING THE EMERGENCY; AND
51 (IV) AN EXPLANATION OF HOW SUCH AN EMERGENCY CAN BE AVOIDED IN THE
52 FUTURE.
53 11. TRACKING OF PROCUREMENT PRACTICES AND DATA. WITHIN TWELVE MONTHS
54 OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION
55 WITH THE STATE PROCUREMENT COUNCIL, SHALL:
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1 A. REVIEW ALL PROCUREMENT REGULATIONS, GENERIC SOLICITATION LANGUAGE,
2 SPECIFICATIONS AND PROCEDURES TO ENSURE THAT THEY DO NOT CONFLICT WITH
3 THE HEALTHY AND GREEN PROCUREMENT POLICY, MINIMUM SPECIFICATIONS AND
4 CRITERIA ESTABLISHED PURSUANT TO SUBDIVISIONS ONE, THREE AND EIGHT OF
5 THIS SECTION.
6 B. DEVELOP METRICS AND IDENTIFICATION OF MILESTONES AND QUANTIFIABLE
7 GOALS THAT CAN BE USED TO MEASURE PROGRESS IN IMPLEMENTING THE STATE'S
8 HEALTHY AND GREEN PROCUREMENT POLICY.
9 C. DEVELOP AN EFFICIENT AND PRACTICABLE METHOD FOR COLLECTING AND
10 COMPILING PROCUREMENT DATA FROM STATE AGENCIES, INCLUDING BUT NOT LIMIT-
11 ED TO ESTIMATES OF THE VOLUME SPENT, QUANTITY PURCHASED, AND GENERAL
12 PURCHASING TRENDS FOR COMMODITIES, SERVICES AND TECHNOLOGIES, INCLUDING
13 HEALTHY AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES INCLUDED IN AN
14 APPROVED SUPPLY LIST OR A CENTRALIZED CONTRACT.
15 12. TRAINING, OUTREACH AND EDUCATION. A. WITH THE ASSISTANCE OF THE
16 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH, AND
17 THE OFFICE OF THE COMPTROLLER, THE COMMISSIONER, WITHIN TWELVE MONTHS OF
18 THE EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTA-
19 TION OF A HEALTHY AND GREEN PROCUREMENT TRAINING PROGRAM FOR SENIOR
20 MANAGERS, STATE AGENCY STAFF AND PUBLIC AUTHORITY STAFF INVOLVED IN
21 PROCUREMENT TO FAMILIARIZE THEM WITH THEIR RESPONSIBILITIES UNDER THIS
22 SECTION AND ENSURE THE EFFECTIVE AND EFFICIENT IMPLEMENTATION OF THE
23 PROVISIONS OF THIS SECTION. SUCH PROGRAM SHALL PROVIDE FOR NEW EMPLOYEE
24 TRAINING AND ONGOING TRAINING.
25 B. WITH THE ASSISTANCE OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
26 AND THE DEPARTMENT OF HEALTH, THE COMMISSIONER, WITHIN EIGHTEEN MONTHS
27 OF THE EFFECTIVE DATE OF THIS SECTION, SHALL:
28 (I) DESIGN AND BEGIN IMPLEMENTATION OF A HEALTHY AND GREEN EDUCATION
29 AND OUTREACH PROGRAM FOR AGENCY AND AUTHORITY PROCUREMENT STAFF, TO
30 ENSURE THAT ALL PROCUREMENT STAFF ARE AWARE OF THE STATE'S PREFERENCE
31 FOR HEALTHY AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES.
32 (II) DESIGN AND BEGIN IMPLEMENTATION OF AN EDUCATION AND OUTREACH
33 PROGRAM FOR CONTRACTORS AND VENDORS TO PROVIDE THEM WITH INFORMATION
34 ABOUT THE DEVELOPMENT OF HEALTHY AND GREEN COMMODITIES, SERVICES AND
35 TECHNOLOGIES AND IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
36 13. ANNUAL REPORT TO THE GOVERNOR AND LEGISLATURE. WITHIN EIGHTEEN
37 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER IN
38 JUNE, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE GOVERNOR,
39 THE SPEAKER OF THE ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE SENATE.
40 SUCH REPORT SHALL INCLUDE:
41 A. IDENTIFICATION OF THE SPECIFIC MEASURES TAKEN BY STATE AGENCIES AND
42 AUTHORITIES, AND AN EVALUATION OF THE EFFECTIVENESS OF SUCH MEASURES, TO
43 IMPLEMENT THE HEALTHY AND GREEN PROCUREMENT POLICY, INCLUDING PROGRESS
44 MADE TOWARD THE ACHIEVEMENT OF ANY MILESTONES OR QUANTIFIABLE GOALS
45 IDENTIFIED BY THE COMMISSIONER PURSUANT TO SUBDIVISION ELEVEN OF THIS
46 SECTION AND, TO THE EXTENT PRACTICABLE, A QUALITATIVE ASSESSMENT OF THE
47 HEALTH AND ENVIRONMENTAL BENEFITS OF THE POLICY;
48 B. EVALUATION OF THE RESOURCES AVAILABLE TO IMPLEMENT SUCH POLICY, AND
49 WHETHER SUCH RESOURCES ARE SUFFICIENT;
50 C. RECOMMENDATIONS FOR LEGISLATION OR ANY OTHER SPECIFIC ACTIONS OR
51 CHANGES NEEDED TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS SECTION;
52 D. A LIST OF PRIORITY COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORIES
53 AND APPROVED HEALTHY AND GREEN SUPPLY LISTS IDENTIFIED AND CREATED
54 PURSUANT TO SUBDIVISIONS SEVEN AND NINE OF THIS SECTION;
55 E. A LIST OF HEALTHY AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES
56 AVAILABLE FOR PURCHASE THROUGH CENTRALIZED CONTRACTS;
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1 F. A COMPILATION OF PROCUREMENT DATA COLLECTED USING METHODS DEVELOPED
2 PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION;
3 G. ADDITIONS TO THE LIST OF PRIORITY TOXIC SUBSTANCES OF CONCERN MADE
4 BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE DEPARTMENT OF
5 HEALTH;
6 H. AN ANALYSIS OF THE MEASURES TAKEN TO TRAIN, EDUCATE AND ASSIST
7 STATE AGENCY AND PUBLIC AUTHORITY STAFF, VENDORS AND CONTRACTORS; AND
8 I. A PLAN FOR THE NEXT REPORTING PERIOD THAT IDENTIFIES SPECIFIC
9 GOALS, ACTIONS AND TIMELINES NECESSARY TO IMPLEMENT THE HEALTHY AND
10 GREEN PROCUREMENT POLICY.
11 S 6. Paragraphs b and h of subdivision 1 of section 261 of the econom-
12 ic development law, paragraph b as amended by chapter 471 of the laws of
13 1998, and paragraph h as amended by section 14 of part SS of chapter 59
14 of the laws of 2009, are amended and a new paragraph i is added to read
15 as follows:
16 b. "Eligible applicant" or "applicant" shall mean: a small to medium
17 size business or nonprofit organization which employs less than five
18 hundred workers or has gross annual sales of less than ten million
19 dollars; OR ANY ENTITY GRANTED PREFERRED SOURCE STATUS FOR THE PURPOSES
20 OF STATE PROCUREMENT PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
21 STATE FINANCE LAW.
22 h. "Eligible project" shall mean actions taken by or on behalf of [a
23 New York business] AN ELIGIBLE APPLICANT involving the acquisition,
24 construction, alteration, repair or improvement of a building, fixtures,
25 machinery or equipment; THE REDESIGN, MODIFICATION, UPGRADE OR REPLACE-
26 MENT OF PROCESSES, PROCEDURES, WORK PRACTICES OR TECHNOLOGY; THE REFOR-
27 MULATION OR REDESIGN OF PRODUCTS; OR IMPROVEMENTS IN HOUSEKEEPING, MAIN-
28 TENANCE, TRAINING OR INVENTORY CONTROL, provided that such project
29 results in:
30 (i) source reduction or material substitution, provided that the
31 substitution of one hazardous substance, product or nonproduct output
32 for another does not result in the creation of a new risk,
33 (ii) in-process recycling,
34 (iii) recycling or reuse of non-hazardous solid wastes,
35 (iv) increased energy efficiency,
36 (v) conservation of the use of water or other natural resources
37 improvements in process economics,
38 (vi) elimination of the purchase of materials, the production of which
39 for the use of said firm would result in more waste or resource consump-
40 tion, [or]
41 (vii) THE DEVELOPMENT, MANUFACTURE, PRODUCTION OR PROVISION OF HEALTHY
42 AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES AS DEFINED IN SECTION
43 ONE HUNDRED SIXTY-FOUR-A OF THE STATE FINANCE LAW, OR
44 (VIII) other practices or technologies that reduce the use of hazard-
45 ous materials or otherwise improve air or water quality.
46 The term "eligible project" shall also include actions taken by or on
47 behalf of a business to support costs of equipment, and/or the acquisi-
48 tion and/or rehabilitation of real property or structures located or to
49 be located in the state related to the collecting, sorting, and packag-
50 ing of empty beverage containers as such terms are defined in title ten
51 of article twenty-seven of the environmental conservation law. Such
52 actions shall be eligible for state assistance payments under the bever-
53 age container assistance program pursuant to section 27-1018 of the
54 environmental conservation law.
55 The term "eligible project" shall not include end of pipe pollution
56 control technologies or practices where such controls or practices are
A. 6366--A 10
1 designed primarily to achieve compliance with the environmental conser-
2 vation law or regulations promulgated pursuant thereto, or energy recov-
3 ery or incineration, or out-of-process recycling or reuse of hazardous
4 waste or hazardous substances.
5 I. "HEALTHY AND GREEN COMMODITY, SERVICE OR TECHNOLOGY" SHALL MEAN ANY
6 COMMODITY, SERVICE OR TECHNOLOGY CONSISTENT WITH THE HEALTHY AND GREEN
7 PROCUREMENT POLICY, CRITERIA AND MINIMUM SPECIFICATIONS ESTABLISHED IN
8 SUBDIVISIONS ONE, THREE AND FOUR OF SECTION ONE HUNDRED SIXTY-FOUR-A OF
9 THE STATE FINANCE LAW.
10 S 7. Paragraphs c, d, e, f, g, h, i, l and o of subdivision 4 of
11 section 261 of the economic development law, paragraphs c, d, e, f, g,
12 h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
13 as amended by chapter 180 of the laws of 2006, are amended to read as
14 follows:
15 c. maintain, provide and market a compilation of existing programs
16 providing incentives for new or expanded business enterprises which
17 could be utilized by the secondary materials processing industry OR
18 WHICH MANUFACTURE, PRODUCE OR PROVIDE HEALTHY AND GREEN COMMODITIES,
19 SERVICES OR TECHNOLOGIES;
20 d. promote the utilization of such incentives for new or expanded
21 business enterprises which process or utilize secondary materials OR
22 WHICH MANUFACTURE, PRODUCE OR PROVIDE HEALTHY AND GREEN COMMODITIES,
23 SERVICES OR TECHNOLOGIES to locate in New York state;
24 e. promote incentives for existing businesses to expand their utiliza-
25 tion of secondary materials [and], their adoption of waste prevention
26 technologies and practices AND THEIR DEVELOPMENT, MANUFACTURE,
27 PRODUCTION AND PROVISION OF HEALTHY AND GREEN COMMODITIES, SERVICES OR
28 TECHNOLOGIES;
29 f. identify special needs and problems facing the secondary materials
30 processing industry [and], THE implementation of waste prevention AND
31 THE DEVELOPMENT, MANUFACTURE, PRODUCTION AND PROVISION OF HEALTHY AND
32 GREEN COMMODITIES, SERVICES OR TECHNOLOGIES within New York state;
33 g. contact institutions, organizations and commercial enterprises that
34 are potential consumers of secondary materials and products manufactured
35 with secondary materials OR HEALTHY AND GREEN COMMODITIES, SERVICES OR
36 TECHNOLOGIES; urging their expanded consumption of [secondary] SUCH
37 materials [and], products, COMMODITIES, SERVICES AND TECHNOLOGIES and
38 establishing markets for such [secondary] materials [and], products,
39 COMMODITIES, SERVICES AND TECHNOLOGIES through the use of letters of
40 intent and such other techniques as the commissioner may deem appropri-
41 ate;
42 h. conduct market surveys of the potential consumers of secondary
43 materials and products manufactured with secondary materials AND OF
44 HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES;
45 i. conduct surveys to determine the potential supply of secondary
46 materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES in
47 the state;
48 l. provide information concerning local and regional markets for
49 secondary materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECH-
50 NOLOGIES;
51 o. provide other technical assistance to assist businesses in reducing
52 the amount of waste generated by their processes and productively use or
53 provide for the productive use [of others] of wastes which are gener-
54 ated;
A. 6366--A 11
1 S 8. Subdivision 5 of section 261 of the economic development law, as
2 amended by chapter 471 of the laws of 1998, is amended to read as
3 follows:
4 5. The department shall fund feasibility studies for testing of waste
5 prevention technologies or practices [or both] AND HEALTHY AND GREEN
6 COMMODITIES, SERVICES AND TECHNOLOGIES to reduce the amount of waste and
7 to promote energy and resource conservation by the adoption OR USE of
8 such technologies [or], practices, COMMODITIES AND SERVICES by small and
9 medium sized firms in New York state.
10 S 9. Subdivision 10 of section 261 of the economic development law, as
11 amended by chapter 471 of the laws of 1998, is amended to read as
12 follows:
13 10. Technical feasibility study. The department shall require the
14 applicant to submit a technical feasibility study which identifies and
15 analyzes in detail the waste prevention projects which the applicant
16 wishes to implement. All feasibility studies must include the cost of
17 implementation, a construction schedule and, a description of how the
18 project will minimize, reduce or eliminate the generation of wastes, use
19 or reuse wastes, increase energy efficiency or water conservation,
20 INCREASE THE MANUFACTURE, PRODUCTION, PROVISION OR USE OF HEALTHY AND
21 GREEN COMMODITIES, SERVICES OR TECHNOLOGIES, improve air or water quali-
22 ty and/or improve process economics.
23 S 10. Subdivision 14 of section 261 of the economic development law,
24 as amended by chapter 524 of the laws of 2005, is amended to read as
25 follows:
26 14. Reports. Beginning on January first, nineteen hundred eighty-nine,
27 the commissioner shall make an annual report to the governor and the
28 legislature which shall include, at a minimum, the status of the activ-
29 ities undertaken pursuant to paragraphs a, c, d, e, f, i, j and k of
30 subdivision four of this section, the status of any other activities
31 undertaken pursuant to this article, and recommendations for programs or
32 policies that will further the objectives of expanding the utilization
33 of secondary materials recovered for reuse INCREASING WASTE PREVENTION
34 AND SOURCE REDUCTION, AND INCREASING THE MANUFACTURE, PRODUCTION,
35 PROVISION AND USE OF HEALTHY AND GREEN COMMODITIES, SERVICES AND TECH-
36 NOLOGIES within the state. The provisions of this subdivision shall not
37 be deemed to require or authorize the disclosure of confidential infor-
38 mation or trade secrets. This report may be consolidated with the
39 report required by subdivision four of section two hundred sixty-three
40 of this article.
41 S 11. The opening paragraph of subdivision 1 of section 3-0311 of the
42 environmental conservation law, as amended by chapter 741 of the laws of
43 1991, is amended to read as follows:
44 Each state agency OR AUTHORITY as defined in subdivision five of this
45 section shall annually audit the environmental problems created by its
46 operations or the operations of contractors it has hired and over whom
47 it has exercised or is required to exercise direct oversight, acting in
48 fulfillment of their contracts. Such audit shall identify the extent to
49 which these operations are in violation of this chapter, or regulations
50 adopted thereunder. SUCH AUDIT ALSO SHALL EVALUATE THE ENVIRONMENTAL
51 PROBLEMS CREATED BY THE AGENCY'S OR AUTHORITY'S PROCUREMENT OF COMMOD-
52 ITIES, ITS ENERGY USE, WASTE PRODUCTION, WATER AND PAPER USE, AND THE
53 USE OF ANY TOXIC MATERIALS OF PRODUCTS REASONABLY ANTICIPATED TO BE
54 CARCINOGENS. Each such state agency OR AUTHORITY shall submit a report
55 to the department on or before April first of each year. The report
56 shall:
A. 6366--A 12
1 S 12. This act shall take effect on the one hundred eightieth day
2 after it shall have become a law and shall apply only to state procure-
3 ment contracts where the request for proposals or the request for bids
4 was issued after the effective date of this act; provided, however, that
5 effective immediately, the addition, amendment and/or repeal of any rule
6 or regulation necessary for the implementation of this act on its effec-
7 tive date are authorized and directed to be made and completed on or
8 before such effective date.
