Bill Text: NY S08361 | 2023-2024 | General Assembly | Amended
Bill Title: Requires all state agencies and offices to cease purchasing single-use plastic water bottles; authorizes the commissioner of the office of general services to enter into contracts for the installation of water bottle filling stations in state buildings; provides for the purchase of single-use plastic water bottles under certain circumstances; requires each state agency to submit a report to the state procurement council and to the New York state climate action council containing a summary of the steps they have taken to comply with the directive.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-01-29 - PRINT NUMBER 8361A [S08361 Detail]
Download: New_York-2023-S08361-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8361--A IN SENATE January 22, 2024 ___________ Introduced by Sen. MAY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to requiring all state agencies and offices to cease purchasing single-use plastic water bottles and provides for the installation of water bottle fill- ing stations The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Legislative intent. 1. The legislature finds and declares 2 that: 3 (a) climate change is adversely affecting the people of New York and 4 poses a threat to public health, the well-being of our communities and 5 families, and our state's economy and infrastructure; 6 (b) the combustion of fossil fuels is a primary cause of greenhouse 7 gas emissions that cause climate change; 8 (c) the production of plastic bottles relies on fossil fuels, and most 9 plastic bottles are made from petroleum-based polyethylene terephthalate 10 in refineries that run on fossil fuels; 11 (d) plastic pollution has resulted in harm to communities in New York; 12 (e) by some estimates Americans throw away about 2.5 million plastic 13 bottles every hour; 14 (f) plastic pollution harms wildlife across New York, including in our 15 ocean ecosystems; and 16 (g) purchasing single-use plastic water bottles instead of utilizing 17 less harmful alternatives is inconsistent with the best interests of the 18 people of the state. 19 2. Therefore, the legislature determines it to be in the best interest 20 of the state to require all state departments, agencies and offices to 21 cease purchasing single-use plastic water bottles and to require that 22 installation of water bottle filling stations on premises occupied by 23 the department, agency or office. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13489-05-4S. 8361--A 2 1 § 2. The state finance law is amended by adding a new section 163-e to 2 read as follows: 3 § 163-e. Prohibition on the purchase of single-use plastic water 4 bottles. 1. (a) All state agencies and offices shall cease or reduce 5 their purchase of single-use plastic water bottles in accordance with 6 the provisions of this section. 7 (b) Nothing in this section shall be construed to prevent the purchase 8 of single-use plastic water bottles by a state agency or office under 9 the following circumstances: 10 (i) when no alternative is available or practicable; 11 (ii) when necessary to protect the health, safety, and welfare of 12 residents of the state; 13 (iii) when compliance with this section would conflict with contract 14 requirements or labor agreements in existence as of the effective date 15 of this section or agreements solicited before the effective date of 16 this section; or 17 (iv) to prepare for or respond to an emergency. 18 (c) In addition, each state agency and office shall provide for disa- 19 bility or accessibility related accommodations in its planning efforts. 20 2. (a) The commissioner of general services is hereby authorized to 21 enter into one or more contracts for the installation of water bottle 22 filling stations on premises occupied by all state agencies and offices, 23 including the Capitol Building and buildings of the Empire State Plaza. 24 Such filling stations may be installed at existing water fountains or 25 may be installed separately if no water fountain is available. 26 (b) (i) The office of general services shall establish guidelines 27 concerning the installation of water bottle filling stations as well as 28 the qualifications required for the installation of water bottle filling 29 stations by contractors and subcontractors pursuant to section one 30 hundred sixty-three of this article. Such guidelines shall implement a 31 certification process with minimum standards for contractors and subcon- 32 tractors to file with the contracting state agency or office upon 33 completion of a project. 34 (ii) Any state agency or office contract for the installation of water 35 bottle filling stations shall include provisions requiring contractors 36 and subcontractors doing work involving the installation of water bottle 37 filling stations to certify that all work completed meets the minimum 38 standards established under this section by the office of general 39 services regarding such installations. 40 (iii) Any certifications required by this section shall be kept 41 current for the duration of the contract. 42 3. No later than one year after the effective date of this section, 43 all state agencies and offices shall submit to the state procurement 44 council and to the New York state climate action council established 45 pursuant to section 75-0103 of the environmental conservation law, a 46 summary of: 47 (a) the steps they have taken to: 48 (i) halt the expenditures of state funds for the purchase of single- 49 use plastic water bottles; 50 (ii) reduce the sale or re-sale of single-use plastic water bottles on 51 state-owned property; and 52 (b) the number of water bottle filling stations installed on the prem- 53 ises of the state agency or office. 54 4. All New York quasi-public authorities and boards are encouraged to 55 adopt their own plans to eliminate their purchasing and sale of single- 56 use plastic water bottles.S. 8361--A 3 1 5. As used in this section, the following terms shall have the follow- 2 ing meanings: 3 (a) "Single-use plastic water bottle" means a beverage in a sealed 4 rigid plastic bottle having a capacity of twenty-one fluid ounces or 5 less. 6 (b) "State agencies and offices" means all state departments, boards, 7 commissions, offices or institutions under the executive, legislative 8 and judicial branches of the state. For the purposes of this section the 9 term "state agencies and offices" shall exclude the state university of 10 New York; the city university of New York; and any residential care 11 center for adults or residential treatment facility for children and 12 youth, as such terms are defined by section 1.03 of the mental hygiene 13 law, or any other program or facility certified by the office for people 14 with developmental disabilities. 15 § 3. This act shall take effect one year after it shall have become a 16 law and shall apply to the purchase of single-use plastic water bottles 17 on and after such effective date.
