senate Bill S2663A

Enacts the "New York state healthy and green procurement act"

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Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 28 / Jan / 2011
    • REFERRED TO FINANCE
  • 07 / Dec / 2011
    • AMEND AND RECOMMIT TO FINANCE
  • 07 / Dec / 2011
    • PRINT NUMBER 2663A
  • 04 / Jan / 2012
    • REFERRED TO FINANCE

Summary

Enacts the "New York state healthy and green procurement act".

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Bill Details

Versions:
S2663
S2663A
Legislative Cycle:
2011-2012
Current Committee:
Senate Finance
Law Section:
State Finance Law
Laws Affected:
Amd §§160 & 161, add §164-a, St Fin L; amd §261, Ec Dev L; amd §3-0311, En Con L
Versions Introduced in Previous Legislative Cycles:
2009-2010: A7038A
2007-2008: A7483A

Sponsor Memo

BILL NUMBER:S2663A

TITLE OF BILL:
An act
to amend the state finance law, the economic development law and the
environmental conservation law, in
relation to the state procurement process and to healthy and green
procurement

PURPOSE OR GENERAL IDEA OF BILL:
To establish a preference for the
purchase of commodities, services and technologies by the State of
New York that minimizes potential adverse impacts on public health
and the environment.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill states that
this act shall be known and may be cited as the "New York State
Healthy and Green Procurement Act".

Section two of the bill provides legislative findings and declarations.

Section three of the bill amends subdivision five of section 160 of
the state finance Law to clarify the life cycle costs provisions
within the definition of "costs", and considers the costs of
ownership and any indirect environmental or health costs, if
information is available.

Section four of the bill amends subdivision one of section 161 of
the State Finance Law to increase the membership of the State
Procurement Council.

Section five of the bill adds a new section, 164a, to establish that
to the extent practicable that purchases should be to minimize
adverse environmental impacts. This section also provides that the
Office of General Services develop guidelines for healthy and green
procurement.

This section does not require state agencies to purchase commodities
or services that do not meet the form, function and utility required
by the agency, or which would cost more than ten percent than an
alternative.

Section six of the bill amends the Economic Development Law to expand
an existing grant program for pollution prevention and secondary
materials marketing projects to include projects by small businesses,
nonprofit organizations and preferred sources (pursuant to S 162 of
the State Finance Law) to develop, manufacture or provide safe and
sustainable commodities, services or technologies.

Sections seven through nine of the bill amend section 261 of the
Economic Development Law to integrate Healthy and Green commodity
purchasing practices and technologies.


Section ten provides for an annual report to be made to the
Legislature and Governor regarding the status of green and healthy
considerations in the procurement process.

Section eleven amends 3-0311 of the Environmental Conservation Law to
require as part of the environmental audits that 'Healthy and Green
considerations be evaluated.

Section twelve of the bill provides for the effective date.

JUSTIFICATION:
As New York moves into the twenty-first century, it
should serve as a role model for practices that will create and
maintain a healthy environment and vibrant economy. The manufacture,
use and disposal of certain commodities and technologies, the
construction of buildings and other structures, and the provision of
services may have adverse impacts on public health and the
environment. These impacts imposes costs on the state and,
ultimately, society as a whole in the form of injury, disability and
death, healthcare expenses, disposal, liability and cleanup costs,
the waste of resources and raw materials, and an impaired natural
environment. Encouraging innovation and creating and choosing the
safest, most sustainable commodities, services and technologies will
help to ensure a higher quality of life for present and future
generations. It will also put New York businesses in an economically
advantageous position to compete in an increasingly global marketplace.

By avoiding the purchase of products and services with priority toxic
substances, the state can reduce the use and release of these
chemicals, prevent adverse ecological and health impacts, and protect
public health and the state's natural resources.

Including public health and environmental considerations in state
purchasing decisions can help New York attain these goals by
promoting and investing in commodities, services and technologies
that improve public health, conserve natural resources, and reward
environmentally conscious manufacturers. The Health and Green
Procurement Act is based on a precautionary approach to take
anticipatory action to prevent harm. Where credible evidence of a
threat or harm to human health or the environment exists, even when
the exact nature and full magnitude of a threat or harm is not yet
proven, lack of full scientific certainty about cause and effect
shall not be viewed as a sufficient reason to fail to consider a
potentially adverse impact when assessing a commodity, service or
technology. Protecting public health and the environment is a natural
extension of, and consistent with, the traditional considerations
associated with state procurement practice, including lowest price,
best value, quality, cost and efficiency. Now, determining quality,
value and efficiency shall include the consideration of public health
and environmental impacts. For instance, in considering natural
resource impacts, the state would consider energy and water use,
renewable resource consumption, recycled content, recyciability,
waste prevention waste prevention, remanufactured or bio-based
content, and the potential for longterm use through product
durability, reparability, and reuse. When comparing potential adverse
health and environmental impacts, the state would consider the
following factors if trade-offs must be made among such impacts:


the overriding importance of protecting human health and the
environment;
reversibility; and the degree of difference in performance. For
example, when assessing products with recycled content, preference
would be given to material that does not contain a priority toxic
substance.

Considering such impacts early in the procurement process and adopting
an ethic of pollution prevention will not only reduce pollution and
waste, it will save money through a commodity, service or technology's
life cycle. The state would consider positive attributes that are
commonly accepted toxic substances, less hazardous or less toxic, low
in respiratory toxins and irritants, low in greenhouse gas emissions
or packaging, high in recycled content, resource efficient and
reusable. A major benefit of safe and sustainable procurement is
increased efficiency and reduced overall cost to government,
taxpayers, and society as a whole.

PRIOR LEGISLATIVE HISTORY:
New Bill in Senate.

FISCAL IMPLICATIONS:
To Be Determined.

EFFECTIVE DATE:
This act shall take effect on the one
hundred
eightieth day after it shall have become a law and shall apply only
to state procurement contracts where the request for proposals or the
request for bids was issued after the effective date of this act;
provided, however, that effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized and
directed to be made and completed on or before such effective date.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 2663--A

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 28, 2011
                               ___________

Introduced  by  Sens.  GRISANTI, MARCELLINO, AVELLA, KLEIN -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- 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:

  Section  1.  This act shall be known and may be cited as the "New York
state healthy and green procurement act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds and declares that:
  (a)  As  New York moves into the twenty-first century the state should
serve as a role model for practices that  will  create  and  maintain  a
healthy  environment  and  vibrant  economy.  The  manufacture,  use and
disposal of commodities and technologies, the construction of  buildings
and the provision of services utilizing toxic chemicals may have adverse
impacts  on  public health and the environment. Persistent, bioaccumula-
tive toxic chemicals, such as mercury, lead, dioxin and poly  brominated
diphenyl  ethers,  are toxic in small amounts, remain in the environment
for long periods of time, and build to dangerous levels in humans,  fish
and  other  animals;  and  this  group of pollutants known as persistent
bioaccumulative toxic chemicals (PBT) pose risks to  public  health  and
the environment through their ability to cause cancer, birth defects and
endocrine  disruption.  Such  chemicals  have polluted hundreds of water
bodies, fish and waterfowl in the state. These  adverse  impacts  impose
costs  on  the  state and, ultimately, society as a whole in the form of
injury, disease and death; health care expenses; disposal, liability and
cleanup costs; the waste of resources and raw materials; and an impaired
natural environment.  PBT and cancer-causing chemicals may be found in a

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD02915-07-1

S. 2663--A                          2

wide range of consumer products purchased by state  agencies,  including
lighting  supplies,  computers  and  other  office  equipment, vehicles,
medical equipment, building  supplies  and  printing  inks.  Encouraging
innovation,  and  creating  and  choosing  the  safest, most sustainable
commodities, services and technologies will  help  to  ensure  a  higher
quality of life for present and future generations. It will put New York
businesses  in an advantageous position to compete in the global market-
place.
  (b) New York looks forward to the  time  when  the  state's  power  is
generated  from  renewable  and  clean sources, when our homes, schools,
businesses  and  government  facilities   are   energy   efficient   and
constructed, refurbished and maintained using healthy and green products
and  practices,  when pollution prevention is embraced by government and
businesses as a way to save money and  protect  public  health  and  the
environment, when government and citizens use energy efficient and clean
vehicles,  when pests are controlled with nontoxic or least toxic alter-
natives, when our production of waste is significantly reduced  and  the
rest is recycled, and when our homes, schools, workplaces, food, air and
water are free from toxic contaminants.
  (c)  Protecting  public  health and the environment is consistent with
the traditional considerations associated with state  procurement  prac-
tice,  including lowest price, best value, quality, cost and efficiency.
Determining quality, value and efficiency should include  the  consider-
ation  of  public  health  and  environmental  impacts. Considering such
impacts early in the  procurement  process  and  adopting  an  ethic  of
pollution  prevention  will not only reduce pollution and waste, it will
reduce costs throughout a commodity, service or technology's life cycle.
  (d) Through the volume of government procurement, government can  play
a  significant role in spurring private sector development of high value
commodities and services.  This,  in  turn,  will  create  business  and
employment  opportunities  in  New  York  state,  foster competition and
harness the energy of the market to produce products and  services  that
perform better and cost less. As supply increases, prices will decrease,
and  high performance, healthy and green commodities, services and tech-
nologies will become more affordable for all consumers.
  S 3. Subdivision 5 of section 160 of the state finance law,  as  added
by chapter 83 of the laws of 1995, is amended to read as follows:
  5.  "Costs"  as  used  in  this  article shall be quantifiable and may
include, without limitation, the price of  the  given  good  or  service
being  purchased;  the administrative, training, storage, maintenance or
other overhead associated with a given good or  service;  the  value  of
warranties, delivery schedules, financing costs and foregone opportunity
costs  associated  with  a  given good or service; and the life span and
associated  life  cycle  costs  of  the  given  good  or  service  being
purchased.  Life  cycle  costs may include, but shall not be limited to,
costs or savings associated with RAW MATERIALS, PRODUCTION,  MANUFACTUR-
ING,  construction,  PACKAGING,  DISTRIBUTION,  USE, energy use, mainte-
nance, operation, and salvage or disposal, AND, IF SUCH  INFORMATION  IS
READILY  AVAILABLE,  ANY  INDIRECT ASSOCIATED PUBLIC HEALTH AND ENVIRON-
MENTAL COSTS.
  S 4. Paragraph a of subdivision 1 of section 161 of the state  finance
law,  as added by chapter 175 of the laws of 2010, is amended to read as
follows:
  a. The state procurement council shall continuously strive to  improve
the state's procurement process.  Such council shall consist of [twenty]
TWENTY-FOUR  members, including the commissioner, the state comptroller,

S. 2663--A                          3

the director of the budget,  the  chief  diversity  officer  [and],  the
commissioner  of  economic  development, THE COMMISSIONER OF HEALTH, AND
THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION,  or  their  respective
designees;  [seven]  FIVE  members who shall be the heads of other large
and small state agencies chosen by the  governor,  or  their  respective
designees;  and  [eight]  TWELVE  at large members appointed as follows:
[three] FIVE appointed by the temporary president of the senate, one  of
whom  shall  be  a representative of local government [and], one of whom
shall be a representative of private business AND ONE OF WHOM SHALL BE A
REPRESENTATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS  THE  ENHANCE-
MENT  OF PUBLIC HEALTH OR THE ENVIRONMENT; [three] FIVE appointed by the
speaker of the assembly, one of whom shall be a representative of  local
government [and], one of whom shall be a representative of private busi-
ness  AND ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION WHOSE
PRIME FUNCTION IS THE ENHANCEMENT OF PUBLIC HEALTH OR  THE  ENVIRONMENT;
one  appointed  by the minority leader of the senate; and, one appointed
by the minority leader of the assembly;  and  two  non-voting  observers
appointed  as  follows:  one appointed by the temporary president of the
senate and one appointed by the speaker of the assembly. The  non-voting
observers  shall  be  provided, contemporaneously, all documentation and
materials distributed to members. The council shall be  chaired  by  the
commissioner and shall meet at least quarterly.
  S 5. The state finance law is amended by adding a new section 164-a to
read as follows:
  S 164-A. HEALTHY AND GREEN PROCUREMENT.  1. HEALTHY AND GREEN PROCURE-
MENT  POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO THE
EXTENT PRACTICABLE TO PURCHASE COMMODITIES,  SERVICES  AND  TECHNOLOGIES
THAT  MINIMIZE  POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
RONMENT WHEN COMPARED WITH COMPETING COMMODITIES, SERVICES OR  TECHNOLO-
GIES THAT SERVE THE SAME PURPOSE.
  2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A. "POLLUTION PREVENTION" SHALL MEAN POLLUTION PREVENTION  AS  DEFINED
IN ARTICLE TWENTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
  B.  "PRIORITY  TOXIC  SUBSTANCES OF CONCERN" SHALL INCLUDE, BUT NOT BE
LIMITED TO, ANY SUBSTANCE LISTED AS KNOWN TO  BE  OR  REASONABLY  ANTIC-
IPATED,  PURSUANT  TO THE NATIONAL TOXICOLOGY PROGRAM REPORT ON CARCINO-
GENS, TO BE A HUMAN CARCINOGEN  IN  THE  NATIONAL  TOXICOLOGY  PROGRAM'S
BIENNIAL  REPORT  ON CARCINOGENS SUBMITTED TO THE UNITED STATES CONGRESS
BY THE SECRETARY OF HEALTH AND HUMAN SERVICES; AND ANY SUBSTANCE IDENTI-
FIED AS A PERSISTENT AND/OR BIOACCUMULATIVE  TOXIC  SUBSTANCE  ON  LISTS
MAINTAINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, INCLUD-
ING THE NATIONAL PARTNERSHIP FOR ENVIRONMENTAL PRIORITIES; OR THE INTER-
NATIONAL  JOINT  COMMISSION  CREATED  PURSUANT  TO THE GREAT LAKES WATER
QUALITY AGREEMENT OF 1978; AND PERFLUORINATED COMPOUNDS, DIOXIN,  BROMI-
NATED  FLAME  RETARDANTS  AND  BISPHENOL  A  DUE  TO  THEIR  TOXICITY IN
PRODUCTION, USE AND DISPOSAL.
  3. MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT.  CONSIST-
ENT WITH DETERMINATIONS OF NEED REQUIRED BY SUBDIVISION FIVE OF  SECTION
ONE  HUNDRED  SIXTY-THREE  OF  THIS  ARTICLE,  ALL  STATE AGENCIES SHALL
PROCURE COMMODITIES, SERVICES AND TECHNOLOGIES THAT MEET OR  EXCEED  THE
FOLLOWING MINIMUM SPECIFICATIONS:
  A. RECYCLED CONTENT. ALL COPY PAPER AND OTHER PAPER SUPPLIES FOR WHICH
THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DEVELOPED RECYCLED
CONTENT  RECOMMENDATIONS  PURSUANT  TO  SECTION  SIX THOUSAND TWO OF THE
FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED TO MEET

S. 2663--A                          4

OR EXCEED THE AGENCY'S MINIMUM POST-CONSUMER MATERIAL  CONTENT  PERCENT-
AGES  RECOMMENDED IN THE MOST RECENT RECOVERED MATERIALS ADVISORY NOTICE
ISSUED FOR SUCH COMMODITY IN THE FEDERAL  REGISTER;  PROVIDED,  HOWEVER,
THAT  XEROGRAPHIC  PAPER  SHALL  CONTAIN  NO  LESS  THAN  THIRTY PERCENT
POST-CONSUMER RECYCLED CONTENT. THE COMMISSIONER SHALL ALSO MAKE  AVAIL-
ABLE TO ALL AGENCIES, ONE HUNDRED PERCENT POST-CONSUMER, PROCESSED CHLO-
RINE-FREE  COPY PAPER. ALL AGENCIES SHALL PRINT PUBLICATIONS ON RECYCLED
PAPER, AND MINIMUM PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH  PAPER
EXCEED THE COST OF OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT.
  B.  WASTE  REDUCTION.  AGENCIES SHALL SEEK TO REDUCE WASTE IN PRODUCTS
AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES TO PROMOTE THE  USE
OF DOUBLE-SIDED COPYING AND PRINTING TO THE GREATEST EXTENT PRACTICABLE.
AGENCIES SHALL FAVOR DURABILITY, REPAIRABILITY AND REUSE WHEN PURCHASING
SUPPLIES.  THE  COMMISSIONER  SHALL ESTABLISH MINIMUM SPECIFICATIONS FOR
WASTE REDUCTION WITHIN TWELVE MONTHS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  C.  ENERGY  EFFICIENCY.  ALL  COMMODITIES FOR WHICH THE FEDERAL ENERGY
MANAGEMENT PROGRAM OF THE UNITED STATES DEPARTMENT OF ENERGY HAS  ISSUED
PRODUCT  ENERGY  EFFICIENCY  RECOMMENDATIONS  SHALL  MEET OR EXCEED SUCH
RECOMMENDATIONS.  AGENCIES SHALL SEEK TO ACHIEVE  REDUCTIONS  IN  ENERGY
AND PETROLEUM CONSUMPTION; ADHERE TO ENERGY STAR BUILDING CRITERIA; SEEK
OUT  OFFICE  SPACE  AND REAL ESTATE INVESTMENTS IN BUILDINGS WITH ENERGY
STAR RATING; AND FOLLOW THE PUBLIC SERVICE COMMISSION'S RENEWABLE  PORT-
FOLIO  STANDARD  TO INCREASE THE PURCHASE OF RENEWABLE ENERGY SO THAT AT
LEAST TWENTY-FIVE PERCENT OF THE OVERALL ANNUAL ELECTRIC ENERGY REQUIRE-
MENTS OF BUILDINGS OWNED, LEASED OR OPERATED BY STATE AGENCIES  WILL  BE
RENEWABLE ENERGY BY TWO THOUSAND SIXTEEN.
  D.   GREEN   BUILDINGS.   ALL   CAPITAL  PROJECTS  WITH  AN  ESTIMATED
CONSTRUCTION COST OF TWO MILLION  DOLLARS  OR  MORE  INVOLVING  (1)  THE
CONSTRUCTION OF A NEW BUILDING, (2) AN ADDITION TO AN EXISTING BUILDING,
OR  (3)  THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING BUILDING SHALL BE
DESIGNATED AND CONSTRUCTED TO COMPLY WITH BUILDING  STANDARDS  NOT  LESS
STRINGENT  THAN  THE  STANDARDS  PRESCRIBED  BY  THE UNITED STATES GREEN
BUILDING COUNCIL LEADERSHIP IN ENERGY AND  ENVIRONMENTAL  DESIGN  SILVER
RATING AND STANDARDS SET FORTH IN THE DEFINITION OF A "GREEN BASE BUILD-
ING" AS DEFINED IN SECTION NINETEEN OF THE TAX LAW, OR ANY PORTION THER-
EOF, ANY MODIFICATION OF OR AMENDMENTS THERETO, AND TO UTILIZE MATERIALS
WHICH DO NOT CONTAIN POLYVINYL CHLORIDE TO THE GREATEST EXTENT PRACTICA-
BLE.  IN ADDITION, ALL STATE-OWNED AND OPERATED BUILDINGS OF FIFTY THOU-
SAND  SQUARE FEET OR LARGER SHALL BE OPERATED TO MEET SUCH STANDARDS FOR
EXISTING BUILDINGS TO THE MAXIMUM EXTENT PRACTICABLE THAT IS COST EFFEC-
TIVE BY NOT LATER THAN TWO THOUSAND FIFTEEN.
  4. SPECIFICATIONS TO INCORPORATE HEALTHY AND GREEN  PROCUREMENT.    A.
BEGINNING  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL STATE
AGENCIES, WHEN PROCURING COMMODITIES, SERVICES OR TECHNOLOGY PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE, SHALL FOLLOW  PRACTICES
AND  DEVELOP SOLICITATION SPECIFICATIONS THAT MEET OR EXCEED THE MINIMUM
SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT ESTABLISHED IN SUBDIVI-
SION THREE OF THIS SECTION. ALL SUCH CONTRACTS SHALL INCLUDE A STATEMENT
DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET.
  B. IN THE EVENT THAT AN AGENCY RECEIVES NO BIDS OR PROPOSALS THAT MEET
THE SPECIFICATIONS DEVELOPED PURSUANT TO PARAGRAPH A  OF  THIS  SUBDIVI-
SION,  SUCH  AGENCY  MAY  WITHDRAW THE REQUEST FOR BIDS OR PROPOSALS AND
BEGIN A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT SUCH  SPECIFICA-
TIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES;
PROVIDED,  HOWEVER  THAT SUCH AGENCY SHALL DOCUMENT THE REASONS WHY SUCH

S. 2663--A                          5

PROCUREMENT DOES NOT MEET THE MINIMUM  SPECIFICATIONS  FOR  HEALTHY  AND
GREEN  PROCUREMENT  ESTABLISHED  IN  THIS  SUBDIVISION  AND  SUBMIT SUCH
DOCUMENTATION TO THE COMMISSIONER FOR INCLUSION  IN  THE  ANNUAL  REPORT
REQUIRED  PURSUANT  TO THIS SECTION AND TO THE OFFICE OF THE COMPTROLLER
FOR INCLUSION IN THE PROCUREMENT RECORD.
  5. BALANCING HEALTHY AND GREEN PROCUREMENT WITH PRICE, LOWEST COST AND
BEST VALUE.
  A. NOTHING IN THIS SECTION SHALL BE CONSTRUED  AS  REQUIRING  A  STATE
AGENCY  TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THAT DOES NOT MEET
THE FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AGENCY, OR AS  REQUIRING
A STATE AGENCY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THE COST OF
WHICH  EXCEEDS THE COST OF AN ALTERNATIVE AVAILABLE COMMODITY OR SERVICE
BY MORE THAN TEN PERCENT.
  B. WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES SHALL CONSIDER
COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THIS ARTICLE.
  6. HEALTHY AND GREEN PROCUREMENT OFFICER,  COORDINATORS,  COORDINATING
COUNCIL.
  A.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL ASSIGN AN INDIVIDUAL WITHIN  THE  OFFICE
OF  GENERAL SERVICES TO SERVE AS THE STATE HEALTHY AND GREEN PROCUREMENT
OFFICER.  SUCH OFFICER SHALL ASSIST THE COMMISSIONER WITH  CARRYING  OUT
HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO:
  (I)  ASSISTING  THE COMMISSIONER WITH THE DEVELOPMENT AND PROVISION OF
GUIDANCE FOR HEALTHY AND GREEN PROCUREMENT PURSUANT TO THIS SECTION;
  (II) THE IDENTIFICATION OF  AT  LEAST  THREE  "TARGET  CATEGORIES"  OF
COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES  ANNUALLY  PURSUANT TO THIS
SECTION;
  (III) THE DEVELOPMENT OF CRITERIA FOR THE EVALUATION  OF  COMMODITIES,
SERVICES AND/OR TECHNOLOGIES WITHIN TARGETED CATEGORIES;
  (IV) THE CREATION OF APPROVED HEALTHY AND GREEN SUPPLIES LISTS;
  (V)  THE  EVALUATION OF CURRENT STATE AGENCY PROCUREMENT PRACTICES AND
THE TRACKING OF PROGRESS IN IMPLEMENTING THE HEALTHY AND GREEN  PROCURE-
MENT  POLICY,  INCLUDING  THE  INTEGRATION OF ENVIRONMENTALLY PREFERABLE
PURCHASING AND HEALTHY AND GREEN SUPPLIES LISTS FOR ALL  NEW  PURCHASING
OF PRODUCTS, SERVICES AND TECHNOLOGIES IN TARGET CATEGORIES;
  (VI) THE DEVELOPMENT OF THE ENVIRONMENTAL AUDIT PROGRAM;
  (VII) CONSIDERATION OF ADDITIONAL PRIORITY TOXIC SUBSTANCES OF CONCERN
AS  RECOMMENDED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE
DEPARTMENT OF HEALTH;
  (VIII) THE DEVELOPMENT OF GUIDELINES FOR PUBLIC PARTICIPATION;
  (IX) THE DESIGN AND IMPLEMENTATION OF TRAINING, OUTREACH AND EDUCATION
PROGRAMS;
  (X) DEVELOP METRICS FOR MEASURING PROGRESS IN IMPLEMENTING THE HEALTHY
AND GREEN  PROCUREMENT  POLICY,  CRITERIA  AND  MINIMUM  SPECIFICATIONS,
INCLUDING  THE  IDENTIFICATION OF MILESTONES AND QUANTIFIABLE GOALS THAT
CAN BE USED TO MEASURE SUCH PROGRESS;
  (XI) THE PREPARATION AND SUBMITTAL OF ANNUAL REPORTS AND THE  PERFORM-
ANCE OF A COMPREHENSIVE FIVE YEAR REVIEW; AND
  (XII)  ADVISE THE GOVERNOR AND THE LEGISLATURE REGARDING THE IMPLEMEN-
TATION OF THE HEALTHY AND GREEN PROCUREMENT POLICY.
  B. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  EACH  STATE  AGENCY  WITH  ONE HUNDRED EMPLOYEES OR MORE SHALL
ASSIGN AN INDIVIDUAL  WITHIN  SUCH  AGENCY  TO  SERVE  AS  THE  AGENCY'S
SUSTAINABLE PROCUREMENT COORDINATOR.
  7.  TARGET  COMMODITY,  SERVICE  AND/OR  TECHNOLOGY CATEGORIES. WITHIN
TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY  THERE-

S. 2663--A                          6

AFTER,  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE STATE PROCUREMENT
COUNCIL, SHALL IDENTIFY  A  MINIMUM  OF  THREE  "TARGET  CATEGORIES"  OF
COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES,  WHICH FOR THE PURPOSES OF
THIS CHAPTER SHALL MEAN CATEGORIES OF COMMODITIES, SERVICES AND/OR TECH-
NOLOGIES  PROCURED  BY  THE  STATE  WHICH  MAY HAVE AN ADVERSE IMPACT ON
PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH HEALTHY AND GREEN COMMOD-
ITIES, SERVICES OR TECHNOLOGIES SHOULD BE IDENTIFIED AND SUBSTITUTED.
  8. ENVIRONMENTALLY PREFERABLE  PURCHASING  CRITERIA  FOR  HEALTHY  AND
GREEN PROCUREMENT. WITHIN TWELVE MONTHS OF THE IDENTIFICATION AND RECOM-
MENDATION  OF AT LEAST THREE "TARGET CATEGORIES" PURSUANT TO SUBDIVISION
SEVEN OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION WITH THE  STATE
PROCUREMENT  COUNCIL SHALL DEVELOP ENVIRONMENTALLY PREFERABLE PURCHASING
CRITERIA FOR THE EVALUATION AND PROCUREMENT OF PRODUCTS, SERVICES AND/OR
TECHNOLOGIES WITHIN SUCH  TARGETED  CATEGORIES.  THE  FOLLOWING  FACTORS
SHALL BE CONSIDERED IN THE DEVELOPMENT OF SUCH CRITERIA:
  A.  PROTECTION  OF PUBLIC HEALTH AND THE ENVIRONMENT AND THE CONSERVA-
TION OF NATURAL RESOURCES;
  B. THE PROTECTION OF DRINKING WATER, GROUNDWATER,  SURFACE  WATER  AND
AIR (INCLUDING INDOOR AIR); AND THE PROTECTION OF ECOLOGICAL SYSTEMS;
  C.  POLLUTION  PREVENTION,  INCLUDING, BUT NOT LIMITED TO, CONSIDERING
HEALTHY AND GREEN PROCUREMENT DURING  THE  DESIGN  PHASE  OF  CUSTOMIZED
COMMODITIES, SERVICES OR TECHNOLOGIES;
  D. AVOIDANCE OF PRIORITY TOXIC SUBSTANCES; AND
  E.  POSITIVE  LIFE  CYCLE ATTRIBUTES, INCLUDING BUT NOT LIMITED TO THE
MINIMIZATION OF POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
RONMENT ASSOCIATED WITH RAW MATERIALS ACQUISITION, PRODUCTION,  MANUFAC-
TURING, PACKAGING, TRANSPORTATION, DISTRIBUTION, USE, OPERATION, MAINTE-
NANCE AND DISPOSAL.
  9. HEALTHY AND GREEN SUPPLY LISTS.
  A. FOR EACH TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY IDEN-
TIFIED  AND  RECOMMENDED  PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION,
THE COMMISSIONER, IN CONSULTATION WITH THE  STATE  PROCUREMENT  COUNCIL,
SHALL  APPROVE  SPECIFIC  COMMODITIES,  SERVICES  AND/OR TECHNOLOGIES AS
CONSISTENT WITH THE HEALTHY AND GREEN PROCUREMENT POLICY, MINIMUM  SPEC-
IFICATIONS,  AND  ENVIRONMENTALLY  PREFERABLE PURCHASING CRITERIA ESTAB-
LISHED IN SUBDIVISIONS ONE,  THREE  AND  EIGHT  OF  THIS  SECTION.  SUCH
COMMODITY,  SERVICE  OR  TECHNOLOGY  SHALL  THEN BE ADDED TO AN APPROVED
HEALTHY AND GREEN SUPPLY LIST FOR SUCH CATEGORY.
  B. THE COMMISSIONER SHALL CREATE AN APPROVED HEALTHY AND GREEN  SUPPLY
LIST  PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINISTRATIVE PROCEDURE
ACT, FOR A TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY NO LATER
THAN TWELVE MONTHS FOLLOWING THE IDENTIFICATION  AND  RECOMMENDATION  OF
SUCH  CATEGORY  PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION, AND SHALL
REVIEW AND REVISE APPROVED LISTS ANNUALLY.
  10. PROCUREMENT FROM HEALTHY AND GREEN SUPPLY LISTS.  A. WHEN  PROCUR-
ING  A  COMMODITY,  SERVICE OR TECHNOLOGY WITHIN A TARGETED CATEGORY FOR
WHICH AN APPROVED HEALTHY AND GREEN SUPPLY LIST HAS BEEN CREATED,  STATE
AGENCIES  SHALL  PROCURE SUCH COMMODITY, SERVICE OR TECHNOLOGY FROM SUCH
LIST.
  B. WHEN A STATE AGENCY WANTS TO PROCURE A COMMODITY, SERVICE OR  TECH-
NOLOGY  WITHIN  A  TARGETED  CATEGORY  FOR WHICH AN APPROVED HEALTHY AND
GREEN SUPPLY LIST HAS BEEN CREATED, BUT SUCH COMMODITY, SERVICE OR TECH-
NOLOGY DOES NOT APPEAR ON SUCH LIST, SUCH AGENCY MUST  OBTAIN  A  WAIVER
FROM  THE  REQUIREMENTS  OF  THIS  SUBDIVISION  FROM  THE  COMMISSIONER,
PROVIDED, HOWEVER, THAT SUCH  WAIVER  SHALL  NOT  BE  REQUIRED  FOR  THE
PURCHASE  OF  COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES FROM THE LIST

S. 2663--A                          7

AVAILABLE FOR PURCHASE FROM PREFERRED SOURCES MAINTAINED BY THE  COMMIS-
SIONER  PURSUANT  TO  SECTION  ONE HUNDRED SIXTY-TWO OF THIS ARTICLE. AN
APPLICATION FOR SUCH A WAIVER SHALL BE FILED WITH THE COMMISSIONER,  WHO
SHALL NOTIFY THE PUBLIC, PROVIDE FOR A PUBLIC COMMENT PERIOD, AND RENDER
A  WRITTEN DECISION ON SUCH APPLICATION WITHIN FORTY-FIVE DAYS. A WAIVER
MAY BE GRANTED WHEN NO COMMODITY,  SERVICE  AND/OR  TECHNOLOGY  ON  SUCH
APPROVED  ALTERNATIVES  LIST MEETS AN AGENCY'S PERFORMANCE STANDARDS. IN
ORDER TO OBTAIN A WAIVER, THE STATE AGENCY REQUESTING  THE  WAIVER  MUST
SHOW THAT IT HAS:
  (I)  THOROUGHLY  TESTED  EACH  COMMODITY  OR TECHNOLOGY, OR THOROUGHLY
INVESTIGATED EACH SERVICE, ON THE APPROVED SUPPLY LIST AND NONE MEET THE
AGENCY'S PERFORMANCE STANDARDS;
  (II) DISCLOSED THE USE AND INTENSITY OF USE FOR THE COMMODITY, SERVICE
OR TECHNOLOGY AND DEVELOPED A REASONABLE PLAN TO MINIMIZE THE USE OF THE
SELECTED COMMODITY, SERVICE OR TECHNOLOGY AND PROTECT EMPLOYEES AND  THE
PUBLIC FROM EXPOSURE TO ANY PRIORITY TOXIC SUBSTANCE OF CONCERN; AND
  (III)  PREPARED  A  PLAN  TO  INVESTIGATE ALTERNATIVES TO THE SELECTED
COMMODITY, SERVICE OR TECHNOLOGY DURING THE WAIVER PERIOD.
  C. A STATE AGENCY MAY  PROCURE  A  COMMODITY,  SERVICE  OR  TECHNOLOGY
THROUGH  A  PROCESS  THAT DOES NOT COMPLY WITH THIS SUBDIVISION WHEN THE
PURCHASE OF A COMMODITY, SERVICE OR TECHNOLOGY IS NECESSARY  TO  RESPOND
TO  AN  EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR SAFETY, PROVIDED SUCH
AGENCY SHALL WITHIN SEVEN BUSINESS DAYS FILE A WRITTEN REPORT  WITH  THE
COMMISSIONER  AND THE OFFICE OF THE COMPTROLLER, WHICH SHALL BECOME PART
OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
MATION:
  (I) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH THIS
SUBDIVISION;
  (II) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF  THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (III)  A  DESCRIPTION  OF  THE  STEPS  BEING TAKEN TO SAFEGUARD PUBLIC
HEALTH AND SAFETY DURING THE EMERGENCY; AND
  (IV) AN EXPLANATION OF HOW SUCH AN EMERGENCY CAN  BE  AVOIDED  IN  THE
FUTURE.
  11.  TRACKING OF PROCUREMENT PRACTICES AND DATA.  WITHIN TWELVE MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION
WITH THE STATE PROCUREMENT COUNCIL, SHALL:
  A. REVIEW ALL PROCUREMENT REGULATIONS, GENERIC SOLICITATION  LANGUAGE,
SPECIFICATIONS  AND  PROCEDURES TO ENSURE THAT THEY DO NOT CONFLICT WITH
THE HEALTHY AND GREEN PROCUREMENT  POLICY,  MINIMUM  SPECIFICATIONS  AND
CRITERIA  ESTABLISHED  PURSUANT  TO SUBDIVISIONS ONE, THREE AND EIGHT OF
THIS SECTION.
  B. DEVELOP METRICS AND IDENTIFICATION OF MILESTONES  AND  QUANTIFIABLE
GOALS  THAT  CAN BE USED TO MEASURE PROGRESS IN IMPLEMENTING THE STATE'S
HEALTHY AND GREEN PROCUREMENT POLICY.
  C. DEVELOP AN EFFICIENT AND  PRACTICABLE  METHOD  FOR  COLLECTING  AND
COMPILING PROCUREMENT DATA FROM STATE AGENCIES, INCLUDING BUT NOT LIMIT-
ED  TO  ESTIMATES  OF  THE VOLUME SPENT, QUANTITY PURCHASED, AND GENERAL
PURCHASING TRENDS FOR COMMODITIES, SERVICES AND TECHNOLOGIES,  INCLUDING
HEALTHY  AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES INCLUDED IN AN
APPROVED SUPPLY LIST OR A CENTRALIZED CONTRACT.
  12. TRAINING, OUTREACH AND EDUCATION.  A. WITH THE ASSISTANCE  OF  THE
DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH, AND
THE OFFICE OF THE COMPTROLLER, THE COMMISSIONER, WITHIN TWELVE MONTHS OF
THE EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND  BEGIN  IMPLEMENTA-
TION  OF  A  HEALTHY  AND  GREEN PROCUREMENT TRAINING PROGRAM FOR SENIOR

S. 2663--A                          8

MANAGERS AND STATE AGENCY STAFF INVOLVED IN PROCUREMENT  TO  FAMILIARIZE
THEM  WITH  THEIR  RESPONSIBILITIES  UNDER  THIS  SECTION AND ENSURE THE
EFFECTIVE  AND  EFFICIENT  IMPLEMENTATION  OF  THE  PROVISIONS  OF  THIS
SECTION.  SUCH PROGRAM SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGO-
ING TRAINING.
  B. WITH THE ASSISTANCE OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
AND THE DEPARTMENT OF HEALTH, THE COMMISSIONER, WITHIN  EIGHTEEN  MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, SHALL:
  (I)  DESIGN  AND BEGIN IMPLEMENTATION OF A HEALTHY AND GREEN EDUCATION
AND OUTREACH PROGRAM FOR AGENCY PROCUREMENT STAFF, TO  ENSURE  THAT  ALL
PROCUREMENT  STAFF  ARE  AWARE OF THE STATE'S PREFERENCE FOR HEALTHY AND
GREEN COMMODITIES, SERVICES AND TECHNOLOGIES.
  (II) DESIGN AND BEGIN IMPLEMENTATION  OF  AN  EDUCATION  AND  OUTREACH
PROGRAM  FOR  CONTRACTORS  AND  VENDORS TO PROVIDE THEM WITH INFORMATION
ABOUT THE DEVELOPMENT OF HEALTHY AND  GREEN  COMMODITIES,  SERVICES  AND
TECHNOLOGIES AND IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  13.  ANNUAL  REPORT  TO  THE GOVERNOR AND LEGISLATURE. WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER IN
NOVEMBER, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO  THE  GOVER-
NOR,  THE  SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE. SUCH REPORT SHALL INCLUDE:
  A. IDENTIFICATION OF THE SPECIFIC MEASURES TAKEN  BY  STATE  AGENCIES,
AND  AN  EVALUATION  OF THE EFFECTIVENESS OF SUCH MEASURES, TO IMPLEMENT
THE HEALTHY AND GREEN PROCUREMENT POLICY, INCLUDING PROGRESS MADE TOWARD
THE ACHIEVEMENT OF ANY MILESTONES OR QUANTIFIABLE  GOALS  IDENTIFIED  BY
THE  COMMISSIONER PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND, TO
THE EXTENT PRACTICABLE, A QUALITATIVE ASSESSMENT OF THE HEALTH AND ENVI-
RONMENTAL BENEFITS OF THE POLICY;
  B. EVALUATION OF THE RESOURCES AVAILABLE TO IMPLEMENT SUCH POLICY, AND
WHETHER SUCH RESOURCES ARE SUFFICIENT;
  C. RECOMMENDATIONS FOR LEGISLATION OR ANY OTHER  SPECIFIC  ACTIONS  OR
CHANGES NEEDED TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS SECTION;
  D.  A  LIST  OF TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORIES
AND APPROVED HEALTHY AND  GREEN  SUPPLY  LISTS  IDENTIFIED  AND  CREATED
PURSUANT TO SUBDIVISIONS SEVEN AND NINE OF THIS SECTION;
  E.  A LIST OF HEALTHY AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES
AVAILABLE FOR PURCHASE THROUGH CENTRALIZED CONTRACTS;
  F. A COMPILATION OF PROCUREMENT DATA COLLECTED USING METHODS DEVELOPED
PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION;
  G. ADDITIONS TO THE LIST OF PRIORITY TOXIC SUBSTANCES OF CONCERN  MADE
BY  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION AND THE DEPARTMENT OF
HEALTH;
  H. AN ANALYSIS OF THE MEASURES TAKEN  TO  TRAIN,  EDUCATE  AND  ASSIST
STATE AGENCY STAFF, VENDORS AND CONTRACTORS; AND
  I.  A  PLAN  FOR  THE  NEXT  REPORTING PERIOD THAT IDENTIFIES SPECIFIC
GOALS, ACTIONS AND TIMELINES NECESSARY  TO  IMPLEMENT  THE  HEALTHY  AND
GREEN PROCUREMENT POLICY.
  S 6. Paragraphs b and h of subdivision 1 of section 261 of the econom-
ic development law, paragraph b as amended by chapter 471 of the laws of
1998,  and paragraph h as amended by section 14 of part SS of chapter 59
of the laws of 2009, are amended and a new paragraph i is added to  read
as follows:
  b. "Eligible  applicant"  or "applicant" shall mean: a small to medium
size business or nonprofit organization which  employs  less  than  five
hundred  workers  or  has  gross  annual  sales of less than ten million
dollars; OR ANY ENTITY GRANTED PREFERRED SOURCE STATUS FOR THE  PURPOSES

S. 2663--A                          9

OF  STATE  PROCUREMENT  PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
STATE FINANCE LAW.
  h.  "Eligible  project" shall mean actions taken by or on behalf of [a
New York business] AN  ELIGIBLE  APPLICANT  involving  the  acquisition,
construction, alteration, repair or improvement of a building, fixtures,
machinery  or equipment; THE REDESIGN, MODIFICATION, UPGRADE OR REPLACE-
MENT OF PROCESSES, PROCEDURES, WORK PRACTICES OR TECHNOLOGY; THE  REFOR-
MULATION OR REDESIGN OF PRODUCTS; OR IMPROVEMENTS IN HOUSEKEEPING, MAIN-
TENANCE,  TRAINING  OR  INVENTORY  CONTROL,  provided  that such project
results in:
  (i) source reduction  or  material  substitution,  provided  that  the
substitution  of  one  hazardous substance, product or nonproduct output
for another does not result in the creation of a new risk,
  (ii) in-process recycling,
  (iii) recycling or reuse of non-hazardous solid wastes,
  (iv) increased energy efficiency,
  (v) conservation of the  use  of  water  or  other  natural  resources
improvements in process economics,
  (vi) elimination of the purchase of materials, the production of which
for the use of said firm would result in more waste or resource consump-
tion, [or]
  (vii) THE DEVELOPMENT, MANUFACTURE, PRODUCTION OR PROVISION OF HEALTHY
AND  GREEN  COMMODITIES,  SERVICES OR TECHNOLOGIES AS DEFINED IN SECTION
ONE HUNDRED SIXTY-FOUR-A OF THE STATE FINANCE LAW, OR
  (VIII) other practices or technologies that reduce the use of  hazard-
ous materials or otherwise improve air or water quality.
  The  term "eligible project" shall also include actions taken by or on
behalf of a business to support costs of equipment, and/or the  acquisi-
tion  and/or rehabilitation of real property or structures located or to
be located in the state related to the collecting, sorting, and  packag-
ing  of empty beverage containers as such terms are defined in title ten
of article twenty-seven of the environmental  conservation  law.    Such
actions shall be eligible for state assistance payments under the bever-
age  container  assistance  program  pursuant  to section 27-1018 of the
environmental conservation law.
  The term "eligible project" shall not include end  of  pipe  pollution
control  technologies  or practices where such controls or practices are
designed primarily to achieve compliance with the environmental  conser-
vation law or regulations promulgated pursuant thereto, or energy recov-
ery  or  incineration, or out-of-process recycling or reuse of hazardous
waste or hazardous substances.
  I. "HEALTHY AND GREEN COMMODITY, SERVICE OR TECHNOLOGY" SHALL MEAN ANY
COMMODITY, SERVICE OR TECHNOLOGY CONSISTENT WITH THE HEALTHY  AND  GREEN
PROCUREMENT  POLICY,  CRITERIA AND MINIMUM SPECIFICATIONS ESTABLISHED IN
SUBDIVISIONS ONE, THREE AND FOUR OF SECTION ONE HUNDRED SIXTY-FOUR-A  OF
THE STATE FINANCE LAW.
  S  7.  Paragraphs  c,  d,  e,  f, g, h, i, l and o of subdivision 4 of
section 261 of the economic development law, paragraphs c, d, e,  f,  g,
h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
as  amended  by  chapter 180 of the laws of 2006, are amended to read as
follows:
  c. maintain, provide and market a  compilation  of  existing  programs
providing  incentives  for  new  or  expanded business enterprises which
could be utilized by the  secondary  materials  processing  industry  OR
WHICH  MANUFACTURE,  PRODUCE  OR  PROVIDE HEALTHY AND GREEN COMMODITIES,
SERVICES OR TECHNOLOGIES;

S. 2663--A                         10

  d. promote the utilization of such  incentives  for  new  or  expanded
business  enterprises  which  process  or utilize secondary materials OR
WHICH MANUFACTURE, PRODUCE OR PROVIDE  HEALTHY  AND  GREEN  COMMODITIES,
SERVICES OR TECHNOLOGIES to locate in New York state;
  e. promote incentives for existing businesses to expand their utiliza-
tion  of  secondary  materials [and], their adoption of waste prevention
technologies  and  practices   AND   THEIR   DEVELOPMENT,   MANUFACTURE,
PRODUCTION  AND  PROVISION OF HEALTHY AND GREEN COMMODITIES, SERVICES OR
TECHNOLOGIES;
  f. identify special needs and problems facing the secondary  materials
processing  industry  [and],  THE implementation of waste prevention AND
THE DEVELOPMENT, MANUFACTURE, PRODUCTION AND PROVISION  OF  HEALTHY  AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES within New York state;
  g. contact institutions, organizations and commercial enterprises that
are potential consumers of secondary materials and products manufactured
with  secondary  materials OR HEALTHY AND GREEN COMMODITIES, SERVICES OR
TECHNOLOGIES; urging their  expanded  consumption  of  [secondary]  SUCH
materials  [and],  products,  COMMODITIES, SERVICES AND TECHNOLOGIES and
establishing markets for such  [secondary]  materials  [and],  products,
COMMODITIES,  SERVICES  AND  TECHNOLOGIES  through the use of letters of
intent and such other techniques as the commissioner may deem  appropri-
ate;
  h.  conduct  market  surveys  of  the potential consumers of secondary
materials and products manufactured  with  secondary  materials  AND  OF
HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES;
  i.  conduct  surveys  to  determine  the potential supply of secondary
materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES in
the state;
  l. provide information  concerning  local  and  regional  markets  for
secondary materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECH-
NOLOGIES;
  o. provide other technical assistance to assist businesses in reducing
the amount of waste generated by their processes and productively use or
provide  for  the  productive use [of others] of wastes which are gener-
ated;
  S 8. Subdivision 5 of section 261 of the economic development law,  as
amended  by  chapter  471  of  the  laws  of 1998, is amended to read as
follows:
  5. The department shall fund feasibility studies for testing of  waste
prevention  technologies  or  practices  [or both] AND HEALTHY AND GREEN
COMMODITIES, SERVICES AND TECHNOLOGIES to reduce the amount of waste and
to promote energy and resource conservation by the adoption  OR  USE  of
such technologies [or], practices, COMMODITIES AND SERVICES by small and
medium sized firms in New York state.
  S 9. Subdivision 10 of section 261 of the economic development law, as
amended  by  chapter  471  of  the  laws  of 1998, is amended to read as
follows:
  10. Technical feasibility study.  The  department  shall  require  the
applicant  to  submit a technical feasibility study which identifies and
analyzes in detail the waste prevention  projects  which  the  applicant
wishes  to  implement.  All feasibility studies must include the cost of
implementation, a construction schedule and, a description  of  how  the
project will minimize, reduce or eliminate the generation of wastes, use
or  reuse  wastes,  increase  energy  efficiency  or water conservation,
INCREASE THE MANUFACTURE, PRODUCTION, PROVISION OR USE  OF  HEALTHY  AND

S. 2663--A                         11

GREEN COMMODITIES, SERVICES OR TECHNOLOGIES, improve air or water quali-
ty and/or improve process economics.
  S  10.  Subdivision 14 of section 261 of the economic development law,
as amended by chapter 524 of the laws of 2005, is  amended  to  read  as
follows:
  14. Reports. Beginning on January first, nineteen hundred eighty-nine,
the  commissioner  shall  make  an annual report to the governor and the
legislature which shall include, at a minimum, the status of the  activ-
ities  undertaken  pursuant  to  paragraphs a, c, d, e, f, i, j and k of
subdivision four of this section, the status  of  any  other  activities
undertaken pursuant to this article, and recommendations for programs or
policies  that  will further the objectives of expanding the utilization
of secondary materials recovered for reuse INCREASING  WASTE  PREVENTION
AND  SOURCE  REDUCTION,  AND  INCREASING  THE  MANUFACTURE,  PRODUCTION,
PROVISION AND USE OF HEALTHY AND GREEN COMMODITIES, SERVICES  AND  TECH-
NOLOGIES  within the state. The provisions of this subdivision shall not
be deemed to require or authorize the disclosure of confidential  infor-
mation  or  trade  secrets.    This  report may be consolidated with the
report required by subdivision four of section two  hundred  sixty-three
of this article.
  S  11. The opening paragraph of subdivision 1 of section 3-0311 of the
environmental conservation law, as amended by chapter 741 of the laws of
1991, is amended to read as follows:
  Each state agency as defined in subdivision five of this section shall
annually audit the environmental problems created by its  operations  or
the  operations  of  contractors it has hired and over whom it has exer-
cised or is required to exercise direct oversight, acting in fulfillment
of their contracts. Such audit shall identify the extent to which  these
operations  are  in  violation  of  this chapter, or regulations adopted
thereunder.  SUCH AUDIT ALSO SHALL EVALUATE THE  ENVIRONMENTAL  PROBLEMS
CREATED  BY  THE  AGENCY'S  PROCUREMENT  OF COMMODITIES, ITS ENERGY USE,
WASTE PRODUCTION, WATER AND PAPER USE, AND THE USE OF ANY TOXIC  MATERI-
ALS  OF  PRODUCTS  REASONABLY  ANTICIPATED  TO BE CARCINOGENS. Each such
state agency shall submit a report to the department on or before  April
first of each year. The report shall:
  S  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall apply only to state  procure-
ment  contracts  where the request for proposals or the request for bids
was issued after the effective date of this act; provided, however, that
effective immediately, the addition, amendment and/or repeal of any rule
or regulation necessary for the implementation of this act on its effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.

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