S T A T E O F N E W Y O R K
________________________________________________________________________
10173--A
I N A S S E M B L Y
March 9, 2010
___________
Introduced by M. of A. CASTELLI, PAULIN, TOBACCO, GIGLIO, MURRAY,
BURLING, RAIA, McKEVITT, CALHOUN, COLTON, FITZPATRICK, JORDAN, BALL,
McDONOUGH, MONTESANO -- Multi-Sponsored by -- M. of A. BACALLES,
BARCLAY, BUTLER, CROUCH, HAWLEY, P. LOPEZ, MOLINARO, OAKS, QUINN,
SAYWARD, SPANO, WEISENBERG -- read once and referred to the Committee
on Environmental Conservation -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the state finance law, the general municipal law, the
education law, the economic development law and the environmental
conservation law, in relation to state environmental purchasing and
intergovernmental agreements; and to repeal section 409-i of the
education law and section 163-b of the state finance law relating to
environmentally-sensitive cleaning and maintenance products
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 environmental purchasing act".
S 2. 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 ANY ASSOCIATED PUBLIC
HEALTH AND ENVIRONMENTAL COSTS.
S 3. Paragraph a of subdivision 1 of section 161 of the state finance
law, as added by chapter 83 of the laws of 1995, 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 [nine-
teen] TWENTY-ONE members, including the commissioner, the state comp-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16194-03-0
A. 10173--A 2
troller, the director of the budget [and], the commissioner of economic
development AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, or their
respective designees; [seven] SIX members who shall be the heads of
other large and small state agencies chosen by the governor, or their
respective designees; and [eight] TEN at large members appointed as
follows: [three] FOUR 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 ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRONMENT; [three] FOUR
appointed by the speaker of the assembly, one of whom shall be a repre-
sentative of local government [and], one of whom shall be a represen-
tative of private business 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 assem-
bly. 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 4. Paragraphs k, l and m of subdivision 2 of section 161 of the
state finance law, paragraphs k and l as added by chapter 83 of the laws
of 1995, paragraph m as added by chapter 95 of the laws of 2000, are
amended and a new paragraph n is added to read as follows:
k. Report by December thirty-first, nineteen hundred ninety-five and
thereafter biennially to the governor, the legislature and the director
of the budget, the significant findings of the council including, but
not limited to, substantial savings generated by council initiatives and
the recommendations of the council concerning the state's procurement
practices; [and]
l. Undertake other related activities as are necessary to effectuate
this article including the development of a strategic plan for the
improvement of state procurement[.];
m. Establish and, from time to time, amend guidelines with respect to
publishing by state agencies of quarterly listings of projected procure-
ments having a value greater than five thousand dollars but less than
fifteen thousand dollars in the procurement opportunities newsletter
established by article four-C of the economic development law[.]; AND
N. MAKE RECOMMENDATIONS TO THE COMMISSIONER FOR "TARGET CATEGORIES" OF
COMMODITIES, SERVICES AND/OR TECHNOLOGIES WHICH FOR THE PURPOSES OF THIS
SECTION SHALL MEAN BROAD CATEGORIES OF COMMODITIES, SERVICES AND/OR
TECHNOLOGIES ROUTINELY PROCURED BY THE STATE WHICH MAY HAVE AN ADVERSE
IMPACT ON PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH MORE ENVIRON-
MENTALLY PREFERABLE PRODUCTS SHOULD BE IDENTIFIED AND SUBSTITUTED
CONSISTENT WITH THE GOALS AND STANDARDS SET FORTH IN ARTICLE TEN-A OF
THIS CHAPTER.
S 5. Subparagraph (vii) of paragraph b of subdivision 3 of section 163
of the state finance law, as added by chapter 584 of the laws of 2005,
is amended to read as follows:
(vii) maintain a list of contractors which produce or manufacture or
offer for sale [environmentally-sensitive cleaning and maintenance
products in the form, function and utility generally used by elementary
and secondary schools] ENVIRONMENTALLY PREFERABLE PRODUCTS in accordance
with specifications or guidelines promulgated pursuant to [section four
hundred nine-i of the education law] ARTICLE TEN-A OF THIS CHAPTER.
A. 10173--A 3
S 6. The state finance law is amended by adding a new article 10-A to
read as follows:
ARTICLE 10-A
STATE ENVIRONMENTAL PURCHASING
SECTION 159-A. DEFINITIONS.
159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE.
159-C. AGENCY ENVIRONMENTAL EXECUTIVES.
159-D. INTERAGENCY COMMITTEE ON SUSTAINABILITY AND GREEN
PROCUREMENT.
159-E. ISSUE-SPECIFIC TASK FORCES.
159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM.
159-G. STATE AGENCY RESPONSIBILITIES.
159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES.
159-I. BUSINESS DEVELOPMENT AND GUIDANCE.
S 159-A. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "ENERGY STAR" MEANS A DESIGNATION FROM THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY OR DEPARTMENT OF ENERGY INDICATING THAT A PROD-
UCT MEETS THE ENERGY EFFICIENCY STANDARDS SET FORTH BY THE AGENCY FOR
COMPLIANCE WITH THE ENERGY STAR PROGRAM.
2. "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR INSTRUC-
TION OF ELEMENTARY OR SECONDARY STUDENTS BY: (A) ANY SCHOOL DISTRICT,
INCLUDING A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL DISTRICT IN A
CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS
OR MORE, (B) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (C) A CHARTER
SCHOOL, (D) AN APPROVED PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS
WITH DISABILITIES, (E) A STATE-SUPPORTED SCHOOL FOR THE DEAF OR BLIND
OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND (F)
ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL.
3. "ENVIRONMENTALLY PREFERABLE PRODUCTS" MEANS BUT SHALL NOT BE LIMIT-
ED TO PRODUCTS AND SERVICES THAT: CONTAIN RECYCLED MATERIALS, CONSERVE
ENERGY OR WATER, MINIMIZE WASTE, ARE LESS TOXIC AND HAZARDOUS, REDUCE
THE GENERATION, RELEASE OR DISPOSAL OF TOXIC SUBSTANCES, PROTECT OPEN
SPACE, AND/OR OTHERWISE LESSEN THE IMPACT OF SUCH PRODUCTS OR SERVICES
ON PUBLIC HEALTH AND THE ENVIRONMENT.
4. "ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL" MEANS A TOOL FOR
EVALUATING THE ENVIRONMENTAL PERFORMANCE OF ELECTRONIC PRODUCTS THROUGH-
OUT THEIR LIFE CYCLE DEVELOPED BY THE FEDERAL GOVERNMENT AND OTHER
STAKEHOLDERS.
5. "INDEPENDENT AGENCIES" MEANS ANY PUBLIC BENEFIT CORPORATIONS OR
PUBLIC AUTHORITIES NOT INCLUDED IN THE DEFINITION OF STATE AGENCIES.
6. "RECOVERED MATERIALS" MEANS WASTE MATERIALS AND BYPRODUCTS WHICH
HAVE BEEN RECOVERED OR DIVERTED FROM SOLID WASTE, BUT SUCH TERM DOES NOT
INCLUDE THOSE MATERIALS AND BYPRODUCTS GENERATED FROM AND COMMONLY
REUSED WITHIN AN ORIGINAL MANUFACTURING PROCESS.
7. "RECYCLED CONTENT" SHALL MEAN RECYCLED COMMODITY AS THAT TERM IS
DEFINED IN PARAGRAPH A OF SUBDIVISION THREE OF SECTION ONE HUNDRED
SIXTY-FIVE OF THIS CHAPTER.
8. "REMANUFACTURED" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARA-
GRAPH A OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS
CHAPTER.
9. "STATE AGENCIES" MEANS ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
COMMISSION, OFFICE, AGENCY, AUTHORITY OR PUBLIC CORPORATION OF THE
STATE.
S 159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE. 1. THE OFFICE OF THE
ENVIRONMENTAL EXECUTIVE SHALL BE DESIGNATED BY THE GOVERNOR AND SHALL BE
LOCATED WITHIN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE ENVI-
A. 10173--A 4
RONMENTAL EXECUTIVE SHALL TAKE ALL ACTIONS NECESSARY TO ENSURE THAT
STATE AGENCIES COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE AND SHALL
GENERATE AN ANNUAL REPORT TO THE DIVISION OF BUDGET, AT THE TIME OF
AGENCY BUDGET SUBMISSIONS, ON THE ACTIONS TAKEN BY STATE AGENCIES TO
COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. IN CARRYING OUT HIS OR HER
FUNCTIONS, THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE COMMIS-
SIONER OF ENVIRONMENTAL CONSERVATION.
2. A MINIMUM OF FOUR FULL TIME STAFF PERSONS ARE TO BE PROVIDED TO
ASSIST THE ENVIRONMENTAL EXECUTIVE, ONE OF WHOM SHALL HAVE EXPERIENCE IN
SPECIFICATION REVIEW AND PROGRAM REQUIREMENTS, ONE OF WHOM SHALL HAVE
EXPERIENCE IN PROCUREMENT PRACTICES AND ONE OF WHOM SHALL HAVE EXPERI-
ENCE IN SOLID WASTE PREVENTION AND RECYCLING. THESE FOUR STAFF PERSONS
SHALL BE APPOINTED AND REPLACED AS FOLLOWS:
(A) THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS
OR HIS OR HER DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR AND
NO MORE THAN TWO YEARS;
(B) THE COMMISSIONER OF GENERAL SERVICES OR HIS OR HER DESIGNEE SHALL
BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN TWO YEARS;
(C) THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION OR HIS OR HER
DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN
TWO YEARS; AND
(D) THE PRESIDENT OF THE NEW YORK STATE ENVIRONMENTAL FACILITIES
CORPORATION OR HIS OR HER DESIGNEE FOR NOT MORE THAN ONE YEAR.
3. STATE AGENCIES ARE REQUESTED TO MAKE THEIR SERVICES, PERSONNEL AND
FACILITIES AVAILABLE TO THE ENVIRONMENTAL EXECUTIVE TO THE MAXIMUM
EXTENT PRACTICABLE FOR THE PERFORMANCE OF FUNCTIONS.
4. THE ENVIRONMENTAL EXECUTIVE, IN CONSULTATION WITH THE AGENCY ENVI-
RONMENTAL EXECUTIVES DESIGNATED PURSUANT TO SECTION ONE HUNDRED
FIFTY-NINE-C OF THIS ARTICLE, SHALL:
(A) IDENTIFY AND RECOMMEND INITIATIVES FOR GOVERNMENT-WIDE IMPLEMENTA-
TION THAT WILL PROMOTE THE PURPOSES OF THIS ARTICLE, INCLUDING:
(I) THE DEVELOPMENT OF A STATE PLAN FOR AGENCY IMPLEMENTATION AND
APPROPRIATE INCENTIVES TO ENCOURAGE THE ACQUISITION OF RECYCLED AND
ENVIRONMENTALLY PREFERABLE PRODUCTS BY THE STATE GOVERNMENT;
(II) THE DEVELOPMENT OF A STATE IMPLEMENTATION PLAN AND GUIDANCE FOR
INSTITUTING ECONOMICALLY EFFICIENT STATE WASTE PREVENTION, ENERGY AND
WATER EFFICIENCY PROGRAMS, AND RECYCLING PROGRAMS WITHIN EACH AGENCY;
AND
(III) THE DEVELOPMENT OF A PLAN FOR MAKING MAXIMUM USE OF AVAILABLE
FUNDING ASSISTANCE PROGRAMS;
(B) ELECTRONICALLY COLLECT AND DISSEMINATE INFORMATION CONCERNING
METHODS TO REDUCE WASTE, MATERIALS THAT CAN BE RECYCLED, COSTS AND
SAVINGS ASSOCIATED WITH WASTE PREVENTION AND RECYCLING, AND CURRENT
MARKET SOURCES OF PRODUCTS THAT ARE ENVIRONMENTALLY PREFERABLE OR
PRODUCED WITH RECOVERED MATERIALS;
(C) PROVIDE GUIDANCE AND ASSISTANCE TO STATE AGENCIES IN SETTING UP
AND REPORTING ON AGENCY PROGRAMS AND MONITORING THEIR EFFECTIVENESS;
(D) ESTABLISH A WEBSITE FOR THE OFFICE OF THE ENVIRONMENTAL EXECUTIVE
AND COORDINATE APPROPRIATE GOVERNMENT-WIDE EDUCATION AND TRAINING
PROGRAMS FOR STATE AGENCIES; AND
(E) PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY
AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
S 159-C. AGENCY ENVIRONMENTAL EXECUTIVES. WITHIN NINETY DAYS AFTER THE
EFFECTIVE DATE OF THIS ARTICLE, THE HEAD OF EACH EXECUTIVE DEPARTMENT
AND MAJOR PROCURING AGENCY SHALL DESIGNATE AN AGENCY ENVIRONMENTAL EXEC-
A. 10173--A 5
UTIVE FROM AMONG HIS OR HER STAFF. THE AGENCY ENVIRONMENTAL EXECUTIVE
WILL BE RESPONSIBLE FOR:
1. COORDINATING ALL ENVIRONMENTAL PROGRAMS IN THE AREAS OF PROCUREMENT
AND ACQUISITION, STANDARDS AND SPECIFICATION REVIEW, FACILITIES MANAGE-
MENT, WASTE PREVENTION AND RECYCLING, AND LOGISTICS;
2. PARTICIPATING IN THE INTERAGENCY DEVELOPMENT OF A STATE PLAN TO:
(A) CREATE AN AWARENESS AND OUTREACH PROGRAM FOR THE PRIVATE SECTOR TO
FACILITATE MARKETS FOR ENVIRONMENTALLY PREFERABLE AND RECYCLED PRODUCTS
AND SERVICES, PROMOTE NEW TECHNOLOGIES, IMPROVE AWARENESS ABOUT FEDERAL
EFFORTS IN THIS AREA, AND EXPEDITE AGENCY EFFORTS TO PROCURE NEW
PRODUCTS IDENTIFIED UNDER THIS ORDER;
(B) ESTABLISH INCENTIVES, PROVIDE GUIDANCE AND COORDINATE APPROPRIATE
EDUCATIONAL PROGRAMS FOR AGENCY EMPLOYEES; AND
(C) COORDINATE THE DEVELOPMENT OF STANDARD AGENCY REPORTS REQUIRED BY
THIS ARTICLE.
3. REVIEWING STATE AGENCY PROGRAMS AND ACQUISITIONS TO ENSURE COMPLI-
ANCE WITH THIS ORDER.
S 159-D. INTERAGENCY COMMITTEE ON SUSTAINABILITY AND GREEN PROCURE-
MENT. 1. THERE IS HEREBY ESTABLISHED AN INTERAGENCY COMMITTEE ON
SUSTAINABILITY AND GREEN PROCUREMENT. THE COMMITTEE SHALL BE COMPRISED
OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER OF GENERAL SERVICES, THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH,
THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE PRESIDENT OF THE URBAN
DEVELOPMENT CORPORATION, THE COMMISSIONER OF TRANSPORTATION, THE PRESI-
DENT OF THE ENVIRONMENTAL FACILITIES CORPORATION, THE PRESIDENT OF THE
NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE CHAIR OF
THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND THE EXECUTIVE DIRECTOR
OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK. THE COMMISSIONER OF
GENERAL SERVICES AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION
SHALL SERVE AS CO-CHAIRS OF THE COMMITTEE.
2. MEMBERS OF THE COMMITTEE MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
REPRESENT THEM AND PARTICIPATE ON THE COMMITTEE ON THEIR BEHALF. A
MAJORITY OF THE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM, AND
ALL ACTIONS AND RECOMMENDATIONS OF THE COMMITTEE SHALL REQUIRE APPROVAL
OF A MAJORITY OF THE TOTAL MEMBERS OF THE COMMITTEE.
S 159-E. ISSUE-SPECIFIC TASK FORCES. 1. THE COMMITTEE SHALL HAVE THE
AUTHORITY TO DESIGNATE ISSUE-SPECIFIC TASK FORCES TO EXAMINE SPECIFIC
AREAS OF ENVIRONMENTAL PROCUREMENT AND PROVIDE TARGETED TECHNICAL
ASSISTANCE AND GUIDANCE TO AGENCIES AS NEEDED.
2. ONE SUCH TASK FORCE SHALL BE A TOXIC REDUCTION TASK FORCE TO BE
OVERSEEN BY THE OFFICE OF THE ENVIRONMENTAL EXECUTIVE IN COORDINATION
WITH THE OFFICE OF GENERAL SERVICES.
(A) THE OFFICE OF GENERAL SERVICES SHALL:
(I) PROVIDE THE TOXIC REDUCTION TASK FORCE WITH RELEVANT INFORMATION
ON WHAT CHEMICALS AND PRODUCTS ARE PROCURED, AND THE AMOUNTS USED AND BY
WHOM, IN THE STATE; AND
(II) WORK WITH OFFICE OF THE ENVIRONMENTAL EXECUTIVE AND OTHER STAKE-
HOLDERS TO IMPLEMENT THE TOXIC REDUCTION TASK FORCE RECOMMENDATIONS.
(B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS ARTICLE, THE
OFFICE OF THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE OFFICE OF
GENERAL SERVICES IN ESTABLISHING SAID TOXIC REDUCTION TASK FORCE, WHICH
SHALL MEET PERIODICALLY, BUT NOT LESS THAN TWO TIMES PER YEAR, TO
PROVIDE GUIDANCE ON AND ASSIST AGENCIES WITH IDENTIFYING AND ELIMINATING
PURCHASES OF PRODUCTS THAT CONTAIN TOXIC CHEMICALS.
(C) TOXIC REDUCTION TASK FORCE MEMBERS SHALL INCLUDE, BUT NOT BE
LIMITED TO THE COMMISSIONER OF GENERAL SERVICES, THE COMMISSIONER OF
A. 10173--A 6
ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH, AND THE COMMIS-
SIONER OF LABOR, AND EACH SHALL APPOINT REPRESENTATIVES TO THE TASK
FORCE WITHIN THIRTY DAYS OF THEIR NOTIFICATION BY THE OFFICE OF THE
ENVIRONMENTAL EXECUTIVE.
(D) THE TASK FORCE SHALL PERIODICALLY CONSULT WITH THE COMMITTEE AND
ANY OTHER APPROPRIATE NON-GOVERNMENTAL STAKEHOLDERS OR STATE AGENCIES,
INCLUDING, BUT NOT LIMITED TO, THE OFFICE OF GENERAL SERVICES, THE
DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT OF
TRANSPORTATION, TO IDENTIFY OPPORTUNITIES FOR THE INTEGRATION OF LESS
TOXIC PRODUCTS INTO PUBLIC SCHOOLS, HEALTHCARE FACILITIES, CONSTRUCTION
PROJECTS AND THROUGHOUT THE STATE AND LOCAL GOVERNMENT.
3. MEMBERS OF OTHER TASK FORCES SHALL BE APPOINTED BY THE CHAIR OF THE
COMMITTEE IN CONSULTATION WITH THE MEMBERS OF THE COMMITTEE.
4. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTAL EXECU-
TIVE SHALL REPORT TO THE COMMITTEE ON THE PROGRESS MADE BY THE TOXIC
REDUCTION TASK FORCE AND ANY OTHER TASK FORCE OVERSEEN BY THE OFFICE OF
THE ENVIRONMENTAL EXECUTIVE IN THE PRIOR FISCAL YEAR TOWARD MEETING THE
GOALS AND REQUIREMENTS OF THIS ARTICLE.
S 159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. THE INTERAGENCY
COMMITTEE ON SUSTAINABILITY AND GREEN PROCUREMENT SHALL DEVELOP AND
IMPLEMENT AN ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. 1. THE ENVI-
RONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL:
(A) ESTABLISH MINIMUM ENVIRONMENTAL STANDARDS FOR PRODUCTS AND
SERVICES PROCURED BY STATE AGENCIES WHEREVER FEASIBLE AND PRACTICABLE;
(B) PROVIDE GUIDANCE TO STATE AGENCIES ON HOW TO ENSURE THAT THEIR
PROCUREMENTS ARE IN COMPLIANCE WITH THESE STANDARDS AND ENCOURAGE STATE
AGENCIES TO ESTABLISH ANNUAL ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
MENT GOALS;
(C) INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS IN STATEWIDE CONTRACTS
AND LIMIT CONTRACT AWARDS TO ENVIRONMENTALLY PREFERABLE PRODUCTS EXCLU-
SIVELY, CONSISTENT WITH ARTICLE ELEVEN OF THIS CHAPTER AND THE REGU-
LATIONS THEREUNDER AND THE ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
MENT GOALS AND STANDARDS;
(D) FACILITATE THE PURCHASE, DEMONSTRATION AND USE OF NEW AND INNOVA-
TIVE ENVIRONMENTALLY PREFERABLE PRODUCTS, TECHNOLOGIES AND SERVICES;
(E) ENCOURAGE STATE CONTRACTORS TO INCORPORATE ENVIRONMENTALLY PREFER-
ABLE PRODUCTS AND SUSTAINABLE PRACTICES IN THEIR OPERATIONS;
(F) IMPLEMENT AN ENVIRONMENTALLY PREFERABLE PRODUCT CERTIFICATION
PROGRAM FOR STATE AGENCIES AND OTHER PUBLIC PURCHASERS AND/OR WORK WITH
PARTNERS WITHIN AND OUTSIDE THE STATE TO DEVELOP SUCH A CERTIFICATION ON
A NATIONAL LEVEL; AND
(G) SUPPORT DEVELOPMENT OF APPROPRIATE TRAINING AND OUTREACH ON
PROCURING ENVIRONMENTALLY PREFERABLE PRODUCTS AND IDENTIFICATION OF
THEIR FISCAL, ENVIRONMENTAL, AND HEALTH BENEFITS.
2. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTALLY PREF-
ERABLE PRODUCTS PROGRAM SHALL REPORT TO THE DIVISION OF BUDGET AND THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THE PROGRESS MADE IN THE
PRIOR FISCAL YEAR TOWARD MEETING THE GOALS SET FORTH IN THIS SECTION AS
WELL AS PROVIDE AVAILABLE DATA ON ACTUAL ENVIRONMENTALLY PREFERABLE
PRODUCT PURCHASES AND THEIR ASSOCIATED ENVIRONMENTAL, HEALTH, AND FISCAL
BENEFITS, WHEREVER POSSIBLE.
3. ALL OFFICE OF GENERAL SERVICES STAFF SHALL COOPERATE WITH THE ENVI-
RONMENTALLY PREFERABLE PRODUCTS PROGRAM IN THESE EFFORTS AND INCORPORATE
ENVIRONMENTAL GOALS INTO THE PERFORMANCE MEASUREMENTS OF PROCUREMENT
OFFICERS AND OTHER APPROPRIATE STAFF.
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4. THE STATE PURCHASING AGENT SHALL DIRECT THE NEW YORK STATE ENERGY
RESEARCH AND DEVELOPMENT AUTHORITY TO FACILITATE COORDINATION BETWEEN
THE GREEN JOBS-GREEN NEW YORK PROGRAM AND THE ENVIRONMENTALLY PREFERABLE
PRODUCTS PROGRAM AND INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS
CONTRACT INFORMATION IN ALL APPROPRIATE TRAINING SESSIONS.
5. THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND
CONDUCT OUTREACH PROGRAMS FOR MUNICIPALITIES AND, IN COLLABORATION WITH
THE DEPARTMENT OF EDUCATION, ELEMENTARY OR SECONDARY SCHOOLS.
6. INDEPENDENT AGENCIES MAY ADOPT THE ENVIRONMENTALLY PREFERABLE
PRODUCTS POLICIES AND PROGRAMS CONSISTENT WITH THIS SECTION.
S 159-G. STATE AGENCY RESPONSIBILITIES. 1. WHERE STATE AGENCIES HAVE
THE RESPONSIBILITY AND OPPORTUNITY TO CONDUCT PROCUREMENTS AND TO
PURCHASE PRODUCTS AND SERVICES EITHER THROUGH STATEWIDE CONTRACTS OR
DEPARTMENT PROCUREMENTS AND CONTRACTS, INCLUDING CONSULTANTS, SERVICE
PROVIDERS, AND/OR LEASE AGREEMENTS, THEY SHALL INCORPORATE ENVIRON-
MENTALLY PREFERABLE PRODUCTS INTO THOSE ACTIVITIES TO THE GREATEST
EXTENT FEASIBLE.
2. STATE AGENCIES SHALL:
(A) WORK WITH THEIR CONTRACTORS AND AGENCY PERSONNEL TO PROVIDE ALL
NECESSARY AND APPROPRIATE SUPPORT TO THE ENVIRONMENTALLY PREFERABLE
PRODUCTS PROGRAM IN AN EFFORT TO ENSURE THAT ANNUAL FISCAL YEAR PURCHAS-
ING DATA IS REPORTED TO THE OFFICE OF GENERAL SERVICES WITHIN NINETY
DAYS OF THE CLOSE OF EACH FISCAL YEAR;
(B) EXAMINE THE BENEFITS OF ESTABLISHING ANNUAL ENVIRONMENTALLY PREF-
ERABLE PRODUCT PROCUREMENT GOALS AND CONSULT WITH THE ENVIRONMENTALLY
PREFERABLE PRODUCTS PROGRAM TO TARGET APPROPRIATE PROCUREMENT AREAS;
(C) SUPPORT AND ENCOURAGE KEY AGENCY STAFF PARTICIPATION IN ENVIRON-
MENTALLY PREFERABLE PRODUCT PROCUREMENT TRAINING; AND
(D) WORK TO INCORPORATE THE USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS
IN CONTRACTS AUTHORIZED BY THE PUBLIC HEALTH LAW AND THE REGULATIONS
PROMULGATED THEREUNDER, CONSTRUCTION, RENOVATION AND MAINTENANCE
CONTRACTS, FOOD SERVICE CONTRACTS, DISPOSAL CONTRACTS, LEASE AGREEMENTS,
GRANT PROGRAMS, AND OTHER CONTRACTS OVERSEEN BY STATE AGENCIES.
S 159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES. 1. (A) WHEN PROCURING
PRODUCTS THAT CONSUME ENERGY, ALL STATEWIDE CONTRACTS AND AGENCY
PROCUREMENTS SHALL FOLLOW THE MINIMUM ENERGY EFFICIENCY STANDARDS
PROMULGATED BY THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY AND TAKE INTO ACCOUNT, IN THE PROCUREMENT'S SPEC-
IFICATIONS, THE LIFETIME ENERGY COSTS NECESSARY TO OPERATE ENERGY
CONSUMING PRODUCTS AND EQUIPMENT.
(B) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL REVIEW
EXISTING STANDARDS AND ESTABLISH MINIMUM ENERGY PERFORMANCE STANDARDS,
TAKING INTO ACCOUNT INITIAL AND OPERATING COSTS, AND STATE AGENCIES
SHALL ADHERE TO SAID STANDARDS. AT A MINIMUM, UNLESS OTHERWISE SET FORTH
IN THE MINIMUM ENERGY PERFORMANCE STANDARDS, STATE AGENCIES SHALL:
(I) PROCURE ONLY ENERGY STAR RATED OFFICE EQUIPMENT, APPLIANCES, HEAT-
ING, VENTILATING AND AIR CONDITIONING EQUIPMENT, AND OTHER ENERGY STAR
RATED PRODUCTS UNLESS SUCH PRODUCTS CAN BE DEMONSTRATED TO BE COST
PROHIBITIVE OVER THEIR LIFE;
(II) ENSURE THAT ALL ENERGY STAR EQUIPMENT HAS THE POWER SAVING MODE
ENABLED AT THE TIME OF INSTALLATION AND THAT ALL STAFF ARE AWARE OF
THESE FUNCTIONS AND THEIR BENEFITS;
(III) PURCHASE ONLY ENERGY EFFICIENT LIGHT BULBS, SUCH AS, BUT NOT
LIMITED TO, COMPACT FLUORESCENT LAMPS OR LIGHT EMITTING DIODES UNLESS
THE PURCHASE OF A STANDARD BULB, SUCH AS AN INCANDESCENT, IS NECESSARY
FOR A SPECIFIC PURPOSE OR FUNCTION THAT CAN ONLY BE SERVED BY SAID BULB;
A. 10173--A 8
(IV) PROCURE THE MOST EFFICIENT AND COST-EFFECTIVE LINEAR LIGHTS
POSSIBLE THAT WILL MEET AGENCY NEEDS AND, WHEREVER POSSIBLE, REPLACE
OLDER LAMP BALLASTS WITH NEWER MORE EFFICIENT ELECTRONIC BALLASTS;
(V) ENSURE THAT ALL NEW STREET LIGHTS UTILIZE THE MOST EFFICIENT LIGHT
SOURCES POSSIBLE AND THAT ALL TRAFFIC LIGHTS INSTALLED OR REPLACED BY
AGENCIES UTILIZE ONLY LIGHT EMITTING DIODES OR SIMILARLY EFFICIENT TECH-
NOLOGY; AND
(VI) SUPPORT THE PROCUREMENT OF OTHER ENERGY EFFICIENT PRODUCTS WHER-
EVER POSSIBLE, INCLUDING BUT NOT LIMITED TO, HIGH EFFICIENCY MOTORS,
TANKLESS WATER HEATERS, PROGRAMMABLE THERMOSTATS, HEATING, VENTILATION
AND AIR CONDITIONING UNITS/SYSTEMS AND FOOD SERVICE EQUIPMENT.
2. (A) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM AND STATE AGEN-
CIES SHALL, WHEREVER FEASIBLE, ELIMINATE PRODUCTS PROCURED BY THE STATE
THAT CONTAIN TOXIC CHEMICALS IN CONCENTRATIONS THAT POSE A SIGNIFICANT
THREAT TO THE ENVIRONMENT AND/OR PUBLIC HEALTH.
(B) WHEN LESS TOXIC OR NON-TOXIC ALTERNATIVES ARE READILY AVAILABLE,
MEET STATE AGENCY PERFORMANCE REQUIREMENTS, AND ARE COST COMPETITIVE,
THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL MOVE PROMPTLY TO
MAKE THESE ALTERNATIVES AVAILABLE THROUGH STATEWIDE CONTRACTS. STATE
AGENCIES SHALL PURCHASE ONLY THESE LESS TOXIC OR NON-TOXIC ALTERNATIVES
UNLESS IT CAN BE DEMONSTRATED THAT SUCH ALTERNATIVES DO NOT MEET THE
ESSENTIAL NEEDS OF THE AGENCY.
(C) THROUGH BOTH STATEWIDE AND/OR DEPARTMENTAL CONTRACTS, STATE AGEN-
CIES SHALL:
(I) PURCHASE AND USE ONLY THOSE CLEANING PRODUCTS, INCLUDING FLOOR
FINISHES, THAT MEET THE ENVIRONMENTAL SPECIFICATIONS ESTABLISHED BY THE
ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM;
(II) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, REQUIRE
CLEANING SERVICE CONTRACTORS TO UTILIZE CLEANING PRODUCTS THAT MEET THE
SAME OR BETTER ENVIRONMENTALLY PREFERABLE PRODUCT STANDARDS;
(III) REQUIRE PEST CONTROL FIRMS OR LICENSED STATE STAFF TO EMPLOY AN
INTEGRATED PEST MANAGEMENT APPROACH IN STATE FACILITIES;
(IV) ENSURE ADHERENCE TO THE TITLE TWENTY-ONE OF ARTICLE TWENTY-SEVEN
OF THE ENVIRONMENTAL CONSERVATION LAW AND THE REGULATIONS THEREUNDER
CONCERNING MERCURY-ADDED CONSUMER PRODUCTS OR DEVELOP STANDARDS THAT THE
ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE;
(V) PROCURE PRODUCTS THAT CONTAIN NO OR LOW AMOUNTS OF VOLATILE ORGAN-
IC COMPOUNDS WHEREVER FEASIBLE, INCLUDING BUT NOT LIMITED TO OFFICE
EQUIPMENT, FURNITURE, FLOORING, PAINT, AND CONSTRUCTION MATERIALS; AND
(VI) PURCHASE COMPUTERS, MONITORS, LAPTOPS, AND OTHER RELEVANT EQUIP-
MENT THAT HAVE ACHIEVED A MINIMUM SILVER RATING FROM THE ELECTRONIC
PRODUCTS ENVIRONMENTAL ASSESSMENT TOOL.
(D) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL WORK WITH
AGENCIES TO DEVELOP BEST MANAGEMENT PRACTICES AND SPECIFICATIONS WITH
THE INTENT OF INCREASING THE PROCUREMENT OF:
(I) LESS TOXIC WATER TREATMENT CHEMICALS AND PROCESSES;
(II) PAPER PRODUCTS PROCESSED WITHOUT ELEMENTAL CHLORINE;
(III) ORGANIC AND/OR LESS TOXIC FERTILIZERS, PESTICIDES AND OTHER
LANDSCAPING PRODUCTS;
(IV) VEHICLE TIRES WITH LEAD-FREE WHEEL WEIGHTS;
(V) PACKAGING IN CONFORMANCE WITH THE SPECIFICATIONS DEVELOPED BY THE
COALITION OF NORTHEASTERN GOVERNORS DESIGNED TO REDUCE HEAVY METALS AND
TOXICS;
(VI) FURNISHINGS, CLOTHING, AND OTHER PRODUCTS THAT MEET REQUIRED
FLAMMABILITY STANDARDS WITHOUT THE USE OF TOXIC FLAME RETARDANTS KNOWN
AS POLYBROMINATED DIPHENYL ETHERS; AND
A. 10173--A 9
(VII) OTHER PRODUCTS IDENTIFIED BY A TASK FORCE ESTABLISHED BY THE
COMMITTEE PURSUANT TO SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTICLE.
3. RECYCLED CONTENT AND WASTE MINIMIZATION. (A) THE ENVIRONMENTALLY
PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND EXPAND MINIMUM RECYCLED
CONTENT AND REMANUFACTURED STANDARDS FOR ALL APPROPRIATE PRODUCTS AND
MATERIALS.
(B) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL UTILIZE,
WHEREVER APPLICABLE, THE MINIMUM STANDARDS ESTABLISHED BY THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY'S COMPREHENSIVE PROCUREMENT GUIDELINES
AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN OF TITLE FORTY OF THE
UNITED STATES CODE OF FEDERAL REGULATIONS OR DEVELOP STANDARDS THAT THE
ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE.
(C) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL CONSIDER THE
ULTIMATE DISPOSAL OF PRODUCTS AND THEIR PACKAGING WHEN DEVELOPING
CONTRACT SPECIFICATIONS AND MAKING CONTRACT AWARDS. AGENCIES SHALL
PROCURE PRODUCTS THAT COMPLY WITH ALL RECYCLED CONTENT AND WASTE
REDUCTION STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREFERABLE
PRODUCTS PROGRAM.
(D) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENSURE THAT
THE FOLLOWING PRODUCT CATEGORIES CONTAIN MINIMUM RECYCLED CONTENT STAND-
ARDS AND ARE INCLUDED ON STATEWIDE CONTRACTS:
(I) OFFICE PAPER, PRINTED MATERIALS, OFFICE SUPPLIES, PACKAGING AND
STORAGE BOXES;
(II) OFFICE PANELS AND INTERIOR AND EXTERIOR FURNITURE AND EQUIPMENT;
(III) JANITORIAL PAPER PRODUCTS AND TRASH LINERS;
(IV) TRANSPORTATION PRODUCTS SUCH AS ANTIFREEZE, MOTOR OIL, RETREAD
TIRES AND TRAFFIC CONTROL DEVICES;
(V) CARPETING AND FLOORING;
(VI) COMPOST AND MULCH; AND
(VII) PLASTIC CONTAINERS SUCH AS RECYCLING CONTAINERS AND COMPOST
BINS.
(E) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL WORK TO
DEVELOP STANDARDS AND CONTRACTS FOR ADDITIONAL RECYCLED CONTENT PRODUCTS
IDENTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY'S COMPREHEN-
SIVE PROCUREMENT GUIDELINES AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN
OF TITLE FORTY OF THE UNITED STATES CODE OF FEDERAL REGULATIONS, AS WELL
AS WATER AND WASTE MINIMIZING PRODUCTS SUCH AS DOUBLE-SIDED COPIERS AND
PRINTERS, WATERLESS AND LOW-FLOW PLUMBING DEVICES, AND COMPOSTING
TOILETS.
(F) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENCOURAGE
VENDOR RESPONSIBILITY FOR THE REUSE OR RECYCLING OF PACKAGING AND/OR
PRODUCTS AT THE END OF THEIR USEFUL LIFE.
(G) AGENCIES SHALL ENSURE THAT THEY INTEGRATE INCREASED RECYCLING
PRACTICES IN THE DISPOSAL OF THEIR OWN WASTE MATERIALS, INCLUDING BUT
NOT LIMITED TO PAPER, GLASS, CANS, PLASTIC BOTTLES, CONTAINERS, AND
ELECTRONIC EQUIPMENT. THIS EFFORT SHALL INCLUDE THE POSITIONING OF RECY-
CLING BINS IN THEIR OFFICES AND THE CONTRACTING FOR RECYCLING SERVICES
TO PICK UP AND RECYCLE THESE MATERIALS.
4. (A) IN DEVELOPING STANDARDS AND SPECIFICATIONS FOR ENVIRONMENTALLY
PREFERABLE PRODUCTS, THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM
SHALL ENCOURAGE AND PRIORITIZE THE PROCUREMENT OF GOODS THAT ARE GROWN,
MANUFACTURED, TRANSPORTED, AND HANDLED IN A SUSTAINABLE MANNER USING, TO
THE GREATEST EXTENT FEASIBLE, A LIFE-CYCLE ANALYSIS OF MATERIALS AND
OTHER INPUTS INTO THE PRODUCTION OF THE FINAL PRODUCT. SUCH GOODS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
(I) LUMBER AND BUILDING MATERIALS;
A. 10173--A 10
(II) ORGANIC AND LOCALLY GROWN FOODS;
(III) COMPOSTABLE FOOD SERVICE PRODUCTS; AND
(IV) BIO-BASED PRODUCTS SUCH AS LUBRICANTS, FOOD-SERVICE WARE, FUELS,
PLASTICS AND COATINGS.
S 159-I. BUSINESS DEVELOPMENT AND GUIDANCE. THE ENVIRONMENTALLY PREF-
ERABLE PRODUCTS PROGRAM SHALL COLLABORATE WITH RELEVANT STATE AGENCIES
TO PROMOTE ENVIRONMENTALLY PREFERABLE PRODUCTS AND SUSTAINABLE BUSINESS
SOLUTIONS TO NEW YORK COMPANIES AS WELL AS THOSE LOOKING TO RELOCATE TO
THE STATE. SUCH EFFORTS MAY INCLUDE GUIDANCE ON HOW SUSTAINABLE PRAC-
TICES AND ENVIRONMENTAL PURCHASING CAN RESULT IN A COMPETITIVE EDGE WHEN
BIDDING ON STATEWIDE CONTRACTS AND HOW THE USE OF ENVIRONMENTALLY PREF-
ERABLE PRODUCTS CAN REDUCE ENVIRONMENTAL IMPACTS WHILE MINIMIZING OPER-
ATING COSTS.
S 7. The general municipal law is amended by adding a new section
109-c to read as follows:
S 109-C. INTERGOVERNMENTAL AGREEMENTS. 1. FOR PURPOSES OF THIS
SECTION, THE TERM "PUBLIC AGENCY" SHALL MEAN ANY COUNTY, CITY, TOWN,
VILLAGE, SCHOOL DISTRICT, IMPROVEMENT DISTRICT OR DISTRICT CORPORATION
OF THE STATE OF NEW YORK.
2. ANY POWER OR POWERS, PRIVILEGE OR PRIVILEGES, AUTHORITY OR UNDER-
TAKING, EXERCISED OR CAPABLE OF EXERCISE, OR WHICH MAY BE ENGAGED IN,
AND ANY PUBLIC WORKS WHICH MAY BE UNDERTAKEN, BY A PUBLIC AGENCY ACTING
ALONE MAY BE EXERCISED, ENJOYED, ENGAGED IN OR UNDERTAKEN JOINTLY WITH
ANY OTHER PUBLIC AGENCY WHICH COULD LIKEWISE ACT ALONE.
3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN AGREEMENT
WITH ONE ANOTHER FOR JOINT OR COOPERATIVE ACTION PURSUANT TO THE
PROVISIONS OF THIS SECTION. APPROPRIATE ACTION BY ORDINANCE, RESOLUTION
OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE PARTICIPAT-
ING PUBLIC AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT SHALL
BECOME EFFECTIVE. ANY SEPARATELY LEGAL OR ADMINISTRATIVE ENTITY ESTAB-
LISHED HEREUNDER IS A PUBLIC CORPORATION AND MAY EXIST FOR THE LENGTH OF
TIME SET FORTH IN THE INTERGOVERNMENTAL AGREEMENT.
S 8. Section 409-i of the education law is REPEALED and a new section
409-i is added to read as follows:
S 409-I. IMPLEMENTATION OF THE ENVIRONMENTALLY PREFERABLE PRODUCTS
PROGRAM. 1. FOR THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL
MEAN:
(A) "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR
INSTRUCTION OF ELEMENTARY OR SECONDARY STUDENTS BY: (I) ANY SCHOOL
DISTRICT, INCLUDING A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOU-
SAND INHABITANTS OR MORE, (II) A BOARD OF COOPERATIVE EDUCATIONAL
SERVICES, (III) A CHARTER SCHOOL, (IV) AN APPROVED PRIVATE SCHOOL FOR
THE EDUCATION OF STUDENTS WITH DISABILITIES, (V) A STATE-SUPPORTED
SCHOOL FOR THE DEAF OR BLIND OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF
THIS CHAPTER, AND (VI) ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR
SECONDARY SCHOOL.
(B) "ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM" MEANS THE PROGRAM
DESCRIBED BY THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F OF THE
STATE FINANCE LAW.
2. ELEMENTARY AND SECONDARY SCHOOLS SHALL BE REQUIRED TO IMPLEMENT THE
STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREFERABLE PROGRAM CONSIST-
ENT WITH THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F OF THE STATE
FINANCE LAW.
3. THE COMMISSIONER OF GENERAL SERVICES SHALL DISSEMINATE TO ALL
ELEMENTARY AND SECONDARY SCHOOLS GUIDELINES AND SPECIFICATIONS FOR
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IMPLEMENTATION OF THE STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREF-
ERABLE PRODUCTS PROGRAM. THE COMMISSIONER OF GENERAL SERVICES SHALL
PROVIDE ASSISTANCE AND GUIDANCE TO ELEMENTARY AND SECONDARY SCHOOLS IN
CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
S 9. Section 163-b of the state finance law is REPEALED.
S 10. 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 ENVIRONMENTALLY PREFERABLE
PRODUCTS;
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 ENVIRONMENTALLY PREFERABLE
PRODUCTS 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 ENVIRONMENTALLY PREFERABLE PRODUCTS;
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 ENVIRON-
MENTALLY PREFERABLE PRODUCTS 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 ENVIRONMENTALLY PREFERABLE PRODUCTS; urging
their expanded consumption of [secondary] SUCH materials and products
and establishing markets for such [secondary] materials and products
through the use of letters of intent and such other techniques as the
commissioner may deem appropriate;
h. conduct market surveys of the potential consumers of secondary
materials and products manufactured with secondary materials AND OF
ENVIRONMENTALLY PREFERABLE PRODUCTS;
i. conduct surveys to determine the potential supply of secondary
materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS in the state;
l. provide information concerning local and regional markets for
secondary materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS;
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 11. 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 ENVIRONMENTALLY PREF-
ERABLE PRODUCTS to reduce the amount of waste and to promote energy and
resource conservation by the adoption OR USE of such technologies [or],
practices OR PRODUCTS by small and medium sized firms in New York state.
S 12. 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:
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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 ENVIRON-
MENTALLY PREFERABLE PRODUCTS, improve air or water quality and/or
improve process economics.
S 13. 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 ENVIRONMENTALLY PREFERABLE PRODUCTS within the
state. The provisions of this subdivision shall not be deemed to require
or authorize the disclosure of confidential information 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 14. 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 15. This act shall take effect on the sixtieth day after it shall
have become a law; provided, that the amendments to subparagraph (vii)
of paragraph b of subdivision 3 of section 163 of the state finance law
made by section five of this act shall not affect the repeal of such
section and shall be deemed repealed therewith; 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.