LBD02941-04-0
A. 7038--A 2
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
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.
A. 7038--A 3
S 4. 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-THREE members, including the commissioner, the state comp-
troller, the director of the budget [and], the commissioner of economic
development, THE COMMISSIONER OF HEALTH, AND THE COMMISSIONER OF ENVI-
RONMENTAL 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 represen-
tative 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] 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 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 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
A. 7038--A 4
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
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 FIFTEEN.
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 FOURTEEN.
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.
A. 7038--A 5
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
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.
A. 7038--A 6
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-
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.
A. 7038--A 7
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
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
A. 7038--A 8
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
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
A. 7038--A 9
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
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
A. 7038--A 10
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;
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, SERVICES AND TECHNOLO-
GIES 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
A. 7038--A 11
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
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.