senate Bill S537A

2009-2010 Legislative Session

Requires the commissioner of education and the commissioner of general services to promulgate standards for the procurement and use of non-toxic materials, equipment

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Archive: Last Bill Status - In Committee


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

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 07, 2010 print number 537a
amend and recommit to education
Jan 06, 2010 referred to education
Jan 07, 2009 referred to education

Bill Amendments

Original
A (Active)
Original
A (Active)

S537 - Bill Details

See Assembly Version of this Bill:
A1355A
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §409, add §409-l, Ed L; amd §163, St Fin L

S537 - Bill Texts

view summary

Requires the commissioner of education and the commissioner of general services to promulgate standards for the procurement and use of environmentally sensitive commodities and services for schools and boards of cooperative educational services; provides that these provisions shall be applicable to all school districts and boards of cooperative educational services.

view sponsor memo
BILL NUMBER: S537

TITLE OF BILL :
An act to amend the education law and the state finance law, in
relation to the procurement and use of environmentally sensitive
commodities and services


PURPOSE OR GENERAL IDEA OF BILL :
The purpose of the bill is to require the commissioner of education in
consultation with the commissioners of the office of general services,
the department of health, and the department of labor to create
specifications and guidelines for environmentally preferred
commodities and services for use in schools. The bill would also
require each school district to consider environmentally preferred
products and services when choosing which items, services, or
construction materials to procure for schools.

SUMMARY OF SPECIFIC PROVISIONS :
Section 1. Legislative Intent. Amends the education law to include
New York City school districts and boards of cooperative educational
services for the purposes of this act.

Section 2. Subdivision 1 of section 409 of the education law as
amended by section 4 of part L of chapter 405 of the laws of 1999,
amends the education law to require all school districts to comply
with section 409-j of this article.

Section 3. The education law is amended by adding a new section 409-j
which defines certain terms and amends the education law to require
the commissioner of education, in consultation with the commissioners
of general services, the department of health and the department of
labor, to establish guidelines and specifications for environmentally
preferred products and services. This section requires the
commissioner of education to disseminate the guide- lines and
specifications to all school districts for the purchase of
environmentally preferred products, services and construction
materials. The commissioner is also required to disseminate a sample
list of environmentally preferred commodities and services that meet
these specifications along with their related health benefits. School
districts must consider these specifications, guidelines, and list of
sample products and services when making procurement choices. School
districts must also notify the schools under their jurisdiction of the
guidelines, specifications, and lists of products and services. The
commissioners are also directed to already existing guidelines of the
federal environmental protection agency for the purpose of developing
appropriate criteria for the guidelines and specifications. A report
on the impact of this voluntary procurement program will be issued by
June 1, 2010 by the education department.

Section 4. Amends the state finance law to require OGS to develop a
list of firms that produce, manufacture, or offer for sale
environmentally preferred products.

Section 5. Effective Date.

JUSTIFICATION :
Reports of environmental problems in schools have raised public
concerns to new levels. Areas of particular concern include asbestos,
lead, pesticides, radon, electromagnetic fields, and indoor pollution
originating from new carpeting, copiers, glued roofing, paints,
cleaning agents and insulation. Students and school personnel have
experienced mild to serious health problems which interfere with
health, activity and ability to learn. Recent experiences in the New
York City public schools with closings and delays because of asbestos,
lead and sanitation problems, demonstrate the potential adverse impact
on education caused by environmentally-based health threats.
Additionally, when health threats are present, the costs to individual
districts and the State are enormous in terms of staff time and
effort, cleanup costs, school closings and liability. Schools are
major consumers and disposers of supplies and materials and can serve
as role models for environmentally responsible behavior with regard to
energy conservation, and reduced consumption and disposal of toxic and
hazardous materials. By requiring schools to consider purchasing
cleaner products and services, school environments and the health of
the state's children will benefit.

PRIOR LEGISLATIVE HISTORY :
2007-2008 - Education

FISCAL IMPLICATIONS :
None. The program is voluntary.

EFFECTIVE DATE :
July 1st next succeeding the date on which it shall become law.
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The Bill text is not available.

S537A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A1355A
Current Committee:
Senate Education
Law Section:
Education Law
Laws Affected:
Amd §409, add §409-l, Ed L; amd §163, St Fin L

S537A (ACTIVE) - Bill Texts

view summary

Requires the commissioner of education and the commissioner of general services to promulgate standards for the procurement and use of environmentally sensitive commodities and services for schools and boards of cooperative educational services; provides that these provisions shall be applicable to all school districts and boards of cooperative educational services.

view sponsor memo
BILL NUMBER:S537A

TITLE OF BILL:
An act to amend the education law and the state finance law, in
relation to the procurement and use of environmentally sensitive
commodities and services

PURPOSE OR GENERAL IDEA OF THE BILL:
The purpose of the bill is to require the commissioner of education in
consultation with the commissioners of the office of general services,
the department of health, and the department of labor to create
specifications and guidelines for environmentally preferred
commodities and services for use in schools. The bill would also
require each school district to consider environmentally preferred
products and services when choosing which items, services, or
construction materials to procure for schools.

SUMMARY OF PROVISIONS:
Section 1 amends the education law to include New York City school
districts and boards of cooperative educational services for the
purposes of this act.

Section 2 amends the education law to define certain terms and amends
the education law to require the commissioner of education, in
consultation with the commissioners of general services, the
department of health and the department of labor, to establish
guidelines and specifications for environmentally preferred products
and services. This section requires the commissioner of education to
disseminate the guidelines and specifications to all school districts
for the purchase of environmentally preferred products, services and
construction materials. The commissioner is also required to
disseminate a sample list of environmentally preferred commodities and
services that meet these specifications along with their related
health benefits. School districts must consider these specifications,
guidelines, and list of sample products and services when making
procurement choices. School districts must also notify the schools
under their jurisdiction of the guidelines, specifications, and lists
of products and services. The commissioners are also directed to
already existing guidelines of the federal environmental protection
agency for the purpose of developing appropriate criteria for the
guidelines and specifications. A report on the impact of this
voluntary procurement program will be issued by June first, 2009 by
the education department.

Section 3 amends the state finance law to require OGS to develop a
list of firms that produce, manufacture, or offer for sale
environmentally preferred products.

JUSTIFICATION:
Reports of environmental problems in schools have raised public
concerns to new levels. Areas of particular concern include asbestos,
lead, pesticides, radon, electromagnetic fields, and indoor pollution
originating from new carpeting, copiers, glued roofing, paints,
cleaning agents and insulation. Students and school personnel have
experienced mild to serious health problems which interfere with
health, activity and ability to learn. Recent experiences in the New


York City public schools with closings and delays because of asbestos,
lead and sanitation problems, demonstrate the potential adverse impact
on education caused by environmentally-based health threats.
Additionally, when health threats are present, the costs to individual
districts and the State are enormous in terms of staff time and
effort, cleanup costs, school closings and liability. Schools are
major consumers and disposers of supplies and materials and can serve
as role models for environmentally responsible behavior with regard to
energy conservation, and reduced consumption and disposal of toxic and
hazardous materials. By requiring schools to consider purchasing
cleaner products and services, school environments and the health of
the state's children will benefit.

LEGISLATIVE HISTORY:
2007-2008 - Education
2009-2010 - Education

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
180 days following enactment.

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

                                 537--A

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 7, 2009
                               ___________

Introduced  by  Sen.  ALESI  -- read twice and ordered printed, and when
  printed to be committed to the Committee on Education  --  recommitted
  to the Committee on Education in accordance with Senate Rule 6, sec. 8
  --  committee  discharged,  bill amended, ordered reprinted as amended
  and recommitted to said committee

AN ACT to amend the education law and the state finance law, in relation
  to the procurement and use of  environmentally  sensitive  commodities
  and services

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Legislative intent. The legislature finds and declares that
it shall be the policy of the state of New York to provide  every  child
with  an  environmentally safe and healthy learning environment in which
to grow, learn and mature into productive and healthy adults. The legis-
lature further finds that schools are major consumers and  disposers  of
supplies and materials, and that schools should serve as role models for
environmentally responsible behavior with regard to energy conservation,
reduced consumption and disposal of toxic and hazardous materials. Chil-
dren are uniquely vulnerable to and may be severely affected by exposure
to  chemicals,  hazardous  wastes and other environmental hazards, which
affect  their  learning  abilities  as  well  as  create  chemical-based
responses and sensitivities. When health threats are caused by the pres-
ence of toxic materials, the cost to individual school districts and the
state  are  enormous  in  terms of staff time and effort, cleanup costs,
school closing and liability. Therefore, to provide a safe  and  healthy
environment  for  our  children  in  school,  the legislature finds that
school districts should be informed of  and  consider  the  purchase  of
environmentally  sensitive  products  and services. It is the purpose of
this legislation to reduce as much as possible toxic exposures for chil-
dren and school staff.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03496-03-0

S. 537--A                           2

  S 2. Subdivision 1 of section 409 of the education law, as amended  by
section  4  of  part L of chapter 405 of the laws of 1999, is amended to
read as follows:
  1.  All  school buildings of common, union free, central, central high
school and city school districts other than  city  school  districts  of
cities  having  one hundred twenty-five thousand inhabitants or more and
boards of cooperative educational services shall comply with such  regu-
lations  as  the  commissioner  shall  adopt  from  time to time for the
purpose of insuring the  health  and  safety  of  pupils  and  staff  in
relation  to  proper  heating,  lighting,  ventilation,  sanitation  and
health, fire and accident protection, EXCEPT THAT SECTION  FOUR  HUNDRED
NINE-L  OF  THIS  ARTICLE SHALL APPLY TO ALL SCHOOL DISTRICTS, INCLUDING
CITY SCHOOL DISTRICTS OF CITIES HAVING ONE HUNDRED TWENTY-FIVE  THOUSAND
INHABITANTS OR MORE AND TO BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
  S  3.  The  education  law is amended by adding a new section 409-l to
read as follows:
  S 409-L. PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE  COMMODITIES
AND  SERVICES.  1.  FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL MEAN:
  (A) "ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES"  MEANS  THOSE
COMMODITIES  AND  SERVICES  THAT  MINIMIZE ADVERSE IMPACTS ON CHILDREN'S
HEALTH AND THE ENVIRONMENT AS DETERMINED BY THE COMMISSIONER OF  GENERAL
SERVICES.
  (B)  "COMMODITY"  OR  "COMMODITIES"  MEANS  MATERIAL, GOODS, SUPPLIES,
PRODUCTS, CONSTRUCTION ITEMS AND OTHER  STANDARD  ARTICLES  OF  COMMERCE
OTHER  THAN  TECHNOLOGY AND EXCLUDING CONTRACTS FOR STATE PRINTING WHICH
ARE THE SUBJECT OF ANY PURCHASE OR OTHER EXCHANGE.
  (C)  "CONSTRUCTION  ITEM"  MEANS  ANY  ITEM  OR   MATERIAL   USED   IN
CONSTRUCTION  AND  WHICH  IS  PROCURED  DIRECTLY BY A SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR BY A PERSON UNDER  CONTRACT
BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (D)  "SERVICE"  OR  "SERVICES" MEANS, EXCEPT WITH RESPECT TO CONTRACTS
FOR STATE PRINTING, THE PERFORMANCE OF A TASK OR TASKS AND MAY INCLUDE A
MATERIAL GOOD OR A QUANTITY OF MATERIAL GOODS, AND WHICH IS  SUBJECT  OF
ANY  PURCHASE OR OTHER EXCHANGE. FOR THE PURPOSES OF THIS SECTION, TECH-
NOLOGY SHALL BE DEEMED A SERVICE.
  2. THE COMMISSIONER OF GENERAL  SERVICES,  IN  CONSULTATION  WITH  THE
COMMISSIONER  AND THE COMMISSIONERS OF HEALTH AND LABOR, SHALL ESTABLISH
AND FROM TIME TO TIME AMEND GUIDELINES AND SPECIFICATIONS  FOR  ENVIRON-
MENTALLY  SENSITIVE  COMMODITIES  AND  SERVICES  FOR  USE IN ELEMENTARY,
SECONDARY AND VOCATIONAL SCHOOL BUILDINGS; FOR SCHOOL OR  SCHOOL-RELATED
ACTIVITIES  ON SCHOOL PROPERTIES; AND FOR USE IN THE CONSTRUCTION, RENO-
VATION OR REPAIR OF SUCH SCHOOL BUILDINGS AND RELATED  FACILITIES.  SUCH
GUIDELINES  SHALL  BE USED TO IDENTIFY ENVIRONMENTALLY SENSITIVE COMMOD-
ITIES AND SERVICES WHICH ARE AVAILABLE IN THE FORM, FUNCTION AND UTILITY
GENERALLY USED BY SUCH FACILITIES.  SUCH COMMISSIONERS SHALL REVIEW  AND
EVALUATE  EXISTING  RESEARCH REGARDING ENVIRONMENTALLY SENSITIVE COMMOD-
ITIES AND SERVICES, INCLUDING BUT NOT  LIMITED  TO,  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSI-
TIVE COMMODITIES AND SERVICES, FOR THE PURPOSE OF DEVELOPING APPROPRIATE
CRITERIA FOR SUCH GUIDELINES AND SPECIFICATIONS.
  3. THE COMMISSIONER OF  GENERAL  SERVICES  SHALL  DISSEMINATE  TO  ALL
SCHOOL  DISTRICTS  AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES GUIDE-
LINES AND SPECIFICATIONS FOR THE  PURCHASE  OR  USE  OF  ENVIRONMENTALLY
SENSITIVE  COMMODITIES  AND  SERVICES IN ELEMENTARY, SECONDARY AND VOCA-
TIONAL SCHOOL BUILDINGS; FOR  SCHOOL  OR  SCHOOL-RELATED  ACTIVITIES  ON

S. 537--A                           3

SCHOOL  PROPERTIES;  AND  FOR  USE  IN  THE CONSTRUCTION, RENOVATION, OR
REPAIR OF SUCH SCHOOL BUILDINGS AND RELATED FACILITIES. THE COMMISSIONER
OF GENERAL SERVICES SHALL ALSO PREPARE AND  DISSEMINATE  TO  ALL  SCHOOL
DISTRICTS  AND  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES A SAMPLE LIST
OF SUCH ENVIRONMENTALLY SENSITIVE COMMODITIES  AND  SERVICES  THAT  MEET
THESE  GUIDELINES  OR  SPECIFICATIONS AND THEIR ENVIRONMENTAL AND HEALTH
BENEFITS.   SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE  EDUCATIONAL
SERVICES  SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST
WHEN  MAKING  DETERMINATIONS  AS  TO  THE   PURCHASE   OF   COMMODITIES,
CONSTRUCTION  ITEMS  OR  SERVICES FOR USE IN A SCHOOL BUILDING OR BUILD-
INGS, FOR SCHOOL  OR  SCHOOL-RELATED  ACTIVITIES,  OR  FOR  USE  IN  THE
CONSTRUCTION,  RENOVATION, OR REPAIR OF SCHOOL BUILDINGS. WHERE APPLICA-
BLE AND APPROPRIATE, SCHOOL DISTRICTS AND BOARDS OF  COOPERATIVE  EDUCA-
TIONAL  SERVICES  SHALL INCLUDE EVIDENCE OF SUCH CONSIDERATION IN A PLAN
FOR THE CONSTRUCTION, RENOVATION OR REPAIR OF A  SCHOOL  BUILDING  WHICH
MUST  BE  SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT TO SECTION
FOUR HUNDRED EIGHT OF THIS ARTICLE.
  4. SCHOOL DISTRICTS AND BOARDS  OF  COOPERATIVE  EDUCATIONAL  SERVICES
SHALL  NOTIFY  ALL SCHOOLS UNDER THEIR JURISDICTIONS OF THE AVAILABILITY
OF SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST.
  5. ON OR BEFORE JUNE FIRST, TWO THOUSAND ELEVEN, THE OFFICE OF GENERAL
SERVICES AND THE DEPARTMENT SHALL JOINTLY ISSUE A  REPORT  PROVIDING  AN
ANALYSIS  OF  THE  IMPACT  OF  SUCH GUIDELINES AND SPECIFICATIONS ON THE
PURCHASING AND PROCUREMENT PRACTICES OF SCHOOL DISTRICTS AND  BOARDS  OF
COOPERATIVE EDUCATIONAL SERVICES.
  S  4. Paragraph b of subdivision 3 of section 163 of the state finance
law is amended by adding a new subparagraph (xii) to read as follows:
  (XII) MAINTAIN A LIST OF FIRMS WHICH PRODUCE OR MANUFACTURE  OR  OFFER
FOR SALE ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN THE FORM,
FUNCTION  AND  UTILITY  GENERALLY USED BY SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES IN ACCORDANCE  WITH  SPECIFICATIONS  OR
GUIDELINES  PROMULGATED  PURSUANT  TO SECTION FOUR HUNDRED NINE-L OF THE
EDUCATION LAW.
  S 5. This act shall take effect on the first of July  next  succeeding
the  date on which it shall have become a law; provided that the commis-
sioners of education and general services are authorized  to  promulgate
any  and all rules and regulations and take any other measures necessary
to implement this act on its effective date on or before such date;  and
provided, further, that the amendment to paragraph b of subdivision 3 of
section  163  of  the state finance law made by section four of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.

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