S T A T E O F N E W Y O R K
________________________________________________________________________
1355--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, ORTIZ, KOON, GALEF -- read once and
referred to the Committee on Education -- recommitted to the Committee
on Education in accordance with Assembly Rule 3, sec. 2 -- 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.
LBD03496-02-0
A. 1355--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
A. 1355--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.