Assembly Bill A1582A

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

                                 1582--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, ESPAILLAT -- Multi-Sponsored by --
  M. of A.   BRENNAN,  CLARK,  COOK,  DINOWITZ,  JACOBS,  ORTIZ,  PERRY,
  J. RIVERA,  WEISENBERG  --  read once and referred to the Committee on
  Health -- recommitted to the Committee on Health  in  accordance  with
  Assembly  Rule  3, sec. 2 -- reported and referred to the Committee on
  Ways  and  Means  --  committee  discharged,  bill  amended,   ordered
  reprinted as amended and recommitted to said committee

AN  ACT  to  amend  the  public health law and the state finance law, in
  relation to the  procurement  and  use  of  environmentally  sensitive
  commodities and services by hospitals

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

  Section 1. The public health law is amended by adding  a  new  section
2805-u to read as follows:
  S  2805-U.    PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE COMMOD-
ITIES 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  THE  PUBLIC
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.
  (C)  "CONSTRUCTION  ITEM"  MEANS  ANY  ITEM  OR   MATERIAL   USED   IN
CONSTRUCTION AND WHICH IS PROCURED DIRECTLY BY A HOSPITAL OR BY A PERSON
UNDER CONTRACT BY A HOSPITAL.
  (D)  "SERVICE"  OR "SERVICES" MEANS THE PERFORMANCE OF A TASK OR TASKS
AND MAY INCLUDE A MATERIAL GOOD OR A QUANTITY  OF  MATERIAL  GOODS,  AND

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04832-02-0
              

A. 1582--A                          2

WHICH  IS SUBJECT OF ANY PURCHASE OR OTHER EXCHANGE. FOR THE PURPOSES OF
THIS SECTION, TECHNOLOGY SHALL BE DEEMED A SERVICE.
  2.  THE  COMMISSIONER  OF  GENERAL  SERVICES, IN CONSULTATION WITH THE
COMMISSIONER, SHALL ESTABLISH AND FROM TIME TO TIME AMEND GUIDELINES AND
SPECIFICATIONS FOR ENVIRONMENTALLY SENSITIVE  COMMODITIES  AND  SERVICES
FOR  USE  IN  HOSPITALS;  AND FOR USE IN THE CONSTRUCTION, RENOVATION OR
REPAIR OF HOSPITAL BUILDINGS AND  RELATED  FACILITIES.  SUCH  GUIDELINES
SHALL  BE  USED  TO  IDENTIFY  ENVIRONMENTALLY SENSITIVE COMMODITIES 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 COMMODITIES AND
SERVICES, INCLUDING BUT NOT LIMITED TO, THE UNITED STATES  ENVIRONMENTAL
PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSITIVE 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
HOSPITALS GUIDELINES AND SPECIFICATIONS FOR THE PURCHASE OR USE OF ENVI-
RONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN HOSPITALS; AND FOR USE
IN  THE  CONSTRUCTION,  RENOVATION  OR  REPAIR OF HOSPITAL BUILDINGS AND
RELATED FACILITIES. THE COMMISSIONER  OF  GENERAL  SERVICES  SHALL  ALSO
PREPARE  AND DISSEMINATE TO ALL HOSPITALS A SAMPLE LIST OF SUCH ENVIRON-
MENTALLY SENSITIVE COMMODITIES AND SERVICES THAT MEET  THESE  GUIDELINES
OR  SPECIFICATIONS  AND  THEIR ENVIRONMENTAL AND HEALTH BENEFITS.  EVERY
HOSPITAL SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE  LIST
WHEN   MAKING   DETERMINATIONS   AS  TO  THE  PURCHASE  OF  COMMODITIES,
CONSTRUCTION ITEMS OR SERVICES FOR USE IN THE HOSPITAL, OR  FOR  USE  IN
THE CONSTRUCTION, RENOVATION, OR REPAIR OF HOSPITAL BUILDINGS.
  4. ON OR BEFORE JUNE FIRST, TWO THOUSAND TWELVE, 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 HOSPITALS.
  S  2. 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 HOSPITALS IN ACCORDANCE WITH
SPECIFICATIONS   OR   GUIDELINES   PROMULGATED   PURSUANT   TO   SECTION
TWENTY-EIGHT HUNDRED FIVE-U OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it  shall  have  become a law; provided that the commissioners of health
and general services are authorized to promulgate any and all rules  and
regulations  and  take  any  other  measures  necessary to implement the
provisions of 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 two of  this  act,
shall not affect the repeal of such section and shall be deemed repealed
therewith.