senate Bill S2644

2011-2012 Legislative Session

Expands the products which may be purchased for public use

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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
Jan 04, 2012 referred to environmental conservation
Jan 27, 2011 referred to environmental conservation

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S2644 - Bill Details

Current Committee:
Law Section:
Environmental Conservation Law
Laws Affected:
Amd §3-0301, En Con L; amd §104-a, Gen Muni L
Versions Introduced in 2009-2010 Legislative Session:
S1000

S2644 - Bill Texts

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Expands the products which may be purchased for public use by including renewable energy resources; further increases the cost premium percentage of a product deemed reasonably competitive.

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BILL NUMBER:S2644

TITLE OF BILL:
An act
to amend the environmental conservation law and the
general municipal law, in relation to permitting
the purchase of renewable energy sources in the awarding of public
contracts

PURPOSE:
Provides that certain contracts for products for public use that
consider electricity from renewable sources shall not be subject to
provisions regarding the lowest bid.

SUMMARY OF SPECIFIC PROVISIONS:
Section 1: Amends section 3-0301 of
the Environmental Conservation Law by adding a new paragraph (00),
which encourages municipalities to use renewable energy sources when
purchasing products for public use.

Section 2: Amends section 104-a of the general municipal law by
including renewable energy as a product which may be purchased for
public use. The section also defines "reasonably competitive" prices
for renewable energy as fifteen percent above the cost of a
comparable product. This is the same percentage used in defining
"reasonably competitive" for products which a locality can purchase
if they are composed of at least fifty percent recycled material.

Section 3: Provides the effective date.

Present law requires public product contracts to be given to the
lowest responsible bidder. Because of this, contracts for electricity
from renewable energy are rarely considered due to the fact that in
some instances renewable energy is more expensive.

JUSTIFICATION:
Under the General Municipal Law,
products which are
bought for public use must be bought for the lowest bid. However,
under Section 104-a, recycled products can be purchased for public
use even if they are not the lowest priced product. As the law
currently stands, energy is not included under Section 104-a.
However, the aim of the original law was to promote environmentally
friendly purchasing or at minimum not discourage the purchasing of
environmentally friendly products, therefore it makes sense to
include renewable energy. Allowing localities to purchase renewable
energy at a slightly higher premium, in lieu of a cheaper but less
ecologically sound form of energy, is a logical continuation of the
current state policy.

PRIOR LEGISLATIVE HISTORY:
S.898 of 2005/06; Referred to Local Government
S.4472A of 2007/2008; Referred to Environmental Conservation
S.3855 of 2009/2010; Referred to Environmental

FISCAL IMPLICATIONS:


None.

EFFECTIVE DATE:
This act shall take effect on the first of January
next succeeding the date on which it shall have become a law.

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

                                  2644

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Environ-
  mental Conservation

AN ACT to amend the  environmental  conservation  law  and  the  general
  municipal  law,  in  relation  to permitting the purchase of renewable
  energy sources in the awarding of public contracts

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

  Section  1.  Subdivision  1  of  section  3-0301  of the environmental
conservation law is amended by adding a new  paragraph  oo  to  read  as
follows:
  OO.  ENCOURAGE OFFICERS, BOARDS AND AGENCIES OF POLITICAL SUBDIVISIONS
TO USE RENEWABLE ENERGY SOURCES WHEN PURCHASING PRODUCTS FOR PUBLIC USE;
  S 2. Section 104-a of the general municipal law, as amended by chapter
468 of the laws of 1994, is amended to read as follows:
  S 104-a. Purchasing of products for public use.    1.  Notwithstanding
the  provisions  of section one hundred three of this [chapter] ARTICLE,
when purchasing products the officer, board or agency of  any  political
subdivision  or  of  any  district  therein charged with the awarding of
public contracts may, wherever RENEWABLE ENERGY  RESOURCES  OR  recycled
products  meet contract specifications and the price of such products is
reasonably competitive, purchase such products. For the purpose of  this
section  [and  until  July first, nineteen hundred ninety-six, "recycled
product" shall mean any product which has been manufactured from second-
ary materials, as defined in subdivision  one  of  section  two  hundred
sixty-one  of the economic development law, and meets secondary material
content requirements adopted by the office  of  general  services  under
subdivision  one  of  section  one  hundred  seventy-seven  of the state
finance law for products  available  to  the  political  subdivision  or
district  under  state contract or, if no such contract for such product
is available, any product which meets  the  secondary  material  content

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06960-01-1

S. 2644                             2

requirements  adopted  by  the political subdivision or district thereof
with respect to a specific commodity procurement by such entity. On  and
after July first, nineteen hundred ninety-six,]:
  (A) "recycled product" shall mean[, for the purposes of this section,]
any  product  which is manufactured from secondary materials, as defined
in subdivision one of section two  hundred  sixty-one  of  the  economic
development  law, and which meets the requirements of subdivision two of
section 27-0717 of the environmental conservation  law  and  regulations
promulgated pursuant thereto[. For the purpose of this section,];
  (B)  "RENEWABLE ENERGY RESOURCES" SHALL INCLUDE SOURCES THAT ARE CAPA-
BLE OF BEING CONTINUOUSLY RESTORED BY NATURAL OR OTHER MEANS OR  ARE  SO
LARGE  AS  TO BE USEABLE FOR CENTURIES WITHOUT SIGNIFICANT DEPLETION AND
INCLUDE SOLAR, WIND, PHOTOVOLTAICS, METHANE  WASTE,  TIDAL,  GEOTHERMAL,
AND FUEL CELL TECHNOLOGIES; AND
  (C) "reasonably competitive" shall mean:
  (I)  that  the  cost  of  the  recycled product does not exceed a cost
premium of ten percent above the cost of a comparable  product  that  is
not  a  recycled  product or, if at least fifty percent of the secondary
materials utilized in the manufacture of that product are generated from
the waste stream in New York state, the cost  of  the  recycled  product
does  not  exceed  a cost premium of fifteen percent above the cost of a
comparable product that is not a recycled product; OR
  (II) THAT THE COST OF THE RENEWABLE ENERGY RESOURCE DOES NOT EXCEED  A
COST  PREMIUM  OF FIFTEEN PERCENT ABOVE THE COST OF A COMPARABLE PRODUCT
THAT IS NOT A RENEWABLE ENERGY RESOURCE.
  2. Whenever such officer, board or agency shall purchase or cause  the
purchase  of  printing on recycled paper pursuant to this section, he or
she shall require the printed material to  contain  the  official  state
recycling  emblem  established  pursuant  to  subdivision two of section
27-0717 of the environmental conservation law and regulations promulgat-
ed pursuant thereto if such paper has been approved by the department of
environmental conservation as satisfying the requirements of such  stat-
ute and regulations, or, if such paper has not been so approved, require
the  printed material to include a printed statement which indicates the
percentages of pre-consumer and post-consumer recycled material  content
of such paper.
  S  3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become  a  law;  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
effective date are authorized and directed to be made and  completed  on
or before such effective date.

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