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

                                 4640--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced by M. of A. ENGLEBRIGHT, ORTIZ, GALEF, ROSENTHAL -- 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.
                                                           LBD02895-03-4

              

A. 4640--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. 4640--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 FIFTEEN, THE OFFICE OF GENER-
AL 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.