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

                                  3642

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            January 28, 2013
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend chapter 154 of the laws of 1921, relating  to  the  Port
  Authority  of  New  York  and  New Jersey, in relation to establishing
  environmental standards for the Port Authority of  New  York  and  New
  Jersey

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

  Section 1. Chapter 154 of the laws  of  1921,  relating  to  the  Port
Authority of New York and New Jersey, is amended by adding a new article
X-A to read as follows:
                                ARTICLE X-A
  S  1.    DEFINITIONS.  FOR THE PURPOSES OF THIS ARTICLE, THE FOLLOWING
WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1. "BUILDING OR FACILITY" MEANS A SINGLE BUILDING  OR  FACILITY  OR  A
GROUP OF BUILDINGS OR STRUCTURES AT A SINGLE SITE THAT IS OWNED, LEASED,
OPERATED OR FUNDED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY THAT
EXCEEDS  TEN  THOUSAND  SQUARE  FEET  OF SPACE. FOR THE PURPOSES OF THIS
TITLE, THE TERM "FACILITY" SHALL INCLUDE ANY HIGHWAY, PARKWAY OR  PUBLIC
ROAD OWNED, OPERATED OR MAINTAINED BY THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY.
  2.  "COGENERATION"  MEANS THE SIMULTANEOUS GENERATION OF TWO DIFFERENT
FORMS OF USEFUL ENERGY USING ONE SINGLE PRIMARY ENERGY SOURCE,  SUCH  AS
THE  PRODUCTION OF ELECTRICITY USING WASTE ENERGY, SUCH AS STEAM; OR THE
USE OF STEAM FROM ELECTRIC POWER GENERATION AS A SOURCE OF HEAT.
  3. "DISTRIBUTED GENERATION" MEANS ELECTRICITY THAT IS  GENERATED  FROM
SMALL ENERGY SOURCES THAT ARE LOCATED NEAR OR IN THE BUILDING OR FACILI-
TY  WHERE  THE  ELECTRICITY IS USED. DISTRIBUTED ENERGY RESOURCE SYSTEMS
ARE SMALL-SCALE POWER GENERATION TECHNOLOGIES USED TO PROVIDE AN  ALTER-
NATIVE  TO OR ENHANCEMENT OF THE TRADITIONAL ELECTRIC POWER SYSTEM, SUCH
AS SOLAR PANELS OR SMALL WIND TURBINES.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07349-01-3
              

A. 3642                             2

  4. "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY  FROM
HYDROGEN  OR  HYDROCARBON FUEL THROUGH A NON-COMBUSTIVE ELECTRO-CHEMICAL
PROCESS.
  5.  "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING SOURC-
ES: SOLAR THERMAL,  PHOTOVOLTAICS,  WIND,  HYDROELECTRIC,  GEO-EXCHANGE,
TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS.
  S  2.  ENERGY  TARGETS.  1. ALL BUILDINGS OR FACILITIES OR VEHICLES OR
VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT  AUTHORITY  OF  NEW
YORK  AND  NEW  JERSEY PAYS DIRECTLY FOR ENERGY, OR OPERATED BY THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY, SHALL MEET THE  FOLLOWING  TARGETS
AND  TIMETABLE TO ACHIEVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS, ENERGY
AND WATER CONSUMPTION:
  (A) REDUCE GREENHOUSE GAS EMISSIONS THAT RESULT FROM PORT AUTHORITY OF
NEW YORK AND NEW JERSEY OPERATIONS FROM THE ESTABLISHED  BASELINE  MEAS-
UREMENTS   BY  FIFTEEN  PERCENT  BY  THE  YEAR  TWO  THOUSAND  EIGHTEEN,
TWENTY-FIVE PERCENT BY THE YEAR  TWO  THOUSAND  TWENTY-THREE  AND  FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT. EMISSION REDUCTIONS SHALL
BE  MEASURED  ON  AN ABSOLUTE BASIS AND NOT ADJUSTED FOR FACILITY EXPAN-
SION, LOAD GROWTH OR WEATHER;
  (B) REDUCE OVERALL ENERGY CONSUMPTION AT BUILDINGS  OR  FACILITIES  OR
VEHICLES OR VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT AUTHOR-
ITY  OF  NEW  YORK  AND NEW JERSEY PAYS DIRECTLY FOR ENERGY, BY THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY FROM THE ESTABLISHED BASELINE MEAS-
UREMENTS  BY  FIFTEEN  PERCENT  BY  THE  YEAR  TWO  THOUSAND   EIGHTEEN,
TWENTY-FIVE  PERCENT  BY  THE  YEAR  TWO THOUSAND TWENTY-THREE AND FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT;
  (C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
BY TEN PERCENT BY THE YEAR TWO THOUSAND EIGHTEEN, TWENTY PERCENT BY  THE
YEAR  TWO THOUSAND TWENTY-THREE AND THIRTY PERCENT BY THE YEAR TWO THOU-
SAND TWENTY-EIGHT; AND
  (D) OBTAIN BY GENERATION OR  PROCUREMENT  FIFTEEN  PERCENT  OF  ANNUAL
ELECTRICITY  CONSUMPTION  FROM RENEWABLE SOURCES AND/OR FROM DISTRIBUTED
GENERATION  OR  COGENERATION  BY  THE  YEAR   TWO   THOUSAND   EIGHTEEN,
TWENTY-FIVE  PERCENT  BY  THE  YEAR  TWO THOUSAND TWENTY-THREE AND FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT.
  2. THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  SHALL  ESTABLISH  A
BASELINE  MEASUREMENT OF GREENHOUSE GAS EMISSIONS, ELECTRICITY AND WATER
CONSUMPTION LEVELS FOR THE PERIOD BEGINNING JANUARY FIRST, TWO  THOUSAND
TEN  AND  ENDING  DECEMBER  THIRTY-FIRST,  TWO  THOUSAND ELEVEN FOR SUCH
BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET.  THE BASELINE MEASURE-
MENT SHALL BE THE AVERAGE OF THE TWO YEAR PERIOD.
  S 3. ENERGY ASSESSMENTS AND EFFICIENCY PLAN.  1.  ENERGY  ASSESSMENTS.
THE  PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY SHALL CONDUCT AN ANNUAL
ONSITE ASSESSMENT AND EVALUATION OF ENERGY  AND  WATER  CONSUMPTION  AND
EXPENSES  OF  ANY  BUILDING OR FACILITY IT OWNS, LEASES OR OPERATES. THE
ASSESSMENT SHALL INCLUDE THE FOLLOWING INFORMATION:
  (A) THE TOTAL NUMBER OF BUILDINGS  AND  FACILITIES  OWNED,  LEASED  OR
OPERATED  BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE TOTAL
SQUARE FOOTAGE FOR SUCH BUILDINGS AND FACILITIES;
  (B) THE TOTAL ANNUAL ENERGY CONSUMPTION, LISTED BY ENERGY SOURCE,  FOR
EACH BUILDING OR FACILITY;
  (C) THE TOTAL ANNUAL ENERGY COST CALCULATED PER SQUARE FOOT, AND LIST-
ED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY;
  (D) THE TOTAL ANNUAL WATER CONSUMPTION FOR EACH BUILDING OR FACILITY;
  (E)  THE  TOTAL ANNUAL COST FOR FUEL USED BY AUTHORITY-OWNED VEHICLES,
LISTED BY FUEL TYPE AND THE AVERAGE MILEAGE EFFICIENCY  OF  VEHICLES  BY

A. 3642                             3

VEHICLE  CLASS OWNED OR LEASED BY THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY; AND
  (F)  A  BREAKDOWN  BY PERCENTAGE OF THE TOTAL RENEWABLE ENERGY USED BY
EACH BUILDING OR FACILITY.
  2. ENERGY  EFFICIENCY  PLAN.  (A)  BASED  ON  THE  INITIAL  ASSESSMENT
CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PORT AUTHORI-
TY OF NEW YORK AND NEW JERSEY SHALL DEVELOP AN ENERGY EFFICIENCY PLAN TO
MEET  THE  TARGETS, GOALS AND TIMETABLE ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE OF SECTION TWO OF THIS ARTICLE. SUCH PLAN SHALL BE SUBMITTED TO
THE GOVERNORS AND LEGISLATURES OF BOTH STATES.
  (B) THE PLAN SHALL DESCRIBE SPECIFIC MEASURES TO BE  TAKEN  TO  REDUCE
THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY'S GREENHOUSE GAS EMIS-
SIONS, ENERGY AND WATER CONSUMPTION IN ACCORDANCE WITH SUCH TARGETS  AND
GOALS.  THE  PLAN SHALL ALSO DESCRIBE ANY POLICIES ADOPTED, AND PROJECTS
PURSUED, BY THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  TO  INCREASE
THE  USE OF RENEWABLE ENERGY SOURCES AND OTHER ALTERNATIVE SOURCES, SUCH
AS DISTRIBUTIVE GENERATION AND COGENERATION.
  (C) THE PLAN SHALL:
  (1) PROVIDE A  DETAILED  AND  COMPREHENSIVE  PLAN  FOR  ACHIEVING  THE
TARGETS AND GOALS SET FORTH IN SECTION TWO OF THIS ARTICLE; AND
  (2) BE IMPLEMENTED IN A COST-EFFECTIVE MANNER.
  (D)  THE  PLAN  SHALL  BE  AMENDED  TO  REFLECT ANY CHANGES OR UPDATES
REPORTED IN THE ANNUAL ASSESSMENT PURSUANT TO SUBDIVISION  ONE  OF  THIS
SECTION.
  (E)  WITH  RESPECT  TO BUILDINGS AND FACILITIES THAT CONTAIN LESS THAN
TEN THOUSAND SQUARE FEET IN SPACE, THE PORT AUTHORITY OF  NEW  YORK  AND
NEW JERSEY IS ENCOURAGED TO ASSESS, DEVELOP AND IMPLEMENT EFFICIENCY AND
WASTE MANAGEMENT PLANS CONSISTENT WITH THE TARGETS, GOALS AND TIMETABLES
REQUIRED PURSUANT TO THIS ARTICLE.
  S  4.  SOLID  WASTE  MANAGEMENT PLAN. 1. FOR PURPOSES OF THIS SECTION,
"SOLID WASTE" SHALL MEAN ALL PUTRESCIBLE AND  NON-PUTRESCIBLE  MATERIALS
OR  SUBSTANCES  DISCARDED OR REJECTED AS BEING SPENT, USELESS, WORTHLESS
OR IN EXCESS TO THE OWNERS AT THE TIME OF  SUCH  DISCARD  OR  REJECTION,
INCLUDING,  BUT  NOT LIMITED TO, GARBAGE, REFUSE, INDUSTRIAL AND COMMER-
CIAL WASTE, SLUDGES FROM  AIR  OR  WATER  CONTROL  FACILITIES,  RUBBISH,
ASHES,  CONTAINED  GASEOUS MATERIAL, INCINERATOR RESIDUE, DEMOLITION AND
CONSTRUCTION DEBRIS, DISCARDED AUTOMOBILES AND OFFAL BUT  NOT  INCLUDING
SEWAGE  AND  OTHER  HIGHLY DILUTED WATER CARRIED MATERIALS OR SUBSTANCES
AND THOSE IN GASEOUS FORM.  "SOLID  WASTE"  SHALL  NOT  INCLUDE  SOURCE,
SPECIAL  NUCLEAR  OR BY-PRODUCT MATERIAL AS DEFINED IN THE ATOMIC ENERGY
ACT OF 1954, AS AMENDED.
  2. (A) THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL PREPARE AND
SUBMIT TO THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF  ENVIRON-
MENTAL CONSERVATION AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPART-
MENT  OF ENVIRONMENTAL PROTECTION FOR REVIEW AND APPROVAL, A SOLID WASTE
MANAGEMENT PLAN FOR AT LEAST A TEN-YEAR PERIOD.
  (B) THE SOLID WASTE MANAGEMENT PLAN SHALL, AT A MINIMUM:
  (1) IDENTIFY, DESCRIBE AND CHARACTERIZE THE SOLID WASTE STREAM  TO  BE
MANAGED IN THE PLANNING PERIOD;
  (2)  ASSESS  EXISTING  AND  ALTERNATE  PROPOSED SOLID WASTE MANAGEMENT
PROGRAMS AND FACILITIES;
  (3) IDENTIFY THE PARTIES WITH RESPONSIBILITY TO IMPLEMENT EACH ELEMENT
OF THE PLAN AND THE STEPS WHICH MUST BE UNDERTAKEN BY EACH; AND
  (4) SET FORTH A TIMETABLE FOR IMPLEMENTING THE PLAN, INCLUDING  ESTAB-
LISHING ANNUAL GOALS.

A. 3642                             4

  (C)  SUCH  PLAN  SHALL  STRIVE  TO ACHIEVE THE OBJECTIVES OF THE STATE
SOLID WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THE  ENVI-
RONMENTAL  CONSERVATION LAW, PROVIDE FOR OR TAKE INTO ACCOUNT MANAGEMENT
OF ALL SOLID WASTE WITHIN THE PLANNING  UNIT,  AND  EMBODY,  AS  MAY  BE
APPROPRIATE  TO  THE  CIRCUMSTANCES,  SOUND  PRINCIPLES  OF  SOLID WASTE
MANAGEMENT,  NATURAL  RESOURCES  CONSERVATION,  ENERGY  PRODUCTION,  AND
EMPLOYMENT CREATING OPPORTUNITIES.
  (D)  THE PLAN SHALL BE DEEMED COMPLETE IF IT CONTAINS ALL THE ELEMENTS
SET FORTH IN PARAGRAPH (B) OF THIS  SUBDIVISION.  THEREAFTER  SUCH  PLAN
SHALL  BECOME  THE  SOLID  WASTE  MANAGEMENT PLAN IN EFFECT FOR THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY. IF THE PLAN AS SUBMITTED DOES  NOT
CONTAIN THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, THE
COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION  OR THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF ENVIRON-
MENTAL PROTECTION SHALL STATE THE  REASONS  FOR  ITS  DETERMINATION  AND
REQUIRE  THE  PORT  AUTHORITY OF NEW YORK AND NEW JERSEY TO RE-SUBMIT AN
AMENDED PLAN FOR APPROVAL.
  S 5. SUSTAINABILITY COORDINATOR. 1. THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY SHALL APPOINT A SUSTAINABILITY COORDINATOR TO ORGANIZE, COOR-
DINATE, OVERSEE AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT
ACTIVITIES OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE COORDI-
NATOR SHALL, AMONG OTHER DUTIES AND RESPONSIBILITIES:
  (A) PREPARE THE ENERGY EFFICIENCY AND SOLID WASTE MANAGEMENT PLANS;
  (B) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF  THE  EFFI-
CIENCY ACTIVITIES CONTAINED IN THE EFFICIENCY PLAN;
  (C)  ORGANIZE,  COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE SOLID
WASTE MANAGEMENT PLAN;
  (D) SUBMIT THE PROGRESS REPORTS REQUIRED PURSUANT TO SECTION EIGHT  OF
THIS ARTICLE; AND
  (E)  DISSEMINATE  ALL  APPLICABLE  INFORMATION TO AUTHORITY STAFF, AND
TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE-
MENT DATA.
  2. THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF  ENVIRONMENTAL
CONSERVATION  AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF
ENVIRONMENTAL PROTECTION SHALL DEVELOP AND CONDUCT  A  TRAINING  PROGRAM
FOR THE SUSTAINABILITY COORDINATOR AND ASSIST HIM OR HER WITH THE TRAIN-
ING OF APPROPRIATE STAFF, VENDORS AND CONTRACTORS.
  S  6.  NEW CONSTRUCTION, RENOVATIONS AND LEASES. 1. (A) THE DESIGN AND
CONSTRUCTION OF ANY NEW BUILDINGS  OR  FACILITIES,  OR  THE  SUBSTANTIAL
RENOVATION OF AN EXISTING BUILDING OR FACILITY, BY THE PORT AUTHORITY OF
NEW YORK AND NEW JERSEY SHALL COMPLY WITH THE ENVIRONMENTAL AND SUSTAIN-
ABILITY STANDARDS AND REGULATIONS PROMULGATED JOINTLY BY THE COMMISSION-
ER  OF  THE  NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND
THE COMMISSIONER OF THE NEW JERSEY  STATE  DEPARTMENT  OF  ENVIRONMENTAL
PROTECTION. THIS SUBDIVISION SHALL ALSO APPLY TO A BUILDING OR FACILITY,
FIFTY  PERCENT  OR  MORE OF THE FUNDING FOR THE PURCHASE, LEASE, DESIGN,
CONSTRUCTION OR SUBSTANTIAL RENOVATION THEREOF  IS  FUNDED  DIRECTLY  OR
INDIRECTLY BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
  (B)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "SUBSTANTIAL RENO-
VATION" SHALL MEAN: A  CAPITAL  PROJECT  IN  WHICH  THE  SCOPE  OF  WORK
INVOLVES  AT  LEAST TWO OF THE FOLLOWING PRIMARY BUILDING SYSTEMS: ELEC-
TRICAL, PLUMBING,  BOILER,  ELEVATOR,  HVAC,  ROOF  REPLACEMENT,  WINDOW
REPLACEMENT,  LIGHTING OR EXTERNAL MASONRY, PAINTING AND PLASTERING; AND
THE BUILDING AREA IN WHICH THE CONSTRUCTION IS PERFORMED WILL BE UNOCCU-
PIED DUE TO THE NATURE OF THE CONSTRUCTION FOR THIRTY DAYS OR MORE.

A. 3642                             5

  2. ANY LEASES ENTERED INTO BY THE PORT AUTHORITY OF NEW YORK  AND  NEW
JERSEY,  INCLUDING  THE  RENEGOTIATION  OR EXTENSION OF EXISTING LEASES,
SHALL:
  (A) INCORPORATE LEASE PROVISIONS THAT ENCOURAGE ENERGY AND WATER EFFI-
CIENCY WHEREVER LIFE-CYCLE COST-EFFECTIVE. BUILD-TO-SUIT LEASE SOLICITA-
TIONS SHALL CONTAIN CRITERIA ENCOURAGING SUSTAINABLE DESIGN AND DEVELOP-
MENT, ENERGY EFFICIENCY, AND VERIFICATION OF FACILITY PERFORMANCE;
  (B)  INCLUDE A PREFERENCE FOR FACILITIES HAVING THE ENERGY STAR BUILD-
ING LABEL IN THEIR SELECTION CRITERIA FOR ACQUIRING  LEASED  FACILITIES;
AND
  (C)  ENCOURAGE  LESSORS TO APPLY FOR AN ENERGY STAR BUILDING LABEL AND
TO EXPLORE AND IMPLEMENT PROJECTS  THAT  WILL  REDUCE  COSTS,  INCLUDING
PROJECTS CARRIED OUT THROUGH THE LESSORS' ENERGY-SAVINGS CONTRACTS.
  S  7.  PROCUREMENT.  1.  PROCUREMENT  FROM SPECIFICATION LIST. (A) ALL
PURCHASES OF COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE BY THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL BE PURSUANT TO  PROCURE-
MENT  LISTS AND SPECIFICATIONS PROMULGATED JOINTLY BY THE NEW YORK STATE
OFFICE OF GENERAL SERVICES AND THE NEW JERSEY STATE DIVISION OF PURCHASE
AND PROPERTY.
  (B) IN ADDITION, THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  SHALL
PROCURE  COMMODITIES,  EQUIPMENT, SERVICES AND TECHNOLOGIES THAT MEET OR
EXCEED THE FOLLOWING MINIMUM SPECIFICATIONS:
  (1) RECYCLED CONTENT. ALL COPY PAPER  AND  OTHER  PAPER  SUPPLIES  FOR
WHICH  THE  UNITED  STATES ENVIRONMENTAL PROTECTION AGENCY HAS DEVELOPED
RECYCLED CONTENT RECOMMENDATIONS PURSUANT TO SECTION SIX THOUSAND TWO OF
THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED  TO
MEET  OR  EXCEED THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MINIMUM
POST-CONSUMER MATERIAL  CONTENT  PERCENTAGES  RECOMMENDED  IN  THE  MOST
RECENT  RECOVERED MATERIALS ADVISORY NOTICE ISSUED FOR SUCH COMMODITY IN
THE FEDERAL REGISTER; PROVIDED, HOWEVER, THAT  XEROGRAPHIC  PAPER  SHALL
CONTAIN  NO LESS THAN THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. ALL
COPY AND JANITORIAL PAPER SHALL BE PROCESSED CHLORINE-FREE TO THE EXTENT
PRACTICABLE. ALL STATE AUTHORITIES SHALL PRINT PUBLICATIONS ON  RECYCLED
PAPER,  AND MINIMUM PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH PAPER
EXCEED THE COST OF OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT.
  (2) WASTE REDUCTION. STATE AUTHORITIES SHALL SEEK TO REDUCE  WASTE  IN
PRODUCTS AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES TO PROMOTE
THE  USE  OF  DOUBLE-SIDED  COPYING  AND PRINTING TO THE GREATEST EXTENT
PRACTICABLE. STATE AUTHORITIES SHALL FAVOR DURABILITY, REPAIRABILITY AND
REUSE WHEN PURCHASING SUPPLIES.
  2. IF A COMMODITY OR EQUIPMENT IS NOT ON  THE  PROCUREMENT  LIST,  THE
PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY SHALL SELECT ENERGY STAR AND
ENERGY-EFFICIENT PRODUCTS WHEN ACQUIRING ENERGY-USING PRODUCTS OR EQUIP-
MENT. FOR PRODUCTS OR EQUIPMENT FOR WHICH ENERGY STAR LABELS ARE NOT YET
AVAILABLE, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY  SHALL  PROCURE
PRODUCTS  AND  EQUIPMENT  WITH THE HIGHEST ENERGY EFFICIENCY RATINGS FOR
SUCH PRODUCTS OR EQUIPMENT AS IS PRACTICABLE.
  3. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY MAY PROCURE A COMMOD-
ITY, EQUIPMENT, SERVICE OR TECHNOLOGY THROUGH A PROCESS  THAT  DOES  NOT
COMPLY  WITH THIS SECTION WHEN THE PURCHASE OF THE COMMODITY, EQUIPMENT,
SERVICE OR TECHNOLOGY IS NECESSARY TO  RESPOND  TO  AN  EMERGENCY  WHICH
ENDANGERS  PUBLIC HEALTH OR SAFETY, PROVIDED SUCH AUTHORITY SHALL WITHIN
SEVEN BUSINESS DAYS FILE A WRITTEN REPORT WITH  THE  AUTHORITY'S  BUDGET
OFFICE  AND THE OFFICE OF THE STATE COMPTROLLER, WHICH SHALL BECOME PART
OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
MATION:

A. 3642                             6

  (A) A DESCRIPTION OF THE  EMERGENCY  THAT  PREVENTED  COMPLIANCE  WITH
SUBDIVISIONS ONE AND TWO OF THIS SECTION;
  (B)  THE  NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (C) A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC  HEALTH
AND SAFETY DURING THE EMERGENCY; AND
  (D)  AN  EXPLANATION  OF  HOW  SUCH AN EMERGENCY CAN BE AVOIDED IN THE
FUTURE.
  4. (A) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
THE  PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY, WHEN PROCURING COMMOD-
ITIES, EQUIPMENT, SERVICES OR  TECHNOLOGY  SHALL  FOLLOW  PRACTICES  AND
DEVELOP  SOLICITATION  SPECIFICATIONS  THAT  MEET  OR EXCEED THE MINIMUM
SPECIFICATIONS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. ALL  SUCH
CONTRACTS SHALL INCLUDE A STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFI-
CATIONS WERE MET.
  (B)  IN  THE  EVENT THAT THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
RECEIVES NO BIDS OR PROPOSALS THAT  MEET  THE  SPECIFICATIONS  DEVELOPED
PURSUANT  TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH AUTHORITY MAY WITH-
DRAW THE REQUEST FOR BIDS OR PROPOSALS AND BEGIN A NEW PROCUREMENT  WITH
NEW  SPECIFICATIONS THAT DO NOT MEET THE SPECIFICATIONS DEVELOPED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND AWARD A CONTRACT IN ACCORD-
ANCE WITH OTHER APPLICABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHOR-
ITY SHALL DOCUMENT THE REASONS WHY SUCH PROCUREMENT DOES  NOT  MEET  THE
MINIMUM  SPECIFICATIONS  ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION,
AND SUBMIT  SUCH  DOCUMENTATION  FOR  INCLUSION  IN  THE  ANNUAL  REPORT
REQUIRED  PURSUANT  TO THIS ARTICLE AND TO THE OFFICE OF THE STATE COMP-
TROLLER OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE COMPTROLLER
OF THE STATE OF NEW JERSEY FOR INCLUSION IN THE PROCUREMENT RECORD.
  5. (A) NOTHING IN THIS SECTION SHALL BE  CONSTRUED  AS  REQUIRING  THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIP-
MENT,  SERVICE  OR  TECHNOLOGY THAT DOES NOT MEET THE FORM, FUNCTION AND
UTILITY REQUIRED BY SUCH AUTHORITY, OR AS REQUIRING THE  PORT  AUTHORITY
OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR
TECHNOLOGY  THE  COST OF WHICH EXCEEDS THE COST OF AN ALTERNATIVE AVAIL-
ABLE COMMODITY OR SERVICE BY MORE THAN TEN PERCENT.
  (B) WHEN DETERMINING AND COMPARING COSTS, THE PORT  AUTHORITY  OF  NEW
YORK  AND NEW JERSEY SHALL CONSIDER THE FOLLOWING DEFINITION. "COSTS" AS
USED IN THIS ARTICLE SHALL BE  QUANTIFIABLE  AND  MAY  INCLUDE,  WITHOUT
LIMITATION,  THE PRICE OF THE GIVEN GOOD OR SERVICE BEING PURCHASED; THE
ADMINISTRATIVE, TRAINING, STORAGE, MAINTENANCE OR OTHER OVERHEAD ASSOCI-
ATED WITH A GIVEN GOOD OR SERVICE; THE  VALUE  OF  WARRANTIES,  DELIVERY
SCHEDULES,  FINANCING  COSTS  AND  FOREGONE OPPORTUNITY COSTS ASSOCIATED
WITH A GIVEN GOOD OR SERVICE; AND THE  LIFE  SPAN  AND  ASSOCIATED  LIFE
CYCLE  COSTS  OF  THE  GIVEN GOOD OR SERVICE BEING PURCHASED. LIFE CYCLE
COSTS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, COSTS OR SAVINGS ASSOCI-
ATED WITH CONSTRUCTION, ENERGY USE, MAINTENANCE, OPERATION, AND  SALVAGE
OR DISPOSAL.
  6.  TRAINING  AND  EDUCATION.  THE  NEW  YORK  STATE OFFICE OF GENERAL
SERVICES AND THE NEW JERSEY STATE DIVISION  OF  PURCHASE  AND  PROPERTY,
WITH  THE  ASSISTANCE  OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AND  THE  NEW  JERSEY  STATE  DEPARTMENT  OF  ENVIRONMENTAL
PROTECTION,  THE  NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW JERSEY
STATE DEPARTMENT OF HEALTH AND SENIOR SERVICES, AND THE  OFFICE  OF  THE
STATE  COMPTROLLER  OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE
COMPTROLLER OF THE STATE OF NEW JERSEY,  WITHIN  TWELVE  MONTHS  OF  THE
EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTATION OF

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A  TRAINING  PROGRAM  FOR SENIOR MANAGERS AND PORT AUTHORITY OF NEW YORK
AND NEW JERSEY STAFF INVOLVED IN PROCUREMENT TO  FAMILIARIZE  THEM  WITH
THEIR  RESPONSIBILITIES  UNDER THIS SECTION AND ENSURE THE EFFECTIVE AND
EFFICIENT IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. SUCH PROGRAM
SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING.
  S  8.  REPORTS. 1. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL
PREPARE AND SUBMIT TO THE GOVERNORS OF THE STATES OF NEW  YORK  AND  NEW
JERSEY  AND  THE STATE LEGISLATURES OF NEW YORK AND NEW JERSEY AN ANNUAL
PROGRESS REPORT IN A FORM OR  MANNER,  CONTAINING  SUCH  INFORMATION  OR
DATA,  AND  ON  SUCH DATE DETERMINED BY THE COUNCIL. THE REPORT SHALL BE
CERTIFIED AS ACCURATE AND COMPLETE BY THE EXECUTIVE DIRECTOR OF THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY.
  2. AT A MINIMUM, SUCH REPORT SHALL DESCRIBE:
  (A) THE PORT AUTHORITY OF NEW  YORK AND NEW JERSEY'S EFFORTS REGARDING
REDUCTION IN ENERGY AND WATER CONSUMPTION; WASTE REDUCTION AND RECYCLING
ACTIVITIES; RECYCLED PRODUCT PROCUREMENT; QUANTITIES OF  MATERIAL  RECY-
CLED;
  (B)  THE  PROGRESS MADE TOWARD ACHIEVING THE TARGET AND GOALS MANDATED
IN THIS ARTICLE;
  (C) THE PROGRESS MADE TOWARD INCREASING THE USE  OF  RENEWABLE  ENERGY
SOURCES; AND
  (D)  BARRIERS  TO  ACHIEVING  PROGRESS  TOWARD MEETING THE TARGETS AND
GOALS.
  S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction  to
be  invalid,  the  judgment  shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly  involved  in  the
controversy in which the judgment shall have been rendered.
  S  3.  This  act  shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with  this
act,  but  if  the  state  of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided  that  the
chairman  of  the port authority of New Jersey shall notify the legisla-
tive bill drafting commission upon the occurrence of  the  enactment  of
the  legislation  provided  for in section one of this act in order that
the commission may maintain an accurate and timely effective  data  base
of the official text of the laws of the state of New York in furtherance
of  effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.