Assembly Bill A6012

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

                                  6012

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                             March 13, 2013
                               ___________

Introduced by M. of A. GIGLIO -- read once and referred to the Committee
  on Environmental Conservation

AN  ACT  to  amend the state finance law, the general municipal law, the
  education law, the economic  development  law  and  the  environmental
  conservation  law,  in  relation to state environmental purchasing and
  intergovernmental agreements; and  to  repeal  section  409-i  of  the
  education  law  and section 163-b of the state finance law relating to
  environmentally-sensitive cleaning and maintenance products

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

  Section  1.  This act shall be known and may be cited as the "New York
state environmental purchasing act".
  S 2. Subdivision 5 of section 160 of the state finance law,  as  added
by chapter 83 of the laws of 1995, is amended to read as follows:
  5.  "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 associated 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 associated with RAW MATERIALS, PRODUCTION,  MANUFACTUR-
ING,  construction,  PACKAGING,  DISTRIBUTION,  USE, energy use, mainte-
nance, operation, and salvage or disposal,  AND  ANY  ASSOCIATED  PUBLIC
HEALTH AND ENVIRONMENTAL COSTS.
  S  3. Paragraph a of subdivision 1 of section 161 of the state finance
law, as amended by chapter 452 of the laws of 2012, is amended  to  read
as follows:
  a.  The state procurement council shall continuously strive to improve
the state's procurement process.  Such council shall consist  of  [twen-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09570-01-3
              

A. 6012                             2

ty-one]  TWENTY-THREE  members,  including  the  commissioner, the state
comptroller, the director of the budget,  the  chief  diversity  officer
[and],  the commissioner of economic development[,] AND THE COMMISSIONER
OF ENVIRONMENTAL CONSERVATION or their respective designees; [seven] SIX
members  who  shall be the heads of other large and small state agencies
chosen by the governor,  or  their  respective  designees;  one  member,
appointed  by the governor, representing a not-for-profit New York-based
organization engaged in the marketing and/or promotion of New York grown
farm and agricultural products or a not-for-profit New York-based organ-
ization engaged solely in the advocacy, marketing  and/or  promotion  of
organic New York grown farm and agricultural products to be limited to a
two year term; and [eight] TWELVE at large members appointed as follows:
[three]  FOUR appointed by the temporary president of the senate, one of
whom shall be a representative of local government [and],  one  of  whom
shall be a representative of private business AND ONE OF WHOM SHALL BE A
REPRESENTATIVE  OF  AN ORGANIZATION WHOSE PRIME FUNCTION IS THE ENHANCE-
MENT OF PUBLIC HEALTH OR THE ENVIRONMENT; [three] FOUR appointed by  the
speaker  of the assembly, one of whom shall be a representative of local
government [and], one of whom shall be a representative of private busi-
ness AND ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION  WHOSE
PRIME  FUNCTION  IS THE ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRONMENT;
one appointed by the minority leader of the senate; and,  one  appointed
by  the  minority  leader  of the assembly; and two non-voting observers
appointed as follows: one appointed by the temporary  president  of  the
senate  and one appointed by the speaker of the assembly. The non-voting
observers shall be provided, contemporaneously,  all  documentation  and
materials  distributed  to  members. The council shall be chaired by the
commissioner and shall meet at least quarterly.
  S 4. Paragraphs k, l, m and n of subdivision 2 of section 161  of  the
state finance law, paragraphs k and l as added by chapter 83 of the laws
of 1995, paragraph m as amended by section 13 of part L of chapter 55 of
the  laws  of  2012,  paragraph n as added by chapter 173 of the laws of
2010, are amended and a new paragraph o is added to read as follows:
  k. Report by December thirty-first, nineteen hundred  ninety-five  and
thereafter  biennially to the governor, the legislature and the director
of the budget, the significant findings of the  council  including,  but
not limited to, substantial savings generated by council initiatives and
the  recommendations  of  the council concerning the state's procurement
practices; [and]
  l. Undertake other related activities as are necessary  to  effectuate
this  article  including  the  development  of  a strategic plan for the
improvement of state procurement[.];
  m. Establish and, from time to time, amend guidelines with respect  to
publishing by state agencies of quarterly listings of projected procure-
ments  having  a  value greater than five thousand dollars but less than
fifty thousand  dollars  in  the  procurement  opportunities  newsletter
established by article four-C of the economic development law[.];
  n.  Recommend  to  the  commissioner  necessary legislative changes or
modifications to existing or proposed rules, regulations and  procedures
that would increase access to the state's procurement process by minori-
ty-owned  business  enterprises and women-owned business enterprises and
create model language to be used by agencies when issuing  requests  for
bids  or  proposals to other solicitations or offers that would increase
the ability of small businesses to participate in state procurements[.];
AND

A. 6012                             3

  O. MAKE RECOMMENDATIONS TO THE COMMISSIONER FOR "TARGET CATEGORIES" OF
COMMODITIES, SERVICES AND/OR TECHNOLOGIES WHICH FOR THE PURPOSES OF THIS
SECTION SHALL MEAN BROAD  CATEGORIES  OF  COMMODITIES,  SERVICES  AND/OR
TECHNOLOGIES  ROUTINELY  PROCURED BY THE STATE WHICH MAY HAVE AN ADVERSE
IMPACT  ON  PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH MORE ENVIRON-
MENTALLY  PREFERABLE  PRODUCTS  SHOULD  BE  IDENTIFIED  AND  SUBSTITUTED
CONSISTENT  WITH  THE  GOALS AND STANDARDS SET FORTH IN ARTICLE TEN-A OF
THIS CHAPTER.
  S 5. Subparagraph (vii) of paragraph b of subdivision 3 of section 163
of the state finance law, as added by chapter 584 of the laws  of  2005,
is amended to read as follows:
  (vii)  maintain  a list of contractors which produce or manufacture or
offer  for  sale  [environmentally-sensitive  cleaning  and  maintenance
products  in the form, function and utility generally used by elementary
and secondary schools] ENVIRONMENTALLY PREFERABLE PRODUCTS in accordance
with specifications or guidelines promulgated pursuant to [section  four
hundred nine-i of the education law] ARTICLE TEN-A OF THIS CHAPTER.
  S  6. The state finance law is amended by adding a new article 10-A to
read as follows:
                               ARTICLE 10-A
                     STATE ENVIRONMENTAL PURCHASING
SECTION 159-A. DEFINITIONS.
        159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE.
        159-C. AGENCY ENVIRONMENTAL EXECUTIVES.
        159-D. INTERAGENCY  COMMITTEE  ON   SUSTAINABILITY   AND   GREEN
                 PROCUREMENT.
        159-E. ISSUE-SPECIFIC TASK FORCES.
        159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM.
        159-G. STATE AGENCY RESPONSIBILITIES.
        159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES.
        159-I. BUSINESS DEVELOPMENT AND GUIDANCE.
  S 159-A. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
  1.  "ENERGY  STAR" MEANS A DESIGNATION FROM THE UNITED STATES ENVIRON-
MENTAL PROTECTION AGENCY OR DEPARTMENT OF ENERGY INDICATING THAT A PROD-
UCT MEETS THE ENERGY EFFICIENCY STANDARDS SET FORTH BY  THE  AGENCY  FOR
COMPLIANCE WITH THE ENERGY STAR PROGRAM.
  2. "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR INSTRUC-
TION  OF  ELEMENTARY  OR SECONDARY STUDENTS BY: (A) ANY SCHOOL DISTRICT,
INCLUDING A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL DISTRICT IN  A
CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS
OR  MORE, (B) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (C) A CHARTER
SCHOOL, (D) AN APPROVED PRIVATE SCHOOL FOR  THE  EDUCATION  OF  STUDENTS
WITH  DISABILITIES,  (E)  A STATE-SUPPORTED SCHOOL FOR THE DEAF OR BLIND
OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW,  AND  (F)
ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL.
  3. "ENVIRONMENTALLY PREFERABLE PRODUCTS" MEANS BUT SHALL NOT BE LIMIT-
ED  TO  PRODUCTS AND SERVICES THAT: CONTAIN RECYCLED MATERIALS, CONSERVE
ENERGY OR WATER, MINIMIZE WASTE, ARE LESS TOXIC  AND  HAZARDOUS,  REDUCE
THE  GENERATION,  RELEASE  OR DISPOSAL OF TOXIC SUBSTANCES, PROTECT OPEN
SPACE, AND/OR OTHERWISE LESSEN THE IMPACT OF SUCH PRODUCTS  OR  SERVICES
ON PUBLIC HEALTH AND THE ENVIRONMENT.
  4. "ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL" MEANS A TOOL FOR
EVALUATING THE ENVIRONMENTAL PERFORMANCE OF ELECTRONIC PRODUCTS THROUGH-
OUT  THEIR  LIFE  CYCLE  DEVELOPED  BY  THE FEDERAL GOVERNMENT AND OTHER
STAKEHOLDERS.

A. 6012                             4

  5. "INDEPENDENT AGENCIES" MEANS ANY  PUBLIC  BENEFIT  CORPORATIONS  OR
PUBLIC AUTHORITIES NOT INCLUDED IN THE DEFINITION OF STATE AGENCIES.
  6.  "RECOVERED  MATERIALS"  MEANS WASTE MATERIALS AND BYPRODUCTS WHICH
HAVE BEEN RECOVERED OR DIVERTED FROM SOLID WASTE, BUT SUCH TERM DOES NOT
INCLUDE THOSE MATERIALS  AND  BYPRODUCTS  GENERATED  FROM  AND  COMMONLY
REUSED WITHIN AN ORIGINAL MANUFACTURING PROCESS.
  7.  "RECYCLED  CONTENT"  SHALL MEAN RECYCLED COMMODITY AS THAT TERM IS
DEFINED IN PARAGRAPH A OF  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
SIXTY-FIVE OF THIS CHAPTER.
  8.  "REMANUFACTURED" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARA-
GRAPH A OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-FIVE  OF  THIS
CHAPTER.
  9.  "STATE  AGENCIES"  MEANS  ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
COMMISSION, OFFICE, AGENCY,  AUTHORITY  OR  PUBLIC  CORPORATION  OF  THE
STATE.
  S  159-B.  OFFICE OF THE ENVIRONMENTAL EXECUTIVE. 1. THE OFFICE OF THE
ENVIRONMENTAL EXECUTIVE SHALL BE DESIGNATED BY THE GOVERNOR AND SHALL BE
LOCATED WITHIN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.  THE  ENVI-
RONMENTAL  EXECUTIVE  SHALL  TAKE  ALL  ACTIONS NECESSARY TO ENSURE THAT
STATE AGENCIES COMPLY WITH THE REQUIREMENTS OF THIS  ARTICLE  AND  SHALL
GENERATE  AN  ANNUAL  REPORT  TO  THE DIVISION OF BUDGET, AT THE TIME OF
AGENCY BUDGET SUBMISSIONS, ON THE ACTIONS TAKEN  BY  STATE  AGENCIES  TO
COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. IN CARRYING OUT HIS OR HER
FUNCTIONS,  THE  ENVIRONMENTAL  EXECUTIVE SHALL CONSULT WITH THE COMMIS-
SIONER OF ENVIRONMENTAL CONSERVATION.
  2. A MINIMUM OF FOUR FULL TIME STAFF PERSONS ARE  TO  BE  PROVIDED  TO
ASSIST THE ENVIRONMENTAL EXECUTIVE, ONE OF WHOM SHALL HAVE EXPERIENCE IN
SPECIFICATION  REVIEW  AND  PROGRAM REQUIREMENTS, ONE OF WHOM SHALL HAVE
EXPERIENCE IN PROCUREMENT PRACTICES AND ONE OF WHOM SHALL  HAVE  EXPERI-
ENCE  IN  SOLID WASTE PREVENTION AND RECYCLING. THESE FOUR STAFF PERSONS
SHALL BE APPOINTED AND REPLACED AS FOLLOWS:
  (A) THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS
OR HIS OR HER DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR  AND
NO MORE THAN TWO YEARS;
  (B)  THE COMMISSIONER OF GENERAL SERVICES OR HIS OR HER DESIGNEE SHALL
BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN TWO YEARS;
  (C) THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION  OR  HIS  OR  HER
DESIGNEE  SHALL  BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN
TWO YEARS; AND
  (D) THE PRESIDENT OF  THE  NEW  YORK  STATE  ENVIRONMENTAL  FACILITIES
CORPORATION OR HIS OR HER DESIGNEE FOR NOT MORE THAN ONE YEAR.
  3.  STATE AGENCIES ARE REQUESTED TO MAKE THEIR SERVICES, PERSONNEL AND
FACILITIES AVAILABLE TO  THE  ENVIRONMENTAL  EXECUTIVE  TO  THE  MAXIMUM
EXTENT PRACTICABLE FOR THE PERFORMANCE OF FUNCTIONS.
  4.  THE ENVIRONMENTAL EXECUTIVE, IN CONSULTATION WITH THE AGENCY ENVI-
RONMENTAL  EXECUTIVES  DESIGNATED  PURSUANT  TO  SECTION   ONE   HUNDRED
FIFTY-NINE-C OF THIS ARTICLE, SHALL:
  (A) IDENTIFY AND RECOMMEND INITIATIVES FOR GOVERNMENT-WIDE IMPLEMENTA-
TION THAT WILL PROMOTE THE PURPOSES OF THIS ARTICLE, INCLUDING:
  (I)  THE  DEVELOPMENT  OF  A  STATE PLAN FOR AGENCY IMPLEMENTATION AND
APPROPRIATE INCENTIVES TO ENCOURAGE  THE  ACQUISITION  OF  RECYCLED  AND
ENVIRONMENTALLY PREFERABLE PRODUCTS BY THE STATE GOVERNMENT;
  (II)  THE  DEVELOPMENT OF A STATE IMPLEMENTATION PLAN AND GUIDANCE FOR
INSTITUTING ECONOMICALLY EFFICIENT STATE WASTE  PREVENTION,  ENERGY  AND
WATER  EFFICIENCY  PROGRAMS,  AND RECYCLING PROGRAMS WITHIN EACH AGENCY;
AND

A. 6012                             5

  (III) THE DEVELOPMENT OF A PLAN FOR MAKING MAXIMUM  USE  OF  AVAILABLE
FUNDING ASSISTANCE PROGRAMS;
  (B)  ELECTRONICALLY  COLLECT  AND  DISSEMINATE  INFORMATION CONCERNING
METHODS TO REDUCE WASTE, MATERIALS  THAT  CAN  BE  RECYCLED,  COSTS  AND
SAVINGS  ASSOCIATED  WITH  WASTE  PREVENTION  AND RECYCLING, AND CURRENT
MARKET SOURCES  OF  PRODUCTS  THAT  ARE  ENVIRONMENTALLY  PREFERABLE  OR
PRODUCED WITH RECOVERED MATERIALS;
  (C)  PROVIDE  GUIDANCE  AND ASSISTANCE TO STATE AGENCIES IN SETTING UP
AND REPORTING ON AGENCY PROGRAMS AND MONITORING THEIR EFFECTIVENESS;
  (D) ESTABLISH A WEBSITE FOR THE OFFICE OF THE ENVIRONMENTAL  EXECUTIVE
AND   COORDINATE  APPROPRIATE  GOVERNMENT-WIDE  EDUCATION  AND  TRAINING
PROGRAMS FOR STATE AGENCIES; AND
  (E) PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE  DEEMED  NECESSARY
AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
  S 159-C. AGENCY ENVIRONMENTAL EXECUTIVES. WITHIN NINETY DAYS AFTER THE
EFFECTIVE  DATE  OF  THIS ARTICLE, THE HEAD OF EACH EXECUTIVE DEPARTMENT
AND MAJOR PROCURING AGENCY SHALL DESIGNATE AN AGENCY ENVIRONMENTAL EXEC-
UTIVE FROM AMONG HIS OR HER STAFF. THE  AGENCY  ENVIRONMENTAL  EXECUTIVE
WILL BE RESPONSIBLE FOR:
  1. COORDINATING ALL ENVIRONMENTAL PROGRAMS IN THE AREAS OF PROCUREMENT
AND  ACQUISITION, STANDARDS AND SPECIFICATION REVIEW, FACILITIES MANAGE-
MENT, WASTE PREVENTION AND RECYCLING, AND LOGISTICS;
  2. PARTICIPATING IN THE INTERAGENCY DEVELOPMENT OF A STATE PLAN TO:
  (A) CREATE AN AWARENESS AND OUTREACH PROGRAM FOR THE PRIVATE SECTOR TO
FACILITATE MARKETS FOR ENVIRONMENTALLY PREFERABLE AND RECYCLED  PRODUCTS
AND  SERVICES, PROMOTE NEW TECHNOLOGIES, IMPROVE AWARENESS ABOUT FEDERAL
EFFORTS IN THIS  AREA,  AND  EXPEDITE  AGENCY  EFFORTS  TO  PROCURE  NEW
PRODUCTS IDENTIFIED UNDER THIS ORDER;
  (B)  ESTABLISH INCENTIVES, PROVIDE GUIDANCE AND COORDINATE APPROPRIATE
EDUCATIONAL PROGRAMS FOR AGENCY EMPLOYEES; AND
  (C) COORDINATE THE DEVELOPMENT OF STANDARD AGENCY REPORTS REQUIRED  BY
THIS ARTICLE.
  3.  REVIEWING STATE AGENCY PROGRAMS AND ACQUISITIONS TO ENSURE COMPLI-
ANCE WITH THIS ORDER.
  S 159-D. INTERAGENCY COMMITTEE ON SUSTAINABILITY  AND  GREEN  PROCURE-
MENT.    1.  THERE  IS  HEREBY  ESTABLISHED  AN INTERAGENCY COMMITTEE ON
SUSTAINABILITY AND GREEN PROCUREMENT. THE COMMITTEE SHALL  BE  COMPRISED
OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER OF GENERAL SERVICES, THE
COMMISSIONER  OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH,
THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE  PRESIDENT  OF  THE  URBAN
DEVELOPMENT  CORPORATION, THE COMMISSIONER OF TRANSPORTATION, THE PRESI-
DENT OF THE ENVIRONMENTAL FACILITIES CORPORATION, THE PRESIDENT  OF  THE
NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE CHAIR OF
THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND THE EXECUTIVE DIRECTOR
OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK. THE COMMISSIONER OF
GENERAL SERVICES AND  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION
SHALL SERVE AS CO-CHAIRS OF THE COMMITTEE.
  2. MEMBERS OF THE COMMITTEE MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
REPRESENT  THEM  AND  PARTICIPATE  ON  THE  COMMITTEE ON THEIR BEHALF. A
MAJORITY OF THE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM,  AND
ALL  ACTIONS AND RECOMMENDATIONS OF THE COMMITTEE SHALL REQUIRE APPROVAL
OF A MAJORITY OF THE TOTAL MEMBERS OF THE COMMITTEE.
  S 159-E. ISSUE-SPECIFIC TASK FORCES. 1. THE COMMITTEE SHALL  HAVE  THE
AUTHORITY  TO  DESIGNATE  ISSUE-SPECIFIC TASK FORCES TO EXAMINE SPECIFIC
AREAS  OF  ENVIRONMENTAL  PROCUREMENT  AND  PROVIDE  TARGETED  TECHNICAL
ASSISTANCE AND GUIDANCE TO AGENCIES AS NEEDED.

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  2.  ONE  SUCH  TASK  FORCE SHALL BE A TOXIC REDUCTION TASK FORCE TO BE
OVERSEEN BY THE OFFICE OF THE ENVIRONMENTAL  EXECUTIVE  IN  COORDINATION
WITH THE OFFICE OF GENERAL SERVICES.
  (A) THE OFFICE OF GENERAL SERVICES SHALL:
  (I)  PROVIDE  THE TOXIC REDUCTION TASK FORCE WITH RELEVANT INFORMATION
ON WHAT CHEMICALS AND PRODUCTS ARE PROCURED, AND THE AMOUNTS USED AND BY
WHOM, IN THE STATE; AND
  (II) WORK WITH THE OFFICE OF THE  ENVIRONMENTAL  EXECUTIVE  AND  OTHER
STAKEHOLDERS  TO  IMPLEMENT  THE  TOXIC REDUCTION TASK FORCE RECOMMENDA-
TIONS.
  (B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,  THE
OFFICE  OF  THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE OFFICE OF
GENERAL SERVICES IN ESTABLISHING SAID TOXIC REDUCTION TASK FORCE,  WHICH
SHALL  MEET  PERIODICALLY,  BUT  NOT  LESS  THAN  TWO TIMES PER YEAR, TO
PROVIDE GUIDANCE ON AND ASSIST AGENCIES WITH IDENTIFYING AND ELIMINATING
PURCHASES OF PRODUCTS THAT CONTAIN TOXIC CHEMICALS.
  (C) TOXIC REDUCTION TASK FORCE  MEMBERS  SHALL  INCLUDE,  BUT  NOT  BE
LIMITED  TO  THE  COMMISSIONER  OF GENERAL SERVICES, THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH, AND THE  COMMIS-
SIONER  OF  LABOR,  AND  EACH  SHALL APPOINT REPRESENTATIVES TO THE TASK
FORCE WITHIN THIRTY DAYS OF THEIR NOTIFICATION  BY  THE  OFFICE  OF  THE
ENVIRONMENTAL EXECUTIVE.
  (D)  THE  TASK FORCE SHALL PERIODICALLY CONSULT WITH THE COMMITTEE AND
ANY OTHER APPROPRIATE NON-GOVERNMENTAL STAKEHOLDERS OR  STATE  AGENCIES,
INCLUDING,  BUT  NOT  LIMITED  TO,  THE  OFFICE OF GENERAL SERVICES, THE
DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT  OF
TRANSPORTATION,  TO  IDENTIFY  OPPORTUNITIES FOR THE INTEGRATION OF LESS
TOXIC PRODUCTS INTO PUBLIC SCHOOLS, HEALTHCARE FACILITIES,  CONSTRUCTION
PROJECTS AND THROUGHOUT THE STATE AND LOCAL GOVERNMENT.
  3. MEMBERS OF OTHER TASK FORCES SHALL BE APPOINTED BY THE CHAIR OF THE
COMMITTEE IN CONSULTATION WITH THE MEMBERS OF THE COMMITTEE.
  4.  ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTAL EXECU-
TIVE SHALL REPORT TO THE COMMITTEE ON THE PROGRESS  MADE  BY  THE  TOXIC
REDUCTION  TASK FORCE AND ANY OTHER TASK FORCE OVERSEEN BY THE OFFICE OF
THE ENVIRONMENTAL EXECUTIVE IN THE PRIOR FISCAL YEAR TOWARD MEETING  THE
GOALS AND REQUIREMENTS OF THIS ARTICLE.
  S  159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. THE INTERAGENCY
COMMITTEE ON SUSTAINABILITY AND  GREEN  PROCUREMENT  SHALL  DEVELOP  AND
IMPLEMENT  AN  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. 1. THE ENVI-
RONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL:
  (A)  ESTABLISH  MINIMUM  ENVIRONMENTAL  STANDARDS  FOR  PRODUCTS   AND
SERVICES PROCURED BY STATE AGENCIES WHEREVER FEASIBLE AND PRACTICABLE;
  (B)  PROVIDE  GUIDANCE  TO  STATE AGENCIES ON HOW TO ENSURE THAT THEIR
PROCUREMENTS ARE IN COMPLIANCE WITH THESE STANDARDS AND ENCOURAGE  STATE
AGENCIES TO ESTABLISH ANNUAL ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
MENT GOALS;
  (C) INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS IN STATEWIDE CONTRACTS
AND  LIMIT CONTRACT AWARDS TO ENVIRONMENTALLY PREFERABLE PRODUCTS EXCLU-
SIVELY, CONSISTENT WITH ARTICLE ELEVEN OF THIS  CHAPTER  AND  THE  REGU-
LATIONS  THEREUNDER  AND THE ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
MENT GOALS AND STANDARDS;
  (D) FACILITATE THE PURCHASE, DEMONSTRATION AND USE OF NEW AND  INNOVA-
TIVE ENVIRONMENTALLY PREFERABLE PRODUCTS, TECHNOLOGIES AND SERVICES;
  (E) ENCOURAGE STATE CONTRACTORS TO INCORPORATE ENVIRONMENTALLY PREFER-
ABLE PRODUCTS AND SUSTAINABLE PRACTICES IN THEIR OPERATIONS;

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  (F)  IMPLEMENT  AN  ENVIRONMENTALLY  PREFERABLE  PRODUCT CERTIFICATION
PROGRAM FOR STATE AGENCIES AND OTHER PUBLIC PURCHASERS AND/OR WORK  WITH
PARTNERS WITHIN AND OUTSIDE THE STATE TO DEVELOP SUCH A CERTIFICATION ON
A NATIONAL LEVEL; AND
  (G)  SUPPORT  DEVELOPMENT  OF  APPROPRIATE  TRAINING  AND  OUTREACH ON
PROCURING ENVIRONMENTALLY  PREFERABLE  PRODUCTS  AND  IDENTIFICATION  OF
THEIR FISCAL, ENVIRONMENTAL, AND HEALTH BENEFITS.
  2. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTALLY PREF-
ERABLE  PRODUCTS  PROGRAM SHALL REPORT TO THE DIVISION OF BUDGET AND THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THE  PROGRESS  MADE  IN  THE
PRIOR  FISCAL YEAR TOWARD MEETING THE GOALS SET FORTH IN THIS SECTION AS
WELL AS PROVIDE AVAILABLE  DATA  ON  ACTUAL  ENVIRONMENTALLY  PREFERABLE
PRODUCT PURCHASES AND THEIR ASSOCIATED ENVIRONMENTAL, HEALTH, AND FISCAL
BENEFITS, WHEREVER POSSIBLE.
  3. ALL OFFICE OF GENERAL SERVICES STAFF SHALL COOPERATE WITH THE ENVI-
RONMENTALLY PREFERABLE PRODUCTS PROGRAM IN THESE EFFORTS AND INCORPORATE
ENVIRONMENTAL  GOALS  INTO  THE  PERFORMANCE MEASUREMENTS OF PROCUREMENT
OFFICERS AND OTHER APPROPRIATE STAFF.
  4. THE STATE PURCHASING AGENT SHALL DIRECT THE NEW YORK  STATE  ENERGY
RESEARCH  AND  DEVELOPMENT  AUTHORITY TO FACILITATE COORDINATION BETWEEN
THE GREEN JOBS-GREEN NEW YORK PROGRAM AND THE ENVIRONMENTALLY PREFERABLE
PRODUCTS  PROGRAM  AND  INCLUDE  ENVIRONMENTALLY   PREFERABLE   PRODUCTS
CONTRACT INFORMATION IN ALL APPROPRIATE TRAINING SESSIONS.
  5.  THE  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND
CONDUCT OUTREACH PROGRAMS FOR MUNICIPALITIES AND, IN COLLABORATION  WITH
THE DEPARTMENT OF EDUCATION, ELEMENTARY OR SECONDARY SCHOOLS.
  6.  INDEPENDENT  AGENCIES  MAY  ADOPT  THE  ENVIRONMENTALLY PREFERABLE
PRODUCTS POLICIES AND PROGRAMS CONSISTENT WITH THIS SECTION.
  S 159-G. STATE AGENCY RESPONSIBILITIES. 1. WHERE STATE  AGENCIES  HAVE
THE  RESPONSIBILITY  AND  OPPORTUNITY  TO  CONDUCT  PROCUREMENTS  AND TO
PURCHASE PRODUCTS AND SERVICES EITHER  THROUGH  STATEWIDE  CONTRACTS  OR
DEPARTMENT  PROCUREMENTS  AND  CONTRACTS, INCLUDING CONSULTANTS, SERVICE
PROVIDERS, AND/OR LEASE  AGREEMENTS,  THEY  SHALL  INCORPORATE  ENVIRON-
MENTALLY  PREFERABLE  PRODUCTS  INTO  THOSE  ACTIVITIES  TO THE GREATEST
EXTENT FEASIBLE.
  2. STATE AGENCIES SHALL:
  (A) WORK WITH THEIR CONTRACTORS AND AGENCY PERSONNEL  TO  PROVIDE  ALL
NECESSARY  AND  APPROPRIATE  SUPPORT  TO  THE ENVIRONMENTALLY PREFERABLE
PRODUCTS PROGRAM IN AN EFFORT TO ENSURE THAT ANNUAL FISCAL YEAR PURCHAS-
ING DATA IS REPORTED TO THE OFFICE OF  GENERAL  SERVICES  WITHIN  NINETY
DAYS OF THE CLOSE OF EACH FISCAL YEAR;
  (B)  EXAMINE THE BENEFITS OF ESTABLISHING ANNUAL ENVIRONMENTALLY PREF-
ERABLE PRODUCT PROCUREMENT GOALS AND CONSULT  WITH  THE  ENVIRONMENTALLY
PREFERABLE PRODUCTS PROGRAM TO TARGET APPROPRIATE PROCUREMENT AREAS;
  (C)  SUPPORT  AND ENCOURAGE KEY AGENCY STAFF PARTICIPATION IN ENVIRON-
MENTALLY PREFERABLE PRODUCT PROCUREMENT TRAINING; AND
  (D) WORK TO INCORPORATE THE USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS
IN CONTRACTS AUTHORIZED BY THE PUBLIC HEALTH  LAW  AND  THE  REGULATIONS
PROMULGATED   THEREUNDER,   CONSTRUCTION,   RENOVATION  AND  MAINTENANCE
CONTRACTS, FOOD SERVICE CONTRACTS, DISPOSAL CONTRACTS, LEASE AGREEMENTS,
GRANT PROGRAMS, AND OTHER CONTRACTS OVERSEEN BY STATE AGENCIES.
  S 159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES. 1. (A) WHEN  PROCURING
PRODUCTS  THAT  CONSUME  ENERGY,  ALL  STATEWIDE  CONTRACTS  AND  AGENCY
PROCUREMENTS  SHALL  FOLLOW  THE  MINIMUM  ENERGY  EFFICIENCY  STANDARDS
PROMULGATED  BY  THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND
DEVELOPMENT AUTHORITY AND TAKE INTO ACCOUNT, IN THE PROCUREMENT'S  SPEC-

A. 6012                             8

IFICATIONS,  THE  LIFETIME  ENERGY  COSTS  NECESSARY  TO  OPERATE ENERGY
CONSUMING PRODUCTS AND EQUIPMENT.
  (B)  THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM  SHALL REVIEW
EXISTING STANDARDS AND ESTABLISH MINIMUM ENERGY  PERFORMANCE  STANDARDS,
TAKING  INTO  ACCOUNT  INITIAL  AND  OPERATING COSTS, AND STATE AGENCIES
SHALL ADHERE TO SAID STANDARDS. AT A MINIMUM, UNLESS OTHERWISE SET FORTH
IN THE MINIMUM ENERGY PERFORMANCE STANDARDS, STATE AGENCIES SHALL:
  (I) PROCURE ONLY ENERGY STAR RATED OFFICE EQUIPMENT, APPLIANCES, HEAT-
ING, VENTILATING AND AIR CONDITIONING EQUIPMENT, AND OTHER  ENERGY  STAR
RATED  PRODUCTS  UNLESS  SUCH  PRODUCTS  CAN  BE DEMONSTRATED TO BE COST
PROHIBITIVE OVER THEIR LIFE;
  (II) ENSURE THAT ALL ENERGY STAR EQUIPMENT HAS THE POWER  SAVING  MODE
ENABLED  AT  THE  TIME  OF  INSTALLATION AND THAT ALL STAFF ARE AWARE OF
THESE FUNCTIONS AND THEIR BENEFITS;
  (III) PURCHASE ONLY ENERGY EFFICIENT LIGHT BULBS,  SUCH  AS,  BUT  NOT
LIMITED  TO,  COMPACT  FLUORESCENT LAMPS OR LIGHT EMITTING DIODES UNLESS
THE PURCHASE OF A STANDARD BULB, SUCH AS AN INCANDESCENT,  IS  NECESSARY
FOR A SPECIFIC PURPOSE OR FUNCTION THAT CAN ONLY BE SERVED BY SAID BULB;
  (IV)  PROCURE  THE  MOST  EFFICIENT  AND  COST-EFFECTIVE LINEAR LIGHTS
POSSIBLE THAT WILL MEET AGENCY NEEDS  AND,  WHEREVER  POSSIBLE,  REPLACE
OLDER LAMP BALLASTS WITH NEWER MORE EFFICIENT ELECTRONIC BALLASTS;
  (V) ENSURE THAT ALL NEW STREET LIGHTS UTILIZE THE MOST EFFICIENT LIGHT
SOURCES  POSSIBLE  AND  THAT ALL TRAFFIC LIGHTS INSTALLED OR REPLACED BY
AGENCIES UTILIZE ONLY LIGHT EMITTING DIODES OR SIMILARLY EFFICIENT TECH-
NOLOGY; AND
  (VI) SUPPORT THE PROCUREMENT OF OTHER ENERGY EFFICIENT PRODUCTS  WHER-
EVER  POSSIBLE,  INCLUDING  BUT  NOT LIMITED TO, HIGH EFFICIENCY MOTORS,
TANKLESS WATER HEATERS, PROGRAMMABLE THERMOSTATS,  HEATING,  VENTILATION
AND AIR CONDITIONING UNITS/SYSTEMS AND FOOD SERVICE EQUIPMENT.
  2. (A) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM AND STATE AGEN-
CIES  SHALL, WHEREVER FEASIBLE, ELIMINATE PRODUCTS PROCURED BY THE STATE
THAT CONTAIN TOXIC CHEMICALS IN CONCENTRATIONS THAT POSE  A  SIGNIFICANT
THREAT TO THE ENVIRONMENT AND/OR PUBLIC HEALTH.
  (B)  WHEN  LESS TOXIC OR NON-TOXIC ALTERNATIVES ARE READILY AVAILABLE,
MEET STATE AGENCY PERFORMANCE REQUIREMENTS, AND  ARE  COST  COMPETITIVE,
THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL MOVE PROMPTLY TO
MAKE THESE ALTERNATIVES AVAILABLE  THROUGH  STATEWIDE  CONTRACTS.  STATE
AGENCIES  SHALL PURCHASE ONLY THESE LESS TOXIC OR NON-TOXIC ALTERNATIVES
UNLESS IT CAN BE DEMONSTRATED THAT SUCH ALTERNATIVES  DO  NOT  MEET  THE
ESSENTIAL NEEDS OF THE AGENCY.
  (C)  THROUGH BOTH STATEWIDE AND/OR DEPARTMENTAL CONTRACTS, STATE AGEN-
CIES SHALL:
  (I) PURCHASE AND USE ONLY THOSE  CLEANING  PRODUCTS,  INCLUDING  FLOOR
FINISHES,  THAT MEET THE ENVIRONMENTAL SPECIFICATIONS ESTABLISHED BY THE
ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM;
  (II) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  ARTICLE,  REQUIRE
CLEANING  SERVICE CONTRACTORS TO UTILIZE CLEANING PRODUCTS THAT MEET THE
SAME OR BETTER ENVIRONMENTALLY PREFERABLE PRODUCT STANDARDS;
  (III) REQUIRE PEST CONTROL FIRMS OR LICENSED STATE STAFF TO EMPLOY  AN
INTEGRATED PEST MANAGEMENT APPROACH IN STATE FACILITIES;
  (IV)  ENSURE  ADHERENCE TO TITLE TWENTY-ONE OF ARTICLE TWENTY-SEVEN OF
THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  THE  REGULATIONS  THEREUNDER
CONCERNING MERCURY-ADDED CONSUMER PRODUCTS OR DEVELOP STANDARDS THAT THE
ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE;

A. 6012                             9

  (V) PROCURE PRODUCTS THAT CONTAIN NO OR LOW AMOUNTS OF VOLATILE ORGAN-
IC  COMPOUNDS  WHEREVER  FEASIBLE,  INCLUDING  BUT NOT LIMITED TO OFFICE
EQUIPMENT, FURNITURE, FLOORING, PAINT, AND CONSTRUCTION MATERIALS; AND
  (VI)  PURCHASE COMPUTERS, MONITORS, LAPTOPS, AND OTHER RELEVANT EQUIP-
MENT THAT HAVE ACHIEVED A MINIMUM  SILVER  RATING  FROM  THE  ELECTRONIC
PRODUCTS ENVIRONMENTAL ASSESSMENT TOOL.
  (D)  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL WORK WITH
AGENCIES TO DEVELOP BEST MANAGEMENT PRACTICES  AND  SPECIFICATIONS  WITH
THE INTENT OF INCREASING THE PROCUREMENT OF:
  (I) LESS TOXIC WATER TREATMENT CHEMICALS AND PROCESSES;
  (II) PAPER PRODUCTS PROCESSED WITHOUT ELEMENTAL CHLORINE;
  (III)  ORGANIC  AND/OR  LESS  TOXIC  FERTILIZERS, PESTICIDES AND OTHER
LANDSCAPING PRODUCTS;
  (IV) VEHICLE TIRES WITH LEAD-FREE WHEEL WEIGHTS;
  (V) PACKAGING IN CONFORMANCE WITH THE SPECIFICATIONS DEVELOPED BY  THE
COALITION  OF NORTHEASTERN GOVERNORS DESIGNED TO REDUCE HEAVY METALS AND
TOXICS;
  (VI) FURNISHINGS, CLOTHING, AND  OTHER  PRODUCTS  THAT  MEET  REQUIRED
FLAMMABILITY  STANDARDS  WITHOUT THE USE OF TOXIC FLAME RETARDANTS KNOWN
AS POLYBROMINATED DIPHENYL ETHERS; AND
  (VII) OTHER PRODUCTS IDENTIFIED BY A TASK  FORCE  ESTABLISHED  BY  THE
COMMITTEE PURSUANT TO SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTICLE.
  3.  RECYCLED  CONTENT  AND WASTE MINIMIZATION. (A) THE ENVIRONMENTALLY
PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND  EXPAND  MINIMUM  RECYCLED
CONTENT  AND  REMANUFACTURED  STANDARDS FOR ALL APPROPRIATE PRODUCTS AND
MATERIALS.
  (B) THE ENVIRONMENTALLY PREFERABLE  PRODUCTS  PROGRAM  SHALL  UTILIZE,
WHEREVER  APPLICABLE,  THE  MINIMUM STANDARDS ESTABLISHED BY THE FEDERAL
ENVIRONMENTAL PROTECTION AGENCY'S COMPREHENSIVE  PROCUREMENT  GUIDELINES
AS  SET  FORTH  IN  PART  TWO  HUNDRED FORTY-SEVEN OF TITLE FORTY OF THE
UNITED STATES CODE OF FEDERAL REGULATIONS OR DEVELOP STANDARDS THAT  THE
ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE.
  (C) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL CONSIDER THE
ULTIMATE  DISPOSAL  OF  PRODUCTS  AND  THEIR  PACKAGING  WHEN DEVELOPING
CONTRACT SPECIFICATIONS  AND  MAKING  CONTRACT  AWARDS.  AGENCIES  SHALL
PROCURE  PRODUCTS  THAT  COMPLY  WITH  ALL  RECYCLED  CONTENT  AND WASTE
REDUCTION  STANDARDS  ESTABLISHED  BY  THE  ENVIRONMENTALLY   PREFERABLE
PRODUCTS PROGRAM.
  (D)  THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENSURE THAT
THE FOLLOWING PRODUCT CATEGORIES CONTAIN MINIMUM RECYCLED CONTENT STAND-
ARDS AND ARE INCLUDED ON STATEWIDE CONTRACTS:
  (I) OFFICE PAPER, PRINTED MATERIALS, OFFICE  SUPPLIES,  PACKAGING  AND
STORAGE BOXES;
  (II) OFFICE PANELS AND INTERIOR AND EXTERIOR FURNITURE AND EQUIPMENT;
  (III) JANITORIAL PAPER PRODUCTS AND TRASH LINERS;
  (IV)  TRANSPORTATION  PRODUCTS  SUCH AS ANTIFREEZE, MOTOR OIL, RETREAD
TIRES AND TRAFFIC CONTROL DEVICES;
  (V) CARPETING AND FLOORING;
  (VI) COMPOST AND MULCH; AND
  (VII) PLASTIC CONTAINERS SUCH  AS  RECYCLING  CONTAINERS  AND  COMPOST
BINS.
  (E)  THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM SHALL WORK TO
DEVELOP STANDARDS AND CONTRACTS FOR ADDITIONAL RECYCLED CONTENT PRODUCTS
IDENTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION  AGENCY'S  COMPREHEN-
SIVE PROCUREMENT GUIDELINES AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN
OF TITLE FORTY OF THE UNITED STATES CODE OF FEDERAL REGULATIONS, AS WELL

A. 6012                            10

AS  WATER AND WASTE MINIMIZING PRODUCTS SUCH AS DOUBLE-SIDED COPIERS AND
PRINTERS,  WATERLESS  AND  LOW-FLOW  PLUMBING  DEVICES,  AND  COMPOSTING
TOILETS.
  (F)  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL ENCOURAGE
VENDOR RESPONSIBILITY FOR THE REUSE OR  RECYCLING  OF  PACKAGING  AND/OR
PRODUCTS AT THE END OF THEIR USEFUL LIFE.
  (G)  AGENCIES  SHALL  ENSURE  THAT  THEY INTEGRATE INCREASED RECYCLING
PRACTICES IN THE DISPOSAL OF THEIR OWN WASTE  MATERIALS,  INCLUDING  BUT
NOT  LIMITED  TO  PAPER,  GLASS,  CANS, PLASTIC BOTTLES, CONTAINERS, AND
ELECTRONIC EQUIPMENT. THIS EFFORT SHALL INCLUDE THE POSITIONING OF RECY-
CLING BINS IN THEIR OFFICES AND THE CONTRACTING FOR  RECYCLING  SERVICES
TO PICK UP AND RECYCLE THESE MATERIALS.
  4.  (A) IN DEVELOPING STANDARDS AND SPECIFICATIONS FOR ENVIRONMENTALLY
PREFERABLE PRODUCTS, THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM
SHALL  ENCOURAGE AND PRIORITIZE THE PROCUREMENT OF GOODS THAT ARE GROWN,
MANUFACTURED, TRANSPORTED, AND HANDLED IN A SUSTAINABLE MANNER USING, TO
THE GREATEST EXTENT FEASIBLE, A LIFE-CYCLE  ANALYSIS  OF  MATERIALS  AND
OTHER  INPUTS INTO THE PRODUCTION OF THE FINAL PRODUCT. SUCH GOODS SHALL
INCLUDE, BUT NOT BE LIMITED TO:
  (I) LUMBER AND BUILDING MATERIALS;
  (II) ORGANIC AND LOCALLY GROWN FOODS;
  (III) COMPOSTABLE FOOD SERVICE PRODUCTS; AND
  (IV) BIO-BASED PRODUCTS SUCH AS LUBRICANTS, FOOD-SERVICE WARE,  FUELS,
PLASTICS AND COATINGS.
  S  159-I. BUSINESS DEVELOPMENT AND GUIDANCE. THE ENVIRONMENTALLY PREF-
ERABLE PRODUCTS PROGRAM SHALL COLLABORATE WITH RELEVANT  STATE  AGENCIES
TO  PROMOTE ENVIRONMENTALLY PREFERABLE PRODUCTS AND SUSTAINABLE BUSINESS
SOLUTIONS TO NEW YORK COMPANIES AS WELL AS THOSE LOOKING TO RELOCATE  TO
THE  STATE.  SUCH  EFFORTS MAY INCLUDE GUIDANCE ON HOW SUSTAINABLE PRAC-
TICES AND ENVIRONMENTAL PURCHASING CAN RESULT IN A COMPETITIVE EDGE WHEN
BIDDING ON STATEWIDE CONTRACTS AND HOW THE USE OF ENVIRONMENTALLY  PREF-
ERABLE  PRODUCTS CAN REDUCE ENVIRONMENTAL IMPACTS WHILE MINIMIZING OPER-
ATING COSTS.
  S 7. The general municipal law is amended  by  adding  a  new  section
109-c to read as follows:
  S  109-C.  INTERGOVERNMENTAL  AGREEMENTS.  1.  FOR  PURPOSES  OF  THIS
SECTION, THE TERM "PUBLIC AGENCY" SHALL MEAN  ANY  COUNTY,  CITY,  TOWN,
VILLAGE,  SCHOOL  DISTRICT, IMPROVEMENT DISTRICT OR DISTRICT CORPORATION
OF THE STATE OF NEW YORK.
  2. ANY POWER OR POWERS, PRIVILEGE OR PRIVILEGES, AUTHORITY  OR  UNDER-
TAKING,  EXERCISED  OR  CAPABLE OF EXERCISE, OR WHICH MAY BE ENGAGED IN,
AND ANY PUBLIC WORKS WHICH MAY BE UNDERTAKEN, BY A PUBLIC AGENCY  ACTING
ALONE  MAY  BE EXERCISED, ENJOYED, ENGAGED IN OR UNDERTAKEN JOINTLY WITH
ANY OTHER PUBLIC AGENCY WHICH COULD LIKEWISE ACT ALONE.
  3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN  AGREEMENT
WITH  ONE  ANOTHER  FOR  JOINT  OR  COOPERATIVE  ACTION  PURSUANT TO THE
PROVISIONS OF THIS SECTION.  APPROPRIATE ACTION BY ORDINANCE, RESOLUTION
OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE  PARTICIPAT-
ING  PUBLIC  AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT SHALL
BECOME EFFECTIVE. ANY SEPARATELY LEGAL OR ADMINISTRATIVE  ENTITY  ESTAB-
LISHED HEREUNDER IS A PUBLIC CORPORATION AND MAY EXIST FOR THE LENGTH OF
TIME SET FORTH IN THE INTERGOVERNMENTAL AGREEMENT.
  S  8. Section 409-i of the education law is REPEALED and a new section
409-i is added to read as follows:

A. 6012                            11

  S 409-I.  IMPLEMENTATION OF THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS
PROGRAM.  1.  FOR  THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL
MEAN:
  (A)  "ELEMENTARY  OR  SECONDARY  SCHOOL"  MEANS  A  FACILITY  USED FOR
INSTRUCTION OF ELEMENTARY OR  SECONDARY  STUDENTS  BY:  (I)  ANY  SCHOOL
DISTRICT,  INCLUDING  A  SPECIAL  ACT  SCHOOL DISTRICT AND A CITY SCHOOL
DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE  THOU-
SAND  INHABITANTS  OR  MORE,  (II)  A  BOARD  OF COOPERATIVE EDUCATIONAL
SERVICES, (III) A CHARTER SCHOOL, (IV) AN APPROVED  PRIVATE  SCHOOL  FOR
THE  EDUCATION  OF  STUDENTS  WITH  DISABILITIES,  (V) A STATE-SUPPORTED
SCHOOL FOR THE DEAF OR BLIND OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF
THIS CHAPTER, AND (VI) ANY OTHER  PRIVATE  OR  PAROCHIAL  ELEMENTARY  OR
SECONDARY SCHOOL.
  (B)  "ENVIRONMENTALLY  PREFERABLE  PRODUCTS PROGRAM" MEANS THE PROGRAM
DESCRIBED BY THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F  OF  THE
STATE FINANCE LAW.
  2. ELEMENTARY AND SECONDARY SCHOOLS SHALL BE REQUIRED TO IMPLEMENT THE
STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREFERABLE PROGRAM CONSIST-
ENT WITH THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F OF THE STATE
FINANCE LAW.
  3.  THE  COMMISSIONER  OF  GENERAL  SERVICES  SHALL DISSEMINATE TO ALL
ELEMENTARY AND  SECONDARY  SCHOOLS  GUIDELINES  AND  SPECIFICATIONS  FOR
IMPLEMENTATION OF THE STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREF-
ERABLE  PRODUCTS  PROGRAM.  THE  COMMISSIONER  OF GENERAL SERVICES SHALL
PROVIDE ASSISTANCE AND GUIDANCE TO ELEMENTARY AND SECONDARY  SCHOOLS  IN
CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
  S 9. Section 163-b of the state finance law is REPEALED.
  S  10.  Paragraphs  c,  d,  e, f, g, h, i, l and o of subdivision 4 of
section 261 of the economic development law, paragraphs c, d, e,  f,  g,
h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
as  amended  by  chapter 180 of the laws of 2006, are amended to read as
follows:
  c. maintain, provide and market a  compilation  of  existing  programs
providing  incentives  for  new  or  expanded business enterprises which
could be utilized by the  secondary  materials  processing  industry  OR
WHICH   MANUFACTURE,   PRODUCE  OR  PROVIDE  ENVIRONMENTALLY  PREFERABLE
PRODUCTS;
  d. promote the utilization of such  incentives  for  new  or  expanded
business  enterprises  which  process  or utilize secondary materials OR
WHICH  MANUFACTURE,  PRODUCE  OR  PROVIDE   ENVIRONMENTALLY   PREFERABLE
PRODUCTS to locate in New York state;
  e. promote incentives for existing businesses to expand their utiliza-
tion  of  secondary  materials [and], their adoption of waste prevention
technologies  and  practices   AND   THEIR   DEVELOPMENT,   MANUFACTURE,
PRODUCTION AND PROVISION OF ENVIRONMENTALLY PREFERABLE PRODUCTS;
  f.  identify special needs and problems facing the secondary materials
processing industry [and], THE implementation of  waste  prevention  AND
THE  DEVELOPMENT,  MANUFACTURE,  PRODUCTION  AND  PROVISION  OF ENVIRON-
MENTALLY PREFERABLE PRODUCTS within New York state;
  g. contact institutions, organizations and commercial enterprises that
are potential consumers of secondary materials and products manufactured
with secondary materials OR ENVIRONMENTALLY PREFERABLE PRODUCTS;  urging
their  expanded  consumption  of [secondary] SUCH materials and products
and establishing markets for such  [secondary]  materials  and  products
through  the  use  of letters of intent and such other techniques as the
commissioner may deem appropriate;

A. 6012                            12

  h. conduct market surveys of  the  potential  consumers  of  secondary
materials  and  products  manufactured  with  secondary materials AND OF
ENVIRONMENTALLY PREFERABLE PRODUCTS;
  i.  conduct  surveys  to  determine  the potential supply of secondary
materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS in the state;
  l. provide information  concerning  local  and  regional  markets  for
secondary materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS;
  o. provide other technical assistance to assist businesses in reducing
the amount of waste generated by their processes and productively use or
provide  for  the  productive use [of others] of wastes which are gener-
ated;
  S 11. Subdivision 5 of section 261 of the economic development law, as
amended by chapter 471 of the laws  of  1998,  is  amended  to  read  as
follows:
  5.  The department shall fund feasibility studies for testing of waste
prevention technologies or practices [or both] AND ENVIRONMENTALLY PREF-
ERABLE PRODUCTS to reduce the amount of waste and to promote energy  and
resource  conservation by the adoption OR USE of such technologies [or],
practices OR PRODUCTS by small and medium sized firms in New York state.
  S 12. Subdivision 10 of section 261 of the economic  development  law,
as  amended  by  chapter  471 of the laws of 1998, is amended to read as
follows:
  10. Technical feasibility study.  The  department  shall  require  the
applicant  to  submit a technical feasibility study which identifies and
analyzes in detail the waste prevention  projects  which  the  applicant
wishes  to  implement.  All feasibility studies must include the cost of
implementation, a construction schedule and, a description  of  how  the
project will minimize, reduce or eliminate the generation of wastes, use
or  reuse  wastes,  increase  energy  efficiency  or water conservation,
INCREASE THE MANUFACTURE,  PRODUCTION,  PROVISION  OR  USE  OF  ENVIRON-
MENTALLY  PREFERABLE  PRODUCTS,  improve  air  or  water  quality and/or
improve process economics.
  S 13. Subdivision 14 of section 261 of the economic  development  law,
as  amended  by  chapter  524 of the laws of 2005, is amended to read as
follows:
  14. Reports. Beginning on January first, nineteen hundred eighty-nine,
the commissioner shall make an annual report to  the  governor  and  the
legislature  which shall include, at a minimum, the status of the activ-
ities undertaken pursuant to paragraphs a, c, d, e, f, i,  j  and  k  of
subdivision  four  of  this  section, the status of any other activities
undertaken pursuant to this article, and recommendations for programs or
policies that will further the objectives of expanding  the  utilization
of  secondary materials recovered for reuse, INCREASING WASTE PREVENTION
AND  SOURCE  REDUCTION,  AND  INCREASING  THE  MANUFACTURE,  PRODUCTION,
PROVISION  AND  USE  OF  ENVIRONMENTALLY  PREFERABLE PRODUCTS within the
state. The provisions of this subdivision shall not be deemed to require
or  authorize  the  disclosure  of  confidential  information  or  trade
secrets.    This  report may be consolidated with the report required by
subdivision four of section two hundred sixty-three of this article.
  S 14. The opening paragraph of subdivision 1 of section 3-0311 of  the
environmental conservation law, as amended by chapter 741 of the laws of
1991, is amended to read as follows:
  Each state agency as defined in subdivision five of this section shall
annually  audit  the environmental problems created by its operations or
the operations of contractors it has hired and over whom  it  has  exer-
cised or is required to exercise direct oversight, acting in fulfillment

A. 6012                            13

of  their contracts. Such audit shall identify the extent to which these
operations are in violation of  this  chapter,  or  regulations  adopted
thereunder.    SUCH AUDIT ALSO SHALL EVALUATE THE ENVIRONMENTAL PROBLEMS
CREATED  BY  THE  AGENCY'S  PROCUREMENT  OF COMMODITIES, ITS ENERGY USE,
WASTE PRODUCTION, WATER AND PAPER USE, AND THE USE OF ANY TOXIC  MATERI-
ALS  OF  PRODUCTS  REASONABLY  ANTICIPATED  TO BE CARCINOGENS. Each such
state agency shall submit a report to the department on or before  April
first of each year. The report shall:
  S  15.  This  act shall take effect on the sixtieth day after it shall
have become a law; provided, that the amendments to  subparagraph  (vii)
of  paragraph b of subdivision 3 of section 163 of the state finance law
made by section five of this act shall not affect  the  repeal  of  such
section  and shall be deemed repealed therewith; 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 effec-
tive date are authorized and directed to be made  and  completed  on  or
before such effective date.