senate Bill S875A

2013-2014 Legislative Session

Enacts the "New York state healthy and green procurement act"

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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 08, 2014 referred to infrastructure and capital investment
Dec 18, 2013 print number 875a
amend and recommit to infrastructure and capital investment
Feb 01, 2013 committee discharged and committed to infrastructure and capital investment
Jan 09, 2013 referred to finance

Bill Amendments

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S875 - Bill Details

Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §§160 & 161, add §164-a, St Fin L; amd §261, Ec Dev L; amd §3-0311, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2663A
2009-2010: A7038A

S875 - Bill Texts

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Enacts the "New York state healthy and green procurement act".

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BILL NUMBER:S875

TITLE OF BILL:
An act
to amend the state finance law, the economic development law and the
environmental conservation law, in
relation to the state procurement process and to healthy and green
procurement

PURPOSE OR GENERAL IDEA OF BILL:
To establish a
preference for the purchase of commodities, services and technologies
by the State of New York that minimizes potential adverse impacts on
public health and the environment.

SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill states that this act
shall be known and may be cited as the "New York State Healthy and
Green Procurement Act".

Section two of the bill provides legislative findings and declarations.

Section three of the bill amends subdivision five of section 160 of
the state finance Law to clarify the life cycle costs provisions
within the definition of "costs", and considers the costs of
ownership and any indirect environmental or health costs, if
information is available.

Section four of the bill amends subdivision one of section 161 of the
State Finance Law to increase the membership of the State
Procurement Council.

Section five of the bill adds a new section, 164a, to establish that
to the extent practicable that purchases should be to minimize
adverse environmental impacts. This section also provides that the
Office of General Services develop guidelines for healthy and green
procurement.

This section does not require state agencies to purchase commodities
or services that do not meet the form, function and utility required
by the agency, or which would cost more than ten percent than an
alternative.

Section six of the bill amends the Economic Development Law to expand
an existing grant program for pollution prevention and secondary
materials marketing projects to include projects by small businesses,
nonprofit organizations and preferred sources (pursuant to S 162 of
the State Finance Law) to develop, manufacture or provide safe and
sustainable commodities, services or technologies.

Sections seven through nine of the bill amend section 261 of the
Economic Development Law to integrate Healthy and Green commodity
purchasing practices and technologies.


Section ten provides for an annual report to be made to the
Legislature and Governor regarding the status of green and healthy
considerations in the procurement process.

Section eleven amends 3-0311 of the Environmental Conservation Law to
require as part of the environmental audits that Healthy and Green
considerations be evaluated.

Section twelve of the bill provides for the effective date.

JUSTIFICATION:
As New York moves into the twenty-first
century, it should serve as a role model for practices that will
create and maintain a healthy environment and vibrant economy. The
manufacture, use and disposal of certain commodities and
technologies, the construction of buildings and other structures, and
the provision of services may have adverse impacts on public health
and the environment. These impacts imposes costs on the state and,
ultimately, society as a whole in the form of injury, disability and
death, healthcare expenses, disposal, liability and cleanup costs,
the waste of resources and raw materials, and an impaired natural
environment. Encouraging innovation and creating and choosing the
safest, most sustainable commodities, services and technologies will
help to ensure a higher quality of life for present and future
generations. It will also put New York businesses in an economically
advantageous position to compete in an increasingly global
marketplace..

By avoiding the purchase of products and services with priority toxic
substances, the state can reduce the use and release of these
chemicals, prevent adverse ecological and health impacts, and protect
public health and the state's natural resources.

Including public health and environmental considerations in state
purchasing decisions can help New York attain these goals by
promoting and investing in commodities, services and technologies
that improve public health, conserve natural resources, and reward
environmentally conscious manufacturers. The Health and Green
Procurement Act is based on a precautionary approach to take
anticipatory action to prevent harm. Where credible evidence of a
threat or harm to human health or the environment exists, even when
the exact nature and full magnitude of a threat or harm is not yet
proven, lack of full scientific certainty about cause and effect
shall not be viewed as a sufficient reason to fail to consider a
potentially adverse impact when assessing a commodity, service or
technology. Protecting public health and the environment is a natural
extension of, and consistent with, the traditional considerations
associated with state procurement practice, including lowest price,
best value, quality, cost and efficiency. Now, determining quality,
value and efficiency shall include the consideration of public health
and environmental impacts. For instance, in considering natural
resource impacts, the state would consider energy and water us
e, renewable resource consumption, recycled content, recyciability,
waste prevention waste prevention, remanufactured or bio-based
content, and the potential for long-term use through product
durability, reparability, and reuse. When comparing potential
adverse health and environmental impacts, the state would consider


the following factors if trade-offs must be made among such impacts:
the overriding importance of protecting human health and the
environment;
reversibility, and the degree of difference in performance. For
example, when assessing products with recycled content, preference
would be given to material that does not contain a priority toxic
substance.

Considering such impacts early in the procurement process and adopting
an ethic of pollution prevention will not only reduce pollution and
waste, it will save money through a commodity, service or technology's
life cycle. The state would consider positive attributes that are
commonly accepted toxic substances, less hazardous or less toxic, low
in respiratory toxins and irritants, low in greenhouse gas emissions
or packaging, high in recycled content, resource efficient and
reusable. A major benefit of safe and sustainable procurement is
increased efficiency and reduced overall cost to government,
taxpayers, and society as a whole.

PRIOR LEGISLATIVE HISTORY:
S.2663A Introduced to Senate Committee on Finance

FISCAL IMPLICATIONS:
To Be Determined.

EFFECTIVE DATE:
This act shall take effect on the one hundred
eightieth day after it shall have become a law and shall apply only
to state procurement contracts where the request for proposals or the
request for bids was issued after the effective date of this act;
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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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                   875

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

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

AN ACT to amend the state finance law, the economic development law  and
  the  environmental conservation law, in relation to the state procure-
  ment process and to healthy and green procurement

  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 healthy and green procurement act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds and declares that:
  (a)  As  New York moves into the twenty-first century the state should
serve as a role model for practices that  will  create  and  maintain  a
healthy  environment  and  vibrant  economy.  The  manufacture,  use and
disposal of commodities and technologies, the construction of  buildings
and the provision of services utilizing toxic chemicals may have adverse
impacts  on  public health and the environment. Persistent, bioaccumula-
tive toxic chemicals, such as mercury, lead, dioxin and poly  brominated
diphenyl  ethers,  are toxic in small amounts, remain in the environment
for long periods of time, and build to dangerous levels in humans,  fish
and  other  animals;  and  this  group of pollutants known as persistent
bioaccumulative toxic chemicals (PBT) pose risks to  public  health  and
the environment through their ability to cause cancer, birth defects and
endocrine  disruption.  Such  chemicals  have polluted hundreds of water
bodies, fish and waterfowl in the state. These  adverse  impacts  impose
costs  on  the  state and, ultimately, society as a whole in the form of
injury, disease and death; health care expenses; disposal, liability and
cleanup costs; the waste of resources and raw materials; and an impaired
natural environment.  PBT and cancer-causing chemicals may be found in a
wide range of consumer products purchased by state  agencies,  including

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04607-01-3

S. 875                              2

lighting  supplies,  computers  and  other  office  equipment, vehicles,
medical equipment, building  supplies  and  printing  inks.  Encouraging
innovation,  and  creating  and  choosing  the  safest, most sustainable
commodities,  services  and  technologies  will  help to ensure a higher
quality of life for present and future generations. It will put New York
businesses in an advantageous position to compete in the global  market-
place.
  (b)  New  York  looks  forward  to  the time when the state's power is
generated from renewable and clean sources,  when  our  homes,  schools,
businesses   and   government   facilities   are  energy  efficient  and
constructed, refurbished and maintained using healthy and green products
and practices, when pollution prevention is embraced by  government  and
businesses  as  a  way  to  save money and protect public health and the
environment, when government and citizens use energy efficient and clean
vehicles, when pests are controlled with nontoxic or least toxic  alter-
natives,  when  our production of waste is significantly reduced and the
rest is recycled, and when our homes, schools, workplaces, food, air and
water are free from toxic contaminants.
  (c) Protecting public health and the environment  is  consistent  with
the  traditional  considerations associated with state procurement prac-
tice, including lowest price, best value, quality, cost and  efficiency.
Determining  quality,  value and efficiency should include the consider-
ation of public  health  and  environmental  impacts.  Considering  such
impacts  early  in  the  procurement  process  and  adopting an ethic of
pollution prevention will not only reduce pollution and waste,  it  will
reduce costs throughout a commodity, service or technology's life cycle.
  (d)  Through the volume of government procurement, government can play
a significant role in spurring private sector development of high  value
commodities  and  services.  This,  in  turn,  will  create business and
employment opportunities in  New  York  state,  foster  competition  and
harness  the  energy of the market to produce products and services that
perform better and cost less. As supply increases, prices will decrease,
and high performance, healthy and green commodities, services and  tech-
nologies will become more affordable for all consumers.
  S  3.  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, IF SUCH INFORMATION IS
READILY AVAILABLE, ANY INDIRECT ASSOCIATED PUBLIC  HEALTH  AND  ENVIRON-
MENTAL COSTS.
  S  4. 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-
ty-one] TWENTY-FIVE members, including the commissioner, the state comp-
troller,  the director of the budget, the chief diversity officer [and],

S. 875                              3

the commissioner of economic development, THE  COMMISSIONER  OF  HEALTH,
AND  THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, or their respective
designees; [seven] FIVE 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  organization  engaged  solely  in  the  advocacy,
marketing  and/or  promotion of organic New York grown farm and agricul-
tural products to be limited to a two year term; and [eight]  TWELVE  at
large members appointed as follows: [three] FIVE appointed by the tempo-
rary  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 ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRON-
MENT; [three] FIVE 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 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; 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 5. The state finance law is amended by adding a new section 164-a to
read as follows:
  S 164-A. HEALTHY AND GREEN PROCUREMENT.  1. HEALTHY AND GREEN PROCURE-
MENT  POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO THE
EXTENT PRACTICABLE TO PURCHASE COMMODITIES,  SERVICES  AND  TECHNOLOGIES
THAT  MINIMIZE  POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
RONMENT WHEN COMPARED WITH COMPETING COMMODITIES, SERVICES OR  TECHNOLO-
GIES THAT SERVE THE SAME PURPOSE.
  2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A. "POLLUTION PREVENTION" SHALL MEAN POLLUTION PREVENTION  AS  DEFINED
IN ARTICLE TWENTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
  B.  "PRIORITY  TOXIC  SUBSTANCES OF CONCERN" SHALL INCLUDE, BUT NOT BE
LIMITED TO, ANY SUBSTANCE LISTED AS KNOWN TO  BE  OR  REASONABLY  ANTIC-
IPATED,  PURSUANT  TO THE NATIONAL TOXICOLOGY PROGRAM REPORT ON CARCINO-
GENS, TO BE A HUMAN CARCINOGEN  IN  THE  NATIONAL  TOXICOLOGY  PROGRAM'S
BIENNIAL  REPORT  ON CARCINOGENS SUBMITTED TO THE UNITED STATES CONGRESS
BY THE SECRETARY OF HEALTH AND HUMAN SERVICES; AND ANY SUBSTANCE IDENTI-
FIED AS A PERSISTENT AND/OR BIOACCUMULATIVE  TOXIC  SUBSTANCE  ON  LISTS
MAINTAINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, INCLUD-
ING THE NATIONAL PARTNERSHIP FOR ENVIRONMENTAL PRIORITIES; OR THE INTER-
NATIONAL  JOINT  COMMISSION  CREATED  PURSUANT  TO THE GREAT LAKES WATER
QUALITY AGREEMENT OF 1978; AND PERFLUORINATED COMPOUNDS, DIOXIN,  BROMI-
NATED  FLAME  RETARDANTS  AND  BISPHENOL  A  DUE  TO  THEIR  TOXICITY IN
PRODUCTION, USE AND DISPOSAL.
  3. MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT.  CONSIST-
ENT WITH DETERMINATIONS OF NEED REQUIRED BY SUBDIVISION FIVE OF  SECTION
ONE  HUNDRED  SIXTY-THREE  OF  THIS  ARTICLE,  ALL  STATE AGENCIES SHALL

S. 875                              4

PROCURE COMMODITIES, SERVICES AND TECHNOLOGIES THAT MEET OR  EXCEED  THE
FOLLOWING MINIMUM SPECIFICATIONS:
  A. 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 AGENCY'S MINIMUM POST-CONSUMER MATERIAL  CONTENT  PERCENT-
AGES  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. THE COMMISSIONER SHALL ALSO MAKE  AVAIL-
ABLE TO ALL AGENCIES, ONE HUNDRED PERCENT POST-CONSUMER, PROCESSED CHLO-
RINE-FREE  COPY PAPER. ALL AGENCIES 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.
  B.  WASTE  REDUCTION.  AGENCIES 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.
AGENCIES SHALL FAVOR DURABILITY, REPAIRABILITY AND REUSE WHEN PURCHASING
SUPPLIES.  THE  COMMISSIONER  SHALL ESTABLISH MINIMUM SPECIFICATIONS FOR
WASTE REDUCTION WITHIN TWELVE MONTHS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  C.  ENERGY  EFFICIENCY.  ALL  COMMODITIES FOR WHICH THE FEDERAL ENERGY
MANAGEMENT PROGRAM OF THE UNITED STATES DEPARTMENT OF ENERGY HAS  ISSUED
PRODUCT  ENERGY  EFFICIENCY  RECOMMENDATIONS  SHALL  MEET OR EXCEED SUCH
RECOMMENDATIONS.  AGENCIES SHALL SEEK TO ACHIEVE  REDUCTIONS  IN  ENERGY
AND PETROLEUM CONSUMPTION; ADHERE TO ENERGY STAR BUILDING CRITERIA; SEEK
OUT  OFFICE  SPACE  AND REAL ESTATE INVESTMENTS IN BUILDINGS WITH ENERGY
STAR RATING; AND FOLLOW THE PUBLIC SERVICE COMMISSION'S RENEWABLE  PORT-
FOLIO  STANDARD  TO INCREASE THE PURCHASE OF RENEWABLE ENERGY SO THAT AT
LEAST TWENTY-FIVE PERCENT OF THE OVERALL ANNUAL ELECTRIC ENERGY REQUIRE-
MENTS OF BUILDINGS OWNED, LEASED OR OPERATED BY STATE AGENCIES  WILL  BE
RENEWABLE ENERGY BY TWO THOUSAND EIGHTEEN.
  D.   GREEN   BUILDINGS.   ALL   CAPITAL  PROJECTS  WITH  AN  ESTIMATED
CONSTRUCTION COST OF TWO MILLION  DOLLARS  OR  MORE  INVOLVING  (1)  THE
CONSTRUCTION OF A NEW BUILDING, (2) AN ADDITION TO AN EXISTING BUILDING,
OR  (3)  THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING BUILDING SHALL BE
DESIGNATED AND CONSTRUCTED TO COMPLY WITH BUILDING  STANDARDS  NOT  LESS
STRINGENT  THAN  THE  STANDARDS  PRESCRIBED  BY  THE UNITED STATES GREEN
BUILDING COUNCIL LEADERSHIP IN ENERGY AND  ENVIRONMENTAL  DESIGN  SILVER
RATING AND STANDARDS SET FORTH IN THE DEFINITION OF A "GREEN BASE BUILD-
ING" AS DEFINED IN SECTION NINETEEN OF THE TAX LAW, OR ANY PORTION THER-
EOF, ANY MODIFICATION OF OR AMENDMENTS THERETO, AND TO UTILIZE MATERIALS
WHICH DO NOT CONTAIN POLYVINYL CHLORIDE TO THE GREATEST EXTENT PRACTICA-
BLE.  IN ADDITION, ALL STATE-OWNED AND OPERATED BUILDINGS OF FIFTY THOU-
SAND  SQUARE FEET OR LARGER SHALL BE OPERATED TO MEET SUCH STANDARDS FOR
EXISTING BUILDINGS TO THE MAXIMUM EXTENT PRACTICABLE THAT IS COST EFFEC-
TIVE BY NOT LATER THAN TWO THOUSAND SEVENTEEN.
  4. SPECIFICATIONS TO INCORPORATE HEALTHY AND GREEN  PROCUREMENT.    A.
BEGINNING  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL STATE
AGENCIES, WHEN PROCURING COMMODITIES, SERVICES OR TECHNOLOGY PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE, SHALL FOLLOW  PRACTICES
AND  DEVELOP SOLICITATION SPECIFICATIONS THAT MEET OR EXCEED THE MINIMUM
SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT ESTABLISHED IN SUBDIVI-
SION THREE OF THIS SECTION. ALL SUCH CONTRACTS SHALL INCLUDE A STATEMENT
DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET.

S. 875                              5

  B. IN THE EVENT THAT AN AGENCY RECEIVES NO BIDS OR PROPOSALS THAT MEET
THE SPECIFICATIONS DEVELOPED PURSUANT TO PARAGRAPH A  OF  THIS  SUBDIVI-
SION,  SUCH  AGENCY  MAY  WITHDRAW THE REQUEST FOR BIDS OR PROPOSALS AND
BEGIN A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT SUCH  SPECIFICA-
TIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES;
PROVIDED,  HOWEVER  THAT SUCH AGENCY SHALL DOCUMENT THE REASONS WHY SUCH
PROCUREMENT DOES NOT MEET THE MINIMUM  SPECIFICATIONS  FOR  HEALTHY  AND
GREEN  PROCUREMENT  ESTABLISHED  IN  THIS  SUBDIVISION  AND  SUBMIT SUCH
DOCUMENTATION TO THE COMMISSIONER FOR INCLUSION  IN  THE  ANNUAL  REPORT
REQUIRED  PURSUANT  TO THIS SECTION AND TO THE OFFICE OF THE COMPTROLLER
FOR INCLUSION IN THE PROCUREMENT RECORD.
  5. BALANCING HEALTHY AND GREEN PROCUREMENT WITH PRICE, LOWEST COST AND
BEST VALUE.
  A. NOTHING IN THIS SECTION SHALL BE CONSTRUED  AS  REQUIRING  A  STATE
AGENCY  TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THAT DOES NOT MEET
THE FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AGENCY, OR AS  REQUIRING
A STATE AGENCY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THE COST OF
WHICH  EXCEEDS THE COST OF AN ALTERNATIVE AVAILABLE COMMODITY OR SERVICE
BY MORE THAN TEN PERCENT.
  B. WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES SHALL CONSIDER
COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THIS ARTICLE.
  6. HEALTHY AND GREEN PROCUREMENT OFFICER,  COORDINATORS,  COORDINATING
COUNCIL.
  A.  WITHIN  ONE  HUNDRED  EIGHTY  DAYS  OF  THE EFFECTIVE DATE OF THIS
SECTION, THE COMMISSIONER SHALL ASSIGN AN INDIVIDUAL WITHIN  THE  OFFICE
OF  GENERAL SERVICES TO SERVE AS THE STATE HEALTHY AND GREEN PROCUREMENT
OFFICER.  SUCH OFFICER SHALL ASSIST THE COMMISSIONER WITH  CARRYING  OUT
HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO:
  (I)  ASSISTING  THE COMMISSIONER WITH THE DEVELOPMENT AND PROVISION OF
GUIDANCE FOR HEALTHY AND GREEN PROCUREMENT PURSUANT TO THIS SECTION;
  (II) THE IDENTIFICATION OF  AT  LEAST  THREE  "TARGET  CATEGORIES"  OF
COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES  ANNUALLY  PURSUANT TO THIS
SECTION;
  (III) THE DEVELOPMENT OF CRITERIA FOR THE EVALUATION  OF  COMMODITIES,
SERVICES AND/OR TECHNOLOGIES WITHIN TARGETED CATEGORIES;
  (IV) THE CREATION OF APPROVED HEALTHY AND GREEN SUPPLIES LISTS;
  (V)  THE  EVALUATION OF CURRENT STATE AGENCY PROCUREMENT PRACTICES AND
THE TRACKING OF PROGRESS IN IMPLEMENTING THE HEALTHY AND GREEN  PROCURE-
MENT  POLICY,  INCLUDING  THE  INTEGRATION OF ENVIRONMENTALLY PREFERABLE
PURCHASING AND HEALTHY AND GREEN SUPPLIES LISTS FOR ALL  NEW  PURCHASING
OF PRODUCTS, SERVICES AND TECHNOLOGIES IN TARGET CATEGORIES;
  (VI) THE DEVELOPMENT OF THE ENVIRONMENTAL AUDIT PROGRAM;
  (VII) CONSIDERATION OF ADDITIONAL PRIORITY TOXIC SUBSTANCES OF CONCERN
AS  RECOMMENDED  BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND THE
DEPARTMENT OF HEALTH;
  (VIII) THE DEVELOPMENT OF GUIDELINES FOR PUBLIC PARTICIPATION;
  (IX) THE DESIGN AND IMPLEMENTATION OF TRAINING, OUTREACH AND EDUCATION
PROGRAMS;
  (X) DEVELOP METRICS FOR MEASURING PROGRESS IN IMPLEMENTING THE HEALTHY
AND GREEN  PROCUREMENT  POLICY,  CRITERIA  AND  MINIMUM  SPECIFICATIONS,
INCLUDING  THE  IDENTIFICATION OF MILESTONES AND QUANTIFIABLE GOALS THAT
CAN BE USED TO MEASURE SUCH PROGRESS;
  (XI) THE PREPARATION AND SUBMITTAL OF ANNUAL REPORTS AND THE  PERFORM-
ANCE OF A COMPREHENSIVE FIVE YEAR REVIEW; AND
  (XII)  ADVISE THE GOVERNOR AND THE LEGISLATURE REGARDING THE IMPLEMEN-
TATION OF THE HEALTHY AND GREEN PROCUREMENT POLICY.

S. 875                              6

  B. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  EACH  STATE  AGENCY  WITH  ONE HUNDRED EMPLOYEES OR MORE SHALL
ASSIGN AN INDIVIDUAL  WITHIN  SUCH  AGENCY  TO  SERVE  AS  THE  AGENCY'S
SUSTAINABLE PROCUREMENT COORDINATOR.
  7.  TARGET  COMMODITY,  SERVICE  AND/OR  TECHNOLOGY CATEGORIES. WITHIN
TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY  THERE-
AFTER,  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE STATE PROCUREMENT
COUNCIL, SHALL IDENTIFY  A  MINIMUM  OF  THREE  "TARGET  CATEGORIES"  OF
COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES,  WHICH FOR THE PURPOSES OF
THIS CHAPTER SHALL MEAN CATEGORIES OF COMMODITIES, SERVICES AND/OR TECH-
NOLOGIES PROCURED BY THE STATE WHICH  MAY  HAVE  AN  ADVERSE  IMPACT  ON
PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH HEALTHY AND GREEN COMMOD-
ITIES, SERVICES OR TECHNOLOGIES SHOULD BE IDENTIFIED AND SUBSTITUTED.
  8.  ENVIRONMENTALLY  PREFERABLE  PURCHASING  CRITERIA  FOR HEALTHY AND
GREEN PROCUREMENT. WITHIN TWELVE MONTHS OF THE IDENTIFICATION AND RECOM-
MENDATION OF AT LEAST THREE "TARGET CATEGORIES" PURSUANT TO  SUBDIVISION
SEVEN  OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION WITH THE STATE
PROCUREMENT COUNCIL SHALL DEVELOP ENVIRONMENTALLY PREFERABLE  PURCHASING
CRITERIA FOR THE EVALUATION AND PROCUREMENT OF PRODUCTS, SERVICES AND/OR
TECHNOLOGIES  WITHIN  SUCH  TARGETED  CATEGORIES.  THE FOLLOWING FACTORS
SHALL BE CONSIDERED IN THE DEVELOPMENT OF SUCH CRITERIA:
  A. PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT AND  THE  CONSERVA-
TION OF NATURAL RESOURCES;
  B.  THE  PROTECTION  OF DRINKING WATER, GROUNDWATER, SURFACE WATER AND
AIR (INCLUDING INDOOR AIR); AND THE PROTECTION OF ECOLOGICAL SYSTEMS;
  C. POLLUTION PREVENTION, INCLUDING, BUT NOT  LIMITED  TO,  CONSIDERING
HEALTHY  AND  GREEN  PROCUREMENT  DURING  THE DESIGN PHASE OF CUSTOMIZED
COMMODITIES, SERVICES OR TECHNOLOGIES;
  D. AVOIDANCE OF PRIORITY TOXIC SUBSTANCES; AND
  E. POSITIVE LIFE CYCLE ATTRIBUTES, INCLUDING BUT NOT  LIMITED  TO  THE
MINIMIZATION OF POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
RONMENT  ASSOCIATED WITH RAW MATERIALS ACQUISITION, PRODUCTION, MANUFAC-
TURING, PACKAGING, TRANSPORTATION, DISTRIBUTION, USE, OPERATION, MAINTE-
NANCE AND DISPOSAL.
  9. HEALTHY AND GREEN SUPPLY LISTS.
  A. FOR EACH TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY IDEN-
TIFIED AND RECOMMENDED PURSUANT TO SUBDIVISION SEVEN  OF  THIS  SECTION,
THE  COMMISSIONER,  IN  CONSULTATION WITH THE STATE PROCUREMENT COUNCIL,
SHALL APPROVE SPECIFIC  COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES  AS
CONSISTENT  WITH THE HEALTHY AND GREEN PROCUREMENT POLICY, MINIMUM SPEC-
IFICATIONS, AND ENVIRONMENTALLY PREFERABLE  PURCHASING  CRITERIA  ESTAB-
LISHED  IN  SUBDIVISIONS  ONE,  THREE  AND  EIGHT  OF THIS SECTION. SUCH
COMMODITY, SERVICE OR TECHNOLOGY SHALL THEN  BE  ADDED  TO  AN  APPROVED
HEALTHY AND GREEN SUPPLY LIST FOR SUCH CATEGORY.
  B.  THE COMMISSIONER SHALL CREATE AN APPROVED HEALTHY AND GREEN SUPPLY
LIST PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINISTRATIVE  PROCEDURE
ACT, FOR A TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY NO LATER
THAN  TWELVE  MONTHS  FOLLOWING THE IDENTIFICATION AND RECOMMENDATION OF
SUCH CATEGORY PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION,  AND  SHALL
REVIEW AND REVISE APPROVED LISTS ANNUALLY.
  10.  PROCUREMENT FROM HEALTHY AND GREEN SUPPLY LISTS.  A. WHEN PROCUR-
ING A COMMODITY, SERVICE OR TECHNOLOGY WITHIN A  TARGETED  CATEGORY  FOR
WHICH  AN APPROVED HEALTHY AND GREEN SUPPLY LIST HAS BEEN CREATED, STATE
AGENCIES SHALL PROCURE SUCH COMMODITY, SERVICE OR TECHNOLOGY  FROM  SUCH
LIST.

S. 875                              7

  B.  WHEN A STATE AGENCY WANTS TO PROCURE A COMMODITY, SERVICE OR TECH-
NOLOGY WITHIN A TARGETED CATEGORY FOR  WHICH  AN  APPROVED  HEALTHY  AND
GREEN SUPPLY LIST HAS BEEN CREATED, BUT SUCH COMMODITY, SERVICE OR TECH-
NOLOGY  DOES  NOT  APPEAR ON SUCH LIST, SUCH AGENCY MUST OBTAIN A WAIVER
FROM  THE  REQUIREMENTS  OF  THIS  SUBDIVISION  FROM  THE  COMMISSIONER,
PROVIDED, HOWEVER, THAT SUCH  WAIVER  SHALL  NOT  BE  REQUIRED  FOR  THE
PURCHASE  OF  COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES FROM THE LIST
AVAILABLE FOR PURCHASE FROM PREFERRED SOURCES MAINTAINED BY THE  COMMIS-
SIONER  PURSUANT  TO  SECTION  ONE HUNDRED SIXTY-TWO OF THIS ARTICLE. AN
APPLICATION FOR SUCH A WAIVER SHALL BE FILED WITH THE COMMISSIONER,  WHO
SHALL NOTIFY THE PUBLIC, PROVIDE FOR A PUBLIC COMMENT PERIOD, AND RENDER
A  WRITTEN DECISION ON SUCH APPLICATION WITHIN FORTY-FIVE DAYS. A WAIVER
MAY BE GRANTED WHEN NO COMMODITY,  SERVICE  AND/OR  TECHNOLOGY  ON  SUCH
APPROVED  ALTERNATIVES  LIST MEETS AN AGENCY'S PERFORMANCE STANDARDS. IN
ORDER TO OBTAIN A WAIVER, THE STATE AGENCY REQUESTING  THE  WAIVER  MUST
SHOW THAT IT HAS:
  (I)  THOROUGHLY  TESTED  EACH  COMMODITY  OR TECHNOLOGY, OR THOROUGHLY
INVESTIGATED EACH SERVICE, ON THE APPROVED SUPPLY LIST AND NONE MEET THE
AGENCY'S PERFORMANCE STANDARDS;
  (II) DISCLOSED THE USE AND INTENSITY OF USE FOR THE COMMODITY, SERVICE
OR TECHNOLOGY AND DEVELOPED A REASONABLE PLAN TO MINIMIZE THE USE OF THE
SELECTED COMMODITY, SERVICE OR TECHNOLOGY AND PROTECT EMPLOYEES AND  THE
PUBLIC FROM EXPOSURE TO ANY PRIORITY TOXIC SUBSTANCE OF CONCERN; AND
  (III)  PREPARED  A  PLAN  TO  INVESTIGATE ALTERNATIVES TO THE SELECTED
COMMODITY, SERVICE OR TECHNOLOGY DURING THE WAIVER PERIOD.
  C. A STATE AGENCY MAY  PROCURE  A  COMMODITY,  SERVICE  OR  TECHNOLOGY
THROUGH  A  PROCESS  THAT DOES NOT COMPLY WITH THIS SUBDIVISION WHEN THE
PURCHASE OF A COMMODITY, SERVICE OR TECHNOLOGY IS NECESSARY  TO  RESPOND
TO  AN  EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR SAFETY, PROVIDED SUCH
AGENCY SHALL WITHIN SEVEN BUSINESS DAYS FILE A WRITTEN REPORT  WITH  THE
COMMISSIONER  AND THE OFFICE OF THE COMPTROLLER, WHICH SHALL BECOME PART
OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
MATION:
  (I) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH THIS
SUBDIVISION;
  (II) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF  THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (III)  A  DESCRIPTION  OF  THE  STEPS  BEING TAKEN TO SAFEGUARD PUBLIC
HEALTH AND SAFETY DURING THE EMERGENCY; AND
  (IV) AN EXPLANATION OF HOW SUCH AN EMERGENCY CAN  BE  AVOIDED  IN  THE
FUTURE.
  11.  TRACKING OF PROCUREMENT PRACTICES AND DATA.  WITHIN TWELVE MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION
WITH THE STATE PROCUREMENT COUNCIL, SHALL:
  A. REVIEW ALL PROCUREMENT REGULATIONS, GENERIC SOLICITATION  LANGUAGE,
SPECIFICATIONS  AND  PROCEDURES TO ENSURE THAT THEY DO NOT CONFLICT WITH
THE HEALTHY AND GREEN PROCUREMENT  POLICY,  MINIMUM  SPECIFICATIONS  AND
CRITERIA  ESTABLISHED  PURSUANT  TO SUBDIVISIONS ONE, THREE AND EIGHT OF
THIS SECTION.
  B. DEVELOP METRICS AND IDENTIFICATION OF MILESTONES  AND  QUANTIFIABLE
GOALS  THAT  CAN BE USED TO MEASURE PROGRESS IN IMPLEMENTING THE STATE'S
HEALTHY AND GREEN PROCUREMENT POLICY.
  C. DEVELOP AN EFFICIENT AND  PRACTICABLE  METHOD  FOR  COLLECTING  AND
COMPILING PROCUREMENT DATA FROM STATE AGENCIES, INCLUDING BUT NOT LIMIT-
ED  TO  ESTIMATES  OF  THE VOLUME SPENT, QUANTITY PURCHASED, AND GENERAL
PURCHASING TRENDS FOR COMMODITIES, SERVICES AND TECHNOLOGIES,  INCLUDING

S. 875                              8

HEALTHY  AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES INCLUDED IN AN
APPROVED SUPPLY LIST OR A CENTRALIZED CONTRACT.
  12.  TRAINING,  OUTREACH AND EDUCATION.  A. WITH THE ASSISTANCE OF THE
DEPARTMENT OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH,  AND
THE OFFICE OF THE COMPTROLLER, THE COMMISSIONER, WITHIN TWELVE MONTHS OF
THE  EFFECTIVE  DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTA-
TION OF A HEALTHY AND GREEN  PROCUREMENT  TRAINING  PROGRAM  FOR  SENIOR
MANAGERS  AND  STATE AGENCY 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  ONGO-
ING TRAINING.
  B. WITH THE ASSISTANCE OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
AND  THE  DEPARTMENT OF HEALTH, THE COMMISSIONER, WITHIN EIGHTEEN MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, SHALL:
  (I) DESIGN AND BEGIN IMPLEMENTATION OF A HEALTHY AND  GREEN  EDUCATION
AND  OUTREACH  PROGRAM  FOR AGENCY PROCUREMENT STAFF, TO ENSURE THAT ALL
PROCUREMENT STAFF ARE AWARE OF THE STATE'S PREFERENCE  FOR  HEALTHY  AND
GREEN COMMODITIES, SERVICES AND TECHNOLOGIES.
  (II)  DESIGN  AND  BEGIN  IMPLEMENTATION  OF AN EDUCATION AND OUTREACH
PROGRAM FOR CONTRACTORS AND VENDORS TO  PROVIDE  THEM  WITH  INFORMATION
ABOUT  THE  DEVELOPMENT  OF  HEALTHY AND GREEN COMMODITIES, SERVICES AND
TECHNOLOGIES AND IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  13. ANNUAL REPORT TO THE GOVERNOR  AND  LEGISLATURE.  WITHIN  EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER IN
NOVEMBER,  THE  COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO THE GOVER-
NOR, THE SPEAKER OF THE ASSEMBLY AND  THE  TEMPORARY  PRESIDENT  OF  THE
SENATE. SUCH REPORT SHALL INCLUDE:
  A.  IDENTIFICATION  OF  THE SPECIFIC MEASURES TAKEN BY STATE AGENCIES,
AND AN EVALUATION OF THE EFFECTIVENESS OF SUCH  MEASURES,  TO  IMPLEMENT
THE HEALTHY AND GREEN PROCUREMENT POLICY, INCLUDING PROGRESS MADE TOWARD
THE  ACHIEVEMENT  OF  ANY MILESTONES OR QUANTIFIABLE GOALS IDENTIFIED BY
THE COMMISSIONER PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND,  TO
THE EXTENT PRACTICABLE, A QUALITATIVE ASSESSMENT OF THE HEALTH AND ENVI-
RONMENTAL BENEFITS OF THE POLICY;
  B. EVALUATION OF THE RESOURCES AVAILABLE TO IMPLEMENT SUCH POLICY, AND
WHETHER SUCH RESOURCES ARE SUFFICIENT;
  C.  RECOMMENDATIONS  FOR  LEGISLATION OR ANY OTHER SPECIFIC ACTIONS OR
CHANGES NEEDED TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS SECTION;
  D. A LIST OF TARGET COMMODITY, SERVICE  AND/OR  TECHNOLOGY  CATEGORIES
AND  APPROVED  HEALTHY  AND  GREEN  SUPPLY  LISTS IDENTIFIED AND CREATED
PURSUANT TO SUBDIVISIONS SEVEN AND NINE OF THIS SECTION;
  E. A LIST OF HEALTHY AND GREEN COMMODITIES, SERVICES AND  TECHNOLOGIES
AVAILABLE FOR PURCHASE THROUGH CENTRALIZED CONTRACTS;
  F. A COMPILATION OF PROCUREMENT DATA COLLECTED USING METHODS DEVELOPED
PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION;
  G.  ADDITIONS TO THE LIST OF PRIORITY TOXIC SUBSTANCES OF CONCERN MADE
BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND  THE  DEPARTMENT  OF
HEALTH;
  H.  AN  ANALYSIS  OF  THE  MEASURES TAKEN TO TRAIN, EDUCATE AND ASSIST
STATE AGENCY STAFF, VENDORS AND CONTRACTORS; AND
  I. A PLAN FOR THE  NEXT  REPORTING  PERIOD  THAT  IDENTIFIES  SPECIFIC
GOALS,  ACTIONS  AND  TIMELINES  NECESSARY  TO IMPLEMENT THE HEALTHY AND
GREEN PROCUREMENT POLICY.
  S 6. Paragraphs b and h of subdivision 1 of section 261 of the econom-
ic development law, paragraph b as amended by chapter 471 of the laws of

S. 875                              9

1998, and paragraph h as amended by section 14 of part SS of chapter  59
of  the laws of 2009, are amended and a new paragraph i is added to read
as follows:
  b. "Eligible  applicant"  or "applicant" shall mean: a small to medium
size business or nonprofit organization which  employs  less  than  five
hundred  workers  or  has  gross  annual  sales of less than ten million
dollars; OR ANY ENTITY GRANTED PREFERRED SOURCE STATUS FOR THE  PURPOSES
OF  STATE  PROCUREMENT  PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
STATE FINANCE LAW.
  h. "Eligible project" shall mean actions taken by or on behalf  of  [a
New  York  business]  AN  ELIGIBLE  APPLICANT involving the acquisition,
construction, alteration, repair or improvement of a building, fixtures,
machinery or equipment; THE REDESIGN, MODIFICATION, UPGRADE OR  REPLACE-
MENT  OF PROCESSES, PROCEDURES, WORK PRACTICES OR TECHNOLOGY; THE REFOR-
MULATION OR REDESIGN OF PRODUCTS; OR IMPROVEMENTS IN HOUSEKEEPING, MAIN-
TENANCE, TRAINING OR  INVENTORY  CONTROL,  provided  that  such  project
results in:
  (i)  source  reduction  or  material  substitution,  provided that the
substitution of one hazardous substance, product  or  nonproduct  output
for another does not result in the creation of a new risk,
  (ii) in-process recycling,
  (iii) recycling or reuse of non-hazardous solid wastes,
  (iv) increased energy efficiency,
  (v)  conservation  of  the  use  of  water  or other natural resources
improvements in process economics,
  (vi) elimination of the purchase of materials, the production of which
for the use of said firm would result in more waste or resource consump-
tion, [or]
  (vii) THE DEVELOPMENT, MANUFACTURE, PRODUCTION OR PROVISION OF HEALTHY
AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES AS  DEFINED  IN  SECTION
ONE HUNDRED SIXTY-FOUR-A OF THE STATE FINANCE LAW, OR
  (VIII)  other practices or technologies that reduce the use of hazard-
ous materials or otherwise improve air or water quality.
  The term "eligible project" shall also include actions taken by or  on
behalf  of a business to support costs of equipment, and/or the acquisi-
tion and/or rehabilitation of real property or structures located or  to
be  located in the state related to the collecting, sorting, and packag-
ing of empty beverage containers as such terms are defined in title  ten
of  article  twenty-seven  of  the environmental conservation law.  Such
actions shall be eligible for state assistance payments under the bever-
age container assistance program pursuant  to  section  27-1018  of  the
environmental conservation law.
  The  term  "eligible  project" shall not include end of pipe pollution
control technologies or practices where such controls or  practices  are
designed  primarily to achieve compliance with the environmental conser-
vation law or regulations promulgated pursuant thereto, or energy recov-
ery or incineration, or out-of-process recycling or reuse  of  hazardous
waste or hazardous substances.
  I. "HEALTHY AND GREEN COMMODITY, SERVICE OR TECHNOLOGY" SHALL MEAN ANY
COMMODITY,  SERVICE  OR TECHNOLOGY CONSISTENT WITH THE HEALTHY AND GREEN
PROCUREMENT POLICY, CRITERIA AND MINIMUM SPECIFICATIONS  ESTABLISHED  IN
SUBDIVISIONS  ONE, THREE AND FOUR OF SECTION ONE HUNDRED SIXTY-FOUR-A OF
THE STATE FINANCE LAW.
  S 7. 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

S. 875                             10

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  HEALTHY  AND  GREEN  COMMODITIES,
SERVICES OR TECHNOLOGIES;
  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 HEALTHY AND GREEN COMMODITIES,
SERVICES OR TECHNOLOGIES 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 HEALTHY AND GREEN COMMODITIES,  SERVICES  OR
TECHNOLOGIES;
  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 HEALTHY AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES 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 HEALTHY AND GREEN COMMODITIES,  SERVICES  OR
TECHNOLOGIES;  urging  their  expanded  consumption  of [secondary] SUCH
materials [and], products, COMMODITIES, SERVICES  AND  TECHNOLOGIES  and
establishing  markets  for  such  [secondary] materials [and], products,
COMMODITIES, SERVICES AND TECHNOLOGIES through the  use  of  letters  of
intent  and such other techniques as the commissioner may deem appropri-
ate;
  h. conduct market surveys of  the  potential  consumers  of  secondary
materials  and  products  manufactured  with  secondary materials AND OF
HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES;
  i. conduct surveys to determine  the  potential  supply  of  secondary
materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES in
the state;
  l.  provide  information  concerning  local  and  regional markets for
secondary materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECH-
NOLOGIES;
  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  8. 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  HEALTHY  AND  GREEN
COMMODITIES, SERVICES AND TECHNOLOGIES to reduce the amount of waste and
to  promote  energy  and resource conservation by the adoption OR USE of
such technologies [or], practices, COMMODITIES AND SERVICES by small and
medium sized firms in New York state.
  S 9. 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

S. 875                             11

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  HEALTHY  AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES, improve air or water quali-
ty and/or improve process economics.
  S  10.  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 HEALTHY AND GREEN COMMODITIES, SERVICES  AND  TECH-
NOLOGIES  within the state. The provisions of this subdivision shall not
be deemed to require or authorize the disclosure of confidential  infor-
mation  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  11. 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
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  12.  This  act  shall  take effect on the one hundred eightieth day
after it shall have become a law and shall apply only to state  procure-
ment  contracts  where the request for proposals or the request for bids
was issued after the effective date of this act; 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.

Co-Sponsors

view additional co-sponsors

S875A (ACTIVE) - Bill Details

Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd §§160 & 161, add §164-a, St Fin L; amd §261, Ec Dev L; amd §3-0311, En Con L
Versions Introduced in Previous Legislative Sessions:
2011-2012: S2663A
2009-2010: A7038A

S875A (ACTIVE) - Bill Texts

view summary

Enacts the "New York state healthy and green procurement act".

view sponsor memo
BILL NUMBER:S875A

TITLE OF BILL: An act to amend the state finance law, the economic
development law and the environmental conservation law, in relation to
the state procurement process and to healthy and green procurement

PURPOSE OR GENERAL IDEA OF BILL:

To establish a preference for the purchase of commodities, services
and technologies by the State of New York that minimizes potential
adverse impacts on public health and the environment.

SUMMARY OF SPECIFIC PROVISIONS:

Section one of the bill states that this act shall be known and may be
cited as the "New York State Healthy and Green Procurement Act".

Section two of the bill provides legislative findings and
declarations.

Section three of the bill amends subdivision five of section 160 of
the state finance Law to clarify the life cycle costs provisions
within the definition of "costs", and considers the costs of ownership
and any indirect environmental or health costs, if information is
available.

Section four of the bill amends subdivision one of section 161 of the
State Finance Law to increase the membership of the State Procurement
Council.

Section five of the bill adds a new section, 164a, to establish that
to the extent practicable that purchases should be to minimize adverse
environmental impacts. This section also provides that the Office of
General Services develop guidelines for healthy and green procurement.

This section does not require state agencies to purchase commodities
or services that do not meet the form, function and utility required
by the agency, or which would cost more than ten percent than an
alternative.

Section six of the bill amends the Economic Development Law to expand
an existing giant program for pollution prevention and secondary
materials marketing projects to include projects by small businesses,
nonprofit organizations and preferred sources (pursuant to S 162 of
the State Finance Law) to develop, manufacture or provide safe and
sustainable commodities, services or technologies.

Sections seven through nine of the bill amend section 261 of the
Economic Development Law to integrate Healthy and Green commodity
purchasing practices and technologies.

Section ten provides for an annual report to be made to the
Legislature and Governor regarding the status of green and healthy
considerations in the procurement process.


Section eleven amends 3-0311 of the Environmental Conservation Law to
require as part of the environmental audits that Healthy and Green
considerations be evaluated.

Section twelve of the bill provides for the effective date.

JUSTIFICATION:

As New York moves into the twenty-first century, it should serve as a
role model for practices that will create and maintain a healthy
environment and vibrant economy. The manufacture, use and disposal of
certain commodities and technologies, the construction of buildings
and other structures, and the provision of services may have adverse
impacts on public health and the environment. These impacts imposes
costs on the state and, ultimately, society as a whole in the form of
injury, disability and death, healthcare expenses, disposal, liability
and cleanup costs, the waste of resources and raw materials, and an
impaired natural environment. Encouraging innovation and creating and
choosing the safest, most sustainable commodities, services and
technologies will help to ensure a higher quality of life for present
and future generations. It will also put New York businesses in an
economically advantageous position to compete in an increasingly
global marketplace.

By avoiding the purchase of products and services with priority toxic
substances, the state can reduce the use and release of these
chemicals, prevent adverse ecological and health impacts, and protect
public health and the state's natural resources.

Including public health and environmental considerations in state
purchasing decisions can help New York attain these goals by promoting
and investing in commodities, services and technologies that improve
public health, conserve natural resources, and reward environmentally
conscious manufacturers. The Health and Green Procurement Act is based
on a precautionary approach to take anticipatory action to prevent
harm. Where credible evidence of a threat or harm to human health or
the environment exists, even when the exact nature and full magnitude
of a threat or harm is not yet proven, lack of full scientific
certainty about cause and effect shall not be viewed as a sufficient
reason to fail to consider a potentially adverse impact when assessing
a commodity, service or technology. Protecting public health and the
environment is a natural extension of, and consistent with, the
traditional considerations associated with state procurement practice,
including lowest price, best value, quality, cost and efficiency. Now,
determining quality, value and efficiency shall include the
consideration of public health and environmental impacts. For
instance, in considering natural resource impacts, the state would
consider energy and water use, renewable resource consumption,
recycled content, recyciability, waste prevention waste prevention,
remanufactured or bio-based content, and the potential for long-term
use through product durability, reparability, and reuse. When
comparing potential adverse health and environmental impacts, the
state would consider the following factors if trade-offs must be made
among such impacts: the overriding importance of Protecting human
health and the environment; reversibility, and the degree of
difference in performance. For example, when assessing products with


recycled content, preference would be given to material that does not
contain a priority toxic substance.

Considering such impacts early in the procurement process and adopting
an ethic of pollution prevention will not only reduce pollution and
waste, it will save money through a commodity, service or technology's
life cycle. The state would consider positive attributes that are
commonly accepted toxic substances, less hazardous or less toxic, low
in respiratory toxins and irritants, low in greenhouse gas emissions
or packaging, high in recycled content, resource efficient and
reusable. A major benefit of safe and sustainable procurement is
increased efficiency and reduced overall cost to government,
taxpayers, and society as a whole.

PRIOR LEGISLATIVE HISTORY:

S.2663A Introduced to Senate Committee on Finance

FISCAL IMPLICATIONS:

To Be Determined.

EFFECTIVE DATE:

This act shall take effect on the one hundred eightieth day after it
shall have become a law and shall apply only to state procurement
contracts where the request for proposals or the request for bids was
issued after the effective date of this act; 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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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 875--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO,  AVELLA, HOYLMAN, KRUEGER,
  LATIMER, VALESKY -- read twice and ordered printed, and  when  printed
  to  be  committed  to the Committee on Finance -- committee discharged
  and said bill committed to the Committee on Infrastructure and Capital
  Investment -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the state finance law, the economic development law  and
  the  environmental conservation law, in relation to the state procure-
  ment process and to healthy and green procurement

  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 healthy and green procurement act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds and declares that:
  (a)  As  New York moves into the twenty-first century the state should
serve as a role model for practices that  will  create  and  maintain  a
healthy  environment  and  vibrant  economy.  The  manufacture,  use and
disposal of commodities and technologies, the construction of  buildings
and the provision of services utilizing toxic chemicals may have adverse
impacts  on  public health and the environment. Persistent, bioaccumula-
tive toxic chemicals, such as mercury, lead, dioxin and poly  brominated
diphenyl  ethers,  are toxic in small amounts, remain in the environment
for long periods of time, and build to dangerous levels in humans,  fish
and  other  animals;  and  this  group of pollutants known as persistent
bioaccumulative toxic chemicals (PBT) pose risks to  public  health  and
the environment through their ability to cause cancer, birth defects and
endocrine  disruption.  Such  chemicals  have polluted hundreds of water
bodies, fish and waterfowl in the state. These  adverse  impacts  impose
costs  on  the  state and, ultimately, society as a whole in the form of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04607-02-3

S. 875--A                           2

injury, disease and death; health care expenses; disposal, liability and
cleanup costs; the waste of resources and raw materials; and an impaired
natural environment.  PBT and cancer-causing chemicals may be found in a
wide  range  of consumer products purchased by state agencies, including
lighting supplies,  computers  and  other  office  equipment,  vehicles,
medical  equipment,  building  supplies  and  printing inks. Encouraging
innovation, and creating  and  choosing  the  safest,  most  sustainable
commodities,  services  and  technologies  will  help to ensure a higher
quality of life for present and future generations. It will put New York
businesses in an advantageous position to compete in the global  market-
place.
  (b)  New  York  looks  forward  to  the time when the state's power is
generated from renewable and clean sources,  when  our  homes,  schools,
businesses   and   government   facilities   are  energy  efficient  and
constructed, refurbished and maintained using healthy and green products
and practices, when pollution prevention is embraced by  government  and
businesses  as  a  way  to  save money and protect public health and the
environment, when government and citizens use energy efficient and clean
vehicles, when pests are controlled with nontoxic or least toxic  alter-
natives,  when  our production of waste is significantly reduced and the
rest is recycled, and when our homes, schools, workplaces, food, air and
water are free from toxic contaminants.
  (c) Protecting public health and the environment  is  consistent  with
the  traditional  considerations associated with state procurement prac-
tice, including lowest price, best value, quality, cost and  efficiency.
Determining  quality,  value and efficiency should include the consider-
ation of public  health  and  environmental  impacts.  Considering  such
impacts  early  in  the  procurement  process  and  adopting an ethic of
pollution prevention will not only reduce pollution and waste,  it  will
reduce costs throughout a commodity, service or technology's life cycle.
  (d)  Through the volume of government procurement, government can play
a significant role in spurring private sector development of high  value
commodities  and  services.  This,  in  turn,  will  create business and
employment opportunities in  New  York  state,  foster  competition  and
harness  the  energy of the market to produce products and services that
perform better and cost less. As supply increases, prices will decrease,
and high performance, healthy and green commodities, services and  tech-
nologies will become more affordable for all consumers.
  S  3.  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, IF SUCH INFORMATION IS
READILY AVAILABLE, ANY INDIRECT ASSOCIATED PUBLIC  HEALTH  AND  ENVIRON-
MENTAL COSTS.
  S  4. 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:

S. 875--A                           3

  a.  The state procurement council shall continuously strive to improve
the state's procurement process.  Such council shall consist  of  [twen-
ty-one] TWENTY-FIVE members, including the commissioner, the state comp-
troller,  the director of the budget, the chief diversity officer [and],
the  commissioner  of  economic development, THE COMMISSIONER OF HEALTH,
AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, or their  respective
designees;  [seven]  FIVE  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  organization  engaged  solely  in the advocacy,
marketing and/or promotion of organic New York grown farm  and  agricul-
tural  products  to be limited to a two year term; and [eight] TWELVE at
large members appointed as follows: [three] FIVE appointed by the tempo-
rary 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 ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRON-
MENT; [three] FIVE 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  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; 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 5. The state finance law is amended by adding a new section 164-a to
read as follows:
  S 164-A. HEALTHY AND GREEN PROCUREMENT.  1. HEALTHY AND GREEN PROCURE-
MENT POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO  THE
EXTENT  PRACTICABLE  TO  PURCHASE COMMODITIES, SERVICES AND TECHNOLOGIES
THAT MINIMIZE POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND  THE  ENVI-
RONMENT  WHEN COMPARED WITH COMPETING COMMODITIES, SERVICES OR TECHNOLO-
GIES THAT SERVE THE SAME PURPOSE.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A.  "POLLUTION  PREVENTION" SHALL MEAN POLLUTION PREVENTION AS DEFINED
IN ARTICLE TWENTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
  B. "PRIORITY TOXIC SUBSTANCES OF CONCERN" SHALL INCLUDE,  BUT  NOT  BE
LIMITED  TO,  ANY  SUBSTANCE  LISTED AS KNOWN TO BE OR REASONABLY ANTIC-
IPATED, PURSUANT TO THE NATIONAL TOXICOLOGY PROGRAM REPORT  ON  CARCINO-
GENS,  TO  BE  A  HUMAN  CARCINOGEN IN THE NATIONAL TOXICOLOGY PROGRAM'S
BIENNIAL REPORT ON CARCINOGENS SUBMITTED TO THE UNITED  STATES  CONGRESS
BY THE SECRETARY OF HEALTH AND HUMAN SERVICES; AND ANY SUBSTANCE IDENTI-
FIED  AS  A  PERSISTENT  AND/OR BIOACCUMULATIVE TOXIC SUBSTANCE ON LISTS
MAINTAINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, INCLUD-
ING THE NATIONAL PARTNERSHIP FOR ENVIRONMENTAL PRIORITIES; OR THE INTER-
NATIONAL JOINT COMMISSION CREATED PURSUANT  TO  THE  GREAT  LAKES  WATER
QUALITY  AGREEMENT OF 1978; AND PERFLUORINATED COMPOUNDS, DIOXIN, BROMI-
NATED FLAME  RETARDANTS  AND  BISPHENOL  A  DUE  TO  THEIR  TOXICITY  IN
PRODUCTION, USE AND DISPOSAL.

S. 875--A                           4

  3. MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT.  CONSIST-
ENT  WITH DETERMINATIONS OF NEED REQUIRED BY SUBDIVISION FIVE OF SECTION
ONE HUNDRED SIXTY-THREE  OF  THIS  ARTICLE,  ALL  STATE  AGENCIES  SHALL
PROCURE  COMMODITIES,  SERVICES AND TECHNOLOGIES THAT MEET OR EXCEED THE
FOLLOWING MINIMUM SPECIFICATIONS:
  A. 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 AGENCY'S MINIMUM POST-CONSUMER MATERIAL  CONTENT  PERCENT-
AGES  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. THE COMMISSIONER SHALL ALSO MAKE  AVAIL-
ABLE TO ALL AGENCIES, ONE HUNDRED PERCENT POST-CONSUMER, PROCESSED CHLO-
RINE-FREE  COPY PAPER. ALL AGENCIES 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.
  B.  WASTE  REDUCTION.  AGENCIES 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.
AGENCIES SHALL FAVOR DURABILITY, REPAIRABILITY AND REUSE WHEN PURCHASING
SUPPLIES.  THE  COMMISSIONER  SHALL ESTABLISH MINIMUM SPECIFICATIONS FOR
WASTE REDUCTION WITHIN TWELVE MONTHS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  C.  ENERGY  EFFICIENCY.  ALL  COMMODITIES FOR WHICH THE FEDERAL ENERGY
MANAGEMENT PROGRAM OF THE UNITED STATES DEPARTMENT OF ENERGY HAS  ISSUED
PRODUCT  ENERGY  EFFICIENCY  RECOMMENDATIONS  SHALL  MEET OR EXCEED SUCH
RECOMMENDATIONS.  AGENCIES SHALL SEEK TO ACHIEVE  REDUCTIONS  IN  ENERGY
AND PETROLEUM CONSUMPTION; ADHERE TO ENERGY STAR BUILDING CRITERIA; SEEK
OUT  OFFICE  SPACE  AND REAL ESTATE INVESTMENTS IN BUILDINGS WITH ENERGY
STAR RATING; AND FOLLOW THE PUBLIC SERVICE COMMISSION'S RENEWABLE  PORT-
FOLIO  STANDARD  TO INCREASE THE PURCHASE OF RENEWABLE ENERGY SO THAT AT
LEAST TWENTY-FIVE PERCENT OF THE OVERALL ANNUAL ELECTRIC ENERGY REQUIRE-
MENTS OF BUILDINGS OWNED, LEASED OR OPERATED BY STATE AGENCIES  WILL  BE
RENEWABLE ENERGY BY TWO THOUSAND NINETEEN.
  D.   GREEN   BUILDINGS.   ALL   CAPITAL  PROJECTS  WITH  AN  ESTIMATED
CONSTRUCTION COST OF TWO MILLION  DOLLARS  OR  MORE  INVOLVING  (1)  THE
CONSTRUCTION OF A NEW BUILDING, (2) AN ADDITION TO AN EXISTING BUILDING,
OR  (3)  THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING BUILDING SHALL BE
DESIGNATED AND CONSTRUCTED TO COMPLY WITH BUILDING  STANDARDS  NOT  LESS
STRINGENT  THAN  THE  STANDARDS  PRESCRIBED  BY  THE UNITED STATES GREEN
BUILDING COUNCIL LEADERSHIP IN ENERGY AND  ENVIRONMENTAL  DESIGN  SILVER
RATING AND STANDARDS SET FORTH IN THE DEFINITION OF A "GREEN BASE BUILD-
ING" AS DEFINED IN SECTION NINETEEN OF THE TAX LAW, OR ANY PORTION THER-
EOF, ANY MODIFICATION OF OR AMENDMENTS THERETO, AND TO UTILIZE MATERIALS
WHICH DO NOT CONTAIN POLYVINYL CHLORIDE TO THE GREATEST EXTENT PRACTICA-
BLE.  IN ADDITION, ALL STATE-OWNED AND OPERATED BUILDINGS OF FIFTY THOU-
SAND  SQUARE FEET OR LARGER SHALL BE OPERATED TO MEET SUCH STANDARDS FOR
EXISTING BUILDINGS TO THE MAXIMUM EXTENT PRACTICABLE THAT IS COST EFFEC-
TIVE BY NOT LATER THAN TWO THOUSAND EIGHTEEN.
  4. SPECIFICATIONS TO INCORPORATE HEALTHY AND GREEN  PROCUREMENT.    A.
BEGINNING  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL STATE
AGENCIES, WHEN PROCURING COMMODITIES, SERVICES OR TECHNOLOGY PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE, SHALL FOLLOW  PRACTICES
AND  DEVELOP SOLICITATION SPECIFICATIONS THAT MEET OR EXCEED THE MINIMUM

S. 875--A                           5

SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT ESTABLISHED IN SUBDIVI-
SION THREE OF THIS SECTION. ALL SUCH CONTRACTS SHALL INCLUDE A STATEMENT
DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET.
  B. IN THE EVENT THAT AN AGENCY RECEIVES NO BIDS OR PROPOSALS THAT MEET
THE  SPECIFICATIONS  DEVELOPED  PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION, SUCH AGENCY MAY WITHDRAW THE REQUEST FOR  BIDS  OR  PROPOSALS  AND
BEGIN  A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT SUCH SPECIFICA-
TIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES;
PROVIDED, HOWEVER THAT SUCH AGENCY SHALL DOCUMENT THE REASONS  WHY  SUCH
PROCUREMENT  DOES  NOT  MEET  THE MINIMUM SPECIFICATIONS FOR HEALTHY AND
GREEN PROCUREMENT  ESTABLISHED  IN  THIS  SUBDIVISION  AND  SUBMIT  SUCH
DOCUMENTATION  TO  THE  COMMISSIONER  FOR INCLUSION IN THE ANNUAL REPORT
REQUIRED PURSUANT TO THIS SECTION AND TO THE OFFICE OF  THE  COMPTROLLER
FOR INCLUSION IN THE PROCUREMENT RECORD.
  5. BALANCING HEALTHY AND GREEN PROCUREMENT WITH PRICE, LOWEST COST AND
BEST VALUE.
  A.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED AS REQUIRING A STATE
AGENCY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THAT DOES NOT  MEET
THE  FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AGENCY, OR AS REQUIRING
A STATE AGENCY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THE COST OF
WHICH EXCEEDS THE COST OF AN ALTERNATIVE AVAILABLE COMMODITY OR  SERVICE
BY MORE THAN TEN PERCENT.
  B. WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES SHALL CONSIDER
COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THIS ARTICLE.
  6.  HEALTHY  AND GREEN PROCUREMENT OFFICER, COORDINATORS, COORDINATING
COUNCIL.
  A. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  THE  COMMISSIONER SHALL ASSIGN AN INDIVIDUAL WITHIN THE OFFICE
OF GENERAL SERVICES TO SERVE AS THE STATE HEALTHY AND GREEN  PROCUREMENT
OFFICER.    SUCH OFFICER SHALL ASSIST THE COMMISSIONER WITH CARRYING OUT
HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO:
  (I) ASSISTING THE COMMISSIONER WITH THE DEVELOPMENT AND  PROVISION  OF
GUIDANCE FOR HEALTHY AND GREEN PROCUREMENT PURSUANT TO THIS SECTION;
  (II)  THE  IDENTIFICATION  OF  AT  LEAST  THREE "TARGET CATEGORIES" OF
COMMODITIES, SERVICES AND/OR  TECHNOLOGIES  ANNUALLY  PURSUANT  TO  THIS
SECTION;
  (III)  THE  DEVELOPMENT OF CRITERIA FOR THE EVALUATION OF COMMODITIES,
SERVICES AND/OR TECHNOLOGIES WITHIN TARGETED CATEGORIES;
  (IV) THE CREATION OF APPROVED HEALTHY AND GREEN SUPPLIES LISTS;
  (V) THE EVALUATION OF CURRENT STATE AGENCY PROCUREMENT  PRACTICES  AND
THE  TRACKING OF PROGRESS IN IMPLEMENTING THE HEALTHY AND GREEN PROCURE-
MENT POLICY, INCLUDING THE  INTEGRATION  OF  ENVIRONMENTALLY  PREFERABLE
PURCHASING  AND  HEALTHY AND GREEN SUPPLIES LISTS FOR ALL NEW PURCHASING
OF PRODUCTS, SERVICES AND TECHNOLOGIES IN TARGET CATEGORIES;
  (VI) THE DEVELOPMENT OF THE ENVIRONMENTAL AUDIT PROGRAM;
  (VII) CONSIDERATION OF ADDITIONAL PRIORITY TOXIC SUBSTANCES OF CONCERN
AS RECOMMENDED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  AND  THE
DEPARTMENT OF HEALTH;
  (VIII) THE DEVELOPMENT OF GUIDELINES FOR PUBLIC PARTICIPATION;
  (IX) THE DESIGN AND IMPLEMENTATION OF TRAINING, OUTREACH AND EDUCATION
PROGRAMS;
  (X) DEVELOP METRICS FOR MEASURING PROGRESS IN IMPLEMENTING THE HEALTHY
AND  GREEN  PROCUREMENT  POLICY,  CRITERIA  AND  MINIMUM SPECIFICATIONS,
INCLUDING THE IDENTIFICATION OF MILESTONES AND QUANTIFIABLE  GOALS  THAT
CAN BE USED TO MEASURE SUCH PROGRESS;

S. 875--A                           6

  (XI)  THE PREPARATION AND SUBMITTAL OF ANNUAL REPORTS AND THE PERFORM-
ANCE OF A COMPREHENSIVE FIVE YEAR REVIEW; AND
  (XII)  ADVISE THE GOVERNOR AND THE LEGISLATURE REGARDING THE IMPLEMEN-
TATION OF THE HEALTHY AND GREEN PROCUREMENT POLICY.
  B. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  EACH  STATE  AGENCY  WITH  ONE HUNDRED EMPLOYEES OR MORE SHALL
ASSIGN AN INDIVIDUAL  WITHIN  SUCH  AGENCY  TO  SERVE  AS  THE  AGENCY'S
SUSTAINABLE PROCUREMENT COORDINATOR.
  7.  TARGET  COMMODITY,  SERVICE  AND/OR  TECHNOLOGY CATEGORIES. WITHIN
TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY  THERE-
AFTER,  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE STATE PROCUREMENT
COUNCIL, SHALL IDENTIFY  A  MINIMUM  OF  THREE  "TARGET  CATEGORIES"  OF
COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES,  WHICH FOR THE PURPOSES OF
THIS CHAPTER SHALL MEAN CATEGORIES OF COMMODITIES, SERVICES AND/OR TECH-
NOLOGIES PROCURED BY THE STATE WHICH  MAY  HAVE  AN  ADVERSE  IMPACT  ON
PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH HEALTHY AND GREEN COMMOD-
ITIES, SERVICES OR TECHNOLOGIES SHOULD BE IDENTIFIED AND SUBSTITUTED.
  8.  ENVIRONMENTALLY  PREFERABLE  PURCHASING  CRITERIA  FOR HEALTHY AND
GREEN PROCUREMENT. WITHIN TWELVE MONTHS OF THE IDENTIFICATION AND RECOM-
MENDATION OF AT LEAST THREE "TARGET CATEGORIES" PURSUANT TO  SUBDIVISION
SEVEN  OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION WITH THE STATE
PROCUREMENT COUNCIL SHALL DEVELOP ENVIRONMENTALLY PREFERABLE  PURCHASING
CRITERIA FOR THE EVALUATION AND PROCUREMENT OF PRODUCTS, SERVICES AND/OR
TECHNOLOGIES  WITHIN  SUCH  TARGETED  CATEGORIES.  THE FOLLOWING FACTORS
SHALL BE CONSIDERED IN THE DEVELOPMENT OF SUCH CRITERIA:
  A. PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT AND  THE  CONSERVA-
TION OF NATURAL RESOURCES;
  B.  THE  PROTECTION  OF DRINKING WATER, GROUNDWATER, SURFACE WATER AND
AIR (INCLUDING INDOOR AIR); AND THE PROTECTION OF ECOLOGICAL SYSTEMS;
  C. POLLUTION PREVENTION, INCLUDING, BUT NOT  LIMITED  TO,  CONSIDERING
HEALTHY  AND  GREEN  PROCUREMENT  DURING  THE DESIGN PHASE OF CUSTOMIZED
COMMODITIES, SERVICES OR TECHNOLOGIES;
  D. AVOIDANCE OF PRIORITY TOXIC SUBSTANCES; AND
  E. POSITIVE LIFE CYCLE ATTRIBUTES, INCLUDING BUT NOT  LIMITED  TO  THE
MINIMIZATION OF POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
RONMENT  ASSOCIATED WITH RAW MATERIALS ACQUISITION, PRODUCTION, MANUFAC-
TURING, PACKAGING, TRANSPORTATION, DISTRIBUTION, USE, OPERATION, MAINTE-
NANCE AND DISPOSAL.
  9. HEALTHY AND GREEN SUPPLY LISTS.
  A. FOR EACH TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY IDEN-
TIFIED AND RECOMMENDED PURSUANT TO SUBDIVISION SEVEN  OF  THIS  SECTION,
THE  COMMISSIONER,  IN  CONSULTATION WITH THE STATE PROCUREMENT COUNCIL,
SHALL APPROVE SPECIFIC  COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES  AS
CONSISTENT  WITH THE HEALTHY AND GREEN PROCUREMENT POLICY, MINIMUM SPEC-
IFICATIONS, AND ENVIRONMENTALLY PREFERABLE  PURCHASING  CRITERIA  ESTAB-
LISHED  IN  SUBDIVISIONS  ONE,  THREE  AND  EIGHT  OF THIS SECTION. SUCH
COMMODITY, SERVICE OR TECHNOLOGY SHALL THEN  BE  ADDED  TO  AN  APPROVED
HEALTHY AND GREEN SUPPLY LIST FOR SUCH CATEGORY.
  B.  THE COMMISSIONER SHALL CREATE AN APPROVED HEALTHY AND GREEN SUPPLY
LIST PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINISTRATIVE  PROCEDURE
ACT, FOR A TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY NO LATER
THAN  TWELVE  MONTHS  FOLLOWING THE IDENTIFICATION AND RECOMMENDATION OF
SUCH CATEGORY PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION,  AND  SHALL
REVIEW AND REVISE APPROVED LISTS ANNUALLY.
  10.  PROCUREMENT FROM HEALTHY AND GREEN SUPPLY LISTS.  A. WHEN PROCUR-
ING A COMMODITY, SERVICE OR TECHNOLOGY WITHIN A  TARGETED  CATEGORY  FOR

S. 875--A                           7

WHICH  AN APPROVED HEALTHY AND GREEN SUPPLY LIST HAS BEEN CREATED, STATE
AGENCIES SHALL PROCURE SUCH COMMODITY, SERVICE OR TECHNOLOGY  FROM  SUCH
LIST.
  B.  WHEN A STATE AGENCY WANTS TO PROCURE A COMMODITY, SERVICE OR TECH-
NOLOGY WITHIN A TARGETED CATEGORY FOR  WHICH  AN  APPROVED  HEALTHY  AND
GREEN SUPPLY LIST HAS BEEN CREATED, BUT SUCH COMMODITY, SERVICE OR TECH-
NOLOGY  DOES  NOT  APPEAR ON SUCH LIST, SUCH AGENCY MUST OBTAIN A WAIVER
FROM  THE  REQUIREMENTS  OF  THIS  SUBDIVISION  FROM  THE  COMMISSIONER,
PROVIDED,  HOWEVER,  THAT  SUCH  WAIVER  SHALL  NOT  BE REQUIRED FOR THE
PURCHASE OF COMMODITIES, SERVICES  AND/OR  TECHNOLOGIES  FROM  THE  LIST
AVAILABLE  FOR PURCHASE FROM PREFERRED SOURCES MAINTAINED BY THE COMMIS-
SIONER PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO  OF  THIS  ARTICLE.  AN
APPLICATION  FOR SUCH A WAIVER SHALL BE FILED WITH THE COMMISSIONER, WHO
SHALL NOTIFY THE PUBLIC, PROVIDE FOR A PUBLIC COMMENT PERIOD, AND RENDER
A WRITTEN DECISION ON SUCH APPLICATION WITHIN FORTY-FIVE DAYS. A  WAIVER
MAY  BE  GRANTED  WHEN  NO  COMMODITY, SERVICE AND/OR TECHNOLOGY ON SUCH
APPROVED ALTERNATIVES LIST MEETS AN AGENCY'S PERFORMANCE  STANDARDS.  IN
ORDER  TO  OBTAIN  A WAIVER, THE STATE AGENCY REQUESTING THE WAIVER MUST
SHOW THAT IT HAS:
  (I) THOROUGHLY TESTED EACH  COMMODITY  OR  TECHNOLOGY,  OR  THOROUGHLY
INVESTIGATED EACH SERVICE, ON THE APPROVED SUPPLY LIST AND NONE MEET THE
AGENCY'S PERFORMANCE STANDARDS;
  (II) DISCLOSED THE USE AND INTENSITY OF USE FOR THE COMMODITY, SERVICE
OR TECHNOLOGY AND DEVELOPED A REASONABLE PLAN TO MINIMIZE THE USE OF THE
SELECTED  COMMODITY, SERVICE OR TECHNOLOGY AND PROTECT EMPLOYEES AND THE
PUBLIC FROM EXPOSURE TO ANY PRIORITY TOXIC SUBSTANCE OF CONCERN; AND
  (III) PREPARED A PLAN TO  INVESTIGATE  ALTERNATIVES  TO  THE  SELECTED
COMMODITY, SERVICE OR TECHNOLOGY DURING THE WAIVER PERIOD.
  C.  A  STATE  AGENCY  MAY  PROCURE  A COMMODITY, SERVICE OR TECHNOLOGY
THROUGH A PROCESS THAT DOES NOT COMPLY WITH THIS  SUBDIVISION  WHEN  THE
PURCHASE  OF  A COMMODITY, SERVICE OR TECHNOLOGY IS NECESSARY TO RESPOND
TO AN EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR SAFETY,  PROVIDED  SUCH
AGENCY  SHALL  WITHIN SEVEN BUSINESS DAYS FILE A WRITTEN REPORT WITH THE
COMMISSIONER AND THE OFFICE OF THE COMPTROLLER, WHICH SHALL BECOME  PART
OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
MATION:
  (I) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH THIS
SUBDIVISION;
  (II)  THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (III) A DESCRIPTION OF THE  STEPS  BEING  TAKEN  TO  SAFEGUARD  PUBLIC
HEALTH AND SAFETY DURING THE EMERGENCY; AND
  (IV)  AN  EXPLANATION  OF  HOW SUCH AN EMERGENCY CAN BE AVOIDED IN THE
FUTURE.
  11. TRACKING OF PROCUREMENT PRACTICES AND DATA.  WITHIN TWELVE  MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION
WITH THE STATE PROCUREMENT COUNCIL, SHALL:
  A.  REVIEW ALL PROCUREMENT REGULATIONS, GENERIC SOLICITATION LANGUAGE,
SPECIFICATIONS AND PROCEDURES TO ENSURE THAT THEY DO NOT  CONFLICT  WITH
THE  HEALTHY  AND  GREEN  PROCUREMENT POLICY, MINIMUM SPECIFICATIONS AND
CRITERIA ESTABLISHED PURSUANT TO SUBDIVISIONS ONE, THREE  AND  EIGHT  OF
THIS SECTION.
  B.  DEVELOP  METRICS AND IDENTIFICATION OF MILESTONES AND QUANTIFIABLE
GOALS THAT CAN BE USED TO MEASURE PROGRESS IN IMPLEMENTING  THE  STATE'S
HEALTHY AND GREEN PROCUREMENT POLICY.

S. 875--A                           8

  C.  DEVELOP  AN  EFFICIENT  AND  PRACTICABLE METHOD FOR COLLECTING AND
COMPILING PROCUREMENT DATA FROM STATE AGENCIES, INCLUDING BUT NOT LIMIT-
ED TO ESTIMATES OF THE VOLUME SPENT,  QUANTITY  PURCHASED,  AND  GENERAL
PURCHASING  TRENDS FOR COMMODITIES, SERVICES AND TECHNOLOGIES, INCLUDING
HEALTHY  AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES INCLUDED IN AN
APPROVED SUPPLY LIST OR A CENTRALIZED CONTRACT.
  12. TRAINING, OUTREACH AND EDUCATION.  A. WITH THE ASSISTANCE  OF  THE
DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH, AND
THE OFFICE OF THE COMPTROLLER, THE COMMISSIONER, WITHIN TWELVE MONTHS OF
THE EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND  BEGIN  IMPLEMENTA-
TION  OF  A  HEALTHY  AND  GREEN PROCUREMENT TRAINING PROGRAM FOR SENIOR
MANAGERS AND STATE AGENCY 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 ONGO-
ING TRAINING.
  B. WITH THE ASSISTANCE OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
AND THE DEPARTMENT OF HEALTH, THE COMMISSIONER, WITHIN  EIGHTEEN  MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, SHALL:
  (I)  DESIGN  AND BEGIN IMPLEMENTATION OF A HEALTHY AND GREEN EDUCATION
AND OUTREACH PROGRAM FOR AGENCY PROCUREMENT STAFF, TO  ENSURE  THAT  ALL
PROCUREMENT  STAFF  ARE  AWARE OF THE STATE'S PREFERENCE FOR HEALTHY AND
GREEN COMMODITIES, SERVICES AND TECHNOLOGIES.
  (II) DESIGN AND BEGIN IMPLEMENTATION  OF  AN  EDUCATION  AND  OUTREACH
PROGRAM  FOR  CONTRACTORS  AND  VENDORS TO PROVIDE THEM WITH INFORMATION
ABOUT THE DEVELOPMENT OF HEALTHY AND  GREEN  COMMODITIES,  SERVICES  AND
TECHNOLOGIES AND IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  13.  ANNUAL  REPORT  TO  THE GOVERNOR AND LEGISLATURE. WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER IN
NOVEMBER, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO  THE  GOVER-
NOR,  THE  SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE. SUCH REPORT SHALL INCLUDE:
  A. IDENTIFICATION OF THE SPECIFIC MEASURES TAKEN  BY  STATE  AGENCIES,
AND  AN  EVALUATION  OF THE EFFECTIVENESS OF SUCH MEASURES, TO IMPLEMENT
THE HEALTHY AND GREEN PROCUREMENT POLICY, INCLUDING PROGRESS MADE TOWARD
THE ACHIEVEMENT OF ANY MILESTONES OR QUANTIFIABLE  GOALS  IDENTIFIED  BY
THE  COMMISSIONER PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND, TO
THE EXTENT PRACTICABLE, A QUALITATIVE ASSESSMENT OF THE HEALTH AND ENVI-
RONMENTAL BENEFITS OF THE POLICY;
  B. EVALUATION OF THE RESOURCES AVAILABLE TO IMPLEMENT SUCH POLICY, AND
WHETHER SUCH RESOURCES ARE SUFFICIENT;
  C. RECOMMENDATIONS FOR LEGISLATION OR ANY OTHER  SPECIFIC  ACTIONS  OR
CHANGES NEEDED TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS SECTION;
  D.  A  LIST  OF TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORIES
AND APPROVED HEALTHY AND  GREEN  SUPPLY  LISTS  IDENTIFIED  AND  CREATED
PURSUANT TO SUBDIVISIONS SEVEN AND NINE OF THIS SECTION;
  E.  A LIST OF HEALTHY AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES
AVAILABLE FOR PURCHASE THROUGH CENTRALIZED CONTRACTS;
  F. A COMPILATION OF PROCUREMENT DATA COLLECTED USING METHODS DEVELOPED
PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION;
  G. ADDITIONS TO THE LIST OF PRIORITY TOXIC SUBSTANCES OF CONCERN  MADE
BY  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION AND THE DEPARTMENT OF
HEALTH;
  H. AN ANALYSIS OF THE MEASURES TAKEN  TO  TRAIN,  EDUCATE  AND  ASSIST
STATE AGENCY STAFF, VENDORS AND CONTRACTORS; AND

S. 875--A                           9

  I.  A  PLAN  FOR  THE  NEXT  REPORTING PERIOD THAT IDENTIFIES SPECIFIC
GOALS, ACTIONS AND TIMELINES NECESSARY  TO  IMPLEMENT  THE  HEALTHY  AND
GREEN PROCUREMENT POLICY.
  S 6. Paragraphs b and h of subdivision 1 of section 261 of the econom-
ic development law, paragraph b as amended by chapter 471 of the laws of
1998,  and paragraph h as amended by section 14 of part SS of chapter 59
of the laws of 2009, are amended and a new paragraph i is added to  read
as follows:
  b. "Eligible  applicant"  or "applicant" shall mean: a small to medium
size business or nonprofit organization which  employs  less  than  five
hundred  workers  or  has  gross  annual  sales of less than ten million
dollars; OR ANY ENTITY GRANTED PREFERRED SOURCE STATUS FOR THE  PURPOSES
OF  STATE  PROCUREMENT  PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
STATE FINANCE LAW.
  h. "Eligible project" shall mean actions taken by or on behalf  of  [a
New  York  business]  AN  ELIGIBLE  APPLICANT involving the acquisition,
construction, alteration, repair or improvement of a building, fixtures,
machinery or equipment; THE REDESIGN, MODIFICATION, UPGRADE OR  REPLACE-
MENT  OF PROCESSES, PROCEDURES, WORK PRACTICES OR TECHNOLOGY; THE REFOR-
MULATION OR REDESIGN OF PRODUCTS; OR IMPROVEMENTS IN HOUSEKEEPING, MAIN-
TENANCE, TRAINING OR  INVENTORY  CONTROL,  provided  that  such  project
results in:
  (i)  source  reduction  or  material  substitution,  provided that the
substitution of one hazardous substance, product  or  nonproduct  output
for another does not result in the creation of a new risk,
  (ii) in-process recycling,
  (iii) recycling or reuse of non-hazardous solid wastes,
  (iv) increased energy efficiency,
  (v)  conservation  of  the  use  of  water  or other natural resources
improvements in process economics,
  (vi) elimination of the purchase of materials, the production of which
for the use of said firm would result in more waste or resource consump-
tion, [or]
  (vii) THE DEVELOPMENT, MANUFACTURE, PRODUCTION OR PROVISION OF HEALTHY
AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES AS  DEFINED  IN  SECTION
ONE HUNDRED SIXTY-FOUR-A OF THE STATE FINANCE LAW, OR
  (VIII)  other practices or technologies that reduce the use of hazard-
ous materials or otherwise improve air or water quality.
  The term "eligible project" shall also include actions taken by or  on
behalf  of a business to support costs of equipment, and/or the acquisi-
tion and/or rehabilitation of real property or structures located or  to
be  located in the state related to the collecting, sorting, and packag-
ing of empty beverage containers as such terms are defined in title  ten
of  article  twenty-seven  of  the environmental conservation law.  Such
actions shall be eligible for state assistance payments under the bever-
age container assistance program pursuant  to  section  27-1018  of  the
environmental conservation law.
  The  term  "eligible  project" shall not include end of pipe pollution
control technologies or practices where such controls or  practices  are
designed  primarily to achieve compliance with the environmental conser-
vation law or regulations promulgated pursuant thereto, or energy recov-
ery or incineration, or out-of-process recycling or reuse  of  hazardous
waste or hazardous substances.
  I. "HEALTHY AND GREEN COMMODITY, SERVICE OR TECHNOLOGY" SHALL MEAN ANY
COMMODITY,  SERVICE  OR TECHNOLOGY CONSISTENT WITH THE HEALTHY AND GREEN
PROCUREMENT POLICY, CRITERIA AND MINIMUM SPECIFICATIONS  ESTABLISHED  IN

S. 875--A                          10

SUBDIVISIONS  ONE, THREE AND FOUR OF SECTION ONE HUNDRED SIXTY-FOUR-A OF
THE STATE FINANCE LAW.
  S  7.  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 HEALTHY AND GREEN COMMODITIES,
SERVICES OR TECHNOLOGIES;
  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  HEALTHY  AND  GREEN  COMMODITIES,
SERVICES OR TECHNOLOGIES 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 HEALTHY AND GREEN COMMODITIES, SERVICES OR
TECHNOLOGIES;
  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  HEALTHY  AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES 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 HEALTHY AND GREEN COMMODITIES, SERVICES OR
TECHNOLOGIES; urging their  expanded  consumption  of  [secondary]  SUCH
materials  [and],  products,  COMMODITIES, SERVICES AND TECHNOLOGIES and
establishing markets for such  [secondary]  materials  [and],  products,
COMMODITIES,  SERVICES  AND  TECHNOLOGIES  through the use of letters of
intent and such other techniques as the commissioner may deem  appropri-
ate;
  h.  conduct  market  surveys  of  the potential consumers of secondary
materials and products manufactured  with  secondary  materials  AND  OF
HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES;
  i.  conduct  surveys  to  determine  the potential supply of secondary
materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES in
the state;
  l. provide information  concerning  local  and  regional  markets  for
secondary materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECH-
NOLOGIES;
  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 8. 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 HEALTHY AND GREEN
COMMODITIES, SERVICES AND TECHNOLOGIES to reduce the amount of waste and
to promote energy and resource conservation by the adoption  OR  USE  of
such technologies [or], practices, COMMODITIES AND SERVICES by small and
medium sized firms in New York state.

S. 875--A                          11

  S 9. 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 HEALTHY AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES, improve air or water quali-
ty and/or improve process economics.
  S 10. 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 HEALTHY AND GREEN COMMODITIES, SERVICES AND TECH-
NOLOGIES within the state. The provisions of this subdivision shall  not
be  deemed to require or authorize the disclosure of confidential infor-
mation 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 11. 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
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 12. This act shall take effect on  the  one  hundred  eightieth  day
after  it shall have become a law and shall apply only to state procure-
ment contracts where the request for proposals or the request  for  bids
was issued after the effective date of this act; 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.

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