S T A T E   O F   N E W   Y O R K
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                                  2566

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            January 20, 2015
                               ___________

Introduced by M. of A. ENGLEBRIGHT, ORTIZ, GALEF, ROSENTHAL -- read once
  and referred to the Committee on Education

AN ACT to amend the education law and the state finance law, in relation
  to  the  procurement  and use of environmentally sensitive commodities
  and services

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

  Section 1. Legislative intent. The legislature finds and declares that
it  shall  be the policy of the state of New York to provide every child
with an environmentally safe and healthy learning environment  in  which
to grow, learn and mature into productive and healthy adults. The legis-
lature  further  finds that schools are major consumers and disposers of
supplies and materials, and that schools should serve as role models for
environmentally responsible behavior with regard to energy conservation,
reduced consumption and disposal of toxic and hazardous materials. Chil-
dren are uniquely vulnerable to and may be severely affected by exposure
to chemicals, hazardous wastes and other  environmental  hazards,  which
affect  their  learning  abilities  as  well  as  create  chemical-based
responses and sensitivities. When health threats are caused by the pres-
ence of toxic materials, the cost to individual school districts and the
state are enormous in terms of staff time  and  effort,  cleanup  costs,
school  closing  and liability. Therefore, to provide a safe and healthy
environment for our children  in  school,  the  legislature  finds  that
school  districts  should  be  informed  of and consider the purchase of
environmentally sensitive products and services. It is  the  purpose  of
this legislation to reduce as much as possible toxic exposures for chil-
dren and school staff.
  S  2. Subdivision 1 of section 409 of the education law, as amended by
section 4 of part L of chapter 405 of the laws of 1999,  is  amended  to
read as follows:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06827-01-5

              

A. 2566                             2

  1.  All  school buildings of common, union free, central, central high
school and city school districts other than  city  school  districts  of
cities  having  one hundred twenty-five thousand inhabitants or more and
boards of cooperative educational services shall comply with such  regu-
lations  as  the  commissioner  shall  adopt  from  time to time for the
purpose of insuring the  health  and  safety  of  pupils  and  staff  in
relation  to  proper  heating,  lighting,  ventilation,  sanitation  and
health, fire and accident protection, EXCEPT THAT SECTION  FOUR  HUNDRED
NINE-L  OF  THIS  ARTICLE SHALL APPLY TO ALL SCHOOL DISTRICTS, INCLUDING
CITY SCHOOL DISTRICTS OF CITIES HAVING ONE HUNDRED TWENTY-FIVE  THOUSAND
INHABITANTS OR MORE AND TO BOARDS OF COOPERATIVE EDUCATIONAL SERVICES.
  S  3.  The  education  law is amended by adding a new section 409-l to
read as follows:
  S 409-L. PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE  COMMODITIES
AND  SERVICES.  1.  FOR THE PURPOSES OF THIS SECTION THE FOLLOWING TERMS
SHALL MEAN:
  (A) "ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES"  MEANS  THOSE
COMMODITIES  AND  SERVICES  THAT  MINIMIZE ADVERSE IMPACTS ON CHILDREN'S
HEALTH AND THE ENVIRONMENT AS DETERMINED BY THE COMMISSIONER OF  GENERAL
SERVICES.
  (B)  "COMMODITY"  OR  "COMMODITIES"  MEANS  MATERIAL, GOODS, SUPPLIES,
PRODUCTS, CONSTRUCTION ITEMS AND OTHER  STANDARD  ARTICLES  OF  COMMERCE
OTHER  THAN  TECHNOLOGY AND EXCLUDING CONTRACTS FOR STATE PRINTING WHICH
ARE THE SUBJECT OF ANY PURCHASE OR OTHER EXCHANGE.
  (C)  "CONSTRUCTION  ITEM"  MEANS  ANY  ITEM  OR   MATERIAL   USED   IN
CONSTRUCTION  AND  WHICH  IS  PROCURED  DIRECTLY BY A SCHOOL DISTRICT OR
BOARD OF COOPERATIVE EDUCATIONAL SERVICES OR BY A PERSON UNDER  CONTRACT
BY A SCHOOL DISTRICT OR BOARD OF COOPERATIVE EDUCATIONAL SERVICES.
  (D)  "SERVICE"  OR  "SERVICES" MEANS, EXCEPT WITH RESPECT TO CONTRACTS
FOR STATE PRINTING, THE PERFORMANCE OF A TASK OR TASKS AND MAY INCLUDE A
MATERIAL GOOD OR A QUANTITY OF MATERIAL GOODS, AND WHICH IS  SUBJECT  OF
ANY  PURCHASE OR OTHER EXCHANGE. FOR THE PURPOSES OF THIS SECTION, TECH-
NOLOGY SHALL BE DEEMED A SERVICE.
  2. THE COMMISSIONER OF GENERAL  SERVICES,  IN  CONSULTATION  WITH  THE
COMMISSIONER  AND THE COMMISSIONERS OF HEALTH AND LABOR, SHALL ESTABLISH
AND FROM TIME TO TIME AMEND GUIDELINES AND SPECIFICATIONS  FOR  ENVIRON-
MENTALLY  SENSITIVE  COMMODITIES  AND  SERVICES  FOR  USE IN ELEMENTARY,
SECONDARY AND VOCATIONAL SCHOOL BUILDINGS; FOR SCHOOL OR  SCHOOL-RELATED
ACTIVITIES  ON SCHOOL PROPERTIES; AND FOR USE IN THE CONSTRUCTION, RENO-
VATION OR REPAIR OF SUCH SCHOOL BUILDINGS AND RELATED  FACILITIES.  SUCH
GUIDELINES  SHALL  BE USED TO IDENTIFY ENVIRONMENTALLY SENSITIVE COMMOD-
ITIES AND SERVICES WHICH ARE AVAILABLE IN THE FORM, FUNCTION AND UTILITY
GENERALLY USED BY SUCH FACILITIES.  SUCH COMMISSIONERS SHALL REVIEW  AND
EVALUATE  EXISTING  RESEARCH REGARDING ENVIRONMENTALLY SENSITIVE COMMOD-
ITIES AND SERVICES, INCLUDING BUT NOT  LIMITED  TO,  THE  UNITED  STATES
ENVIRONMENTAL  PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSI-
TIVE COMMODITIES AND SERVICES, FOR THE PURPOSE OF DEVELOPING APPROPRIATE
CRITERIA FOR SUCH GUIDELINES AND SPECIFICATIONS.
  3. THE COMMISSIONER OF  GENERAL  SERVICES  SHALL  DISSEMINATE  TO  ALL
SCHOOL  DISTRICTS  AND BOARDS OF COOPERATIVE EDUCATIONAL SERVICES GUIDE-
LINES AND SPECIFICATIONS FOR THE  PURCHASE  OR  USE  OF  ENVIRONMENTALLY
SENSITIVE  COMMODITIES  AND  SERVICES IN ELEMENTARY, SECONDARY AND VOCA-
TIONAL SCHOOL BUILDINGS; FOR  SCHOOL  OR  SCHOOL-RELATED  ACTIVITIES  ON
SCHOOL  PROPERTIES;  AND  FOR  USE  IN  THE CONSTRUCTION, RENOVATION, OR
REPAIR OF SUCH SCHOOL BUILDINGS AND RELATED FACILITIES. THE COMMISSIONER
OF GENERAL SERVICES SHALL ALSO PREPARE AND  DISSEMINATE  TO  ALL  SCHOOL

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DISTRICTS  AND  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES A SAMPLE LIST
OF SUCH ENVIRONMENTALLY SENSITIVE COMMODITIES  AND  SERVICES  THAT  MEET
THESE  GUIDELINES  OR  SPECIFICATIONS AND THEIR ENVIRONMENTAL AND HEALTH
BENEFITS.    SCHOOL  DISTRICTS  AND  BOARDS  OF  COOPERATIVE EDUCATIONAL
SERVICES SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE  LIST
WHEN   MAKING   DETERMINATIONS   AS  TO  THE  PURCHASE  OF  COMMODITIES,
CONSTRUCTION ITEMS OR SERVICES FOR USE IN A SCHOOL  BUILDING  OR  BUILD-
INGS,  FOR  SCHOOL  OR  SCHOOL-RELATED  ACTIVITIES,  OR  FOR  USE IN THE
CONSTRUCTION, RENOVATION, OR REPAIR OF SCHOOL BUILDINGS. WHERE  APPLICA-
BLE  AND  APPROPRIATE, SCHOOL DISTRICTS AND BOARDS OF COOPERATIVE EDUCA-
TIONAL SERVICES SHALL INCLUDE EVIDENCE OF SUCH CONSIDERATION IN  A  PLAN
FOR  THE  CONSTRUCTION,  RENOVATION OR REPAIR OF A SCHOOL BUILDING WHICH
MUST BE SUBMITTED TO THE COMMISSIONER FOR APPROVAL PURSUANT  TO  SECTION
FOUR HUNDRED EIGHT OF THIS ARTICLE.
  4.  SCHOOL  DISTRICTS  AND  BOARDS OF COOPERATIVE EDUCATIONAL SERVICES
SHALL NOTIFY ALL SCHOOLS UNDER THEIR JURISDICTIONS OF  THE  AVAILABILITY
OF SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST.
  5. ON OR BEFORE JUNE FIRST, TWO THOUSAND SIXTEEN, THE OFFICE OF GENER-
AL SERVICES AND THE DEPARTMENT SHALL JOINTLY ISSUE A REPORT PROVIDING AN
ANALYSIS  OF  THE  IMPACT  OF  SUCH GUIDELINES AND SPECIFICATIONS ON THE
PURCHASING AND PROCUREMENT PRACTICES OF SCHOOL DISTRICTS AND  BOARDS  OF
COOPERATIVE EDUCATIONAL SERVICES.
  S  4. Paragraph b of subdivision 3 of section 163 of the state finance
law is amended by adding a new subparagraph (xiii) to read as follows:
  (XIII) MAINTAIN A LIST OF FIRMS WHICH PRODUCE OR MANUFACTURE OR  OFFER
FOR SALE ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN THE FORM,
FUNCTION  AND  UTILITY  GENERALLY USED BY SCHOOL DISTRICTS AND BOARDS OF
COOPERATIVE EDUCATIONAL SERVICES IN ACCORDANCE  WITH  SPECIFICATIONS  OR
GUIDELINES  PROMULGATED  PURSUANT  TO SECTION FOUR HUNDRED NINE-L OF THE
EDUCATION LAW.
  S 5. This act shall take effect on the first of July  next  succeeding
the  date on which it shall have become a law; provided that the commis-
sioners of education and general services are authorized  to  promulgate
any  and all rules and regulations and take any other measures necessary
to implement this act on its effective date on or before such date;  and
provided, further, that the amendment to paragraph b of subdivision 3 of
section  163  of  the state finance law made by section four of this act
shall not affect the repeal of such section and shall be deemed repealed
therewith.