S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4858
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 3, 2017
                                ___________
 
 Introduced by M. of A. GIGLIO -- read once and referred to the Committee
   on Environmental Conservation
 
 AN  ACT  to  amend the state finance law, the general municipal law, the
   education law, the economic  development  law  and  the  environmental
   conservation  law,  in  relation to state environmental purchasing and
   intergovernmental agreements; and  to  repeal  section  409-i  of  the
   education  law  and section 163-b of the state finance law relating to
   environmentally-sensitive cleaning and maintenance products
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  This act shall be known and may be cited as the "New York
 state environmental purchasing act".
   § 2. Subdivision 5 of section 160 of the state finance law,  as  added
 by chapter 83 of the laws of 1995, is amended to read as follows:
   5.  "Costs"  as  used  in  this  article shall be quantifiable and may
 include, without limitation, the price of  the  given  good  or  service
 being  purchased;  the administrative, training, storage, maintenance or
 other overhead associated with a given good or  service;  the  value  of
 warranties, delivery schedules, financing costs and foregone opportunity
 costs  associated  with  a  given good or service; and the life span and
 associated  life  cycle  costs  of  the  given  good  or  service  being
 purchased.  Life  cycle  costs may include, but shall not be limited to,
 costs or savings associated with RAW MATERIALS, PRODUCTION,  MANUFACTUR-
 ING,  construction,  PACKAGING,  DISTRIBUTION,  USE, energy use, mainte-
 nance, operation, and salvage or disposal,  AND  ANY  ASSOCIATED  PUBLIC
 HEALTH AND ENVIRONMENTAL COSTS.
   §  3. Paragraph a of subdivision 1 of section 161 of the state finance
 law, as amended by chapter 452 of the laws of 2012, is amended  to  read
 as follows:
   a.  The state procurement council shall continuously strive to improve
 the state's procurement process.  Such council shall consist  of  [twen-

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

                                                            LBD08019-01-7

 A. 4858                             2

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

 A. 4858                             3
 
   O. MAKE RECOMMENDATIONS TO THE COMMISSIONER FOR "TARGET CATEGORIES" OF
 COMMODITIES, SERVICES AND/OR TECHNOLOGIES WHICH FOR THE PURPOSES OF THIS
 SECTION SHALL MEAN BROAD  CATEGORIES  OF  COMMODITIES,  SERVICES  AND/OR
 TECHNOLOGIES  ROUTINELY  PROCURED BY THE STATE WHICH MAY HAVE AN ADVERSE
 IMPACT  ON  PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH MORE ENVIRON-
 MENTALLY  PREFERABLE  PRODUCTS  SHOULD  BE  IDENTIFIED  AND  SUBSTITUTED
 CONSISTENT  WITH  THE  GOALS AND STANDARDS SET FORTH IN ARTICLE TEN-A OF
 THIS CHAPTER.
   § 5. Subparagraph (viii) of paragraph b of subdivision  3  of  section
 163  of  the state finance law, as amended by chapter 381 of the laws of
 2014, is amended to read as follows:
   (viii) maintain a list of contractors which produce or manufacture  or
 offer  for  sale  [environmentally-sensitive  cleaning  and  maintenance
 products in the form, function and utility generally used by  elementary
 and secondary schools] ENVIRONMENTALLY PREFERABLE PRODUCTS in accordance
 with  specifications or guidelines promulgated pursuant to [section four
 hundred nine-i of the education law] ARTICLE TEN-A OF THIS CHAPTER.
   § 6. The state finance law is amended by adding a new article 10-A  to
 read as follows:
                                ARTICLE 10-A
                      STATE ENVIRONMENTAL PURCHASING
 SECTION 159-A. DEFINITIONS.
         159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE.
         159-C. AGENCY ENVIRONMENTAL EXECUTIVES.
         159-D. INTERAGENCY   COMMITTEE   ON   SUSTAINABILITY  AND  GREEN
                  PROCUREMENT.
         159-E. ISSUE-SPECIFIC TASK FORCES.
         159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM.
         159-G. STATE AGENCY RESPONSIBILITIES.
         159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES.
         159-I. BUSINESS DEVELOPMENT AND GUIDANCE.
   § 159-A. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1. "ENERGY STAR" MEANS A DESIGNATION FROM THE UNITED  STATES  ENVIRON-
 MENTAL PROTECTION AGENCY OR DEPARTMENT OF ENERGY INDICATING THAT A PROD-
 UCT  MEETS  THE  ENERGY EFFICIENCY STANDARDS SET FORTH BY THE AGENCY FOR
 COMPLIANCE WITH THE ENERGY STAR PROGRAM.
   2. "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR INSTRUC-
 TION OF ELEMENTARY OR SECONDARY STUDENTS BY: (A)  ANY  SCHOOL  DISTRICT,
 INCLUDING  A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL DISTRICT IN A
 CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS
 OR MORE, (B) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (C) A  CHARTER
 SCHOOL,  (D)  AN  APPROVED  PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS
 WITH DISABILITIES, (E) A STATE-SUPPORTED SCHOOL FOR THE  DEAF  OR  BLIND
 OPERATED  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND (F)
 ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL.
   3. "ENVIRONMENTALLY PREFERABLE PRODUCTS" MEANS BUT SHALL NOT BE LIMIT-
 ED TO PRODUCTS AND SERVICES THAT: CONTAIN RECYCLED  MATERIALS,  CONSERVE
 ENERGY  OR  WATER,  MINIMIZE WASTE, ARE LESS TOXIC AND HAZARDOUS, REDUCE
 THE GENERATION, RELEASE OR DISPOSAL OF TOXIC  SUBSTANCES,  PROTECT  OPEN
 SPACE,  AND/OR  OTHERWISE LESSEN THE IMPACT OF SUCH PRODUCTS OR SERVICES
 ON PUBLIC HEALTH AND THE ENVIRONMENT.
   4. "ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL" MEANS A TOOL FOR
 EVALUATING THE ENVIRONMENTAL PERFORMANCE OF ELECTRONIC PRODUCTS THROUGH-
 OUT THEIR LIFE CYCLE DEVELOPED  BY  THE  FEDERAL  GOVERNMENT  AND  OTHER
 STAKEHOLDERS.

 A. 4858                             4
 
   5.  "INDEPENDENT  AGENCIES"  MEANS  ANY PUBLIC BENEFIT CORPORATIONS OR
 PUBLIC AUTHORITIES NOT INCLUDED IN THE DEFINITION OF STATE AGENCIES.
   6.  "RECOVERED  MATERIALS"  MEANS WASTE MATERIALS AND BYPRODUCTS WHICH
 HAVE BEEN RECOVERED OR DIVERTED FROM SOLID WASTE, BUT SUCH TERM DOES NOT
 INCLUDE THOSE MATERIALS  AND  BYPRODUCTS  GENERATED  FROM  AND  COMMONLY
 REUSED WITHIN AN ORIGINAL MANUFACTURING PROCESS.
   7.  "RECYCLED  CONTENT"  SHALL MEAN RECYCLED COMMODITY AS THAT TERM IS
 DEFINED IN PARAGRAPH A OF  SUBDIVISION  THREE  OF  SECTION  ONE  HUNDRED
 SIXTY-FIVE OF THIS CHAPTER.
   8.  "REMANUFACTURED" SHALL HAVE THE SAME MEANING AS SET FORTH IN PARA-
 GRAPH A OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-FIVE  OF  THIS
 CHAPTER.
   9.  "STATE  AGENCIES"  MEANS  ANY DEPARTMENT, DIVISION, BOARD, BUREAU,
 COMMISSION, OFFICE, AGENCY,  AUTHORITY  OR  PUBLIC  CORPORATION  OF  THE
 STATE.
   §  159-B.  OFFICE OF THE ENVIRONMENTAL EXECUTIVE. 1. THE OFFICE OF THE
 ENVIRONMENTAL EXECUTIVE SHALL BE DESIGNATED BY THE GOVERNOR AND SHALL BE
 LOCATED WITHIN THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.  THE  ENVI-
 RONMENTAL  EXECUTIVE  SHALL  TAKE  ALL  ACTIONS NECESSARY TO ENSURE THAT
 STATE AGENCIES COMPLY WITH THE REQUIREMENTS OF THIS  ARTICLE  AND  SHALL
 GENERATE  AN  ANNUAL  REPORT  TO  THE DIVISION OF BUDGET, AT THE TIME OF
 AGENCY BUDGET SUBMISSIONS, ON THE ACTIONS TAKEN  BY  STATE  AGENCIES  TO
 COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. IN CARRYING OUT HIS OR HER
 FUNCTIONS,  THE  ENVIRONMENTAL  EXECUTIVE SHALL CONSULT WITH THE COMMIS-
 SIONER OF ENVIRONMENTAL CONSERVATION.
   2. A MINIMUM OF FOUR FULL TIME STAFF PERSONS ARE  TO  BE  PROVIDED  TO
 ASSIST THE ENVIRONMENTAL EXECUTIVE, ONE OF WHOM SHALL HAVE EXPERIENCE IN
 SPECIFICATION  REVIEW  AND  PROGRAM REQUIREMENTS, ONE OF WHOM SHALL HAVE
 EXPERIENCE IN PROCUREMENT PRACTICES AND ONE OF WHOM SHALL  HAVE  EXPERI-
 ENCE  IN  SOLID WASTE PREVENTION AND RECYCLING. THESE FOUR STAFF PERSONS
 SHALL BE APPOINTED AND REPLACED AS FOLLOWS:
   (A) THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS
 OR HIS OR HER DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR  AND
 NO MORE THAN TWO YEARS;
   (B)  THE COMMISSIONER OF GENERAL SERVICES OR HIS OR HER DESIGNEE SHALL
 BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN TWO YEARS;
   (C) THE COMMISSIONER OF  ENVIRONMENTAL  CONSERVATION  OR  HIS  OR  HER
 DESIGNEE  SHALL  BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN
 TWO YEARS; AND
   (D) THE PRESIDENT OF  THE  NEW  YORK  STATE  ENVIRONMENTAL  FACILITIES
 CORPORATION OR HIS OR HER DESIGNEE FOR NOT MORE THAN ONE YEAR.
   3.  STATE AGENCIES ARE REQUESTED TO MAKE THEIR SERVICES, PERSONNEL AND
 FACILITIES AVAILABLE TO  THE  ENVIRONMENTAL  EXECUTIVE  TO  THE  MAXIMUM
 EXTENT PRACTICABLE FOR THE PERFORMANCE OF FUNCTIONS.
   4.  THE ENVIRONMENTAL EXECUTIVE, IN CONSULTATION WITH THE AGENCY ENVI-
 RONMENTAL EXECUTIVES DESIGNATED PURSUANT TO SECTION ONE  HUNDRED  FIFTY-
 NINE-C OF THIS ARTICLE, SHALL:
   (A) IDENTIFY AND RECOMMEND INITIATIVES FOR GOVERNMENT-WIDE IMPLEMENTA-
 TION THAT WILL PROMOTE THE PURPOSES OF THIS ARTICLE, INCLUDING:
   (I)  THE  DEVELOPMENT  OF  A  STATE PLAN FOR AGENCY IMPLEMENTATION AND
 APPROPRIATE INCENTIVES TO ENCOURAGE  THE  ACQUISITION  OF  RECYCLED  AND
 ENVIRONMENTALLY PREFERABLE PRODUCTS BY THE STATE GOVERNMENT;
   (II)  THE  DEVELOPMENT OF A STATE IMPLEMENTATION PLAN AND GUIDANCE FOR
 INSTITUTING ECONOMICALLY EFFICIENT STATE WASTE  PREVENTION,  ENERGY  AND
 WATER  EFFICIENCY  PROGRAMS,  AND RECYCLING PROGRAMS WITHIN EACH AGENCY;
 AND

 A. 4858                             5
 
   (III) THE DEVELOPMENT OF A PLAN FOR MAKING MAXIMUM  USE  OF  AVAILABLE
 FUNDING ASSISTANCE PROGRAMS;
   (B)  ELECTRONICALLY  COLLECT  AND  DISSEMINATE  INFORMATION CONCERNING
 METHODS TO REDUCE WASTE, MATERIALS  THAT  CAN  BE  RECYCLED,  COSTS  AND
 SAVINGS  ASSOCIATED  WITH  WASTE  PREVENTION  AND RECYCLING, AND CURRENT
 MARKET SOURCES  OF  PRODUCTS  THAT  ARE  ENVIRONMENTALLY  PREFERABLE  OR
 PRODUCED WITH RECOVERED MATERIALS;
   (C)  PROVIDE  GUIDANCE  AND ASSISTANCE TO STATE AGENCIES IN SETTING UP
 AND REPORTING ON AGENCY PROGRAMS AND MONITORING THEIR EFFECTIVENESS;
   (D) ESTABLISH A WEBSITE FOR THE OFFICE OF THE ENVIRONMENTAL  EXECUTIVE
 AND   COORDINATE  APPROPRIATE  GOVERNMENT-WIDE  EDUCATION  AND  TRAINING
 PROGRAMS FOR STATE AGENCIES; AND
   (E) PROMULGATE SUCH RULES AND REGULATIONS AS MAY BE  DEEMED  NECESSARY
 AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   § 159-C. AGENCY ENVIRONMENTAL EXECUTIVES. WITHIN NINETY DAYS AFTER THE
 EFFECTIVE  DATE  OF  THIS ARTICLE, THE HEAD OF EACH EXECUTIVE DEPARTMENT
 AND MAJOR PROCURING AGENCY SHALL DESIGNATE AN AGENCY ENVIRONMENTAL EXEC-
 UTIVE FROM AMONG HIS OR HER STAFF. THE  AGENCY  ENVIRONMENTAL  EXECUTIVE
 WILL BE RESPONSIBLE FOR:
   1. COORDINATING ALL ENVIRONMENTAL PROGRAMS IN THE AREAS OF PROCUREMENT
 AND  ACQUISITION, STANDARDS AND SPECIFICATION REVIEW, FACILITIES MANAGE-
 MENT, WASTE PREVENTION AND RECYCLING, AND LOGISTICS;
   2. PARTICIPATING IN THE INTERAGENCY DEVELOPMENT OF A STATE PLAN TO:
   (A) CREATE AN AWARENESS AND OUTREACH PROGRAM FOR THE PRIVATE SECTOR TO
 FACILITATE MARKETS FOR ENVIRONMENTALLY PREFERABLE AND RECYCLED  PRODUCTS
 AND  SERVICES, PROMOTE NEW TECHNOLOGIES, IMPROVE AWARENESS ABOUT FEDERAL
 EFFORTS IN THIS  AREA,  AND  EXPEDITE  AGENCY  EFFORTS  TO  PROCURE  NEW
 PRODUCTS IDENTIFIED UNDER THIS ORDER;
   (B)  ESTABLISH INCENTIVES, PROVIDE GUIDANCE AND COORDINATE APPROPRIATE
 EDUCATIONAL PROGRAMS FOR AGENCY EMPLOYEES; AND
   (C) COORDINATE THE DEVELOPMENT OF STANDARD AGENCY REPORTS REQUIRED  BY
 THIS ARTICLE.
   3.  REVIEWING STATE AGENCY PROGRAMS AND ACQUISITIONS TO ENSURE COMPLI-
 ANCE WITH THIS ORDER.
   § 159-D. INTERAGENCY COMMITTEE ON SUSTAINABILITY  AND  GREEN  PROCURE-
 MENT.    1.  THERE  IS  HEREBY  ESTABLISHED  AN INTERAGENCY COMMITTEE ON
 SUSTAINABILITY AND GREEN PROCUREMENT. THE COMMITTEE SHALL  BE  COMPRISED
 OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER OF GENERAL SERVICES, THE
 COMMISSIONER  OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH,
 THE COMMISSIONER OF ECONOMIC DEVELOPMENT, THE  PRESIDENT  OF  THE  URBAN
 DEVELOPMENT  CORPORATION, THE COMMISSIONER OF TRANSPORTATION, THE PRESI-
 DENT OF THE ENVIRONMENTAL FACILITIES CORPORATION, THE PRESIDENT  OF  THE
 NEW  YORK  STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE CHAIR OF
 THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND THE EXECUTIVE DIRECTOR
 OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK. THE COMMISSIONER OF
 GENERAL SERVICES AND  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION
 SHALL SERVE AS CO-CHAIRS OF THE COMMITTEE.
   2. MEMBERS OF THE COMMITTEE MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
 REPRESENT  THEM  AND  PARTICIPATE  ON  THE  COMMITTEE ON THEIR BEHALF. A
 MAJORITY OF THE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM,  AND
 ALL  ACTIONS AND RECOMMENDATIONS OF THE COMMITTEE SHALL REQUIRE APPROVAL
 OF A MAJORITY OF THE TOTAL MEMBERS OF THE COMMITTEE.
   § 159-E. ISSUE-SPECIFIC TASK FORCES. 1. THE COMMITTEE SHALL  HAVE  THE
 AUTHORITY  TO  DESIGNATE  ISSUE-SPECIFIC TASK FORCES TO EXAMINE SPECIFIC
 AREAS  OF  ENVIRONMENTAL  PROCUREMENT  AND  PROVIDE  TARGETED  TECHNICAL
 ASSISTANCE AND GUIDANCE TO AGENCIES AS NEEDED.

 A. 4858                             6
 
   2.  ONE  SUCH  TASK  FORCE SHALL BE A TOXIC REDUCTION TASK FORCE TO BE
 OVERSEEN BY THE OFFICE OF THE ENVIRONMENTAL  EXECUTIVE  IN  COORDINATION
 WITH THE OFFICE OF GENERAL SERVICES.
   (A) THE OFFICE OF GENERAL SERVICES SHALL:
   (I)  PROVIDE  THE TOXIC REDUCTION TASK FORCE WITH RELEVANT INFORMATION
 ON WHAT CHEMICALS AND PRODUCTS ARE PROCURED, AND THE AMOUNTS USED AND BY
 WHOM, IN THE STATE; AND
   (II) WORK WITH THE OFFICE OF THE  ENVIRONMENTAL  EXECUTIVE  AND  OTHER
 STAKEHOLDERS  TO  IMPLEMENT  THE  TOXIC REDUCTION TASK FORCE RECOMMENDA-
 TIONS.
   (B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,  THE
 OFFICE  OF  THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE OFFICE OF
 GENERAL SERVICES IN ESTABLISHING SAID TOXIC REDUCTION TASK FORCE,  WHICH
 SHALL  MEET  PERIODICALLY,  BUT  NOT  LESS  THAN  TWO TIMES PER YEAR, TO
 PROVIDE GUIDANCE ON AND ASSIST AGENCIES WITH IDENTIFYING AND ELIMINATING
 PURCHASES OF PRODUCTS THAT CONTAIN TOXIC CHEMICALS.
   (C) TOXIC REDUCTION TASK FORCE  MEMBERS  SHALL  INCLUDE,  BUT  NOT  BE
 LIMITED  TO  THE  COMMISSIONER  OF GENERAL SERVICES, THE COMMISSIONER OF
 ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH, AND THE  COMMIS-
 SIONER  OF  LABOR,  AND  EACH  SHALL APPOINT REPRESENTATIVES TO THE TASK
 FORCE WITHIN THIRTY DAYS OF THEIR NOTIFICATION  BY  THE  OFFICE  OF  THE
 ENVIRONMENTAL EXECUTIVE.
   (D)  THE  TASK FORCE SHALL PERIODICALLY CONSULT WITH THE COMMITTEE AND
 ANY OTHER APPROPRIATE NON-GOVERNMENTAL STAKEHOLDERS OR  STATE  AGENCIES,
 INCLUDING,  BUT  NOT  LIMITED  TO,  THE  OFFICE OF GENERAL SERVICES, THE
 DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT  OF
 TRANSPORTATION,  TO  IDENTIFY  OPPORTUNITIES FOR THE INTEGRATION OF LESS
 TOXIC PRODUCTS INTO PUBLIC SCHOOLS, HEALTHCARE FACILITIES,  CONSTRUCTION
 PROJECTS AND THROUGHOUT THE STATE AND LOCAL GOVERNMENT.
   3. MEMBERS OF OTHER TASK FORCES SHALL BE APPOINTED BY THE CHAIR OF THE
 COMMITTEE IN CONSULTATION WITH THE MEMBERS OF THE COMMITTEE.
   4.  ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTAL EXECU-
 TIVE SHALL REPORT TO THE COMMITTEE ON THE PROGRESS  MADE  BY  THE  TOXIC
 REDUCTION  TASK FORCE AND ANY OTHER TASK FORCE OVERSEEN BY THE OFFICE OF
 THE ENVIRONMENTAL EXECUTIVE IN THE PRIOR FISCAL YEAR TOWARD MEETING  THE
 GOALS AND REQUIREMENTS OF THIS ARTICLE.
   §  159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. THE INTERAGENCY
 COMMITTEE ON SUSTAINABILITY AND  GREEN  PROCUREMENT  SHALL  DEVELOP  AND
 IMPLEMENT  AN  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. 1. THE ENVI-
 RONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL:
   (A)  ESTABLISH  MINIMUM  ENVIRONMENTAL  STANDARDS  FOR  PRODUCTS   AND
 SERVICES PROCURED BY STATE AGENCIES WHEREVER FEASIBLE AND PRACTICABLE;
   (B)  PROVIDE  GUIDANCE  TO  STATE AGENCIES ON HOW TO ENSURE THAT THEIR
 PROCUREMENTS ARE IN COMPLIANCE WITH THESE STANDARDS AND ENCOURAGE  STATE
 AGENCIES TO ESTABLISH ANNUAL ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
 MENT GOALS;
   (C) INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS IN STATEWIDE CONTRACTS
 AND  LIMIT CONTRACT AWARDS TO ENVIRONMENTALLY PREFERABLE PRODUCTS EXCLU-
 SIVELY, CONSISTENT WITH ARTICLE ELEVEN OF THIS  CHAPTER  AND  THE  REGU-
 LATIONS  THEREUNDER  AND THE ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
 MENT GOALS AND STANDARDS;
   (D) FACILITATE THE PURCHASE, DEMONSTRATION AND USE OF NEW AND  INNOVA-
 TIVE ENVIRONMENTALLY PREFERABLE PRODUCTS, TECHNOLOGIES AND SERVICES;
   (E) ENCOURAGE STATE CONTRACTORS TO INCORPORATE ENVIRONMENTALLY PREFER-
 ABLE PRODUCTS AND SUSTAINABLE PRACTICES IN THEIR OPERATIONS;

 A. 4858                             7

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

 A. 4858                             8
 
 IFICATIONS,  THE  LIFETIME  ENERGY  COSTS  NECESSARY  TO  OPERATE ENERGY
 CONSUMING PRODUCTS AND EQUIPMENT.
   (B)  THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM  SHALL REVIEW
 EXISTING STANDARDS AND ESTABLISH MINIMUM ENERGY  PERFORMANCE  STANDARDS,
 TAKING  INTO  ACCOUNT  INITIAL  AND  OPERATING COSTS, AND STATE AGENCIES
 SHALL ADHERE TO SAID STANDARDS. AT A MINIMUM, UNLESS OTHERWISE SET FORTH
 IN THE MINIMUM ENERGY PERFORMANCE STANDARDS, STATE AGENCIES SHALL:
   (I) PROCURE ONLY ENERGY STAR RATED OFFICE EQUIPMENT, APPLIANCES, HEAT-
 ING, VENTILATING AND AIR CONDITIONING EQUIPMENT, AND OTHER  ENERGY  STAR
 RATED  PRODUCTS  UNLESS  SUCH  PRODUCTS  CAN  BE DEMONSTRATED TO BE COST
 PROHIBITIVE OVER THEIR LIFE;
   (II) ENSURE THAT ALL ENERGY STAR EQUIPMENT HAS THE POWER  SAVING  MODE
 ENABLED  AT  THE  TIME  OF  INSTALLATION AND THAT ALL STAFF ARE AWARE OF
 THESE FUNCTIONS AND THEIR BENEFITS;
   (III) PURCHASE ONLY ENERGY EFFICIENT LIGHT BULBS,  SUCH  AS,  BUT  NOT
 LIMITED  TO,  COMPACT  FLUORESCENT LAMPS OR LIGHT EMITTING DIODES UNLESS
 THE PURCHASE OF A STANDARD BULB, SUCH AS AN INCANDESCENT,  IS  NECESSARY
 FOR A SPECIFIC PURPOSE OR FUNCTION THAT CAN ONLY BE SERVED BY SAID BULB;
   (IV)  PROCURE  THE  MOST  EFFICIENT  AND  COST-EFFECTIVE LINEAR LIGHTS
 POSSIBLE THAT WILL MEET AGENCY NEEDS  AND,  WHEREVER  POSSIBLE,  REPLACE
 OLDER LAMP BALLASTS WITH NEWER MORE EFFICIENT ELECTRONIC BALLASTS;
   (V) ENSURE THAT ALL NEW STREET LIGHTS UTILIZE THE MOST EFFICIENT LIGHT
 SOURCES  POSSIBLE  AND  THAT ALL TRAFFIC LIGHTS INSTALLED OR REPLACED BY
 AGENCIES UTILIZE ONLY LIGHT EMITTING DIODES OR SIMILARLY EFFICIENT TECH-
 NOLOGY; AND
   (VI) SUPPORT THE PROCUREMENT OF OTHER ENERGY EFFICIENT PRODUCTS  WHER-
 EVER  POSSIBLE,  INCLUDING  BUT  NOT LIMITED TO, HIGH EFFICIENCY MOTORS,
 TANKLESS WATER HEATERS, PROGRAMMABLE THERMOSTATS,  HEATING,  VENTILATION
 AND AIR CONDITIONING UNITS/SYSTEMS AND FOOD SERVICE EQUIPMENT.
   2. (A) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM AND STATE AGEN-
 CIES  SHALL, WHEREVER FEASIBLE, ELIMINATE PRODUCTS PROCURED BY THE STATE
 THAT CONTAIN TOXIC CHEMICALS IN CONCENTRATIONS THAT POSE  A  SIGNIFICANT
 THREAT TO THE ENVIRONMENT AND/OR PUBLIC HEALTH.
   (B)  WHEN  LESS TOXIC OR NON-TOXIC ALTERNATIVES ARE READILY AVAILABLE,
 MEET STATE AGENCY PERFORMANCE REQUIREMENTS, AND  ARE  COST  COMPETITIVE,
 THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL MOVE PROMPTLY TO
 MAKE THESE ALTERNATIVES AVAILABLE  THROUGH  STATEWIDE  CONTRACTS.  STATE
 AGENCIES  SHALL PURCHASE ONLY THESE LESS TOXIC OR NON-TOXIC ALTERNATIVES
 UNLESS IT CAN BE DEMONSTRATED THAT SUCH ALTERNATIVES  DO  NOT  MEET  THE
 ESSENTIAL NEEDS OF THE AGENCY.
   (C)  THROUGH BOTH STATEWIDE AND/OR DEPARTMENTAL CONTRACTS, STATE AGEN-
 CIES SHALL:
   (I) PURCHASE AND USE ONLY THOSE  CLEANING  PRODUCTS,  INCLUDING  FLOOR
 FINISHES,  THAT MEET THE ENVIRONMENTAL SPECIFICATIONS ESTABLISHED BY THE
 ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM;
   (II) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  ARTICLE,  REQUIRE
 CLEANING  SERVICE CONTRACTORS TO UTILIZE CLEANING PRODUCTS THAT MEET THE
 SAME OR BETTER ENVIRONMENTALLY PREFERABLE PRODUCT STANDARDS;
   (III) REQUIRE PEST CONTROL FIRMS OR LICENSED STATE STAFF TO EMPLOY  AN
 INTEGRATED PEST MANAGEMENT APPROACH IN STATE FACILITIES;
   (IV)  ENSURE  ADHERENCE TO TITLE TWENTY-ONE OF ARTICLE TWENTY-SEVEN OF
 THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  THE  REGULATIONS  THEREUNDER
 CONCERNING MERCURY-ADDED CONSUMER PRODUCTS OR DEVELOP STANDARDS THAT THE
 ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE;

 A. 4858                             9
 
   (V) PROCURE PRODUCTS THAT CONTAIN NO OR LOW AMOUNTS OF VOLATILE ORGAN-
 IC  COMPOUNDS  WHEREVER  FEASIBLE,  INCLUDING  BUT NOT LIMITED TO OFFICE
 EQUIPMENT, FURNITURE, FLOORING, PAINT, AND CONSTRUCTION MATERIALS; AND
   (VI)  PURCHASE COMPUTERS, MONITORS, LAPTOPS, AND OTHER RELEVANT EQUIP-
 MENT THAT HAVE ACHIEVED A MINIMUM  SILVER  RATING  FROM  THE  ELECTRONIC
 PRODUCTS ENVIRONMENTAL ASSESSMENT TOOL.
   (D)  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL WORK WITH
 AGENCIES TO DEVELOP BEST MANAGEMENT PRACTICES  AND  SPECIFICATIONS  WITH
 THE INTENT OF INCREASING THE PROCUREMENT OF:
   (I) LESS TOXIC WATER TREATMENT CHEMICALS AND PROCESSES;
   (II) PAPER PRODUCTS PROCESSED WITHOUT ELEMENTAL CHLORINE;
   (III)  ORGANIC  AND/OR  LESS  TOXIC  FERTILIZERS, PESTICIDES AND OTHER
 LANDSCAPING PRODUCTS;
   (IV) VEHICLE TIRES WITH LEAD-FREE WHEEL WEIGHTS;
   (V) PACKAGING IN CONFORMANCE WITH THE SPECIFICATIONS DEVELOPED BY  THE
 COALITION  OF NORTHEASTERN GOVERNORS DESIGNED TO REDUCE HEAVY METALS AND
 TOXICS;
   (VI) FURNISHINGS, CLOTHING, AND  OTHER  PRODUCTS  THAT  MEET  REQUIRED
 FLAMMABILITY  STANDARDS  WITHOUT THE USE OF TOXIC FLAME RETARDANTS KNOWN
 AS POLYBROMINATED DIPHENYL ETHERS; AND
   (VII) OTHER PRODUCTS IDENTIFIED BY A TASK  FORCE  ESTABLISHED  BY  THE
 COMMITTEE PURSUANT TO SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTICLE.
   3.  RECYCLED  CONTENT  AND WASTE MINIMIZATION. (A) THE ENVIRONMENTALLY
 PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND  EXPAND  MINIMUM  RECYCLED
 CONTENT  AND  REMANUFACTURED  STANDARDS FOR ALL APPROPRIATE PRODUCTS AND
 MATERIALS.
   (B) THE ENVIRONMENTALLY PREFERABLE  PRODUCTS  PROGRAM  SHALL  UTILIZE,
 WHEREVER  APPLICABLE,  THE  MINIMUM STANDARDS ESTABLISHED BY THE FEDERAL
 ENVIRONMENTAL PROTECTION AGENCY'S COMPREHENSIVE  PROCUREMENT  GUIDELINES
 AS  SET  FORTH  IN  PART  TWO  HUNDRED FORTY-SEVEN OF TITLE FORTY OF THE
 UNITED STATES CODE OF FEDERAL REGULATIONS OR DEVELOP STANDARDS THAT  THE
 ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE.
   (C) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL CONSIDER THE
 ULTIMATE  DISPOSAL  OF  PRODUCTS  AND  THEIR  PACKAGING  WHEN DEVELOPING
 CONTRACT SPECIFICATIONS  AND  MAKING  CONTRACT  AWARDS.  AGENCIES  SHALL
 PROCURE  PRODUCTS  THAT  COMPLY  WITH  ALL  RECYCLED  CONTENT  AND WASTE
 REDUCTION  STANDARDS  ESTABLISHED  BY  THE  ENVIRONMENTALLY   PREFERABLE
 PRODUCTS PROGRAM.
   (D)  THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENSURE THAT
 THE FOLLOWING PRODUCT CATEGORIES CONTAIN MINIMUM RECYCLED CONTENT STAND-
 ARDS AND ARE INCLUDED ON STATEWIDE CONTRACTS:
   (I) OFFICE PAPER, PRINTED MATERIALS, OFFICE  SUPPLIES,  PACKAGING  AND
 STORAGE BOXES;
   (II) OFFICE PANELS AND INTERIOR AND EXTERIOR FURNITURE AND EQUIPMENT;
   (III) JANITORIAL PAPER PRODUCTS AND TRASH LINERS;
   (IV)  TRANSPORTATION  PRODUCTS  SUCH AS ANTIFREEZE, MOTOR OIL, RETREAD
 TIRES AND TRAFFIC CONTROL DEVICES;
   (V) CARPETING AND FLOORING;
   (VI) COMPOST AND MULCH; AND
   (VII) PLASTIC CONTAINERS SUCH  AS  RECYCLING  CONTAINERS  AND  COMPOST
 BINS.
   (E)  THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM SHALL WORK TO
 DEVELOP STANDARDS AND CONTRACTS FOR ADDITIONAL RECYCLED CONTENT PRODUCTS
 IDENTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION  AGENCY'S  COMPREHEN-
 SIVE PROCUREMENT GUIDELINES AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN
 OF TITLE FORTY OF THE UNITED STATES CODE OF FEDERAL REGULATIONS, AS WELL

 A. 4858                            10
 
 AS  WATER AND WASTE MINIMIZING PRODUCTS SUCH AS DOUBLE-SIDED COPIERS AND
 PRINTERS,  WATERLESS  AND  LOW-FLOW  PLUMBING  DEVICES,  AND  COMPOSTING
 TOILETS.
   (F)  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL ENCOURAGE
 VENDOR RESPONSIBILITY FOR THE REUSE OR  RECYCLING  OF  PACKAGING  AND/OR
 PRODUCTS AT THE END OF THEIR USEFUL LIFE.
   (G)  AGENCIES  SHALL  ENSURE  THAT  THEY INTEGRATE INCREASED RECYCLING
 PRACTICES IN THE DISPOSAL OF THEIR OWN WASTE  MATERIALS,  INCLUDING  BUT
 NOT  LIMITED  TO  PAPER,  GLASS,  CANS, PLASTIC BOTTLES, CONTAINERS, AND
 ELECTRONIC EQUIPMENT. THIS EFFORT SHALL INCLUDE THE POSITIONING OF RECY-
 CLING BINS IN THEIR OFFICES AND THE CONTRACTING FOR  RECYCLING  SERVICES
 TO PICK UP AND RECYCLE THESE MATERIALS.
   4.  IN  DEVELOPING  STANDARDS  AND  SPECIFICATIONS FOR ENVIRONMENTALLY
 PREFERABLE PRODUCTS, THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM
 SHALL  ENCOURAGE AND PRIORITIZE THE PROCUREMENT OF GOODS THAT ARE GROWN,
 MANUFACTURED, TRANSPORTED, AND HANDLED IN A SUSTAINABLE MANNER USING, TO
 THE GREATEST EXTENT FEASIBLE, A LIFE-CYCLE  ANALYSIS  OF  MATERIALS  AND
 OTHER  INPUTS INTO THE PRODUCTION OF THE FINAL PRODUCT. SUCH GOODS SHALL
 INCLUDE, BUT NOT BE LIMITED TO:
   (A) LUMBER AND BUILDING MATERIALS;
   (B) ORGANIC AND LOCALLY GROWN FOODS;
   (C) COMPOSTABLE FOOD SERVICE PRODUCTS; AND
   (D) BIO-BASED PRODUCTS SUCH AS LUBRICANTS, FOOD-SERVICE  WARE,  FUELS,
 PLASTICS AND COATINGS.
   §  159-I. BUSINESS DEVELOPMENT AND GUIDANCE. THE ENVIRONMENTALLY PREF-
 ERABLE PRODUCTS PROGRAM SHALL COLLABORATE WITH RELEVANT  STATE  AGENCIES
 TO  PROMOTE ENVIRONMENTALLY PREFERABLE PRODUCTS AND SUSTAINABLE BUSINESS
 SOLUTIONS TO NEW YORK COMPANIES AS WELL AS THOSE LOOKING TO RELOCATE  TO
 THE  STATE.  SUCH  EFFORTS MAY INCLUDE GUIDANCE ON HOW SUSTAINABLE PRAC-
 TICES AND ENVIRONMENTAL PURCHASING CAN RESULT IN A COMPETITIVE EDGE WHEN
 BIDDING ON STATEWIDE CONTRACTS AND HOW THE USE OF ENVIRONMENTALLY  PREF-
 ERABLE  PRODUCTS CAN REDUCE ENVIRONMENTAL IMPACTS WHILE MINIMIZING OPER-
 ATING COSTS.
   § 7. The general municipal law is amended  by  adding  a  new  section
 109-d to read as follows:
   §  109-D.  INTERGOVERNMENTAL  AGREEMENTS.  1.  FOR  PURPOSES  OF  THIS
 SECTION, THE TERM "PUBLIC AGENCY" SHALL MEAN  ANY  COUNTY,  CITY,  TOWN,
 VILLAGE,  SCHOOL  DISTRICT, IMPROVEMENT DISTRICT OR DISTRICT CORPORATION
 OF THE STATE OF NEW YORK.
   2. ANY POWER OR POWERS, PRIVILEGE OR PRIVILEGES, AUTHORITY  OR  UNDER-
 TAKING,  EXERCISED  OR  CAPABLE OF EXERCISE, OR WHICH MAY BE ENGAGED IN,
 AND ANY PUBLIC WORKS WHICH MAY BE UNDERTAKEN, BY A PUBLIC AGENCY  ACTING
 ALONE  MAY  BE EXERCISED, ENJOYED, ENGAGED IN OR UNDERTAKEN JOINTLY WITH
 ANY OTHER PUBLIC AGENCY WHICH COULD LIKEWISE ACT ALONE.
   3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN  AGREEMENT
 WITH  ONE  ANOTHER  FOR  JOINT  OR  COOPERATIVE  ACTION  PURSUANT TO THE
 PROVISIONS OF THIS SECTION.  APPROPRIATE ACTION BY ORDINANCE, RESOLUTION
 OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE  PARTICIPAT-
 ING  PUBLIC  AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT SHALL
 BECOME EFFECTIVE. ANY SEPARATELY LEGAL OR ADMINISTRATIVE  ENTITY  ESTAB-
 LISHED HEREUNDER IS A PUBLIC CORPORATION AND MAY EXIST FOR THE LENGTH OF
 TIME SET FORTH IN THE INTERGOVERNMENTAL AGREEMENT.
   §  8. Section 409-i of the education law is REPEALED and a new section
 409-i is added to read as follows:

 A. 4858                            11

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

 A. 4858                            12

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

 A. 4858                            13
 
 of  their contracts. Such audit shall identify the extent to which these
 operations are in violation of  this  chapter,  or  regulations  adopted
 thereunder.    SUCH AUDIT ALSO SHALL EVALUATE THE ENVIRONMENTAL PROBLEMS
 CREATED  BY  THE  AGENCY'S  PROCUREMENT  OF COMMODITIES, ITS ENERGY USE,
 WASTE PRODUCTION, WATER AND PAPER USE, AND THE USE OF ANY TOXIC  MATERI-
 ALS  OF  PRODUCTS  REASONABLY  ANTICIPATED  TO BE CARCINOGENS. Each such
 state agency shall submit a report to the department on or before  April
 first of each year. The report shall:
   §  15.  This  act shall take effect on the sixtieth day after it shall
 have become a law; provided, that the amendments to subparagraph  (viii)
 of  paragraph b of subdivision 3 of section 163 of the state finance law
 made by section five of this act shall not affect  the  repeal  of  such
 section  and shall be deemed repealed therewith; provided, however, that
 effective immediately, the addition, amendment and/or repeal of any rule
 or regulation necessary for the implementation of this act on its effec-
 tive date are authorized and directed to be made  and  completed  on  or
 before such effective date.