NY State Senate Bill 2017-S6275

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to environmental conservation
May 11, 2017	referred to environmental conservation

co-Sponsors

2017-S6275 (ACTIVE) - Details

Current Committee:: Senate Environmental Conservation
Law Section:: Environmental Conservation Law
Laws Affected:: Add §27-0111, En Con L; amd §103, Gen Muni L; amd §163, St Fin L; amd Part F §4, Chap 60 of 2015
Versions Introduced in 2019-2020 Legislative Session:: S87

2017-S6275 (ACTIVE) - Summary

Relates to construction and demolition diversion practices of state contractors.

2017-S6275 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6275

 TITLE OF BILL :  An act to amend the environmental conservation law,
the general municipal law, the state finance law and subdivision (a)
of section 4 of part F of chapter 60 of the laws of 2015 constituting
the infrastructure investment act, in relation to construction and
demolition diversion practices of state contractors

 PURPOSE :

Establishes a formal program setting goals for construction and
demolition (C & D) debris recycling and diversion for State and local
contractors, and evaluates a contractor's C & D diversion practices as
part of the procurement process. Allows for State and local procuring
agencies to consider a contractor's C & D diversion practices in
determining a project's lowest responsible bidder.

 SUMMARY OF PROVISIONS :

This legislation authorizes and directs the Department of
Environmental Conservation (DEC) to work with the State Procurement
Council to establish a percentage goal for C & D waste diversion in
state contracts.

It also authorizes the Office of General Services (OGS) to authorize
local agencies to consider the State's C & D recycling/diversion goals

in local contracts, and permits procuring agencies to consider a
contractor's history of complying with these goals in awarding
contracts to a lowest responsible bidder.

It also permits OGS to authorize State agencies to consider whether a
contract can achieve C & D recycling/diversion goals and the
contractor's history of achieving participation goals in previous
contracts.

Finally, it amends the Infrastructure Investment Act to factor a
contractor's history of complying with C & D recycling/diversion goals
into an authorized agency's determination of whether a contractor has
the capacity to bid for a design-build contract.

 JUSTIFICATION :

Executive Orders 4 and 18 have begun the process of changing agencies'
culture with respect to materials recycling and sustainability. Most
agencies have designated a Sustainability Coordinator, reduced paper
use and waste generation, and begun purchasing 100% post-consumer
recycled content copy paper.

OGS reports that the State's paper purchases declined by $7.44 million
compared to Fiscal Year 2008-2009 levels, and reported declines of
nearly 350,000 tons of solid waste generated in that same time.
However, the State still generated more than 580,000 tons of solid
waste in Fiscal Year 2015-16, and there is no time to waste in
improving diversion and recycling efforts as the State implements a
$100 billion capital plan and pursues significant emissions reduction
and renewable usage targets.

Recognizing similar issues years ago, the State of California
commissioned a statewide study of material disposal at solid waste
facilities back in 1999, and set a recycling goal of 75%. Since 2008,
California has achieved a reduction in per capita disposal from 1.06
to .81 tons per person per year, with the share of commercial waste
dropping from nearly 50% to less than 39%.

Following examples set by California and municipalities, and building
off of the progress our agencies have made in recent years, this
legislation begins the process of setting tangible recycling goals and
factoring these methodologies and savings into public procurement.

 FISCAL IMPLICATIONS :

Reducing solid waste disposal and better construction and debris
recycling and diversion will generate long-term financial savings,
reduce landfill and materials expenditures, and improve the
environment.

 EFFECTIVE DATE :
Immediately.

2017-S6275 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6275
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               May 11, 2017
                                ___________
 
 Introduced  by Sens. KAMINSKY, BROOKS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation
 
 AN  ACT to amend the environmental conservation law, the general munici-
   pal law, the state finance law and subdivision (a)  of  section  4  of
   part  F of chapter 60 of the laws of 2015 constituting the infrastruc-
   ture investment act, in relation to construction and demolition diver-
   sion practices of state contractors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 27-0111 to read as follows:
 § 27-0111. CONSTRUCTION AND DEMOLITION WASTE DIVERSION POLICY.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "CONTRACTOR" MEANS A GENERAL CONTRACTOR AND SHALL ALSO INCLUDE ANY
 SUBCONTRACTOR ENGAGED IN THE  BUILDING,  DEMOLITION  OR  WRECKING  OF  A
 STRUCTURE FOR WHICH A PERMIT IS REQUIRED.
   (B)  "CONSTRUCTION  AND  DEMOLITION  DEBRIS" SHALL INCLUDE, BUT NOT BE
 LIMITED TO, METALS, CARDBOARD, DRYWALL, GLASS, WOOD, CONCRETE, BRICK AND
 ASPHALT, BUT SHALL NOT INCLUDE ANY  MATERIAL  THAT  IS  CONTAMINATED  BY
 LEAD,  ASBESTOS  OR OTHER HAZARDOUS MATERIAL SUCH THAT RECYCLING THEREOF
 WOULD BE ILLEGAL OR UNFEASIBLE.
   (C) "DIVERTED" MEANS THE RECYCLE OR REUSE OF CONSTRUCTION AND  DEMOLI-
 TION  DEBRIS  THAT  WOULD  OTHERWISE  BE  DISPOSED  OF  AT A LANDFILL OR
 DISPOSAL FACILITY.
   (D) "RECYCLE" MEANS THE PROCESS OF SENDING CONSTRUCTION AND DEMOLITION
 DEBRIS TO A RECYCLING FACILITY, TRANSFER STATION OR OTHER WASTE HANDLING
 FACILITY PERMITTED PURSUANT TO THIS ARTICLE, WHICH ACCEPTS  CONSTRUCTION
 AND DEMOLITION DEBRIS FOR RECYCLING OR FOR FURTHER TRANSFER TO A RECYCL-
 ING FACILITY.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11561-01-7

 S. 6275                             2
 
   (E) "REUSE" MEANS: (I) THE ON-SITE USE OF REPROCESSED CONSTRUCTION AND
 DEMOLITION DEBRIS IF THE USE OF SUCH DEBRIS IS AUTHORIZED BY THE COMMIS-
 SIONER;  AND  (II) THE OFF-SITE REDISTRIBUTION OF A MATERIAL WHICH WOULD
 OTHERWISE BE DISPOSED OF, FOR USE IN THE SAME OR SIMILAR FORM AS IT  WAS
 PRODUCED.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS, IN CONSUL-
 TATION  WITH  THE  STATE  PROCUREMENT COUNCIL ESTABLISHED BY SECTION ONE
 HUNDRED SIXTY-ONE OF THE STATE FINANCE LAW, SETTING FORTH A GOAL FOR THE
 PERCENT OF CONSTRUCTION AND DEMOLITION DEBRIS  DIVERTED  BY  CONTRACTORS
 SUBMITTING  BIDS  OR  PROPOSALS  IN CONNECTION WITH THE AWARD OF A STATE
 CONTRACT. SUCH RULES  AND  REGULATION  SHALL  AT  A  MINIMUM  TAKE  INTO
 ACCOUNT:  THE  COST,  FEASIBILITY,  AND  HUMAN  AND ENVIRONMENTAL HEALTH
 IMPACTS OF RECYCLING PARTICULAR TYPES OF  DEBRIS;  THE  AVAILABILITY  OF
 SECONDARY  MARKETS  AND PROXIMITY OF PROCESSING FACILITIES; THE TOXICITY
 OF DIFFERENT TYPES OF DEBRIS AND ABILITY TO REMEDIATE  OR  SEPARATE  ANY
 TOXIC  DEBRIS FROM NON-TOXIC DEBRIS; THE ENVIRONMENTAL IMPACT OF DISPOS-
 ING DEBRIS WITHOUT RECYCLING; THE EXISTENCE  OF  LOCAL  LAWS  AND  REGU-
 LATIONS AND POLICIES GOVERNING DEBRIS DIVERSION.
   3.  EACH BID OR PROPOSAL SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR
 PER PROPOSAL BASIS WITH THE  CONTRACTOR'S  CONSTRUCTION  AND  DEMOLITION
 WASTE DIVERSION PRACTICES CONSIDERED AS ONLY A PART OF A WIDER CONSIDER-
 ATION  OF  SEVERAL  FACTORS WHEN DECIDING TO AWARD OR DECLINE TO AWARD A
 BID OR PROPOSAL. SUCH ASSESSMENT SHALL NOT IN ANY WAY PERMIT  THE  AUTO-
 MATIC  REJECTION OF A BID OR PROCUREMENT CONTRACT PROPOSAL BASED ON LACK
 OF ADHERENCE TO CONSTRUCTION AND DEMOLITION WASTE DIVERSION PRACTICES.
   § 2. Section 103 of the general municipal law is amended by  adding  a
 new subdivision 17 to read as follows:
   17.  NOTWITHSTANDING  THE  FOREGOING  PROVISIONS  OF THIS SECTION, THE
 COMMISSIONER OF THE OFFICE OF GENERAL SERVICES MAY AUTHORIZE  ANY  OFFI-
 CER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION TO CONSIDER WHETHER SUCH
 CONTRACTS  CAN REASONABLY BE EXPECTED TO MEET OR FURTHER THE GOAL ESTAB-
 LISHED PURSUANT TO SECTION 27-0111 OF THE ENVIRONMENTAL CONSERVATION LAW
 OR COMPARABLE LOCAL LAW  OR  REGULATION,  AND  CONTRACTOR'S  HISTORY  OF
 ACHIEVING  SUCH  PARTICIPATION  GOALS  ON  PREVIOUS CONTRACTS; PROVIDED,
 HOWEVER, THAT SUCH CONSIDERATION SHALL NOT AFFECT  THE  RESPONSIBILITIES
 OF  AN  OFFICER, BOARD, OR AGENCY OF A POLITICAL SUBDIVISION IN RELATION
 TO SUBDIVISION ONE OF THIS SECTION.
   § 3. Subdivision 10 of section 163 of the state finance law is amended
 by adding a new paragraph g to read as follows:
   G. THE COMMISSIONER MAY AUTHORIZE STATE AGENCIES OR  OTHER  AUTHORIZED
 PURCHASERS TO CONSIDER WHETHER SUCH CONTRACTS CAN REASONABLY BE EXPECTED
 TO  MEET  OR FURTHER THE GOAL ESTABLISHED PURSUANT TO SECTION 27-0111 OF
 THE ENVIRONMENTAL CONSERVATION LAW OR  COMPARABLE  LOCAL  LAW  OR  REGU-
 LATION,  AND  CONTRACTOR'S HISTORY OF ACHIEVING SUCH PARTICIPATION GOALS
 ON PREVIOUS CONTRACTS.
   § 4. Subdivision (a) of section 4 of part F of chapter 60 of the  laws
 of  2015  constituting  the infrastructure investment act, as amended by
 section 4 of part RRR of chapter 59 of the laws of 2017, is  amended  to
 read as follows:
   (a)  Step one. Generation of a list of entities that have demonstrated
 the general capability to perform the design-build contract.  Such  list
 shall  consist  of  a  specified number of entities, as determined by an
 authorized state entity, and shall be generated based upon  the  author-
 ized state entity's review of responses to a publicly advertised request
 for qualifications. The authorized state entity's request for qualifica-
 tions  shall  include  a general description of the project, the maximum

 S. 6275                             3
 
 number of entities to be included on the list, the selection criteria to
 be used and the relative weight of each criteria in generating the list.
 Such selection criteria shall include the qualifications and  experience
 of  the design and construction team, organization, demonstrated respon-
 sibility, ability of the team or of a member or members of the  team  to
 comply  with  applicable requirements, including the provisions of arti-
 cles 145, 147 and 148 of the education law, PAST  RECORD  OF  COMPLIANCE
 WITH  GOALS ESTABLISHED PURSUANT TO SECTION 27-0111 OF THE ENVIRONMENTAL
 CONSERVATION LAW OR COMPARABLE LOCAL LAW OR REGULATION, past  record  of
 compliance with the labor law, and such other qualifications the author-
 ized state entity deems appropriate which may include but are not limit-
 ed  to  project  understanding,  financial capability and record of past
 performance. The authorized state entity shall  evaluate  and  rate  all
 entities  responding to the request for qualifications.  Based upon such
 ratings, the authorized state entity shall list the entities that  shall
 receive  a  request  for proposals in accordance with subdivision (b) of
 this section.  To the extent consistent with applicable federal law, the
 authorized state entity  shall  consider,  when  awarding  any  contract
 pursuant  to  this  section,  the  participation of: (i) firms certified
 pursuant to article 15-A of the executive law as minority or women-owned
 businesses and the ability of other businesses  under  consideration  to
 work  with  minority  and  women-owned  businesses  so as to promote and
 assist  participation  by  such  businesses;  and  (ii)  small  business
 concerns  identified pursuant to subdivision (b) of section 139-g of the
 state finance law.
   § 5. This act shall take effect immediately; provided,  however,  that
 that  amendments  to  subdivision 10 of section 163 of the state finance
 law made by section three of this act shall not  affect  the  repeal  of
 such  section  as provided in subdivision 5 of section 362 of chapter 83
 of the laws of 1995, as amended, and shall be deemed repealed therewith.

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Senate Bill S6275

Sponsored By

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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co-Sponsors

2017-S6275 (ACTIVE) - Details

2017-S6275 (ACTIVE) - Summary

2017-S6275 (ACTIVE) - Sponsor Memo

2017-S6275 (ACTIVE) - Bill Text download pdf

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Sponsored By

Todd Kaminsky

Archive: Last Bill Status - In Senate Committee Environmental Conservation Committee

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co-Sponsors

John E. Brooks

2017-S6275 (ACTIVE) - Details

2017-S6275 (ACTIVE) - Summary

2017-S6275 (ACTIVE) - Sponsor Memo

2017-S6275 (ACTIVE) - Bill Text download pdf

Comments