S T A T E O F N E W Y O R K
________________________________________________________________________
4562
2019-2020 Regular Sessions
I N A S S E M B L Y
February 4, 2019
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Introduced by M. of A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
COOK, DINOWITZ, ORTIZ, PERRY -- read once and referred to the Commit-
tee on Health
AN ACT to amend the public health law and the state finance law, in
relation to the procurement and use of environmentally sensitive
commodities and services by hospitals
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public health law is amended by adding a new section
2805-z to read as follows:
§ 2805-Z. 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 THE PUBLIC
HEALTH AND THE ENVIRONMENT AS DETERMINED BY THE COMMISSIONER OF GENERAL
SERVICES.
(B) "COMMODITY" OR "COMMODITIES" MEANS MATERIALS, GOODS, SUPPLIES,
PRODUCTS, CONSTRUCTION ITEMS AND OTHER STANDARD ARTICLES OF COMMERCE
OTHER THAN TECHNOLOGY.
(C) "CONSTRUCTION ITEM" MEANS ANY ITEM OR MATERIAL USED IN
CONSTRUCTION AND WHICH IS PROCURED DIRECTLY BY A HOSPITAL OR BY A PERSON
UNDER CONTRACT BY A HOSPITAL.
(D) "SERVICE" OR "SERVICES" MEANS 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, TECHNOLOGY SHALL BE DEEMED A SERVICE.
2. THE COMMISSIONER OF GENERAL SERVICES, IN CONSULTATION WITH THE
COMMISSIONER, SHALL ESTABLISH AND FROM TIME TO TIME AMEND GUIDELINES AND
SPECIFICATIONS FOR ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES
FOR USE IN HOSPITALS; AND FOR USE IN THE CONSTRUCTION, RENOVATION OR
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09059-01-9
A. 4562 2
REPAIR OF HOSPITAL BUILDINGS AND RELATED FACILITIES. SUCH GUIDELINES
SHALL BE USED TO IDENTIFY ENVIRONMENTALLY SENSITIVE COMMODITIES 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 COMMODITIES AND
SERVICES, INCLUDING BUT NOT LIMITED TO, THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSITIVE 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
HOSPITALS GUIDELINES AND SPECIFICATIONS FOR THE PURCHASE OR USE OF ENVI-
RONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN HOSPITALS; AND FOR USE
IN THE CONSTRUCTION, RENOVATION OR REPAIR OF HOSPITAL BUILDINGS AND
RELATED FACILITIES. THE COMMISSIONER OF GENERAL SERVICES SHALL ALSO
PREPARE AND DISSEMINATE TO ALL HOSPITALS A SAMPLE LIST OF SUCH ENVIRON-
MENTALLY SENSITIVE COMMODITIES AND SERVICES THAT MEET THESE GUIDELINES
OR SPECIFICATIONS AND THEIR ENVIRONMENTAL AND HEALTH BENEFITS. EVERY
HOSPITAL SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST
WHEN MAKING DETERMINATIONS AS TO THE PURCHASE OF COMMODITIES,
CONSTRUCTION ITEMS OR SERVICES FOR USE IN THE HOSPITAL, OR FOR USE IN
THE CONSTRUCTION, RENOVATION, OR REPAIR OF HOSPITAL BUILDINGS.
4. ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-ONE, THE OFFICE OF
GENERAL SERVICES AND THE DEPARTMENT SHALL JOINTLY ISSUE A REPORT PROVID-
ING AN ANALYSIS OF THE IMPACT OF SUCH GUIDELINES AND SPECIFICATIONS ON
THE PURCHASING AND PROCUREMENT PRACTICES OF HOSPITALS.
§ 2. 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 HOSPITALS IN ACCORDANCE WITH
SPECIFICATIONS OR GUIDELINES PROMULGATED PURSUANT TO SECTION TWENTY-
EIGHT HUNDRED FIVE-Z OF THE PUBLIC HEALTH LAW.
§ 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the amendment to paragraph b
of subdivision 3 of section 163 of the state finance law, made by
section two of this act, shall not affect the repeal of such section and
shall be deemed repealed therewith. 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 to be
made and completed on or before such date.