S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2268
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 23, 2019
                                ___________
 
 Introduced by Sens. COMRIE, RANZENHOFER -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Corporations,
   Authorities and Commissions
 
 AN  ACT  to  amend chapter 154 of the laws of 1921, relating to the Port
   Authority of New York and New  Jersey,  in  relation  to  establishing
   environmental  standards  for  the  Port Authority of New York and New
   Jersey
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Chapter  154  of  the  laws of 1921, relating to the Port
 Authority of New York and New Jersey, is amended by adding a new article
 X-A to read as follows:
                                 ARTICLE X-A
   § 1.  DEFINITIONS. FOR THE PURPOSES OF  THIS  ARTICLE,  THE  FOLLOWING
 WORDS AND TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "BUILDING  OR  FACILITY"  MEANS A SINGLE BUILDING OR FACILITY OR A
 GROUP OF BUILDINGS OR STRUCTURES AT A SINGLE SITE THAT IS OWNED, LEASED,
 OPERATED OR FUNDED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY THAT
 EXCEEDS TEN THOUSAND SQUARE FEET OF SPACE.  FOR  THE  PURPOSES  OF  THIS
 TITLE,  THE TERM "FACILITY" SHALL INCLUDE ANY HIGHWAY, PARKWAY OR PUBLIC
 ROAD OWNED, OPERATED OR MAINTAINED BY THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY.
   2. "COGENERATION" MEANS THE SIMULTANEOUS GENERATION OF  TWO  DIFFERENT
 FORMS  OF  USEFUL ENERGY USING ONE SINGLE PRIMARY ENERGY SOURCE, SUCH AS
 THE PRODUCTION OF ELECTRICITY USING WASTE ENERGY, SUCH AS STEAM; OR  THE
 USE OF STEAM FROM ELECTRIC POWER GENERATION AS A SOURCE OF HEAT.
   3.  "DISTRIBUTED  GENERATION" MEANS ELECTRICITY THAT IS GENERATED FROM
 SMALL ENERGY SOURCES THAT ARE LOCATED NEAR OR IN THE BUILDING OR FACILI-
 TY WHERE THE ELECTRICITY IS USED. DISTRIBUTED  ENERGY  RESOURCE  SYSTEMS
 ARE  SMALL-SCALE POWER GENERATION TECHNOLOGIES USED TO PROVIDE AN ALTER-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00776-01-9
              

 S. 2268                             2
 
 NATIVE TO OR ENHANCEMENT OF THE TRADITIONAL ELECTRIC POWER SYSTEM,  SUCH
 AS SOLAR PANELS OR SMALL WIND TURBINES.
   4.  "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY FROM
 HYDROGEN OR HYDROCARBON FUEL THROUGH A  NON-COMBUSTIVE  ELECTRO-CHEMICAL
 PROCESS.
   5.  "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING SOURC-
 ES: SOLAR THERMAL,  PHOTOVOLTAICS,  WIND,  HYDROELECTRIC,  GEO-EXCHANGE,
 TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS.
   §  2.  ENERGY  TARGETS.  1. ALL BUILDINGS OR FACILITIES OR VEHICLES OR
 VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT  AUTHORITY  OF  NEW
 YORK  AND  NEW  JERSEY PAYS DIRECTLY FOR ENERGY, OR OPERATED BY THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY, SHALL MEET THE  FOLLOWING  TARGETS
 AND  TIMETABLE TO ACHIEVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS, ENERGY
 AND WATER CONSUMPTION:
   (A) REDUCE GREENHOUSE GAS EMISSIONS THAT RESULT FROM PORT AUTHORITY OF
 NEW YORK AND NEW JERSEY OPERATIONS FROM THE ESTABLISHED  BASELINE  MEAS-
 UREMENTS  BY FIFTEEN PERCENT BY THE YEAR TWO THOUSAND TWENTY-FOUR, TWEN-
 TY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-NINE AND  FIFTY  PERCENT
 BY THE YEAR TWO THOUSAND THIRTY-FOUR. EMISSION REDUCTIONS SHALL BE MEAS-
 URED  ON AN ABSOLUTE BASIS AND NOT ADJUSTED FOR FACILITY EXPANSION, LOAD
 GROWTH OR WEATHER;
   (B) REDUCE OVERALL ENERGY CONSUMPTION AT BUILDINGS  OR  FACILITIES  OR
 VEHICLES OR VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT AUTHOR-
 ITY  OF  NEW  YORK  AND NEW JERSEY PAYS DIRECTLY FOR ENERGY, BY THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY FROM THE ESTABLISHED BASELINE MEAS-
 UREMENTS BY FIFTEEN PERCENT BY THE YEAR TWO THOUSAND TWENTY-FOUR,  TWEN-
 TY-FIVE  PERCENT  BY THE YEAR TWO THOUSAND TWENTY-NINE AND FIFTY PERCENT
 BY THE YEAR TWO THOUSAND THIRTY-FOUR;
   (C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
 BY TEN PERCENT BY THE YEAR TWO THOUSAND TWENTY-FOUR, TWENTY  PERCENT  BY
 THE  YEAR  TWO  THOUSAND  TWENTY-NINE AND THIRTY PERCENT BY THE YEAR TWO
 THOUSAND THIRTY-FOUR; AND
   (D) OBTAIN BY GENERATION OR  PROCUREMENT  FIFTEEN  PERCENT  OF  ANNUAL
 ELECTRICITY  CONSUMPTION  FROM RENEWABLE SOURCES AND/OR FROM DISTRIBUTED
 GENERATION OR COGENERATION BY THE YEAR TWO THOUSAND  TWENTY-FOUR,  TWEN-
 TY-FIVE  PERCENT  BY THE YEAR TWO THOUSAND TWENTY-NINE AND FIFTY PERCENT
 BY THE YEAR TWO THOUSAND THIRTY-FOUR.
   2. THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  SHALL  ESTABLISH  A
 BASELINE  MEASUREMENT OF GREENHOUSE GAS EMISSIONS, ELECTRICITY AND WATER
 CONSUMPTION LEVELS FOR THE PERIOD BEGINNING JANUARY FIRST, TWO  THOUSAND
 FOURTEEN AND ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND FIFTEEN FOR SUCH
 BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET.  THE BASELINE MEASURE-
 MENT SHALL BE THE AVERAGE OF THE TWO YEAR PERIOD.
   §  3.  ENERGY  ASSESSMENTS AND EFFICIENCY PLAN. 1. ENERGY ASSESSMENTS.
 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL  CONDUCT  AN  ANNUAL
 ONSITE  ASSESSMENT  AND  EVALUATION  OF ENERGY AND WATER CONSUMPTION AND
 EXPENSES OF ANY BUILDING OR FACILITY IT OWNS, LEASES  OR  OPERATES.  THE
 ASSESSMENT SHALL INCLUDE THE FOLLOWING INFORMATION:
   (A)  THE  TOTAL  NUMBER  OF  BUILDINGS AND FACILITIES OWNED, LEASED OR
 OPERATED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE  TOTAL
 SQUARE FOOTAGE FOR SUCH BUILDINGS AND FACILITIES;
   (B)  THE TOTAL ANNUAL ENERGY CONSUMPTION, LISTED BY ENERGY SOURCE, FOR
 EACH BUILDING OR FACILITY;
   (C) THE TOTAL ANNUAL ENERGY COST CALCULATED PER SQUARE FOOT, AND LIST-
 ED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY;
   (D) THE TOTAL ANNUAL WATER CONSUMPTION FOR EACH BUILDING OR FACILITY;

 S. 2268                             3
 
   (E) THE TOTAL ANNUAL COST FOR FUEL USED BY  AUTHORITY-OWNED  VEHICLES,
 LISTED  BY  FUEL  TYPE AND THE AVERAGE MILEAGE EFFICIENCY OF VEHICLES BY
 VEHICLE CLASS OWNED OR LEASED BY THE PORT AUTHORITY OF NEW YORK AND  NEW
 JERSEY; AND
   (F)  A  BREAKDOWN  BY PERCENTAGE OF THE TOTAL RENEWABLE ENERGY USED BY
 EACH BUILDING OR FACILITY.
   2. ENERGY  EFFICIENCY  PLAN.  (A)  BASED  ON  THE  INITIAL  ASSESSMENT
 CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PORT AUTHORI-
 TY OF NEW YORK AND NEW JERSEY SHALL DEVELOP AN ENERGY EFFICIENCY PLAN TO
 MEET  THE  TARGETS, GOALS AND TIMETABLE ESTABLISHED PURSUANT TO SUBDIVI-
 SION ONE OF SECTION TWO OF THIS ARTICLE. SUCH PLAN SHALL BE SUBMITTED TO
 THE GOVERNORS AND LEGISLATURES OF BOTH STATES.
   (B) THE PLAN SHALL DESCRIBE SPECIFIC MEASURES TO BE  TAKEN  TO  REDUCE
 THE  PORT  AUTHORITY  OF  NEW YORK AND NEW JERSEY'S GREENHOUSE GAS EMIS-
 SIONS, ENERGY AND WATER CONSUMPTION IN ACCORDANCE WITH SUCH TARGETS  AND
 GOALS.  THE  PLAN SHALL ALSO DESCRIBE ANY POLICIES ADOPTED, AND PROJECTS
 PURSUED, BY THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  TO  INCREASE
 THE  USE OF RENEWABLE ENERGY SOURCES AND OTHER ALTERNATIVE SOURCES, SUCH
 AS DISTRIBUTIVE GENERATION AND COGENERATION.
   (C) THE PLAN SHALL:
   (1) PROVIDE A  DETAILED  AND  COMPREHENSIVE  PLAN  FOR  ACHIEVING  THE
 TARGETS AND GOALS SET FORTH IN SECTION TWO OF THIS ARTICLE; AND
   (2) BE IMPLEMENTED IN A COST-EFFECTIVE MANNER.
   (D)  THE  PLAN  SHALL  BE  AMENDED  TO  REFLECT ANY CHANGES OR UPDATES
 REPORTED IN THE ANNUAL ASSESSMENT PURSUANT TO SUBDIVISION  ONE  OF  THIS
 SECTION.
   (E)  WITH  RESPECT  TO BUILDINGS AND FACILITIES THAT CONTAIN LESS THAN
 TEN THOUSAND SQUARE FEET IN SPACE, THE PORT AUTHORITY OF  NEW  YORK  AND
 NEW JERSEY IS ENCOURAGED TO ASSESS, DEVELOP AND IMPLEMENT EFFICIENCY AND
 WASTE MANAGEMENT PLANS CONSISTENT WITH THE TARGETS, GOALS AND TIMETABLES
 REQUIRED PURSUANT TO THIS ARTICLE.
   §  4.  SOLID  WASTE  MANAGEMENT PLAN. 1. FOR PURPOSES OF THIS SECTION,
 "SOLID WASTE" SHALL MEAN ALL PUTRESCIBLE AND  NON-PUTRESCIBLE  MATERIALS
 OR  SUBSTANCES  DISCARDED OR REJECTED AS BEING SPENT, USELESS, WORTHLESS
 OR IN EXCESS TO THE OWNERS AT THE TIME OF  SUCH  DISCARD  OR  REJECTION,
 INCLUDING,  BUT  NOT LIMITED TO, GARBAGE, REFUSE, INDUSTRIAL AND COMMER-
 CIAL WASTE, SLUDGES FROM  AIR  OR  WATER  CONTROL  FACILITIES,  RUBBISH,
 ASHES,  CONTAINED  GASEOUS MATERIAL, INCINERATOR RESIDUE, DEMOLITION AND
 CONSTRUCTION DEBRIS, DISCARDED AUTOMOBILES AND OFFAL BUT  NOT  INCLUDING
 SEWAGE  AND  OTHER  HIGHLY DILUTED WATER CARRIED MATERIALS OR SUBSTANCES
 AND THOSE IN GASEOUS FORM.  "SOLID  WASTE"  SHALL  NOT  INCLUDE  SOURCE,
 SPECIAL  NUCLEAR  OR BY-PRODUCT MATERIAL AS DEFINED IN THE ATOMIC ENERGY
 ACT OF 1954, AS AMENDED.
   2. (A) THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL PREPARE AND
 SUBMIT TO THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF  ENVIRON-
 MENTAL CONSERVATION AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPART-
 MENT  OF ENVIRONMENTAL PROTECTION FOR REVIEW AND APPROVAL, A SOLID WASTE
 MANAGEMENT PLAN FOR AT LEAST A TEN-YEAR PERIOD.
   (B) THE SOLID WASTE MANAGEMENT PLAN SHALL, AT A MINIMUM:
   (1) IDENTIFY, DESCRIBE AND CHARACTERIZE THE SOLID WASTE STREAM  TO  BE
 MANAGED IN THE PLANNING PERIOD;
   (2)  ASSESS  EXISTING  AND  ALTERNATE  PROPOSED SOLID WASTE MANAGEMENT
 PROGRAMS AND FACILITIES;
   (3) IDENTIFY THE PARTIES WITH RESPONSIBILITY TO IMPLEMENT EACH ELEMENT
 OF THE PLAN AND THE STEPS WHICH MUST BE UNDERTAKEN BY EACH; AND

 S. 2268                             4
 
   (4) SET FORTH A TIMETABLE FOR IMPLEMENTING THE PLAN, INCLUDING  ESTAB-
 LISHING ANNUAL GOALS.
   (C)  SUCH  PLAN  SHALL  STRIVE  TO ACHIEVE THE OBJECTIVES OF THE STATE
 SOLID WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THE  ENVI-
 RONMENTAL  CONSERVATION LAW, PROVIDE FOR OR TAKE INTO ACCOUNT MANAGEMENT
 OF ALL SOLID WASTE WITHIN THE PLANNING  UNIT,  AND  EMBODY,  AS  MAY  BE
 APPROPRIATE  TO  THE  CIRCUMSTANCES,  SOUND  PRINCIPLES  OF  SOLID WASTE
 MANAGEMENT,  NATURAL  RESOURCES  CONSERVATION,  ENERGY  PRODUCTION,  AND
 EMPLOYMENT CREATING OPPORTUNITIES.
   (D)  THE PLAN SHALL BE DEEMED COMPLETE IF IT CONTAINS ALL THE ELEMENTS
 SET FORTH IN PARAGRAPH (B) OF THIS  SUBDIVISION.  THEREAFTER  SUCH  PLAN
 SHALL  BECOME  THE  SOLID  WASTE  MANAGEMENT PLAN IN EFFECT FOR THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY. IF THE PLAN AS SUBMITTED DOES  NOT
 CONTAIN THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, THE
 COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
 TION  OR THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF ENVIRON-
 MENTAL PROTECTION SHALL STATE THE  REASONS  FOR  ITS  DETERMINATION  AND
 REQUIRE  THE  PORT  AUTHORITY OF NEW YORK AND NEW JERSEY TO RE-SUBMIT AN
 AMENDED PLAN FOR APPROVAL.
   § 5. SUSTAINABILITY COORDINATOR. 1. THE PORT AUTHORITY OF NEW YORK AND
 NEW JERSEY SHALL APPOINT A SUSTAINABILITY COORDINATOR TO ORGANIZE, COOR-
 DINATE, OVERSEE AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT
 ACTIVITIES OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE COORDI-
 NATOR SHALL, AMONG OTHER DUTIES AND RESPONSIBILITIES:
   (A) PREPARE THE ENERGY EFFICIENCY AND SOLID WASTE MANAGEMENT PLANS;
   (B) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF  THE  EFFI-
 CIENCY ACTIVITIES CONTAINED IN THE EFFICIENCY PLAN;
   (C)  ORGANIZE,  COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE SOLID
 WASTE MANAGEMENT PLAN;
   (D) SUBMIT THE PROGRESS REPORTS REQUIRED PURSUANT TO SECTION EIGHT  OF
 THIS ARTICLE; AND
   (E)  DISSEMINATE  ALL  APPLICABLE  INFORMATION TO AUTHORITY STAFF, AND
 TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE-
 MENT DATA.
   2. THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF  ENVIRONMENTAL
 CONSERVATION  AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF
 ENVIRONMENTAL PROTECTION SHALL DEVELOP AND CONDUCT  A  TRAINING  PROGRAM
 FOR THE SUSTAINABILITY COORDINATOR AND ASSIST HIM OR HER WITH THE TRAIN-
 ING OF APPROPRIATE STAFF, VENDORS AND CONTRACTORS.
   §  6.  NEW CONSTRUCTION, RENOVATIONS AND LEASES. 1. (A) THE DESIGN AND
 CONSTRUCTION OF ANY NEW BUILDINGS  OR  FACILITIES,  OR  THE  SUBSTANTIAL
 RENOVATION OF AN EXISTING BUILDING OR FACILITY, BY THE PORT AUTHORITY OF
 NEW YORK AND NEW JERSEY SHALL COMPLY WITH THE ENVIRONMENTAL AND SUSTAIN-
 ABILITY STANDARDS AND REGULATIONS PROMULGATED JOINTLY BY THE COMMISSION-
 ER  OF  THE  NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND
 THE COMMISSIONER OF THE NEW JERSEY  STATE  DEPARTMENT  OF  ENVIRONMENTAL
 PROTECTION. THIS SUBDIVISION SHALL ALSO APPLY TO A BUILDING OR FACILITY,
 FIFTY  PERCENT  OR  MORE OF THE FUNDING FOR THE PURCHASE, LEASE, DESIGN,
 CONSTRUCTION OR SUBSTANTIAL RENOVATION THEREOF  IS  FUNDED  DIRECTLY  OR
 INDIRECTLY BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
   (B)  FOR  THE  PURPOSES  OF  THIS SECTION, THE TERM "SUBSTANTIAL RENO-
 VATION" SHALL MEAN: A  CAPITAL  PROJECT  IN  WHICH  THE  SCOPE  OF  WORK
 INVOLVES  AT  LEAST TWO OF THE FOLLOWING PRIMARY BUILDING SYSTEMS: ELEC-
 TRICAL, PLUMBING,  BOILER,  ELEVATOR,  HVAC,  ROOF  REPLACEMENT,  WINDOW
 REPLACEMENT,  LIGHTING OR EXTERNAL MASONRY, PAINTING AND PLASTERING; AND

 S. 2268                             5
 
 THE BUILDING AREA IN WHICH THE CONSTRUCTION IS PERFORMED WILL BE UNOCCU-
 PIED DUE TO THE NATURE OF THE CONSTRUCTION FOR THIRTY DAYS OR MORE.
   2.  ANY  LEASES ENTERED INTO BY THE PORT AUTHORITY OF NEW YORK AND NEW
 JERSEY, INCLUDING THE RENEGOTIATION OR  EXTENSION  OF  EXISTING  LEASES,
 SHALL:
   (A) INCORPORATE LEASE PROVISIONS THAT ENCOURAGE ENERGY AND WATER EFFI-
 CIENCY WHEREVER LIFE-CYCLE COST-EFFECTIVE. BUILD-TO-SUIT LEASE SOLICITA-
 TIONS SHALL CONTAIN CRITERIA ENCOURAGING SUSTAINABLE DESIGN AND DEVELOP-
 MENT, ENERGY EFFICIENCY, AND VERIFICATION OF FACILITY PERFORMANCE;
   (B)  INCLUDE A PREFERENCE FOR FACILITIES HAVING THE ENERGY STAR BUILD-
 ING LABEL IN THEIR SELECTION CRITERIA FOR ACQUIRING  LEASED  FACILITIES;
 AND
   (C)  ENCOURAGE  LESSORS TO APPLY FOR AN ENERGY STAR BUILDING LABEL AND
 TO EXPLORE AND IMPLEMENT PROJECTS  THAT  WILL  REDUCE  COSTS,  INCLUDING
 PROJECTS CARRIED OUT THROUGH THE LESSORS' ENERGY-SAVINGS CONTRACTS.
   §  7.  PROCUREMENT.  1.  PROCUREMENT  FROM SPECIFICATION LIST. (A) ALL
 PURCHASES OF COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE BY THE
 PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL BE PURSUANT TO  PROCURE-
 MENT  LISTS AND SPECIFICATIONS PROMULGATED JOINTLY BY THE NEW YORK STATE
 OFFICE OF GENERAL SERVICES AND THE NEW JERSEY STATE DIVISION OF PURCHASE
 AND PROPERTY.
   (B) IN ADDITION, THE PORT AUTHORITY OF NEW YORK AND NEW  JERSEY  SHALL
 PROCURE  COMMODITIES,  EQUIPMENT, SERVICES AND TECHNOLOGIES THAT MEET OR
 EXCEED THE FOLLOWING MINIMUM SPECIFICATIONS:
   (1) 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 PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MINIMUM
 POST-CONSUMER MATERIAL  CONTENT  PERCENTAGES  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. ALL
 COPY AND JANITORIAL PAPER SHALL BE PROCESSED CHLORINE-FREE TO THE EXTENT
 PRACTICABLE. ALL STATE AUTHORITIES 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.
   (2) WASTE REDUCTION. STATE AUTHORITIES 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. STATE AUTHORITIES SHALL FAVOR DURABILITY, REPAIRABILITY AND
 REUSE WHEN PURCHASING SUPPLIES.
   2. IF A COMMODITY OR EQUIPMENT IS NOT ON  THE  PROCUREMENT  LIST,  THE
 PORT  AUTHORITY  OF NEW YORK AND NEW JERSEY SHALL SELECT ENERGY STAR AND
 ENERGY-EFFICIENT PRODUCTS WHEN ACQUIRING ENERGY-USING PRODUCTS OR EQUIP-
 MENT. FOR PRODUCTS OR EQUIPMENT FOR WHICH ENERGY STAR LABELS ARE NOT YET
 AVAILABLE, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY  SHALL  PROCURE
 PRODUCTS  AND  EQUIPMENT  WITH THE HIGHEST ENERGY EFFICIENCY RATINGS FOR
 SUCH PRODUCTS OR EQUIPMENT AS IS PRACTICABLE.
   3. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY MAY PROCURE A COMMOD-
 ITY, EQUIPMENT, SERVICE OR TECHNOLOGY THROUGH A PROCESS  THAT  DOES  NOT
 COMPLY  WITH THIS SECTION WHEN THE PURCHASE OF THE COMMODITY, EQUIPMENT,
 SERVICE OR TECHNOLOGY IS NECESSARY TO  RESPOND  TO  AN  EMERGENCY  WHICH
 ENDANGERS  PUBLIC HEALTH OR SAFETY, PROVIDED SUCH AUTHORITY SHALL WITHIN
 SEVEN BUSINESS DAYS FILE A WRITTEN REPORT WITH  THE  AUTHORITY'S  BUDGET
 OFFICE  AND THE OFFICE OF THE STATE COMPTROLLER, WHICH SHALL BECOME PART

 S. 2268                             6
 
 OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
 MATION:
   (A)  A  DESCRIPTION  OF  THE  EMERGENCY THAT PREVENTED COMPLIANCE WITH
 SUBDIVISIONS ONE AND TWO OF THIS SECTION;
   (B) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION  OF  THE
 SERVICE, ITS USE AND INTENSITY OF USE;
   (C)  A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC HEALTH
 AND SAFETY DURING THE EMERGENCY; AND
   (D) AN EXPLANATION OF HOW SUCH AN EMERGENCY  CAN  BE  AVOIDED  IN  THE
 FUTURE.
   4.  (A)  BEGINNING  ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
 THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY,  WHEN  PROCURING  COMMOD-
 ITIES,  EQUIPMENT,  SERVICES  OR  TECHNOLOGY  SHALL FOLLOW PRACTICES AND
 DEVELOP SOLICITATION SPECIFICATIONS THAT  MEET  OR  EXCEED  THE  MINIMUM
 SPECIFICATIONS  ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. ALL SUCH
 CONTRACTS SHALL INCLUDE A STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFI-
 CATIONS WERE MET.
   (B) IN THE EVENT THAT THE PORT AUTHORITY OF NEW YORK  AND  NEW  JERSEY
 RECEIVES  NO  BIDS  OR  PROPOSALS THAT MEET THE SPECIFICATIONS DEVELOPED
 PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH AUTHORITY MAY  WITH-
 DRAW  THE REQUEST FOR BIDS OR PROPOSALS AND BEGIN A NEW PROCUREMENT WITH
 NEW SPECIFICATIONS THAT DO NOT MEET THE SPECIFICATIONS DEVELOPED  PURSU-
 ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND AWARD A CONTRACT IN ACCORD-
 ANCE WITH OTHER APPLICABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHOR-
 ITY  SHALL  DOCUMENT  THE REASONS WHY SUCH PROCUREMENT DOES NOT MEET THE
 MINIMUM SPECIFICATIONS ESTABLISHED IN SUBDIVISION ONE OF  THIS  SECTION,
 AND  SUBMIT  SUCH  DOCUMENTATION  FOR  INCLUSION  IN  THE  ANNUAL REPORT
 REQUIRED PURSUANT TO THIS ARTICLE AND TO THE OFFICE OF THE  STATE  COMP-
 TROLLER OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE COMPTROLLER
 OF THE STATE OF NEW JERSEY FOR INCLUSION IN THE PROCUREMENT RECORD.
   5.  (A)  NOTHING  IN  THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE
 PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIP-
 MENT, SERVICE OR TECHNOLOGY THAT DOES NOT MEET THE  FORM,  FUNCTION  AND
 UTILITY  REQUIRED  BY SUCH AUTHORITY, OR AS REQUIRING THE PORT AUTHORITY
 OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR
 TECHNOLOGY THE COST OF WHICH EXCEEDS THE COST OF AN  ALTERNATIVE  AVAIL-
 ABLE COMMODITY OR SERVICE BY MORE THAN TEN PERCENT.
   (B)  WHEN  DETERMINING  AND COMPARING COSTS, THE PORT AUTHORITY OF NEW
 YORK AND NEW JERSEY SHALL CONSIDER THE FOLLOWING DEFINITION. "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 ASSOCI-
 ATED  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 ASSOCI-
 ATED  WITH CONSTRUCTION, ENERGY USE, MAINTENANCE, OPERATION, AND SALVAGE
 OR DISPOSAL.
   6. TRAINING AND EDUCATION.  THE  NEW  YORK  STATE  OFFICE  OF  GENERAL
 SERVICES  AND  THE  NEW  JERSEY STATE DIVISION OF PURCHASE AND PROPERTY,
 WITH THE ASSISTANCE OF THE NEW YORK STATE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION  AND  THE  NEW  JERSEY  STATE  DEPARTMENT  OF ENVIRONMENTAL
 PROTECTION, THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE  NEW  JERSEY
 STATE  DEPARTMENT  OF  HEALTH AND SENIOR SERVICES, AND THE OFFICE OF THE
 STATE COMPTROLLER OF THE STATE OF NEW YORK AND THE OFFICE OF  THE  STATE

 S. 2268                             7
 
 COMPTROLLER  OF  THE  STATE  OF  NEW JERSEY, WITHIN TWELVE MONTHS OF THE
 EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTATION OF
 A TRAINING PROGRAM FOR SENIOR MANAGERS AND PORT AUTHORITY  OF  NEW  YORK
 AND  NEW  JERSEY  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 ONGOING TRAINING.
   §  8.  REPORTS. 1. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL
 PREPARE AND SUBMIT TO THE GOVERNORS OF THE STATES OF NEW  YORK  AND  NEW
 JERSEY  AND  THE STATE LEGISLATURES OF NEW YORK AND NEW JERSEY AN ANNUAL
 PROGRESS REPORT IN A FORM OR  MANNER,  CONTAINING  SUCH  INFORMATION  OR
 DATA,  AND  ON  SUCH DATE DETERMINED BY THE COUNCIL. THE REPORT SHALL BE
 CERTIFIED AS ACCURATE AND COMPLETE BY THE EXECUTIVE DIRECTOR OF THE PORT
 AUTHORITY OF NEW YORK AND NEW JERSEY.
   2. AT A MINIMUM, SUCH REPORT SHALL DESCRIBE:
   (A) THE PORT AUTHORITY OF NEW  YORK AND NEW JERSEY'S EFFORTS REGARDING
 REDUCTION IN ENERGY AND WATER CONSUMPTION; WASTE REDUCTION AND RECYCLING
 ACTIVITIES; RECYCLED PRODUCT PROCUREMENT; QUANTITIES OF  MATERIAL  RECY-
 CLED;
   (B)  THE  PROGRESS MADE TOWARD ACHIEVING THE TARGET AND GOALS MANDATED
 IN THIS ARTICLE;
   (C) THE PROGRESS MADE TOWARD INCREASING THE USE  OF  RENEWABLE  ENERGY
 SOURCES; AND
   (D)  BARRIERS  TO  ACHIEVING  PROGRESS  TOWARD MEETING THE TARGETS AND
 GOALS.
   § 2. Severability. If any clause, sentence, paragraph, section or part
 of this act shall be adjudged by any court of competent jurisdiction  to
 be  invalid,  the  judgment  shall not affect, impair, or invalidate the
 remainder thereof, but shall be confined in its operation to the clause,
 sentence, paragraph, section or part thereof directly  involved  in  the
 controversy in which the judgment shall have been rendered.
   §  3.  This  act  shall take effect upon the enactment into law by the
 state of New Jersey of legislation having an identical effect with  this
 act,  but  if  the  state  of New Jersey shall have already enacted such
 legislation, this act shall take effect immediately; provided  that  the
 chairman  of  the port authority of New Jersey shall notify the legisla-
 tive bill drafting commission upon the occurrence of  the  enactment  of
 the  legislation  provided  for in section one of this act in order that
 the commission may maintain an accurate and timely effective  data  base
 of the official text of the laws of the state of New York in furtherance
 of  effectuating the provisions of section 44 of the legislative law and
 section 70-b of the public officers law.