Senate Bill S4425

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4425
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 8, 2023
                                ___________
 
 Introduced by Sen. FERNANDEZ -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN  ACT  to amend the executive law, in relation to greenhouse gas emis-
   sions in foods
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section 204 to
 read as follows:
   §  204.  GREENHOUSE GAS EMISSIONS IN FOODS. 1. TO TRACK THE GREENHOUSE
 GAS EMISSIONS ASSOCIATED WITH FOOD PURCHASES MADE BY STATE AGENCIES, THE
 OFFICE OF GENERAL SERVICES SHALL:
   (A) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-FIVE, IN CONSULTA-
 TION WITH THE DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  ESTABLISH  A
 METHODOLOGY  FOR  STATE AGENCIES TO ESTIMATE, TO THE EXTENT PRACTICABLE,
 THE GREENHOUSE GAS EMISSIONS THAT OCCUR THROUGH THE LIFE  CYCLE  OF  ALL
 FOOD  AND BEVERAGES PURCHASED BY THE STATE AGENCY, INCLUDING THIRD-PARTY
 VENDORS THAT PROVIDE FOOD ON BEHALF OF THE STATE AGENCY, THAT:
   (I) WILL ENABLE A STATE AGENCY TO RELIABLY TRACK CHANGES IN ITS  FOOD-
 RELATED GREENHOUSE GAS EMISSIONS OVER TIME AND DEMONSTRATE REDUCTIONS IN
 GREENHOUSE GAS EMISSIONS ASSOCIATED WITH FOOD AND BEVERAGES PURCHASED BY
 THE STATE AGENCY;
   (II) MAY ALLOW A STATE AGENCY TO EXCLUDE FROM THE TRACKING METHOD FOOD
 AND  BEVERAGE  PROCUREMENTS THAT DO NOT EXCEED FIFTEEN THOUSAND DOLLARS;
 AND
   (III) CONSIDERS THE COSTS AND FEASIBILITY OF IMPLEMENTING THE TRACKING
 METHOD;
   (B) ON OR BEFORE JANUARY FIRST, TWO THOUSAND TWENTY-SIX,  ESTABLISH  A
 BASELINE  MEASUREMENT  OF  THE  OVERALL  ANNUAL GREENHOUSE GAS EMISSIONS
 ASSOCIATED WITH THE STATE'S FOOD AND BEVERAGE PURCHASES; AND
   (C) IN CONSULTATION WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION,
 ESTABLISH BEST PRACTICES FOR STATE AGENCIES TO REDUCE THE GREENHOUSE GAS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08747-01-3
              

 S. 4425                             2
 
 EMISSIONS ASSOCIATED WITH FOOD AND  BEVERAGES  PURCHASED  BY  THE  STATE
 AGENCY  WITH  THE  GOAL  OF REDUCING OVERALL GREENHOUSE GAS EMISSIONS AS
 ESTABLISHED UNDER PARAGRAPH (B) OF THIS SUBDIVISION, INCLUDING RECOMMEN-
 DATIONS  FOR  REDUCING  FOOD  WASTE  AND  DECREASING THE TOTAL AMOUNT OF
 ANIMAL-BASED PRODUCTS PURCHASED.
   2. EACH STATE AGENCY SHALL GIVE CONSIDERATION AND PREFERENCE TO FOODS,
 BEVERAGES, AND PROCUREMENT PRACTICES THAT ACHIEVE THE GOAL  OF  REDUCING
 THE   GREENHOUSE  GAS  EMISSIONS  ASSOCIATED  WITH  FOOD  AND  BEVERAGES
 PURCHASED BY THE STATE AGENCY.
   3. IT IS THE GOAL OF THE OFFICE OF  GENERAL  SERVICES  TO  REDUCE  THE
 OVERALL  GREENHOUSE  GAS  EMISSIONS  ASSOCIATED  WITH FOOD AND BEVERAGES
 PURCHASED BY STATE PROCUREMENT  ACCORDING  TO  THE  FOLLOWING  REDUCTION
 SCHEDULE AS MEASURED IN RELATION TO THE BASELINE MEASUREMENT ESTABLISHED
 UNDER PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION:
   (A)   FOR  FISCAL  YEAR  TWO  THOUSAND  TWENTY-SEVEN,  A  TEN  PERCENT
 REDUCTION;
   (B)  FOR  FISCAL  YEAR  TWO  THOUSAND  THIRTY,  AN  EIGHTEEN   PERCENT
 REDUCTION; AND
   (C)  FOR  FISCAL YEAR TWO THOUSAND THIRTY-THREE, A TWENTY-FIVE PERCENT
 REDUCTION.
   4. ON OR BEFORE AUGUST FIRST,  TWO  THOUSAND  TWENTY-SEVEN,  AND  EACH
 AUGUST FIRST THEREAFTER, EACH STATE AGENCY SHALL REPORT TO THE OFFICE OF
 GENERAL  SERVICES ON SUCH STATE AGENCY'S PROGRESS IN REDUCING THE GREEN-
 HOUSE GAS EMISSIONS ASSOCIATED WITH FOOD AND BEVERAGES PROCURED  BY  THE
 STATE  AGENCY  DURING  THE IMMEDIATELY PRECEDING FISCAL YEAR IN A FORMAT
 SET BY THE OFFICE OF GENERAL SERVICES, IN CONSULTATION WITH THE  DEPART-
 MENT  OF ENVIRONMENTAL CONSERVATION, AND CONSISTENT WITH THE METHODOLOGY
 ESTABLISHED UNDER PARAGRAPH (A) OF SUBDIVISION ONE OF THIS SECTION.
   5. BEGINNING WITH THE ANNUAL REPORT SUBMITTED IN TWO THOUSAND  TWENTY-
 SEVEN  AS REQUIRED UNDER SUBDIVISION FOUR OF THIS SECTION, THE OFFICE OF
 GENERAL SERVICES SHALL INCLUDE IN ITS ANNUAL REPORT:
   (A) AN UPDATE ON THE OVERALL PROGRESS OF THE STATE IN REDUCING  GREEN-
 HOUSE  GAS  EMISSIONS ASSOCIATED WITH FOOD AND BEVERAGES PROCURED BY THE
 STATE; AND
   (B) RECOMMENDATIONS FOR POLICY CHANGES TO  FURTHER  REDUCE  GREENHOUSE
 GAS  EMISSIONS  FROM FOOD OR TO ACHIEVE MORE QUICKLY THE REDUCTION GOALS
 ESTABLISHED UNDER THIS SECTION.
   § 2. This act shall take effect on the one hundred twentieth day after
 it shall have become a law. Effective immediately, the addition,  amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation  of  this act on its effective date are authorized to be made and
 completed on or before such effective date.