S T A T E O F N E W Y O R K
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5180
2023-2024 Regular Sessions
I N S E N A T E
February 24, 2023
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Introduced by Sen. HARCKHAM -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
AN ACT to amend the state finance law, in relation to establishing the
interagency committee on sustainability and green procurement
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 160 of the state finance law is amended by adding a
new subdivision 5-a to read as follows:
5-A. "PUBLIC AUTHORITY" MEANS A PUBLIC AUTHORITY OR PUBLIC BENEFIT
CORPORATION CREATED BY OR EXISTING UNDER ANY STATE LAW, A MAJORITY OF
WHOSE MEMBERS ARE APPOINTED BY THE GOVERNOR (INCLUDING ANY SUBSIDIARIES
OF SUCH PUBLIC AUTHORITY OR PUBLIC BENEFIT CORPORATION), OTHER THAN AN
INTERSTATE OR INTERNATIONAL AUTHORITY OR PUBLIC BENEFIT CORPORATION.
§ 2. The state finance law is amended by adding a new section 161-a to
read as follows:
§ 161-A. INTERAGENCY COMMITTEE ON SUSTAINABILITY AND GREEN PROCURE-
MENT. 1. (A) 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, THE COMMISSIONER OF
ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH, THE COMMISSIONER
OF ECONOMIC DEVELOPMENT, THE PRESIDENT OF THE URBAN DEVELOPMENT CORPO-
RATION, THE COMMISSIONER OF TRANSPORTATION, THE PRESIDENT OF THE ENVI-
RONMENTAL 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 AND THE
COMMISSIONER OF ENVIRONMENTAL CONSERVATION SHALL SERVE AS CO-CHAIRS OF
THE COMMITTEE.
(B) 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04795-01-3
S. 5180 2
ALL ACTIONS AND RECOMMENDATIONS OF THE COMMITTEE SHALL REQUIRE APPROVAL
OF A MAJORITY OF THE TOTAL MEMBERS OF THE COMMITTEE.
2. (A) THE COMMITTEE, NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND
TWENTY-FOUR, AND ANNUALLY THEREAFTER, SHALL SELECT A MINIMUM OF THREE
"PRIORITY CATEGORIES" OF COMMODITIES, SERVICES OR TECHNOLOGY, AND AT
LEAST TWELVE "PRIORITY COMMODITIES, SERVICES AND TECHNOLOGY" WITHIN EACH
OF THE PRIORITY CATEGORIES, FOR WHICH THE COMMITTEE SHALL DEVELOP "GREEN
PROCUREMENT LISTS" AND "GREEN PROCUREMENT SPECIFICATIONS" FOR USE BY
STATE AGENCIES AND PUBLIC AUTHORITIES IN THE PROCUREMENT OF COMMODITIES,
SERVICES AND TECHNOLOGY. THE COMMITTEE SHALL FOCUS ON COMMODITIES,
SERVICES AND TECHNOLOGY THAT REASONABLY WILL: (I) REDUCE OR ELIMINATE
THE HEALTH AND ENVIRONMENTAL RISKS FROM THE USE OR RELEASE OF TOXIC
SUBSTANCES; (II) MINIMIZE RISKS OF THE DISCHARGE OF POLLUTANTS INTO THE
ENVIRONMENT; (III) MINIMIZE THE VOLUME AND TOXICITY OF PACKAGING; (IV)
MAXIMIZE THE USE OF RECYCLED CONTENT AND SUSTAINABLY MANAGED RENEWABLE
RESOURCES; AND (V) PROVIDE OTHER ENVIRONMENTAL AND HEALTH BENEFITS.
(B) THE COMMITTEE, NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWENTY-
FOUR, SHALL DEVELOP: (I) PROCUREMENT SPECIFICATIONS TO BE USED FOR THE
DEVELOPMENT AND ISSUANCE OF NEW CONTRACTS AND NEW SOLICITATIONS FOR
PRIORITY COMMODITIES, SERVICES AND TECHNOLOGY; AND (II) PROCUREMENT
LISTS OF PRIORITY COMMODITIES, SERVICES AND TECHNOLOGY THAT ARE AVAIL-
ABLE UNDER EXISTING PROCUREMENT ARRANGEMENTS THAT SATISFY THE REQUIRE-
MENTS OF THIS SECTION.
(C) IN DEVELOPING THE PROCUREMENT LISTS AND PROCUREMENT SPECIFICATIONS
REQUIRED BY THIS SUBDIVISION, THE COMMITTEE SHALL CONSIDER THE FOLLOWING
FACTORS: (I) PROTECTION OF THE PUBLIC HEALTH AND THE ENVIRONMENT,
INCLUDING THE HEALTH OF CHILDREN AND OTHER VULNERABLE POPULATIONS; (II)
AVOIDANCE OF RISKS FROM THE USE OR RELEASE OF TOXIC SUBSTANCES; (III)
POLLUTION REDUCTION AND PREVENTION; (IV) SUSTAINABLE RESOURCE MANAGEMENT
AND USE, AND SUSTAINABLE MANUFACTURING AND PRODUCTION PROCESSES; (V)
REDUCTION OF GREENHOUSE GASES; (VI) THE USE OF RENEWABLE RESOURCES,
REMANUFACTURED COMPONENTS AND RECYCLED CONTENT; (VII) WASTE REDUCTION,
RECYCLABILITY AND COMPOSTABILITY; (VIII) QUALITY, DURABILITY AND UTILI-
TY; (IX) MINIMIZING ADVERSE IMPACTS THROUGHOUT A COMMODITY'S OR TECHNOL-
OGY'S LIFE CYCLE; (X) COST; (XI) EXTENDED PRODUCER LIABILITY; AND (XII)
LEGAL AND REGULATORY REQUIREMENTS APPLICABLE TO THE USE AND PROCUREMENT
OF COMMODITIES, SERVICES AND TECHNOLOGY.
(D) THE COMMITTEE MAY REVIEW THE PRIORITY CATEGORIES, PRIORITY COMMOD-
ITIES, SERVICES AND TECHNOLOGY, PROCUREMENT LISTS AND PROCUREMENT SPEC-
IFICATIONS PERIODICALLY AND REVISE OR SUPPLEMENT THEM AS APPROPRIATE IN
A MANNER CONSISTENT WITH THE REQUIREMENTS OF THIS SECTION.
(E) THE COMMITTEE SHALL ESTABLISH SPECIFIC GOALS TO ACHIEVE REASONABLE
REDUCTIONS IN THE AMOUNT OF SOLID WASTE GENERATED AND PAPER CONSUMED
ANNUALLY BY STATE AGENCIES AND PUBLIC AUTHORITIES. THE COMMITTEE SHALL
ALSO DEVELOP AND IMPLEMENT STRATEGIES TO ASSIST STATE AGENCIES AND
PUBLIC AUTHORITIES TO ACHIEVE SUCH REDUCTION GOALS.
3. (A) EACH STATE AGENCY AND PUBLIC AUTHORITY SHALL DEVELOP AND IMPLE-
MENT A SUSTAINABILITY AND ENVIRONMENTAL STEWARDSHIP PROGRAM, WHICH SHALL
INCLUDE:
(I) SPECIFIC PROJECTS, PROGRAMS AND POLICIES DESIGNED TO ACHIEVE
COMPLIANCE WITH THE REQUIREMENTS OF THIS SECTION; AND
(II) SPECIFIC PROJECTS, PROGRAMS AND POLICIES DESIGNED TO REDUCE THE
PUBLIC HEALTH AND ENVIRONMENTAL IMPACTS OF THE ACTIVITIES AND OPERATIONS
OF THE AGENCY OR AUTHORITY, INCLUDING: (1) THE REDUCTION OR ELIMINATION
OF THE USE AND GENERATION OF TOXIC SUBSTANCES, POLLUTION AND WASTE; (2)
THE REDUCTION, REUSE, RECYCLING AND COMPOSTING OF SOLID WASTE; (3)
S. 5180 3
INCREASING ENERGY EFFICIENCY; (4) INCREASING THE USE OF RENEWABLE ENERGY
SOURCES; (5) CONSERVING WATER AND OTHER NATURAL RESOURCES; AND (6) MAXI-
MIZING THE USE OF ENVIRONMENTALLY PREFERABLE OR GREEN COMMODITIES,
SERVICES AND TECHNOLOGY.
(B) COMMENCING NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-FOUR, ALL
COPY PAPER, JANITORIAL PAPER AND OTHER PAPER SUPPLIES PURCHASED BY EACH
STATE AGENCY OR PUBLIC AUTHORITY SHALL BE COMPOSED OF ONE HUNDRED
PERCENT POST-CONSUMER RECYCLED CONTENT TO THE MAXIMUM EXTENT PRACTICA-
BLE, AND ALL COPY AND JANITORIAL PAPER SHALL BE PROCESS CHLORINE-FREE TO
THE EXTENT PRACTICABLE, UNLESS SUCH PRODUCTS DO NOT MEET REQUIRED FORM,
FUNCTION OR UTILITY, OR THE COST OF THE PRODUCT IS NOT COMPETITIVE.
(C) COMMENCING NO LATER THAN JULY FIRST, TWO THOUSAND TWENTY-FOUR, ALL
STATE AGENCY AND PUBLIC AUTHORITY PUBLICATIONS SHALL BE PRINTED ON ONE
HUNDRED PERCENT POST-CONSUMER RECYCLED CONTENT PAPER. WHERE PAPER WITH
ONE HUNDRED PERCENT POST-CONSUMER RECYCLED CONTENT IS NOT AVAILABLE, OR
DOES NOT MEET REQUIRED FORM, FUNCTION AND UTILITY, PAPER PROCUREMENTS
SHALL USE POST-CONSUMER RECYCLED CONTENT TO THE EXTENT PRACTICABLE.
NON-RECYCLED CONTENT SHALL BE DERIVED FROM A SUSTAINABLY-MANAGED RENEWA-
BLE RESOURCE TO THE EXTENT PRACTICABLE, UNLESS THE COST OF THE PRODUCT
IS NOT COMPETITIVE.
(D) STATE AGENCIES AND PUBLIC AUTHORITIES SHALL RELY ON AND USE THE
PROCUREMENT LISTS AND SPECIFICATIONS ISSUED BY THE COMMITTEE WHEN DEVEL-
OPING NEW SOLICITATIONS AND CONTRACTS FOR THE PROCUREMENT OF COMMOD-
ITIES, SERVICES AND TECHNOLOGY, AND FOR THE PROCUREMENT OF COMMODITIES,
SERVICES AND TECHNOLOGY UNDER EXISTING CONTRACTS, UNLESS THE HEAD OF THE
AGENCY OR AUTHORITY DETERMINES: (I) THAT SUCH COMMODITIES, SERVICES OR
TECHNOLOGY WILL NOT MEET REQUIRED FORM, FUNCTION OR UTILITY; (II) THE
COST OF THE COMMODITIES, SERVICES OR TECHNOLOGY IS NOT COMPETITIVE; OR
(III) THERE IS AN EMERGENCY OR OTHER COMPELLING PUBLIC HEALTH OR SAFETY
REASON NOT TO PURCHASE SUCH COMMODITIES, SERVICES OR TECHNOLOGY. SUCH
FORM, FUNCTION, UTILITY OR OTHER DETERMINATION SHALL BE PRESENTED IN THE
PROCUREMENT RECORD, AND NOTICE OF THE DETERMINATION SHALL BE PROVIDED TO
THE COMMITTEE CHAIRS.
(E) ALL STATE AGENCIES AND PUBLIC AUTHORITIES SHALL, TO THE EXTENT
PRACTICABLE: (I) IMPLEMENT EFFECTIVE PROGRAMS TO SOURCE SEPARATE RECYCL-
ABLE MATERIALS, INCLUDING PAPER, METAL, GLASS AND PLASTIC, THAT WILL
MAXIMIZE MATERIALS RECOVERY; (II) IMPLEMENT EFFECTIVE PROGRAMS TO REDUCE
WASTE; (III) USE LOCALLY AVAILABLE COMPOST, MULCH AND SOIL AMENDMENTS
PRODUCED FROM SECONDARY MATERIALS; AND (IV) UTILIZE SECONDARY MATERIALS
IN CONSTRUCTION.
4. (A) STATE AGENCIES AND PUBLIC AUTHORITIES, NO LATER THAN SEPTEMBER
FIRST, TWO THOUSAND TWENTY-FOUR, SHALL ASSIGN AN EMPLOYEE TO SERVE AS A
SUSTAINABILITY AND GREEN PROCUREMENT COORDINATOR. COORDINATORS SHALL BE
GIVEN FULL MANAGEMENT SUPPORT AND PROVIDED WITH THE NECESSARY RESOURCES
TO ENABLE THE AGENCY OR AUTHORITY TO COMPLY WITH THIS ORDER.
(B) THE COMMITTEE SHALL DESIGN AND IMPLEMENT TRAINING AND OUTREACH
PROGRAMS FOR COORDINATORS AND ASSIST THEM WITH THE TRAINING OF APPROPRI-
ATE STAFF, VENDORS AND CONTRACTORS.
(C) THE COMMISSIONER, NO LATER THAN SEPTEMBER FIRST, TWO THOUSAND
TWENTY-FOUR, SHALL SELECT AN EMPLOYEE TO SERVE AS DIRECTOR OF GREEN
PROCUREMENT, WHO SHALL ASSIST THE COMMISSIONER IN CARRYING OUT HIS OR
HER DUTIES UNDER THIS SECTION.
(D) THE OFFICE OF GENERAL SERVICES, THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION, THE ENVIRONMENTAL FACILITIES CORPORATION, AND THE NEW YORK
STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY ARE AUTHORIZED TO ASSIST
STATE AGENCIES AND PUBLIC AUTHORITIES IN COMPLYING WITH THIS SECTION,
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INCLUDING THROUGH THE DEVELOPMENT AND IMPLEMENTATION OF SUSTAINABILITY
AND ENVIRONMENTAL STEWARDSHIP PROGRAMS.
5. (A) THE COMMITTEE, NO LATER THAN DECEMBER FIRST, TWO THOUSAND TWEN-
TY-FOUR, SHALL DEVELOP A FORMAT FOR A PROGRESS REPORT TO BE USED BY
STATE AGENCIES AND PUBLIC AUTHORITIES TO INFORM THE COMMITTEE OF: (I)
THE PROGRESS EACH AGENCY AND PUBLIC AUTHORITY HAS MADE TOWARD ACHIEVING
THE GOALS DESCRIBED IN OR ESTABLISHED PURSUANT TO THIS SECTION; (II) THE
EFFECTIVENESS OF THE PROCUREMENT LISTS AND SPECIFICATIONS; AND (III) THE
SPECIFIC SUSTAINABILITY PROJECTS THAT HAVE BEEN IMPLEMENTED AND THE
EFFECTIVENESS OF SUCH PROGRAMS.
(B) EACH STATE AGENCY AND PUBLIC AUTHORITY, NO LATER THAN MARCH FIRST,
TWO THOUSAND TWENTY-FIVE, AND ON MARCH FIRST EACH YEAR THEREAFTER, SHALL
SUBMIT A PROGRESS REPORT TO THE COMMITTEE IN THE FORM AND CONTAINING THE
INFORMATION SPECIFIED BY THE COMMITTEE. AT A MINIMUM, SUCH REPORT SHALL
DESCRIBE THE AGENCY OR PUBLIC AUTHORITY'S EFFORTS REGARDING WASTE
REDUCTION AND RECYCLING ACTIVITIES, RECYCLED PRODUCTS PROCUREMENT, QUAN-
TITIES OF WASTE GENERATED AND MATERIALS RECYCLED, INCENTIVES AND DISIN-
CENTIVES TO WASTE REDUCTION AND RECYCLING, AND RECOMMENDATIONS FOR ADDI-
TIONAL MEASURES TO ENCOURAGE EFFICIENT USE OF THE STATE'S RESOURCES.
(C) THE COMMITTEE, ON OR BEFORE JUNE FIRST, TWO THOUSAND TWENTY-FIVE,
AND ON JUNE FIRST EACH YEAR THEREAFTER, SHALL SUBMIT A REPORT TO THE
GOVERNOR, THE SPEAKER OF THE ASSEMBLY, AND THE TEMPORARY PRESIDENT OF
THE SENATE WHICH SHALL COMPILE THE INFORMATION SUBMITTED BY STATE AGEN-
CIES AND PUBLIC AUTHORITIES PURSUANT TO THIS SUBDIVISION AND REPORT ON
PROGRESS MADE ON THE IMPLEMENTATION OF THIS SECTION.
6. THERE IS HEREBY ESTABLISHED A SUSTAINABILITY AND GREEN PROCUREMENT
ADVISORY COUNCIL, WHICH SHALL CONSIST OF ELEVEN MEMBERS, FIVE APPOINTED
BY THE GOVERNOR, THREE APPOINTED BY THE SPEAKER OF THE ASSEMBLY, AND
THREE APPOINTED BY THE TEMPORARY PRESIDENT OF THE SENATE WHO HAVE EXPE-
RIENCE IN THE FIELDS OF GREEN PROCUREMENT, PUBLIC HEALTH, WASTE
PREVENTION AND RECYCLING, ENERGY EFFICIENCY, WORKPLACE SAFETY, LABOR
RELATIONS, ENVIRONMENTAL PROTECTION, ENVIRONMENTAL JUSTICE, OR CHEMICAL
MANUFACTURING. THE GOVERNOR SHALL SELECT A CHAIR OF THE COUNCIL FROM
AMONG ITS MEMBERS. THE COUNCIL SHALL MEET AT THE TIMES REQUESTED BY THE
COMMITTEE AND PROVIDE SUCH ADVICE AND ASSISTANCE AS THE COMMITTEE MAY
REQUIRE.
§ 3. This act shall take effect immediately.
