S T A T E O F N E W Y O R K
________________________________________________________________________
8202--A
2025-2026 Regular Sessions
I N A S S E M B L Y
May 5, 2025
___________
Introduced by M. of A. EPSTEIN, LEVENBERG -- read once and referred to
the Committee on Governmental Operations -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the executive law, in relation to directing state agen-
cies to adopt an embodied carbon decarbonization program
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 170-j
to read as follows:
§ 170-J. EMBODIED CARBON DECARBONIZATION PROGRAM. 1. FOR THE PURPOSES
OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AFFECTED ENTITIES" SHALL MEAN ANY AGENCY OR DEPARTMENT OVER WHICH
THE GOVERNOR HAS EXECUTIVE AUTHORITY, INCLUDING ALL OFFICES AND DIVI-
SIONS THEREOF, AS WELL AS ALL PUBLIC AUTHORITIES FOR WHICH THE GOVERNOR
APPOINTS THE CHAIR, THE CHIEF EXECUTIVE, OR THE MAJORITY OF THE BOARD
MEMBERS, INCLUDING ALL OFFICES AND DIVISIONS THEREOF, EXCEPT FOR THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY. "AFFECTED ENTITIES" SHALL
ALSO INCLUDE THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY OF
NEW YORK;
(B) "COMMON CONSTRUCTION MATERIALS" SHALL MEAN:
(I) CONCRETE, INCLUDING READY MIX CONCRETE, SHOTCRETE, PRECAST
CONCRETE, AND CONCRETE MASONRY UNITS;
(II) ASPHALT PAVING MIXTURES;
(III) STEEL, INCLUDING REBAR, REINFORCING STEEL AND STRUCTURAL STEEL,
HOT-ROLLED SECTIONS, HOLLOW SECTIONS, PLATE STEEL AND COLD-FORMED STEEL;
(IV) ANY OTHER MATERIALS THE OFFICE OF GENERAL SERVICES DESIGNATES BY
RULE AND REVIEWS EVERY THREE YEARS;
(C) "NEW CONSTRUCTION" SHALL MEAN THE CONSTRUCTION OF A NEW BUILDING
THAT IS OCCUPIED DURING ALL FOUR SEASONS AND IS FIVE THOUSAND SQUARE
FEET OR LARGER; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11392-05-5
A. 8202--A 2
(D) "PRODUCT AND FACILITY-SPECIFIC ENVIRONMENTAL PRODUCT DECLARATIONS"
SHALL MEAN A TYPE III ENVIRONMENTAL PRODUCT DECLARATION, AS DEFINED BY
THE INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 8 STANDARD 14025,
REPRESENTING A SINGLE PRODUCT FROM A SINGLE MANUFACTURING FACILITY.
2. BEGINNING IN TWO THOUSAND TWENTY-SIX, THE OFFICE OF GENERAL
SERVICES SHALL CONTINUE TO ISSUE OPERATIONAL DIRECTIVES AND GUIDANCE FOR
COMMON CONSTRUCTION MATERIALS TO REDUCE THE AMOUNT OF EMBODIED CARBON IN
SUCH MATERIALS. AFFECTED ENTITIES SHALL SEEK TO REDUCE THE EMBODIED
CARBON IN ALL NEW CONSTRUCTION OR CONSTRUCTION PROJECTS CONSISTING OF
ADAPTIVE REUSE OR SIGNIFICANT RENOVATIONS THAT COST GREATER THAN ONE
MILLION DOLLARS, SUBMITTED FOR PERMITTING BY AFFECTED ENTITIES, BY
TAKING THE FOLLOWING ACTIONS:
(A) DESIGN TEAMS SHALL CALCULATE THE TOTAL EMBODIED CARBON THAT WILL
RESULT FROM THE PROJECT, INCLUDING SHIPPING, TRANSPORTATION, AND
CONSTRUCTION EQUIPMENT REQUIREMENTS;
(B) BIDDERS SHALL BE REQUIRED TO SUBMIT PRODUCT AND FACILITY-SPECIFIC
ENVIRONMENTAL PRODUCT DECLARATIONS, THAT INCLUDE THE AMOUNT OF EMBODIED
CARBON IN GIVEN BUILDING MATERIALS; AND
(C) PRODUCT- AND FACILITY-SPECIFIC ENVIRONMENTAL PRODUCT DECLARATIONS
FOR PRODUCTS SUBMITTED FOR BID AND INSTALLATION SHALL COMPLY WITH MAXI-
MUM GLOBAL WARMING POTENTIAL LIMITS DEFINED BY THE OFFICE OF GENERAL
SERVICES.
§ 2. This act shall take effect immediately.