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.