S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8000
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               May 15, 2025
                                ___________
 
 Introduced  by  Sen.  COMRIE -- 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 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
   (D) "PRODUCT AND FACILITY-SPECIFIC ENVIRONMENTAL PRODUCT DECLARATIONS"
 SHALL MEAN A TYPE III ENVIRONMENTAL PRODUCT DECLARATION, AS  DEFINED  BY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11392-06-5
              

 S. 8000                             2
 
 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.