STATE OF NEW YORK
________________________________________________________________________
542--A
Cal. No. 775
2021-2022 Regular Sessions
IN SENATE(Prefiled)
January 6, 2021
___________
Introduced by Sens. KAMINSKY, BENJAMIN, BIAGGI, GOUNARDES, HOYLMAN,
KAVANAGH, KRUEGER, MYRIE, RAMOS, REICHLIN-MELNICK, SALAZAR, SEPULVEDA
-- read twice and ordered printed, and when printed to be committed to
the Committee on Finance -- committee discharged and said bill commit-
ted to the Committee on Procurement and Contracts -- reported favora-
bly from said committee and committed to the Committee on Finance --
reported favorably from said committee, ordered to first and second
report, ordered to a third reading, amended and ordered reprinted,
retaining its place in the order of third reading
AN ACT to amend the state finance law, in relation to provisions in
state procurement contracts involving the use of low embodied carbon
concrete
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 136-d to read as follows:
3 § 136-d. Contracts involving low embodied carbon concrete. 1. Any
4 state agency contract for low embodied carbon concrete shall include
5 provisions regarding contractor, subcontractor and worker product
6 certification as follows:
7 (a) Contractors and subcontractors doing work involving low embodied
8 carbon concrete shall certify that all work completed meets the minimum
9 standards established under this section by the office of general
10 services.
11 (b) Contractors and subcontractors doing work involving low embodied
12 concrete shall certify that all procured low embodied carbon concrete
13 utilized on projects meets the minimum standards established under this
14 section by the office of general services.
15 2. Any certifications required by this section shall be kept current
16 for the duration of all contracts.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01244-19-1
S. 542--A 2
1 3. (a) The office of general services shall establish guidelines
2 requiring the procurement of low embodied carbon concrete on projects
3 deemed appropriate by such office. Such guidelines shall implement a
4 process with minimum standards for contractors and subcontractors to
5 file with the contracting agency upon completion of a project. When
6 establishing guidelines related to low embodied carbon concrete, the
7 office of general services shall consider industry standards and shall
8 consult with a stakeholder advisory group selected by the commissioner
9 of general services consisting of:
10 (i) two licensed professional engineers;
11 (ii) two licensed registered architects;
12 (iii) two representatives of the construction industry;
13 (iv) two representatives of the concrete testing and validation indus-
14 try;
15 (v) two representatives of an accredited school of civil engineering;
16 (vi) one representative from the New York State Energy Research and
17 Development Authority; and
18 (vii) one representative each from the department of transportation,
19 the department of state, and the department of environmental conserva-
20 tion.
21 (b) The office of general services shall consult with any relevant
22 associations that set industry standards for the procurement of low
23 embodied carbon concrete and shall consult with affected contractors
24 and subcontractors to consider environmental impact as well as the
25 impact on public health and safety.
26 4. The office of general services shall also examine the use of incen-
27 tives, including bid credits, related to bids within five percent of the
28 lowest price, to encourage the usage and innovation of low embodied
29 carbon concrete on state agency projects.
30 5. In addition, the office of general services shall also examine the
31 use of implementing standards for performance based specification,
32 including but not limited to requirements that a structural material
33 achieve specified performance based outcomes from the use of the struc-
34 tural material, including but not limited to, outcomes related to
35 strength, durability, permeability or other attributes related to the
36 function of the building material for applied uses, as opposed to
37 requiring that a structural material be produced using a specified
38 manufacturer process, design features, technologies, or proportion of
39 materials. The office of general services shall examine the use of
40 methods of compliance, including, but not limited to, maximum cement
41 content specifications and specifications based on maximum potential for
42 global warming.
43 6. The commissioner of general services, in consultation with the
44 department of transportation and the stakeholder advisory group estab-
45 lished in subdivision three of this section, shall examine the use of an
46 expedited product evaluation protocol for low embodied carbon concrete
47 products.
48 7. As used in this section, the term "state agency" shall mean the
49 same as defined in section one hundred sixty of this chapter.
50 8. The guidelines established pursuant to this section as well as any
51 recommendations for subsequent legislative action resulting from examin-
52 ing the use of incentives related to bid credits shall be submitted to
53 the governor, the temporary president of the senate and the speaker of
54 the assembly within thirty days of the issuance of such guidelines or
55 within one year from the effective date of this section, whichever may
56 come sooner.
S. 542--A 3
1 § 2. This act shall take effect on the one hundred eightieth day after
2 it shall have become a law and shall apply to any state contracting
3 opportunities advertised on or after such date and shall exclude
4 contracts for which an invitation for bid, request for proposal, or
5 similar solicitation has been issued prior to the effective date of this
6 act.
