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A06366 Summary:

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A06366 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6366--A
 
                               2011-2012 Regular Sessions
 
                   IN ASSEMBLY
 
                                     March 15, 2011
                                       ___________
 
        Introduced  by  M. of A. SWEENEY, DESTITO, GOTTFRIED, MILLMAN, DINOWITZ,
          ENGLEBRIGHT, JAFFEE, LUPARDO,  COLTON,  CAHILL,  ROSENTHAL,  KAVANAGH,
          SCHIMEL,  GALEF,  FARRELL,  PAULIN,  P. RIVERA,  ABINANTI,  BRONSON --
          Multi-Sponsored by -- M. of  A.  BOYLAND,  BRENNAN,  CASTELLI,  GLICK,
          HOOPER,  HOYT,  JACOBS,  LATIMER, PHEFFER, REILICH, WEINSTEIN, WEISEN-

          BERG, WRIGHT -- read once and referred to  the  Committee  on  Govern-
          mental  Operations  --  reported and referred to the Committee on Ways
          and Means -- committee discharged, bill amended, ordered reprinted  as
          amended and recommitted to said committee
 
        AN  ACT to amend the state finance law, the economic development law and
          the environmental conservation law, in relation to the state  procure-
          ment process and to healthy and green procurement
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. This act shall be known and may be cited as the  "New  York
     2  state healthy and green procurement act".
     3    §  2.  Legislative  findings  and  declaration. The legislature hereby
     4  finds and declares that:
     5    (a) As New York moves into the twenty-first century the  state  should

     6  serve  as  a  role  model  for practices that will create and maintain a
     7  healthy environment  and  vibrant  economy.  The  manufacture,  use  and
     8  disposal  of commodities and technologies, the construction of buildings
     9  and the provision of services utilizing toxic chemicals may have adverse
    10  impacts on public health and the environment.  Persistent,  bioaccumula-
    11  tive  toxic chemicals, such as mercury, lead, dioxin and poly brominated
    12  diphenyl ethers, are toxic in small amounts, remain in  the  environment
    13  for  long periods of time, and build to dangerous levels in humans, fish
    14  and other animals; and this group  of  pollutants  known  as  persistent
    15  bioaccumulative  toxic  chemicals  (PBT) pose risks to public health and
    16  the environment through their ability to cause cancer, birth defects and
    17  endocrine disruption. Such chemicals have  polluted  hundreds  of  water
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02915-05-1
        A. 6366--A                          2
 
     1  bodies,  fish  and  waterfowl in the state. These adverse impacts impose
     2  costs on the state and, ultimately, society as a whole in  the  form  of
     3  injury, disease and death; health care expenses; disposal, liability and
     4  cleanup costs; the waste of resources and raw materials; and an impaired
     5  natural environment.  PBT and cancer-causing chemicals may be found in a
     6  wide range of consumer products purchased by state agencies and authori-
     7  ties, including lighting supplies, computers and other office equipment,
     8  vehicles,  medical  equipment,  building  supplies  and  printing  inks.

     9  Encouraging innovation, and  creating  and  choosing  the  safest,  most
    10  sustainable commodities, services and technologies will help to ensure a
    11  higher  quality  of life for present and future generations. It will put
    12  New York businesses in an advantageous position to compete in the global
    13  marketplace.
    14    (b) New York looks forward to the  time  when  the  state's  power  is
    15  generated  from  renewable  and  clean sources, when our homes, schools,
    16  businesses  and  government  facilities   are   energy   efficient   and
    17  constructed, refurbished and maintained using healthy and green products
    18  and  practices,  when pollution prevention is embraced by government and
    19  businesses as a way to save money and  protect  public  health  and  the
    20  environment, when government and citizens use energy efficient and clean
    21  vehicles,  when pests are controlled with nontoxic or least toxic alter-

    22  natives, when our production of waste is significantly reduced  and  the
    23  rest is recycled, and when our homes, schools, workplaces, food, air and
    24  water are free from toxic contaminants.
    25    (c)  Protecting  public  health and the environment is consistent with
    26  the traditional considerations associated with state  procurement  prac-
    27  tice,  including lowest price, best value, quality, cost and efficiency.
    28  Determining quality, value and efficiency should include  the  consider-
    29  ation  of  public  health  and  environmental  impacts. Considering such
    30  impacts early in the  procurement  process  and  adopting  an  ethic  of
    31  pollution  prevention  will not only reduce pollution and waste, it will
    32  reduce costs throughout a commodity, service or technology's life cycle.
    33    (d) Through the volume of government procurement, government can  play

    34  a  significant role in spurring private sector development of high value
    35  commodities and services.  This,  in  turn,  will  create  business  and
    36  employment  opportunities  in  New  York  state,  foster competition and
    37  harness the energy of the market to produce products and  services  that
    38  perform better and cost less. As supply increases, prices will decrease,
    39  and  high performance, healthy and green commodities, services and tech-
    40  nologies will become more affordable for all consumers.
    41    § 3. Subdivision 5 of section 160 of the state finance law,  as  added
    42  by chapter 83 of the laws of 1995, is amended to read as follows:
    43    5.  "Costs"  as  used  in  this  article shall be quantifiable and may
    44  include, without limitation, the price of  the  given  good  or  service
    45  being  purchased;  the administrative, training, storage, maintenance or

    46  other overhead associated with a given good or  service;  the  value  of
    47  warranties, delivery schedules, financing costs and foregone opportunity
    48  costs  associated  with  a  given good or service; and the life span and
    49  associated  life  cycle  costs  of  the  given  good  or  service  being
    50  purchased.  Life  cycle  costs may include, but shall not be limited to,
    51  costs or savings associated with raw materials, production,  manufactur-
    52  ing,  construction,  packaging,  distribution,  use, energy use, mainte-
    53  nance, operation, and salvage or disposal, and, if such  information  is
    54  readily  available,  any  indirect associated public health and environ-
    55  mental costs.
        A. 6366--A                          3
 

     1    § 4. Paragraph a of subdivision 1 of section 161 of the state  finance
     2  law,  as  amended by chapter 175 of the laws of 2010, is amended to read
     3  as follows:
     4    a.  The state procurement council shall continuously strive to improve
     5  the state's procurement process.  Such council shall consist of [twenty]
     6  twenty-four members, including the commissioner, the state  comptroller,
     7  the  director  of  the  budget,  the  chief diversity officer [and], the
     8  commissioner of economic development, the commissioner  of  health,  and
     9  the  commissioner  of  environmental  conservation,  or their respective
    10  designees; [seven] five members who shall be the heads  of  other  large
    11  and  small  state  agencies  chosen by the governor, or their respective

    12  designees; and [eight] twelve at large  members  appointed  as  follows:
    13  [three]  five appointed by the temporary president of the senate, one of
    14  whom shall be a representative of local government [and],  one  of  whom
    15  shall be a representative of private business and one of whom shall be a
    16  representative  of  an organization whose prime function is the enhance-
    17  ment of public health or the environment; [three] five appointed by  the
    18  speaker  of the assembly, one of whom shall be a representative of local
    19  government [and], one of whom shall be a representative of private busi-
    20  ness and one of whom shall be a representative of an organization  whose

    21  prime  function  is the enhancement of public health or the environment;
    22  one appointed by the minority leader of the senate; and,  one  appointed
    23  by  the  minority  leader  of the assembly; and two non-voting observers
    24  appointed as follows: one appointed by the temporary  president  of  the
    25  senate  and one appointed by the speaker of the assembly. The non-voting
    26  observers shall be provided, contemporaneously,  all  documentation  and
    27  materials  distributed  to  members. The council shall be chaired by the
    28  commissioner and shall meet at least quarterly.
    29    § 5. The state finance law is amended by adding a new section 164-a to
    30  read as follows:
    31    § 164-a. Healthy and green procurement.  1. Healthy and green procure-
    32  ment policy. It is hereby declared to be the policy of the state to  the

    33  extent  practicable  to  purchase commodities, services and technologies
    34  that minimize potential adverse impacts on public health and  the  envi-
    35  ronment  when compared with competing commodities, services or technolo-
    36  gies that serve the same purpose.
    37    2. Definitions. For the purposes of this section, the following  terms
    38  shall have the following meanings unless otherwise specified:
    39    a.  "Pollution  prevention" shall mean pollution prevention as defined
    40  in article twenty-eight of the environmental conservation law.
    41    b. "Priority toxic substances of concern" shall include,  but  not  be
    42  limited  to,  any  substance  listed as known to be or reasonably antic-
    43  ipated, pursuant to the National Toxicology Program report  on  carcino-

    44  gens,  to  be  a  human  carcinogen in the national toxicology program's
    45  biennial report on carcinogens submitted to the United  States  Congress
    46  by the secretary of health and human services; and any substance identi-
    47  fied  as  a  persistent  and/or bioaccumulative toxic substance on lists
    48  maintained by the United States environmental protection agency, includ-
    49  ing the national partnership for environmental priorities; or the inter-
    50  national joint commission created pursuant  to  the  Great  Lakes  water
    51  quality  agreement of 1978; and perfluorinated compounds, dioxin, bromi-
    52  nated flame  retardants  and  bisphenol  A  due  to  their  toxicity  in
    53  production, use and disposal.

    54    3. Minimum specifications for healthy and green procurement.  Consist-
    55  ent  with determinations of need required by subdivision five of section
    56  one hundred sixty-three of this article, all state agencies and authori-
        A. 6366--A                          4
 
     1  ties shall procure commodities, services and technologies that  meet  or
     2  exceed the following minimum specifications:
     3    a. Recycled content. All copy paper and other paper supplies for which
     4  the United States environmental protection agency has developed recycled
     5  content  recommendations  pursuant  to  section  six thousand two of the
     6  federal resource conservation and recovery act shall be required to meet

     7  or exceed the agency's minimum post-consumer material  content  percent-
     8  ages  recommended in the most recent recovered materials advisory notice
     9  issued for such commodity in the federal  register;  provided,  however,
    10  that  xerographic  paper shall contain no less than thirty percent post-
    11  consumer recycled content.  All copy and janitorial paper shall be proc-
    12  essed cholrine free to the extent practicable. All agencies and authori-
    13  ties shall print publications on recycled paper, and minimum percentages
    14  shall be met unless costs for such paper exceed the cost of other avail-
    15  able commodities by more than ten percent.
    16    b. Waste reduction. Agencies and  authorities  shall  seek  to  reduce

    17  waste  in  products and packaging, including the formulation of policies
    18  to promote the use of double-sided copying and printing to the  greatest
    19  extent  practicable.    Agencies and authorities shall favor durability,
    20  repairability and reuse when purchasing supplies. The commissioner shall
    21  establish minimum  specifications  for  waste  reduction  within  twelve
    22  months of the effective date of this section.
    23    c.  Energy  efficiency.  All  commodities for which the federal energy
    24  management program of the United States department of energy has  issued
    25  product  energy  efficiency  recommendations  shall  meet or exceed such
    26  recommendations.    Agencies  and  authorities  shall  seek  to  achieve

    27  reductions  in  energy  and petroleum consumption; adhere to energy star
    28  building criteria; seek out office space and real estate investments  in
    29  buildings with energy star rating; and follow the public service commis-
    30  sion's  renewable portfolio standard to increase the purchase of renewa-
    31  ble energy so that at least twenty-five percent of  the  overall  annual
    32  electric  energy  requirements of buildings owned, leased or operated by
    33  state agencies and authorities will be renewable energy by two  thousand
    34  fifteen.
    35    d.   Green   buildings.   All   capital  projects  with  an  estimated
    36  construction cost of two million  dollars  or  more  involving  (1)  the
    37  construction of a new building, (2) an addition to an existing building,

    38  or  (3)  the substantial reconstruction of an existing building shall be
    39  designated and constructed to comply with building  standards  not  less
    40  stringent  than  the  standards  prescribed  by  the United States green
    41  building council leadership in energy and  environmental  design  silver
    42  rating and standards set forth in the definition of a "green base build-
    43  ing" as defined in section nineteen of the tax law, or any portion ther-
    44  eof, any modification of or amendments thereto, and to utilize materials
    45  which do not contain polyvinyl chloride to the greatest extent practica-
    46  ble.  In addition, all state-owned and operated buildings of fifty thou-
    47  sand  square feet or larger shall be operated to meet such standards for

    48  existing buildings to the maximum extent practicable that is cost effec-
    49  tive by not later than two thousand fourteen.
    50    4. Specifications to incorporate healthy and green  procurement.    a.
    51  Beginning  one  year after the effective date of this section, all state
    52  agencies and authorities, when procuring commodities, services or  tech-
    53  nology  pursuant  to  section  one  hundred sixty-three of this article,
    54  shall follow practices and develop solicitation specifications that meet
    55  or exceed the minimum specifications for healthy and  green  procurement
    56  established  in  subdivision  three  of this section. All such contracts
        A. 6366--A                          5
 

     1  shall include a statement describing  how  such  minimum  specifications
     2  were met.
     3    b.  In  the  event  that  an  agency  or authority receives no bids or
     4  proposals that meet the specifications developed pursuant to paragraph a
     5  of this subdivision, such agency or authority may withdraw  the  request
     6  for  bids  or  proposals and begin a new procurement with new specifica-
     7  tions without such specifications and award  a  contract  in  accordance
     8  with  other  applicable  statutes; provided, however that such agency or
     9  authority shall document the reasons why such procurement does not  meet
    10  the minimum specifications for healthy and green procurement established
    11  in  this  subdivision  and submit such documentation to the commissioner

    12  for inclusion in the annual report required pursuant to this section and
    13  to the office of  the  comptroller  for  inclusion  in  the  procurement
    14  record.
    15    5. Balancing healthy and green procurement with price, lowest cost and
    16  best value.
    17    a.  Nothing  in  this  section shall be construed as requiring a state
    18  agency or authority to procure a commodity, service or  technology  that
    19  does  not meet the form, function and utility required by such agency or
    20  authority, or as requiring a state agency  or  authority  to  procure  a
    21  commodity,  service  or technology the cost of which exceeds the cost of
    22  an alternative available commodity or service by more than ten percent.

    23    b. When determining and comparing costs, state agencies  and  authori-
    24  ties shall consider cost as defined in section one hundred sixty of this
    25  article.
    26    6. Healthy and green procurement officer, coordinators.
    27    a.  Within  one  hundred  eighty  days  of  the effective date of this
    28  section, the commissioner shall assign an individual within  the  office
    29  of  general services to serve as the state healthy and green procurement
    30  officer.  Such officer shall assist the commissioner with  carrying  out
    31  his or her duties under this section, including but not limited to:
    32    (i)  assisting  the commissioner with the development and provision of
    33  guidance for healthy and green procurement pursuant to this section;

    34    (ii) the identification of at least  three  "priority  categories"  of
    35  commodities,  services  and/or  technologies  annually  pursuant to this
    36  section;
    37    (iii) the development of criteria for the evaluation  of  commodities,
    38  services and/or technologies within targeted categories;
    39    (iv) the creation of approved healthy and green supplies lists;
    40    (v)  the  evaluation  of current state agency or authority procurement
    41  practices and the tracking of progress in implementing the  healthy  and
    42  green  procurement  policy, including the integration of environmentally
    43  preferable purchasing and healthy and green supplies lists for  all  new
    44  purchasing of products, services and technologies in target categories;

    45    (vi) the development of the environmental audit program;
    46    (vii) consideration of additional priority toxic substances of concern
    47  as  recommended  by the department of environmental conservation and the
    48  department of health;
    49    (viii) the development of guidelines for public participation;
    50    (ix) the design and implementation of training, outreach and education
    51  programs;
    52    (x) develop metrics for measuring progress in implementing the healthy
    53  and green  procurement  policy,  criteria  and  minimum  specifications,
    54  including  the  identification of milestones and quantifiable goals that
    55  can be used to measure such progress;
        A. 6366--A                          6
 

     1    (xi) the preparation and submittal of annual reports and the  perform-
     2  ance of a comprehensive five year review; and
     3    (xii)  advise the governor and the legislature regarding the implemen-
     4  tation of the healthy and green procurement policy.
     5    b. Within one hundred eighty  days  of  the  effective  date  of  this
     6  section,  each  state  agency or authority with one hundred employees or
     7  more shall assign an individual within such agency or authority to serve
     8  as the agency's or  authority's  sustainability  and  green  procurement
     9  coordinator.  The coordinator shall be given full management and support
    10  and be provided with the necessary resources to  enable  the  agency  or
    11  authority to comply with this section.

    12    7.  Priority  commodity, service and/or technology categories.  Within
    13  twelve months of the effective date of this section and annually  there-
    14  after,  the  commissioner,  in  consultation  with the state procurement
    15  council, shall identify a minimum  of  three  "priority  categories"  of
    16  commodities,  services  and/or  technologies,  which for the purposes of
    17  this chapter shall mean categories of commodities, services and/or tech-
    18  nologies procured by the state which  may  have  an  adverse  impact  on
    19  public health or the environment and for which healthy and green commod-
    20  ities, services or technologies should be identified and substituted.
    21    8.  Environmentally  preferable  purchasing  criteria  for healthy and

    22  green procurement. Within twelve months of the identification and recom-
    23  mendation of at least three "priority categories" pursuant  to  subdivi-
    24  sion  seven  of this section, the commissioner, in consultation with the
    25  state  procurement  council  shall  develop  environmentally  preferable
    26  purchasing  criteria  for  the  evaluation  and procurement of products,
    27  services  and/or  technologies  within  such  priority  categories.  The
    28  following  factors shall be considered in the development of such crite-
    29  ria:
    30    a. Protection of public health and the environment and  the  conserva-
    31  tion of natural resources;
    32    b.  The  protection  of drinking water, groundwater, surface water and

    33  air (including indoor air); and the protection of ecological systems;
    34    c. Pollution prevention, including, but not  limited  to,  considering
    35  healthy  and  green  procurement  during  the design phase of customized
    36  commodities, services or technologies;
    37    d. Avoidance of priority toxic substances;
    38    e. Positive life cycle attributes, including but not  limited  to  the
    39  minimization of potential adverse impacts on public health and the envi-
    40  ronment  associated with raw materials acquisition, production, manufac-
    41  turing, packaging, transportation, distribution, use, operation, mainte-
    42  nance and disposal;
    43    f. Minimizing the volume and toxicity of packaging; and

    44    g. Maximizing the use of recycled content and  sustainability  managed
    45  renewable resources.
    46    9. Healthy and green supply lists.
    47    a.  For  each  priority  commodity, service and/or technology category
    48  identified  and  recommended  pursuant  to  subdivision  seven  of  this
    49  section,  the  commissioner,  in consultation with the state procurement
    50  council, shall approve specific commodities, services  and/or  technolo-
    51  gies  as consistent with the healthy and green procurement policy, mini-
    52  mum specifications, and environmentally preferable  purchasing  criteria
    53  established  in  subdivisions one, three and eight of this section. Such
    54  commodity, service or technology shall then  be  added  to  an  approved

    55  healthy and green supply list for such category.
        A. 6366--A                          7
 
     1    b.  The commissioner shall create an approved healthy and green supply
     2  list pursuant to the requirements of the state administrative  procedure
     3  act,  for  a  priority  commodity, service and/or technology category no
     4  later than twelve months following the identification and recommendation
     5  of  such  category  pursuant  to  subdivision seven of this section, and
     6  shall review and revise approved lists annually.
     7    10. Procurement from healthy and green supply lists.  a. When  procur-
     8  ing  a  commodity,  service or technology within a priority category for
     9  which an approved healthy and green supply list has been created,  state

    10  agencies  and authorities shall procure such commodity, service or tech-
    11  nology from such list.
    12    b. When a state agency or authority  wants  to  procure  a  commodity,
    13  service  or  technology within a priority category for which an approved
    14  healthy and green supply list has  been  created,  but  such  commodity,
    15  service  or  technology  does  not  appear  on such list, such agency or
    16  authority must obtain a waiver from the requirements of this subdivision
    17  from the commissioner, provided, however, that such waiver shall not  be
    18  required  for  the purchase of commodities, services and/or technologies
    19  from the list available for purchase from preferred  sources  maintained
    20  by  the  commissioner  pursuant to section one hundred sixty-two of this

    21  article. An application for such  a  waiver  shall  be  filed  with  the
    22  commissioner,  who shall notify the public, provide for a public comment
    23  period, and render a written decision on such application within  forty-
    24  five  days.  A  waiver  may be granted when no commodity, service and/or
    25  technology on such approved  alternatives  list  meets  an  agency's  or
    26  authority's  performance  standards.  In  order  to obtain a waiver, the
    27  state agency or authority requesting the waiver must show that it has:
    28    (i) thoroughly tested each  commodity  or  technology,  or  thoroughly
    29  investigated each service, on the approved supply list and none meet the
    30  agency's or authority's performance standards;

    31    (ii) disclosed the use and intensity of use for the commodity, service
    32  or technology and developed a reasonable plan to minimize the use of the
    33  selected  commodity, service or technology and protect employees and the
    34  public from exposure to any priority toxic substance of concern; and
    35    (iii) prepared a plan to  investigate  alternatives  to  the  selected
    36  commodity, service or technology during the waiver period.
    37    c.  A  state  agency  or authority may procure a commodity, service or
    38  technology through a process that does not comply with this  subdivision
    39  when  the purchase of a commodity, service or technology is necessary to
    40  respond to  an  emergency  which  endangers  public  health  or  safety,

    41  provided  such agency or authority shall within seven business days file
    42  a written report with the commissioner  and  the  office  of  the  comp-
    43  troller,  which  shall become part of the procurement record. The report
    44  shall contain the following information:
    45    (i) a description of the emergency that prevented compliance with this
    46  subdivision;
    47    (ii) the name of the commodity or technology, or a description of  the
    48  service, its use and intensity of use;
    49    (iii)  a  description  of  the  steps  being taken to safeguard public
    50  health and safety during the emergency; and
    51    (iv) an explanation of how such an emergency can  be  avoided  in  the
    52  future.

    53    11.  Tracking of procurement practices and data.  Within twelve months
    54  of the effective date of this section, the commissioner, in consultation
    55  with the state procurement council, shall:
        A. 6366--A                          8
 
     1    a. review all procurement regulations, generic solicitation  language,
     2  specifications  and  procedures to ensure that they do not conflict with
     3  the healthy and green procurement  policy,  minimum  specifications  and
     4  criteria  established  pursuant  to subdivisions one, three and eight of
     5  this section.
     6    b.  develop  metrics and identification of milestones and quantifiable
     7  goals that can be used to measure progress in implementing  the  state's

     8  healthy and green procurement policy.
     9    c.  develop  an  efficient  and  practicable method for collecting and
    10  compiling procurement data from state agencies, including but not limit-
    11  ed to estimates of the volume spent,  quantity  purchased,  and  general
    12  purchasing  trends for commodities, services and technologies, including
    13  healthy and green commodities, services and technologies included in  an
    14  approved supply list or a centralized contract.
    15    12.  Training,  outreach and education.  a. With the assistance of the
    16  department of environmental conservation, the department of health,  and
    17  the office of the comptroller, the commissioner, within twelve months of
    18  the  effective  date of this section, shall design and begin implementa-

    19  tion of a healthy and green  procurement  training  program  for  senior
    20  managers,  state  agency  staff  and  public authority staff involved in
    21  procurement to familiarize them with their responsibilities  under  this
    22  section  and  ensure  the  effective and efficient implementation of the
    23  provisions of this section. Such program shall provide for new  employee
    24  training and ongoing training.
    25    b. With the assistance of the department of environmental conservation
    26  and  the  department of health, the commissioner, within eighteen months
    27  of the effective date of this section, shall:
    28    (i) design and begin implementation of a healthy and  green  education
    29  and  outreach  program  for  agency  and authority procurement staff, to

    30  ensure that all procurement staff are aware of  the  state's  preference
    31  for healthy and green commodities, services and technologies.
    32    (ii)  design  and  begin  implementation  of an education and outreach
    33  program for contractors and vendors to  provide  them  with  information
    34  about  the  development  of  healthy and green commodities, services and
    35  technologies and implementation of the provisions of this section.
    36    13. Annual report to the governor  and  legislature.  Within  eighteen
    37  months of the effective date of this section, and annually thereafter in
    38  June,  the  commissioner  shall submit a written report to the governor,
    39  the speaker of the assembly and the temporary president of  the  senate.
    40  Such report shall include:

    41    a. identification of the specific measures taken by state agencies and
    42  authorities, and an evaluation of the effectiveness of such measures, to
    43  implement  the  healthy and green procurement policy, including progress
    44  made toward the achievement of  any  milestones  or  quantifiable  goals
    45  identified  by  the  commissioner pursuant to subdivision eleven of this
    46  section and, to the extent practicable, a qualitative assessment of  the
    47  health and environmental benefits of the policy;
    48    b. evaluation of the resources available to implement such policy, and
    49  whether such resources are sufficient;
    50    c.  recommendations  for  legislation or any other specific actions or
    51  changes needed to effectively implement the provisions of this section;

    52    d. a list of priority commodity, service and/or technology  categories
    53  and  approved  healthy  and  green  supply  lists identified and created
    54  pursuant to subdivisions seven and nine of this section;
    55    e. a list of healthy and green commodities, services and  technologies
    56  available for purchase through centralized contracts;
        A. 6366--A                          9
 
     1    f. a compilation of procurement data collected using methods developed
     2  pursuant to subdivision eleven of this section;
     3    g.  additions to the list of priority toxic substances of concern made
     4  by the department of environmental conservation and  the  department  of
     5  health;

     6    h.  an  analysis  of  the  measures taken to train, educate and assist
     7  state agency and public authority staff, vendors and contractors; and
     8    i. a plan for the  next  reporting  period  that  identifies  specific
     9  goals,  actions  and  timelines  necessary  to implement the healthy and
    10  green procurement policy.
    11    § 6. Paragraphs b and h of subdivision 1 of section 261 of the econom-
    12  ic development law, paragraph b as amended by chapter 471 of the laws of
    13  1998, and paragraph h as amended by section 14 of part SS of chapter  59
    14  of  the laws of 2009, are amended and a new paragraph i is added to read
    15  as follows:
    16    b. "Eligible applicant" or "applicant" shall mean: a small  to  medium
    17  size  business  or  nonprofit  organization which employs less than five

    18  hundred workers or has gross annual  sales  of  less  than  ten  million
    19  dollars;  or any entity granted preferred source status for the purposes
    20  of state procurement pursuant to section one hundred  sixty-two  of  the
    21  state finance law.
    22    h.  "Eligible  project" shall mean actions taken by or on behalf of [a
    23  New York business] an  eligible  applicant  involving  the  acquisition,
    24  construction, alteration, repair or improvement of a building, fixtures,
    25  machinery  or equipment; the redesign, modification, upgrade or replace-
    26  ment of processes, procedures, work practices or technology; the  refor-
    27  mulation or redesign of products; or improvements in housekeeping, main-
    28  tenance,  training  or  inventory  control,  provided  that such project
    29  results in:

    30    (i) source reduction  or  material  substitution,  provided  that  the
    31  substitution  of  one  hazardous substance, product or nonproduct output
    32  for another does not result in the creation of a new risk,
    33    (ii) in-process recycling,
    34    (iii) recycling or reuse of non-hazardous solid wastes,
    35    (iv) increased energy efficiency,
    36    (v) conservation of the  use  of  water  or  other  natural  resources
    37  improvements in process economics,
    38    (vi) elimination of the purchase of materials, the production of which
    39  for the use of said firm would result in more waste or resource consump-
    40  tion, [or]
    41    (vii) the development, manufacture, production or provision of healthy
    42  and  green  commodities,  services or technologies as defined in section
    43  one hundred sixty-four-a of the state finance law, or

    44    (viii) other practices or technologies that reduce the use of  hazard-
    45  ous materials or otherwise improve air or water quality.
    46    The  term "eligible project" shall also include actions taken by or on
    47  behalf of a business to support costs of equipment, and/or the  acquisi-
    48  tion  and/or rehabilitation of real property or structures located or to
    49  be located in the state related to the collecting, sorting, and  packag-
    50  ing  of empty beverage containers as such terms are defined in title ten
    51  of article twenty-seven of the environmental  conservation  law.    Such
    52  actions shall be eligible for state assistance payments under the bever-
    53  age  container  assistance  program  pursuant  to section 27-1018 of the
    54  environmental conservation law.
    55    The term "eligible project" shall not include end  of  pipe  pollution

    56  control  technologies  or practices where such controls or practices are
        A. 6366--A                         10
 
     1  designed primarily to achieve compliance with the environmental  conser-
     2  vation law or regulations promulgated pursuant thereto, or energy recov-
     3  ery  or  incineration, or out-of-process recycling or reuse of hazardous
     4  waste or hazardous substances.
     5    i. "Healthy and green commodity, service or technology" shall mean any
     6  commodity,  service  or technology consistent with the healthy and green
     7  procurement policy, criteria and minimum specifications  established  in
     8  subdivisions  one, three and four of section one hundred sixty-four-a of
     9  the state finance law.
    10    § 7. Paragraphs c, d, e, f, g, h, i, l  and  o  of  subdivision  4  of

    11  section  261  of the economic development law, paragraphs c, d, e, f, g,
    12  h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
    13  as amended by chapter 180 of the laws of 2006, are amended  to  read  as
    14  follows:
    15    c.  maintain,  provide  and  market a compilation of existing programs
    16  providing incentives for new  or  expanded  business  enterprises  which
    17  could  be  utilized  by  the  secondary materials processing industry or
    18  which manufacture, produce or provide  healthy  and  green  commodities,
    19  services or technologies;
    20    d.  promote  the  utilization  of  such incentives for new or expanded
    21  business enterprises which process or  utilize  secondary  materials  or
    22  which  manufacture,  produce  or  provide healthy and green commodities,

    23  services or technologies to locate in New York state;
    24    e. promote incentives for existing businesses to expand their utiliza-
    25  tion of secondary materials [and], their adoption  of  waste  prevention
    26  technologies   and   practices   and   their  development,  manufacture,
    27  production and provision of healthy and green commodities,  services  or
    28  technologies;
    29    f.  identify special needs and problems facing the secondary materials
    30  processing industry [and], the implementation of  waste  prevention  and
    31  the  development,  manufacture,  production and provision of healthy and
    32  green commodities, services or technologies within New York state;
    33    g. contact institutions, organizations and commercial enterprises that

    34  are potential consumers of secondary materials and products manufactured
    35  with secondary materials or healthy and green commodities,  services  or
    36  technologies;  urging  their  expanded  consumption  of [secondary] such
    37  materials [and], products, commodities, services  and  technologies  and
    38  establishing  markets  for  such  [secondary] materials [and], products,
    39  commodities, services and technologies through the  use  of  letters  of
    40  intent  and such other techniques as the commissioner may deem appropri-
    41  ate;
    42    h. conduct market surveys of  the  potential  consumers  of  secondary
    43  materials  and  products  manufactured  with  secondary materials and of

    44  healthy and green commodities, services or technologies;
    45    i. conduct surveys to determine  the  potential  supply  of  secondary
    46  materials and healthy and green commodities, services or technologies in
    47  the state;
    48    l.  provide  information  concerning  local  and  regional markets for
    49  secondary materials and healthy and green commodities, services or tech-
    50  nologies;
    51    o. provide other technical assistance to assist businesses in reducing
    52  the amount of waste generated by their processes and productively use or
    53  provide for the productive use [of others] of wastes  which  are  gener-
    54  ated;
        A. 6366--A                         11
 
     1    §  8. Subdivision 5 of section 261 of the economic development law, as

     2  amended by chapter 471 of the laws  of  1998,  is  amended  to  read  as
     3  follows:
     4    5.  The department shall fund feasibility studies for testing of waste
     5  prevention technologies or practices [or both]  and  healthy  and  green
     6  commodities, services and technologies to reduce the amount of waste and
     7  to  promote  energy  and resource conservation by the adoption or use of
     8  such technologies [or], practices, commodities and services by small and
     9  medium sized firms in New York state.
    10    § 9. Subdivision 10 of section 261 of the economic development law, as
    11  amended by chapter 471 of the laws  of  1998,  is  amended  to  read  as
    12  follows:
    13    10.  Technical  feasibility  study.  The  department shall require the
    14  applicant to submit a technical feasibility study which  identifies  and

    15  analyzes  in  detail  the  waste prevention projects which the applicant
    16  wishes to implement. All feasibility studies must include  the  cost  of
    17  implementation,  a  construction  schedule and, a description of how the
    18  project will minimize, reduce or eliminate the generation of wastes, use
    19  or reuse wastes,  increase  energy  efficiency  or  water  conservation,
    20  increase  the  manufacture,  production, provision or use of healthy and
    21  green commodities, services or technologies, improve air or water quali-
    22  ty and/or improve process economics.
    23    § 10. Subdivision 14 of section 261 of the economic  development  law,
    24  as  amended  by  chapter  524 of the laws of 2005, is amended to read as
    25  follows:
    26    14. Reports. Beginning on January first, nineteen hundred eighty-nine,
    27  the commissioner shall make an annual report to  the  governor  and  the

    28  legislature  which shall include, at a minimum, the status of the activ-
    29  ities undertaken pursuant to paragraphs a, c, d, e, f, i,  j  and  k  of
    30  subdivision  four  of  this  section, the status of any other activities
    31  undertaken pursuant to this article, and recommendations for programs or
    32  policies that will further the objectives of expanding  the  utilization
    33  of  secondary  materials recovered for reuse increasing waste prevention
    34  and  source  reduction,  and  increasing  the  manufacture,  production,
    35  provision  and  use of healthy and green commodities, services and tech-
    36  nologies within the state. The provisions of this subdivision shall  not
    37  be  deemed to require or authorize the disclosure of confidential infor-
    38  mation or trade secrets.   This report  may  be  consolidated  with  the

    39  report  required  by subdivision four of section two hundred sixty-three
    40  of this article.
    41    § 11. The opening paragraph of subdivision 1 of section 3-0311 of  the
    42  environmental conservation law, as amended by chapter 741 of the laws of
    43  1991, is amended to read as follows:
    44    Each  state agency or authority as defined in subdivision five of this
    45  section shall annually audit the environmental problems created  by  its
    46  operations  or  the operations of contractors it has hired and over whom
    47  it has exercised or is required to exercise direct oversight, acting  in
    48  fulfillment  of their contracts. Such audit shall identify the extent to
    49  which these operations are in violation of this chapter, or  regulations
    50  adopted  thereunder.    Such audit also shall evaluate the environmental

    51  problems created by the agency's or authority's procurement  of  commod-
    52  ities,  its  energy  use, waste production, water and paper use, and the
    53  use of any toxic materials of  products  reasonably  anticipated  to  be
    54  carcinogens.  Each  such state agency or authority shall submit a report
    55  to the department on or before April first  of  each  year.  The  report
    56  shall:
        A. 6366--A                         12
 
     1    §  12.  This  act  shall  take effect on the one hundred eightieth day
     2  after it shall have become a law and shall apply only to state  procure-
     3  ment  contracts  where the request for proposals or the request for bids
     4  was issued after the effective date of this act; provided, however, that
     5  effective immediately, the addition, amendment and/or repeal of any rule

     6  or regulation necessary for the implementation of this act on its effec-
     7  tive  date  are  authorized  and directed to be made and completed on or
     8  before such effective date.