Expands the products which may be purchased for public use by including renewable energy resources; further increases the cost premium percentage of a product deemed reasonably competitive.
STATE OF NEW YORK
________________________________________________________________________
1000
2009-2010 Regular Sessions
IN SENATE
January 22, 2009
___________
Introduced by Sen. MARCELLINO -- read twice and ordered printed, and
when printed to be committed to the Committee on Environmental Conser-
vation
AN ACT to amend the environmental conservation law and the general
municipal law, in relation to permitting the purchase of renewable
energy sources in the awarding of public contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 1 of section 3-0301 of the environmental
2 conservation law is amended by adding a new paragraph oo to read as
3 follows:
4 oo. Encourage officers, boards and agencies of political subdivisions
5 to use renewable energy sources when purchasing products for public use;
6 § 2. Section 104-a of the general municipal law, as amended by chapter
7 468 of the laws of 1994, is amended to read as follows:
8 § 104-a. Purchasing of products for public use. 1. Notwithstanding
9 the provisions of section one hundred three of this [chapter] article,
10 when purchasing products the officer, board or agency of any political
11 subdivision or of any district therein charged with the awarding of
12 public contracts may, wherever renewable energy resources or recycled
13 products meet contract specifications and the price of such products is
14 reasonably competitive, purchase such products. For the purpose of this
15 section [and until July first, nineteen hundred ninety-six, "recycled
16 product" shall mean any product which has been manufactured from second-
17 ary materials, as defined in subdivision one of section two hundred
18 sixty-one of the economic development law, and meets secondary material
19 content requirements adopted by the office of general services under
20 subdivision one of section one hundred seventy-seven of the state
21 finance law for products available to the political subdivision or
22 district under state contract or, if no such contract for such product
23 is available, any product which meets the secondary material content
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04645-03-9
S. 1000 2
1 requirements adopted by the political subdivision or district thereof
2 with respect to a specific commodity procurement by such entity. On and
3 after July first, nineteen hundred ninety-six,]:
4 (a) "recycled product" shall mean[, for the purposes of this section,]
5 any product which is manufactured from secondary materials, as defined
6 in subdivision one of section two hundred sixty-one of the economic
7 development law, and which meets the requirements of subdivision two of
8 section 27-0717 of the environmental conservation law and regulations
9 promulgated pursuant thereto[. For the purpose of this section,];
10 (b) "renewable energy resources" shall include sources that are capa-
11 ble of being continuously restored by natural or other means or are so
12 large as to be useable for centuries without significant depletion and
13 include solar, wind, photovoltaics, methane waste, tidal, geothermal,
14 and fuel cell technologies; and
15 (c) "reasonably competitive" shall mean:
16 (i) that the cost of the recycled product does not exceed a cost
17 premium of ten percent above the cost of a comparable product that is
18 not a recycled product or, if at least fifty percent of the secondary
19 materials utilized in the manufacture of that product are generated from
20 the waste stream in New York state, the cost of the recycled product
21 does not exceed a cost premium of fifteen percent above the cost of a
22 comparable product that is not a recycled product; or
23 (ii) that the cost of the renewable energy resource does not exceed a
24 cost premium of fifteen percent above the cost of a comparable product
25 that is not a renewable energy resource.
26 2. Whenever such officer, board or agency shall purchase or cause the
27 purchase of printing on recycled paper pursuant to this section, he or
28 she shall require the printed material to contain the official state
29 recycling emblem established pursuant to subdivision two of section
30 27-0717 of the environmental conservation law and regulations promulgat-
31 ed pursuant thereto if such paper has been approved by the department of
32 environmental conservation as satisfying the requirements of such stat-
33 ute and regulations, or, if such paper has not been so approved, require
34 the printed material to include a printed statement which indicates the
35 percentages of pre-consumer and post-consumer recycled material content
36 of such paper.
37 § 3. This act shall take effect on the first of January next succeed-
38 ing the date on which it shall have become a law; provided, however,
39 that effective immediately, the addition, amendment and/or repeal of any
40 rule or regulation necessary for the implementation of this act on its
41 effective date are authorized and directed to be made and completed on
42 or before such effective date.
