S01471 Summary:

BILL NOS01471A
 
SAME ASSAME AS A04640-A
 
SPONSORPARKER
 
COSPNSRADDABBO, LATIMER, MONTGOMERY, SAMPSON, STAVISKY, TKACZYK
 
MLTSPNSR
 
Amd S409, add S409-l, Ed L; amd S163, St Fin L
 
Requires the commissioner of education and the commissioner of general services to promulgate standards for the procurement and use of environmentally sensitive commodities and services for schools and boards of cooperative educational services; provides that these provisions shall be applicable to all school districts and boards of cooperative educational services.
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S01471 Actions:

BILL NOS01471A
 
01/09/2013REFERRED TO EDUCATION
01/08/2014REFERRED TO EDUCATION
01/29/2014AMEND AND RECOMMIT TO EDUCATION
01/29/2014PRINT NUMBER 1471A
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S01471 Floor Votes:

There are no votes for this bill in this legislative session.
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S01471 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         1471--A
 
                               2013-2014 Regular Sessions
 
                    IN SENATE
 
                                       (Prefiled)
 
                                     January 9, 2013
                                       ___________
 
        Introduced  by  Sens.  PARKER,  ADDABBO,  LATIMER,  MONTGOMERY, SAMPSON,
          STAVISKY, TKACZYK -- read twice and ordered printed, and when  printed
          to  be  committed  to the Committee on Education -- recommitted to the
          Committee on Education in accordance with Senate Rule  6,  sec.  8  --

          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee
 
        AN ACT to amend the education law and the state finance law, in relation
          to the procurement and use of  environmentally  sensitive  commodities
          and services
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative intent. The legislature finds and declares that
     2  it shall be the policy of the state of New York to provide  every  child
     3  with  an  environmentally safe and healthy learning environment in which
     4  to grow, learn and mature into productive and healthy adults. The legis-
     5  lature further finds that schools are major consumers and  disposers  of
     6  supplies and materials, and that schools should serve as role models for

     7  environmentally responsible behavior with regard to energy conservation,
     8  reduced consumption and disposal of toxic and hazardous materials. Chil-
     9  dren are uniquely vulnerable to and may be severely affected by exposure
    10  to  chemicals,  hazardous  wastes and other environmental hazards, which
    11  affect  their  learning  abilities  as  well  as  create  chemical-based
    12  responses and sensitivities. When health threats are caused by the pres-
    13  ence of toxic materials, the cost to individual school districts and the
    14  state  are  enormous  in  terms of staff time and effort, cleanup costs,
    15  school closing and liability. Therefore, to provide a safe  and  healthy
    16  environment  for  our  children  in  school,  the legislature finds that
    17  school districts should be informed of  and  consider  the  purchase  of
    18  environmentally  sensitive  products  and services. It is the purpose of
 

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD02895-02-4

        S. 1471--A                          2
 
     1  this legislation to reduce as much as possible toxic exposures for chil-
     2  dren and school staff.
     3    §  2. Subdivision 1 of section 409 of the education law, as amended by
     4  section 4 of part L of chapter 405 of the laws of 1999,  is  amended  to
     5  read as follows:
     6    1.  All  school buildings of common, union free, central, central high
     7  school and city school districts other than  city  school  districts  of
     8  cities  having  one hundred twenty-five thousand inhabitants or more and
     9  boards of cooperative educational services shall comply with such  regu-

    10  lations  as  the  commissioner  shall  adopt  from  time to time for the
    11  purpose of insuring the  health  and  safety  of  pupils  and  staff  in
    12  relation  to  proper  heating,  lighting,  ventilation,  sanitation  and
    13  health, fire and accident protection, except that section  four  hundred
    14  nine-l  of  this  article shall apply to all school districts, including
    15  city school districts of cities having one hundred twenty-five  thousand
    16  inhabitants or more and to boards of cooperative educational services.
    17    §  3.  The  education  law is amended by adding a new section 409-l to
    18  read as follows:
    19    § 409-l. Procurement and use of environmentally sensitive  commodities
    20  and  services.  1.  For the purposes of this section the following terms
    21  shall mean:

    22    (a) "Environmentally sensitive commodities and services"  means  those
    23  commodities  and  services  that  minimize adverse impacts on children's
    24  health and the environment as determined by the commissioner of  general
    25  services.
    26    (b)  "Commodity"  or  "commodities"  means  material, goods, supplies,
    27  products, construction items and other  standard  articles  of  commerce
    28  other  than  technology and excluding contracts for state printing which
    29  are the subject of any purchase or other exchange.
    30    (c)  "Construction  item"  means  any  item  or   material   used   in
    31  construction  and  which  is  procured  directly by a school district or
    32  board of cooperative educational services or by a person under  contract

    33  by a school district or board of cooperative educational services.
    34    (d)  "Service"  or  "services" means, except with respect to contracts
    35  for state printing, the performance of a task or tasks and may include a
    36  material good or a quantity of material goods, and which is  subject  of
    37  any  purchase or other exchange. For the purposes of this section, tech-
    38  nology shall be deemed a service.
    39    2. The commissioner of general  services,  in  consultation  with  the
    40  commissioner  and the commissioners of health and labor, shall establish
    41  and from time to time amend guidelines and specifications  for  environ-
    42  mentally  sensitive  commodities  and  services  for  use in elementary,
    43  secondary and vocational school buildings; for school or  school-related

    44  activities  on school properties; and for use in the construction, reno-
    45  vation or repair of such school buildings and related  facilities.  Such
    46  guidelines  shall  be used to identify environmentally sensitive commod-
    47  ities and services which are available in the form, function and utility
    48  generally used by such facilities.  Such commissioners shall review  and
    49  evaluate  existing  research regarding environmentally sensitive commod-
    50  ities and services, including but not  limited  to,  the  United  States
    51  environmental  protection agency's guidelines for environmentally sensi-
    52  tive commodities and services, for the purpose of developing appropriate
    53  criteria for such guidelines and specifications.

    54    3. The commissioner of  general  services  shall  disseminate  to  all
    55  school  districts  and boards of cooperative educational services guide-
    56  lines and specifications for the  purchase  or  use  of  environmentally

        S. 1471--A                          3
 
     1  sensitive  commodities  and  services in elementary, secondary and voca-
     2  tional school buildings; for  school  or  school-related  activities  on
     3  school  properties;  and  for  use  in  the construction, renovation, or
     4  repair of such school buildings and related facilities. The commissioner
     5  of  general  services  shall  also prepare and disseminate to all school
     6  districts and boards of cooperative educational services a  sample  list

     7  of  such  environmentally  sensitive  commodities and services that meet
     8  these guidelines or specifications and their  environmental  and  health
     9  benefits.    School  districts  and  boards  of  cooperative educational
    10  services shall consider such guidelines, specifications and sample  list
    11  when   making   determinations   as  to  the  purchase  of  commodities,
    12  construction items or services for use in a school  building  or  build-
    13  ings,  for  school  or  school-related  activities,  or  for  use in the
    14  construction, renovation, or repair of school buildings. Where  applica-
    15  ble  and  appropriate, school districts and boards of cooperative educa-
    16  tional services shall include evidence of such consideration in  a  plan

    17  for  the  construction,  renovation or repair of a school building which
    18  must be submitted to the commissioner for approval pursuant  to  section
    19  four hundred eight of this article.
    20    4.  School  districts  and  boards of cooperative educational services
    21  shall notify all schools under their jurisdictions of  the  availability
    22  of such guidelines, specifications and sample list.
    23    5. On or before June first, two thousand fifteen, the office of gener-
    24  al services and the department shall jointly issue a report providing an
    25  analysis  of  the  impact  of  such guidelines and specifications on the
    26  purchasing and procurement practices of school districts and  boards  of
    27  cooperative educational services.

    28    §  4. Paragraph b of subdivision 3 of section 163 of the state finance
    29  law is amended by adding a new subparagraph (xii) to read as follows:
    30    (xii) maintain a list of firms which produce or manufacture  or  offer
    31  for sale environmentally sensitive commodities and services in the form,
    32  function  and  utility  generally used by school districts and boards of
    33  cooperative educational services in accordance  with  specifications  or
    34  guidelines  promulgated  pursuant  to section four hundred nine-l of the
    35  education law.
    36    § 5. This act shall take effect on the first of July  next  succeeding
    37  the  date on which it shall have become a law; provided that the commis-
    38  sioners of education and general services are authorized  to  promulgate

    39  any  and all rules and regulations and take any other measures necessary
    40  to implement this act on its effective date on or before such date;  and
    41  provided, further, that the amendment to paragraph b of subdivision 3 of
    42  section  163  of  the state finance law made by section four of this act
    43  shall not affect the repeal of such section and shall be deemed repealed
    44  therewith.
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