Requires consideration of an offerer's compliance with the New York state climate leadership and community protection act in certain procurement contracts.
STATE OF NEW YORK
________________________________________________________________________
3324
2023-2024 Regular Sessions
IN ASSEMBLY
February 2, 2023
___________
Introduced by M. of A. EPSTEIN -- read once and referred to the Commit-
tee on Environmental Conservation
AN ACT to amend the environmental conservation law and the state finance
law, in relation to requiring consideration of the New York state
climate leadership and community protection act in certain procurement
contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 75-0103 of the environmental conservation law is
2 amended by adding a new subdivision 18 to read as follows:
3 18. The council shall, in coordination with the commissioner of gener-
4 al services, review existing state purchasing requirements and shall
5 develop recommendations requiring that any evaluation of an offer or
6 purchase subject to the provisions of article eleven of the state
7 finance law shall include consideration of the offerer's compliance with
8 all applicable provisions of this article and all regulations promulgat-
9 ed pursuant thereto, including any specific requirements set forth ther-
10 ein, and with any purchasing requirements developed on and after the
11 effective date of this subdivision in accordance with the provisions
12 hereof.
13 § 2. Paragraph j of subdivision 1 of section 163 of the state finance
14 law, as amended by chapter 569 of the laws of 2015, is amended to read
15 as follows:
16 j. "Best value" means the basis for awarding contracts for services to
17 the offerer which optimizes quality, cost and efficiency, among respon-
18 sive and responsible offerers. Such basis shall reflect, wherever possi-
19 ble, objective and quantifiable analysis. Such basis may also identify a
20 quantitative factor for offerers that are small businesses, certified
21 minority- or women-owned business enterprises as defined in subdivisions
22 one, seven, fifteen and twenty of section three hundred ten of the exec-
23 utive law or service-disabled veteran-owned business enterprises as
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02097-01-3
A. 3324 2
1 defined in subdivision one of section three hundred sixty-nine-h of the
2 executive law to be used in evaluation of offers for awarding of
3 contracts for services. Such basis shall also identify as a quantitative
4 factor the offerer's compliance with all applicable provisions of arti-
5 cle seventy-five of the environmental conservation law and all regu-
6 lations promulgated pursuant thereto, including any recommendations or
7 requirements developed pursuant to section 75-0103 of such article.
8 § 3. Paragraph j of subdivision 1 of section 163 of the state finance
9 law, as amended by section 28 of part PP of chapter 56 of the laws of
10 2022, is amended to read as follows:
11 j. "Best value" means the basis for awarding contracts for services to
12 the offerer which optimizes quality, cost and efficiency, among respon-
13 sive and responsible offerers. Such basis shall reflect, wherever possi-
14 ble, objective and quantifiable analysis. Such basis may also identify a
15 quantitative factor for offerers that are small businesses, certified
16 minority- or women-owned business enterprises as defined in subdivisions
17 one, seven, fifteen and twenty of section three hundred ten of the exec-
18 utive law or service-disabled veteran-owned business enterprises as
19 defined in subdivision one of section forty of the veterans' services
20 law to be used in evaluation of offers for awarding of contracts for
21 services. Such basis shall also identify as a quantitative factor the
22 offerer's compliance with all applicable provisions of article seventy-
23 five of the environmental conservation law and all regulations promul-
24 gated pursuant thereto, including any recommendations or requirements
25 developed pursuant to section 75-0103 of such article.
26 § 4. This act shall take effect on the thirtieth day after it shall
27 have become a law; provided, however, that the amendments to paragraph j
28 of subdivision 1 of section 163 of the state finance law made by section
29 three of this act shall take effect on the same date and in the same
30 manner as part PP of chapter 56 of the laws of 2022, takes effect; and
31 provided further that the amendments to paragraph j of subdivision 1 of
32 section 163 of the state finance law made by sections two and three of
33 this act shall not affect the repeal of such section and shall be deemed
34 to be repealed therewith.
