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.
STATE OF NEW YORK
________________________________________________________________________
4144--A
R. R. 82
2011-2012 Regular Sessions
IN ASSEMBLY
February 1, 2011
___________
Introduced by M. of A. ENGLEBRIGHT, ORTIZ, GALEF, P. RIVERA -- Multi-
Sponsored by -- M. of A. McENENY -- read once and referred to the
Committee on Education -- amended on the special order of third read-
ing, ordered reprinted as amended, retaining its place on the special
order of third reading
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
19 this legislation to reduce as much as possible toxic exposures for chil-
20 dren and school staff.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD00265-02-2
A. 4144--A 2
1 § 2. Subdivision 1 of section 409 of the education law, as amended by
2 section 4 of part L of chapter 405 of the laws of 1999, is amended to
3 read as follows:
4 1. All school buildings of common, union free, central, central high
5 school and city school districts other than city school districts of
6 cities having one hundred twenty-five thousand inhabitants or more and
7 boards of cooperative educational services shall comply with such regu-
8 lations as the commissioner shall adopt from time to time for the
9 purpose of insuring the health and safety of pupils and staff in
10 relation to proper heating, lighting, ventilation, sanitation and
11 health, fire and accident protection, except that section four hundred
12 nine-l of this article shall apply to all school districts, including
13 city school districts of cities having one hundred twenty-five thousand
14 inhabitants or more and to boards of cooperative educational services.
15 § 3. The education law is amended by adding a new section 409-l to
16 read as follows:
17 § 409-l. Procurement and use of environmentally sensitive commodities
18 and services. 1. For the purposes of this section the following terms
19 shall mean:
20 (a) "Environmentally sensitive commodities and services" means those
21 commodities and services that minimize adverse impacts on children's
22 health and the environment as determined by the commissioner of general
23 services.
24 (b) "Commodity" or "commodities" means material, goods, supplies,
25 products, construction items and other standard articles of commerce
26 other than technology and excluding contracts for state printing which
27 are the subject of any purchase or other exchange.
28 (c) "Construction item" means any item or material used in
29 construction and which is procured directly by a school district or
30 board of cooperative educational services or by a person under contract
31 by a school district or board of cooperative educational services.
32 (d) "Service" or "services" means, except with respect to contracts
33 for state printing, the performance of a task or tasks and may include a
34 material good or a quantity of material goods, and which is subject of
35 any purchase or other exchange. For the purposes of this section, tech-
36 nology shall be deemed a service.
37 2. The commissioner of general services, in consultation with the
38 commissioner and the commissioners of health and labor, shall establish
39 and from time to time amend guidelines and specifications for environ-
40 mentally sensitive commodities and services for use in elementary,
41 secondary and vocational school buildings; for school or school-related
42 activities on school properties; and for use in the construction, reno-
43 vation or repair of such school buildings and related facilities. Such
44 guidelines shall be used to identify environmentally sensitive commod-
45 ities and services which are available in the form, function and utility
46 generally used by such facilities. Such commissioners shall review and
47 evaluate existing research regarding environmentally sensitive commod-
48 ities and services, including but not limited to, the United States
49 environmental protection agency's guidelines for environmentally sensi-
50 tive commodities and services, for the purpose of developing appropriate
51 criteria for such guidelines and specifications.
52 3. The commissioner of general services shall disseminate to all
53 school districts and boards of cooperative educational services guide-
54 lines and specifications for the purchase or use of environmentally
55 sensitive commodities and services in elementary, secondary and voca-
56 tional school buildings; for school or school-related activities on
A. 4144--A 3
1 school properties; and for use in the construction, renovation, or
2 repair of such school buildings and related facilities. The commissioner
3 of general services shall also prepare and disseminate to all school
4 districts and boards of cooperative educational services a sample list
5 of such environmentally sensitive commodities and services that meet
6 these guidelines or specifications and their environmental and health
7 benefits. School districts and boards of cooperative educational
8 services shall consider such guidelines, specifications and sample list
9 when making determinations as to the purchase of commodities,
10 construction items or services for use in a school building or build-
11 ings, for school or school-related activities, or for use in the
12 construction, renovation, or repair of school buildings. Where applica-
13 ble and appropriate, school districts and boards of cooperative educa-
14 tional services shall include evidence of such consideration in a plan
15 for the construction, renovation or repair of a school building which
16 must be submitted to the commissioner for approval pursuant to section
17 four hundred eight of this article.
18 4. School districts and boards of cooperative educational services
19 shall notify all schools under their jurisdictions of the availability
20 of such guidelines, specifications and sample list.
21 5. On or before June first, two thousand thirteen, the office of
22 general services and the department shall jointly issue a report provid-
23 ing an analysis of the impact of such guidelines and specifications on
24 the purchasing and procurement practices of school districts and boards
25 of cooperative educational services.
26 § 4. Paragraph b of subdivision 3 of section 163 of the state finance
27 law is amended by adding a new subparagraph (xii) to read as follows:
28 (xii) maintain a list of firms which produce or manufacture or offer
29 for sale environmentally sensitive commodities and services in the form,
30 function and utility generally used by school districts and boards of
31 cooperative educational services in accordance with specifications or
32 guidelines promulgated pursuant to section four hundred nine-l of the
33 education law.
34 § 5. This act shall take effect on the first of July next succeeding
35 the date on which it shall have become a law; provided that the commis-
36 sioners of education and general services are authorized to promulgate
37 any and all rules and regulations and take any other measures necessary
38 to implement this act on its effective date on or before such date; and
39 provided, further, that the amendment to paragraph b of subdivision 3 of
40 section 163 of the state finance law made by section four of this act
41 shall not affect the repeal of such section and shall be deemed repealed
42 therewith.
