Expands the products which may be purchased for public use by including renewable energy resources; increases the cost premium percentage for renewable energy generated in New York.
STATE OF NEW YORK
________________________________________________________________________
2161
2013-2014 Regular Sessions
IN SENATE
January 14, 2013
___________
Introduced by Sen. VALESKY -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to expanding the
products which may be purchased for public use
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 104-a of the general municipal law, as amended by
2 chapter 468 of the laws of 1994, is amended to read as follows:
3 § 104-a. Purchasing of products for public use. 1. Notwithstanding
4 the provisions of section one hundred three of this [chapter] article,
5 when purchasing products the officer, board or agency of any political
6 subdivision or of any district therein charged with the awarding of
7 public contracts may, wherever renewable energy resources or recycled
8 products meet contract specifications and the price of such products is
9 reasonably competitive, purchase such products. For the purpose of this
10 section [and until July first, nineteen hundred ninety-six, "recycled
11 product" shall mean any product which has been manufactured from second-
12 ary materials, as defined in subdivision one of section two hundred
13 sixty-one of the economic development law, and meets secondary material
14 content requirements adopted by the office of general services under
15 subdivision one of section one hundred seventy-seven of the state
16 finance law for products available to the political subdivision or
17 district under state contract or, if no such contract for such product
18 is available, any product which meets the secondary material content
19 requirements adopted by the political subdivision or district thereof
20 with respect to a specific commodity procurement by such entity. On and
21 after July first, nineteen hundred ninety-six,]:
22 (a) "recycled product" shall mean[, for the purposes of this section,]
23 any product which is manufactured from secondary materials, as defined
24 in subdivision one of section two hundred sixty-one of the economic
25 development law, and which meets the requirements of subdivision two of
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04737-01-3
S. 2161 2
1 section 27-0717 of the environmental conservation law and regulations
2 promulgated pursuant thereto[. For the purpose of this section,];
3 (b) "renewable energy resources" shall have the same meaning as such
4 term is defined in subdivision twelve of section 1-103 of the energy
5 law;
6 (c) "reasonably competitive" shall mean:
7 (i) that the cost of the recycled product does not exceed a cost
8 premium of ten percent above the cost of a comparable product that is
9 not a recycled product or, if at least fifty percent of the secondary
10 materials utilized in the manufacture of that product are generated from
11 the waste stream in New York state, the cost of the recycled product
12 does not exceed a cost premium of fifteen percent above the cost of a
13 comparable product that is not a recycled product; or
14 (ii) that the cost of the renewable energy resource does not exceed a
15 cost premium of ten percent above the cost of a comparable product that
16 is not a renewable energy resource.
17 2. Whenever such officer, board or agency shall purchase or cause the
18 purchase of printing on recycled paper pursuant to this section, he or
19 she shall require the printed material to contain the official state
20 recycling emblem established pursuant to subdivision two of section
21 27-0717 of the environmental conservation law and regulations promulgat-
22 ed pursuant thereto if such paper has been approved by the department of
23 environmental conservation as satisfying the requirements of such stat-
24 ute and regulations, or, if such paper has not been so approved, require
25 the printed material to include a printed statement which indicates the
26 percentages of pre-consumer and post-consumer recycled material content
27 of such paper.
28 § 2. This act shall take effect on the first of January next succeed-
29 ing the date on which it shall have become a law; provided, however,
30 that effective immediately, the addition, amendment and/or repeal of any
31 rule or regulation necessary for the implementation of this act on its
32 effective date are authorized and directed to be made and completed on
33 or before such effective date.
