A06046 Floor Votes:

DATE:04/23/2013Assembly Vote  YEA/NAY: 100/40
Yes
Abbate
Yes
Crespo
No
Goodell
ER
Lopez VJ
No
Palmesano
Yes
Sepulveda
Yes
Abinanti
No
Crouch
Yes
Gottfried
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Arroyo
No
Curran
No
Graf
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Aubry
Yes
Cusick
Yes
Gunther
No
Magee
Yes
Perry
Yes
Skartados
No
Barclay
Yes
Cymbrowitz
No
Hawley
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barrett
Yes
DenDekker
Yes
Heastie
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barron
Yes
Dinowitz
Yes
Hennessey
ER
Malliotakis
No
Ra
No
Stec
Yes
Benedetto
No
DiPietro
Yes
Hevesi
Yes
Markey
No
Rabbitt
Yes
Steck
ER
Blankenbush
No
Duprey
Yes
Hikind
Yes
Mayer
No
Raia
AB
Stevenson
No
Borelli
Yes
Englebright
ER
Hooper
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Boyland
Yes
Espinal
Yes
Jacobs
No
McDonough
No
Reilich
Yes
Sweeney
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
No
McKevitt
Yes
Rivera
No
Tedisco
Yes
Brennan
Yes
Farrell
No
Johns
No
McLaughlin
Yes
Roberts
No
Tenney
Yes
Brindisi
No
Finch
No
Jordan
Yes
Miller
Yes
Robinson
Yes
Thiele
Yes
Bronson
No
Fitzpatrick
ER
Katz
Yes
Millman
Yes
Rodriguez
ER
Titone
Yes
Brook-Krasny
No
Friend
Yes
Kavanagh
No
Montesano
Yes
Rosa
Yes
Titus
Yes
Buchwald
Yes
Gabryszak
Yes
Kearns
Yes
Morelle
Yes
Rosenthal
No
Walter
No
Butler
Yes
Galef
Yes
Kellner
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Cahill
Yes
Gantt
Yes
Kim
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Camara
No
Garbarino
No
Kolb
No
Nojay
Yes
Ryan
Yes
Weprin
No
Ceretto
Yes
Gibson
No
Lalor
Yes
Nolan
No
Saladino
Yes
Wright
ER
Clark
No
Giglio
Yes
Lavine
No
Oaks
Yes
Santabarbara
Yes
Zebrowski
Yes
Colton
Yes
Gjonaj
Yes
Lentol
Yes
O'Donnell
Yes
Scarborough
Yes
Mr. Speaker
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Ortiz
Yes
Schimel
No
Corwin
Yes
Goldfeder
No
Lopez PD
Yes
Otis
No
Schimminger

‡ Indicates voting via videoconference
DATE:05/05/2014Assembly Vote  YEA/NAY: 94/38
Yes
Abbate
No
Curran
No
Hawley
Yes
Markey
Yes
Quart
Yes
Steck
Yes
Abinanti
Yes
Cusick
Yes
Heastie
Yes
Mayer
No
Ra
Yes
Stirpe
Yes
Arroyo
Yes
Cymbrowitz
Yes
Hennessey
Yes
McDonald
No
Raia
Yes
Sweeney
Yes
Aubry
Yes
Davila
Yes
Hevesi
No
McDonough
Yes
Ramos
No
Tedisco
No
Barclay
Yes
DenDekker
ER
Hikind
No
McKevitt
Yes
Rivera
No
Tenney
Yes
Barrett
Yes
Dinowitz
Yes
Hooper
No
McLaughlin
Yes
Roberts
Yes
Thiele
Yes
Benedetto
No
DiPietro
Yes
Jacobs
Yes
Miller
Yes
Robinson
Yes
Titone
No
Blankenbush
No
Duprey
Yes
Jaffee
Yes
Millman
ER
Rodriguez
Yes
Titus
No
Borelli
Yes
Englebright
No
Johns
No
Montesano
Yes
Rosa
No
Walter
Yes
Braunstein
Yes
Fahy
ER
Katz
Yes
Morelle
Yes
Rosenthal
Yes
Weinstein
Yes
Brennan
Yes
Farrell
Yes
Kavanagh
ER
Mosley
Yes
Rozic
ER
Weisenberg
Yes
Brindisi
No
Finch
Yes
Kearns
Yes
Moya
Yes
Russell
Yes
Weprin
Yes
Bronson
No
Fitzpatrick
AB
Kellner
No
Nojay
Yes
Ryan
Yes
Wright
Yes
Brook-Krasny
No
Friend
Yes
Kim
ER
Nolan
Yes
Saladino
Yes
Zebrowski
Yes
Buchwald
Yes
Galef
No
Kolb
No
Oaks
Yes
Santabarbara
Yes
Mr. Speaker
No
Butler
Yes
Gantt
No
Lalor
Yes
O'Donnell
Yes
Scarborough
Yes
Cahill
No
Garbarino
Yes
Lavine
Yes
Ortiz
Yes
Schimel
Yes
Camara
No
Giglio
Yes
Lentol
Yes
Otis
No
Schimminger
No
Ceretto
Yes
Gjonaj
Yes
Lifton
No
Palmesano
ER
Sepulveda
Yes
Clark
Yes
Glick
No
Lopez
No
Palumbo
Yes
Simanowitz
Yes
Colton
Yes
Goldfeder
Yes
Lupardo
Yes
Paulin
Yes
Simotas
Yes
Cook
No
Goodell
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Skartados
No
Corwin
Yes
Gottfried
No
Magee
Yes
Perry
Yes
Skoufis
Yes
Crespo
No
Graf
Yes
Magnarelli
Yes
Pichardo
Yes
Solages
Yes
Crouch
Yes
Gunther
No
Malliotakis
Yes
Pretlow
No
Stec

‡ Indicates voting via videoconference
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A06046 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A6046
 
SPONSOR: Sweeney (MS)
  TITLE OF BILL: An act to amend the state finance law, the economic development law and the environmental conservation law, in relation to the state procurement process and to healthy and green procurement   PURPOSE: To establish a preference for the purchase of commodities, services and technologies by the State of New York that minimizes poten- tial adverse impacts on public health and the environment.   SUMMARY OF PROVISIONS: Section one of the bill states that this act shall be known and may be cited as the "New York State Healthy and Green Procurement Act". Section two of the bill provides legislative findings and declarations. Section three of the bill amends subdivision five of section 160 of the state finance Law to clarify the life cycle costs provisions within the definition of "costs", and considers the costs of ownership and any indirect environmental or health costs, if information is available. Section four of the bill amends subdivision one of section 161 of the State Finance Law to increase the membership of the State Procurement Council Section five of the bill adds a new section, 164a, to establish that to the extent practicable that purchases should be to minimize adverse environmental impacts. This section also provides that the Office of General Services develop guidelines for healthy and green procurement This section does not require state agencies and authorities to purchase commodities or services that do not meet the form, function and utility required by the agency or authority, or which would cost more than ten percent than an alternative. Section six of the bill amends the Economic Development Law to expand an existing grant program for pollution prevention and secondary materials marketing projects to include projects by small businesses, nonprofit organizations and preferred sources (pursuant to § 162 of the State Finance Law) to develop, manufacture or provide safe and sustainable commodities, services or technologies. Sections seven through nine of the bill amend section 261 of the Econom- ic Development Law to integrate Healthy and Green commodity purchasing practices and technologies. Section ten provides for an annual report to be made to the Legislature and Governor regarding the status of green and healthy considerations in the procurement process. Section eleven amends 3-0311 of the Environmental Conservation Law to require as part of the environmental audits that Healthy and Green considerations be evaluated. Section twelve of the bill provides for the effective date.   JUSTIFICATION: As New York moves into the twenty-first century, it should serve as a role model for practices that will create and maintain a healthy environment and vibrant economy. The manufacture, use and disposal of certain commodities and technologies, the construction of buildings and other structures, and the provision of services may have adverse impacts on public health and the environment. These impacts imposes costs on the state and, ultimately, society as a whole in the form of injury, disability and death, healthcare expenses, disposal, liability and cleanup costs, the waste of resources and raw materials, and an impaired natural environment. Encouraging innovation and creating and choosing the safest, most sustainable commodities, services and technologies will help to ensure a higher quality of life for present and future generations. It will also put New York businesses in an economically advantageous position to compete in an increasingly global marketplace. By avoiding the purchase of products and services with priority toxic substances, the state can reduce the use and release of these chemicals, prevent adverse ecological and health impacts, and protect public health and the state's natural resources. Including public health and environmental considerations in state purchasing decisions can help New York attain these goals by promoting and investing in commodities, services and technologies that improve public health, conserve natural resources, and reward environmentally conscious manufacturers. The Health and Green Procurement Act is based on a precautionary approach to take anticipatory action to prevent harm. Where credible evidence of a threat or harm to human health or the envi- ronment exists, even when the exact nature and full magnitude of a threat or harm is not yet proven, lack of full scientific certainty about cause and effect shall not be viewed as a sufficient reason to fail to consider a potentially adverse impact when assessing a commod- ity, service or technology. Protecting public health and the environment is a natural extension of, and consistent with, the traditional consid- erations associated with state procurement practice, including lowest price, best value, quality, cost and efficiency, Now, determining quali- ty, value and efficiency shall include the consideration of public health and environmental impacts. For instance, in considering natural resource impacts, the state would consider energy and water use, renewa- ble resource consumption, recycled content, recyciability, waste prevention waste prevention, remanufactured or bio-based content, and the potential for long-term use through product durability, reparabili- ty, and reuse. When comparing potential adverse health and environmental impacts, the state would consider the following factors if trade-offs must be made among such impacts: the overriding importance of protecting human health and the environment; reversibility; and the degree of difference in performance. For example, when assessing products with recycled content, preference would be given to material that does not contain a priority toxic substance. Considering such impacts early in the procurement process and adopting an ethic of pollution prevention will not only reduce pollution and waste, it will save money through a commodity, service or technology's life cycle. The state would consider positive attributes that are commonly accepted toxic substances, less hazardous or less toxic, low in respiratory toxins and irritants, low in greenhouse gas emissions or packaging, high in recycled content, resource efficient and reusable. A major benefit of safe and sustainable procurement is increased efficien- cy and reduced overall cost to government, taxpayers, and society as a whole. In 2008, Governor Paterson signed Executive Order #4, which establishes Healthy and Green Procurement as a state priority. This legislation integrates many of the elements of the Governor's Executive Order.   PRIOR LEGISLATIVE HISTORY: 2011-12: Passed Assembly 2009-10: Passed Assembly 2008: Passed Assembly   FISCAL IMPLICATIONS: To be determined.   EFFECTIVE DATE: This act shall take effect.on the one hundred eight- ieth day after it shall have become a law and shall apply only to state procurement contracts where the request for proposals or the request for bids was issued after the effective date of this act; provided, however, that effective immediately, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.
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