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A06046 Floor Votes:

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.