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A02591 Summary:

COSPNSRDickens, Rodriguez, Gottfried, Abinanti, Stirpe, Barron, Davila, Niou, Rosenthal L, Epstein, Anderson, Paulin, Dinowitz, Reyes, Colton, De La Rosa, Galef, Otis, Jackson, Gallagher, Perry, Thiele, Gonzalez-Rojas, Stern, Zebrowski, Rozic, Quart, Griffin, Santabarbara, McDonald, Lavine, Woerner
MLTSPNSRCook, Cymbrowitz, Englebright, Simon
Add §136-d, St Fin L
Relates to provisions in state procurement contracts involving the use of low embodied carbon concrete.
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A02591 Text:

                STATE OF NEW YORK
                               2021-2022 Regular Sessions
                   IN ASSEMBLY
                                    January 19, 2021
          STECK,  GALLAGHER, PERRY, THIELE, GONZALEZ-ROJAS -- Multi-Sponsored by
          -- M. of A. COOK, CYMBROWITZ, ENGLEBRIGHT,  SIMON  --  read  once  and
          referred  to  the  Committee  on  Governmental Operations -- committee
          discharged, bill amended, ordered reprinted as amended and recommitted
          to said committee
        AN ACT to amend the state finance law,  in  relation  to  provisions  in
          state  procurement  contracts involving the use of low embodied carbon
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.   The state finance law is amended by adding a new section
     2  136-d to read as follows:
     3    § 136-d. Contracts involving low  embodied  carbon  concrete.  1.  Any
     4  state  agency  contract  for  low embodied carbon concrete shall include
     5  provisions  regarding  contractor,  subcontractor  and  worker   product
     6  certification as follows:
     7    (a)  Contractors  and subcontractors doing work involving low embodied
     8  carbon concrete shall certify that all work completed meets the  minimum
     9  standards  established  under  this  section  by  the  office of general
    10  services.
    11    (b) Contractors and subcontractors doing work involving  low  embodied
    12  concrete  shall  certify  that all procured low embodied carbon concrete
    13  utilized on projects meets the minimum standards established under  this
    14  section by the office of general services.
    15    2.  Any  certifications required by this section shall be kept current
    16  for the duration of all contracts.
    17    3. (a) The office  of  general  services  shall  establish  guidelines
    18  requiring  the  procurement  of low embodied carbon concrete on projects
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.

        A. 2591--A                          2
     1  deemed appropriate by such office.   Such guidelines shall  implement  a
     2  process  with  minimum  standards  for contractors and subcontractors to
     3  file with the contracting agency upon  completion  of  a  project.  When
     4  establishing  guidelines  related  to  low embodied carbon concrete, the
     5  office of general services shall consider industry standards  and  shall
     6  consult  with  a stakeholder advisory group selected by the commissioner
     7  of general services consisting of:
     8    (i) two licensed professional engineers;
     9    (ii) two licensed registered architects;
    10    (iii) two representatives of the construction industry;
    11    (iv) two representatives of the concrete testing and validation indus-
    12  try;
    13    (v) two representatives of an accredited school of civil engineering;
    14    (vi) one representative from the New York State  Energy  Research  and
    15  Development Authority; and
    16    (vii)  one  representative each from the department of transportation,
    17  the department of state, and the department of  environmental  conserva-
    18  tion.
    19    (b)  The  office  of  general services shall consult with any relevant
    20  associations  that set industry standards for  the  procurement  of  low
    21  embodied  carbon  concrete   and shall consult with affected contractors
    22  and subcontractors to consider  environmental  impact  as  well  as  the
    23  impact on public health and safety.
    24    4. The office of general services shall also examine the use of incen-
    25  tives, including bid credits, related to bids within five percent of the
    26  lowest  price,    to  encourage the usage and innovation of low embodied
    27  carbon concrete on state agency projects.
    28    5. In addition, the office of general services shall also examine  the
    29  use  of  implementing  standards  for  performance  based specification,
    30  including but not limited to requirements  that  a  structural  material
    31  achieve  specified performance based outcomes from the use of the struc-
    32  tural material, including  but  not  limited  to,  outcomes  related  to
    33  strength,  durability,  permeability  or other attributes related to the
    34  function of the building  material  for  applied  uses,  as  opposed  to
    35  requiring  that  a  structural  material  be  produced using a specified
    36  manufacturer process, design features, technologies,  or  proportion  of
    37  materials.    The  office  of  general services shall examine the use of
    38  methods of compliance, including, but not  limited  to,  maximum  cement
    39  content specifications and specifications based on maximum potential for
    40  global warming.
    41    6.  The  commissioner  of  general  services, in consultation with the
    42  department of transportation and the stakeholder advisory  group  estab-
    43  lished in subdivision three of this section, shall examine the use of an
    44  expedited  product  evaluation protocol for low embodied carbon concrete
    45  products.
    46    7. As used in this section, the term "state  agency"  shall  mean  the
    47  same as defined in section one hundred sixty of this chapter.
    48    8.  The guidelines established pursuant to this section as well as any
    49  recommendations for subsequent legislative action resulting from examin-
    50  ing the use of incentives related to bid credits shall be  submitted  to
    51  the  governor,  the temporary president of the senate and the speaker of
    52  the assembly within thirty days of the issuance of  such  guidelines  or
    53  within  one  year from the effective date of this section, whichever may
    54  come sooner.
    55    § 2. This act shall take effect on the one hundred eightieth day after
    56  it shall have become a law and shall  apply  to  any  state  contracting

        A. 2591--A                          3
     1  opportunities  advertised  on  or  after  such  date  and  shall exclude
     2  contracts for which an invitation for  bid,  request  for  proposal,  or
     3  similar solicitation has been issued prior to the effective date of this
     4  act.
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