S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5296
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                   February 17, 2015
                                      ___________
       Introduced by M. of A. GIGLIO, MONTESANO, McDONOUGH, RAIA -- Multi-Spon-
         sored  by -- M. of A.  KATZ -- read once and referred to the Committee
         on Environmental Conservation
       AN ACT to amend the state finance law, the general  municipal  law,  the
         education  law,  the  economic  development  law and the environmental
         conservation law, in relation to state  environmental  purchasing  and
         intergovernmental  agreements;  and  to  repeal  section  409-i of the
         education law and section 163-b of the state finance law  relating  to
         environmentally-sensitive cleaning and maintenance products
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. This act shall be known and may be cited as the  "New  York
    2  state environmental purchasing act".
    3    S  2.  Subdivision 5 of section 160 of the state finance law, as added
    4  by chapter 83 of the laws of 1995, is amended to read as follows:
    5    5. "Costs" as used in this  article  shall  be  quantifiable  and  may
    6  include,  without  limitation,  the  price  of the given good or service
    7  being purchased; the administrative, training, storage,  maintenance  or
    8  other  overhead  associated  with  a given good or service; the value of
    9  warranties, delivery schedules, financing costs and foregone opportunity
   10  costs associated with a given good or service; and  the  life  span  and
   11  associated  life  cycle  costs  of  the  given  good  or  service  being
   12  purchased. Life cycle costs may include, but shall not  be  limited  to,
   13  costs  or savings associated with RAW MATERIALS, PRODUCTION, MANUFACTUR-
   14  ING, construction, PACKAGING, DISTRIBUTION,  USE,  energy  use,  mainte-
   15  nance,  operation,  and  salvage  or disposal, AND ANY ASSOCIATED PUBLIC
   16  HEALTH AND ENVIRONMENTAL COSTS.
   17    S 3. Paragraph a of subdivision 1 of section 161 of the state  finance
   18  law,  as  amended by chapter 452 of the laws of 2012, is amended to read
   19  as follows:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD07076-01-5
       A. 5296                             2
    1    a. The state procurement council shall continuously strive to  improve
    2  the  state's  procurement process.  Such council shall consist of [twen-
    3  ty-one] TWENTY-THREE members,  including  the  commissioner,  the  state
    4  comptroller,  the  director  of  the budget, the chief diversity officer
    5  [and],  the commissioner of economic development[,] AND THE COMMISSIONER
    6  OF ENVIRONMENTAL CONSERVATION or their respective designees; [seven] SIX
    7  members who shall be the heads of other large and small  state  agencies
    8  chosen  by  the  governor,  or  their  respective designees; one member,
    9  appointed by the governor, representing a not-for-profit New  York-based
   10  organization engaged in the marketing and/or promotion of New York grown
   11  farm and agricultural products or a not-for-profit New York-based organ-
   12  ization  engaged  solely  in the advocacy, marketing and/or promotion of
   13  organic New York grown farm and agricultural products to be limited to a
   14  two year term; and [eight] TWELVE at large members appointed as follows:
   15  [three] FOUR appointed by the temporary president of the senate, one  of
   16  whom  shall  be  a representative of local government [and], one of whom
   17  shall be a representative of private business AND ONE OF WHOM SHALL BE A
   18  REPRESENTATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS  THE  ENHANCE-
   19  MENT  OF PUBLIC HEALTH OR THE ENVIRONMENT; [three] FOUR appointed by the
   20  speaker of the assembly, one of whom shall be a representative of  local
   21  government [and], one of whom shall be a representative of private busi-
   22  ness  AND ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION WHOSE
   23  PRIME FUNCTION IS THE ENHANCEMENT OF PUBLIC HEALTH OR  THE  ENVIRONMENT;
   24  one  appointed  by the minority leader of the senate; and, one appointed
   25  by the minority leader of the assembly;  and  two  non-voting  observers
   26  appointed  as  follows:  one appointed by the temporary president of the
   27  senate and one appointed by the speaker of the assembly. The  non-voting
   28  observers  shall  be  provided, contemporaneously, all documentation and
   29  materials distributed to members. The council shall be  chaired  by  the
   30  commissioner and shall meet at least quarterly.
   31    S  4.  Paragraphs k, l, m and n of subdivision 2 of section 161 of the
   32  state finance law, paragraphs k and l as added by chapter 83 of the laws
   33  of 1995, paragraph m as amended by section 13 of part L of chapter 55 of
   34  the laws of 2012, paragraph n as added by chapter 173  of  the  laws  of
   35  2010, are amended and a new paragraph o is added to read as follows:
   36    k.  Report  by December thirty-first, nineteen hundred ninety-five and
   37  thereafter biennially to the governor, the legislature and the  director
   38  of  the  budget,  the significant findings of the council including, but
   39  not limited to, substantial savings generated by council initiatives and
   40  the recommendations of the council concerning  the  state's  procurement
   41  practices; [and]
   42    l.  Undertake  other related activities as are necessary to effectuate
   43  this article including the development  of  a  strategic  plan  for  the
   44  improvement of state procurement[.];
   45    m.  Establish and, from time to time, amend guidelines with respect to
   46  publishing by state agencies of quarterly listings of projected procure-
   47  ments having a value greater than five thousand dollars  but  less  than
   48  fifty  thousand  dollars  in  the  procurement  opportunities newsletter
   49  established by article four-C of the economic development law[.];
   50    n. Recommend to the  commissioner  necessary  legislative  changes  or
   51  modifications  to existing or proposed rules, regulations and procedures
   52  that would increase access to the state's procurement process by minori-
   53  ty-owned business enterprises and women-owned business  enterprises  and
   54  create  model  language to be used by agencies when issuing requests for
   55  bids or proposals to other solicitations or offers that  would  increase
       A. 5296                             3
    1  the ability of small businesses to participate in state procurements[.];
    2  AND
    3    O. MAKE RECOMMENDATIONS TO THE COMMISSIONER FOR "TARGET CATEGORIES" OF
    4  COMMODITIES, SERVICES AND/OR TECHNOLOGIES WHICH FOR THE PURPOSES OF THIS
    5  SECTION  SHALL  MEAN  BROAD  CATEGORIES  OF COMMODITIES, SERVICES AND/OR
    6  TECHNOLOGIES ROUTINELY PROCURED BY THE STATE WHICH MAY HAVE  AN  ADVERSE
    7  IMPACT  ON  PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH MORE ENVIRON-
    8  MENTALLY  PREFERABLE  PRODUCTS  SHOULD  BE  IDENTIFIED  AND  SUBSTITUTED
    9  CONSISTENT  WITH  THE  GOALS AND STANDARDS SET FORTH IN ARTICLE TEN-A OF
   10  THIS CHAPTER.
   11    S 5. Subparagraph (viii) of paragraph b of subdivision  3  of  section
   12  163  of  the state finance law, as amended by chapter 381 of the laws of
   13  2014, is amended to read as follows:
   14    (viii) maintain a list of contractors which produce or manufacture  or
   15  offer  for  sale  [environmentally-sensitive  cleaning  and  maintenance
   16  products in the form, function and utility generally used by  elementary
   17  and secondary schools] ENVIRONMENTALLY PREFERABLE PRODUCTS in accordance
   18  with  specifications or guidelines promulgated pursuant to [section four
   19  hundred nine-i of the education law] ARTICLE TEN-A OF THIS CHAPTER.
   20    S 6. The state finance law is amended by adding a new article 10-A  to
   21  read as follows:
   22                                 ARTICLE 10-A
   23                       STATE ENVIRONMENTAL PURCHASING
   24  SECTION 159-A. DEFINITIONS.
   25          159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE.
   26          159-C. AGENCY ENVIRONMENTAL EXECUTIVES.
   27          159-D. INTERAGENCY   COMMITTEE   ON   SUSTAINABILITY  AND  GREEN
   28                   PROCUREMENT.
   29          159-E. ISSUE-SPECIFIC TASK FORCES.
   30          159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM.
   31          159-G. STATE AGENCY RESPONSIBILITIES.
   32          159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES.
   33          159-I. BUSINESS DEVELOPMENT AND GUIDANCE.
   34    S 159-A. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   35    1. "ENERGY STAR" MEANS A DESIGNATION FROM THE UNITED  STATES  ENVIRON-
   36  MENTAL PROTECTION AGENCY OR DEPARTMENT OF ENERGY INDICATING THAT A PROD-
   37  UCT  MEETS  THE  ENERGY EFFICIENCY STANDARDS SET FORTH BY THE AGENCY FOR
   38  COMPLIANCE WITH THE ENERGY STAR PROGRAM.
   39    2. "ELEMENTARY OR SECONDARY SCHOOL" MEANS A FACILITY USED FOR INSTRUC-
   40  TION OF ELEMENTARY OR SECONDARY STUDENTS BY: (A)  ANY  SCHOOL  DISTRICT,
   41  INCLUDING  A SPECIAL ACT SCHOOL DISTRICT AND A CITY SCHOOL DISTRICT IN A
   42  CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE THOUSAND INHABITANTS
   43  OR MORE, (B) A BOARD OF COOPERATIVE EDUCATIONAL SERVICES, (C) A  CHARTER
   44  SCHOOL,  (D)  AN  APPROVED  PRIVATE SCHOOL FOR THE EDUCATION OF STUDENTS
   45  WITH DISABILITIES, (E) A STATE-SUPPORTED SCHOOL FOR THE  DEAF  OR  BLIND
   46  OPERATED  PURSUANT  TO ARTICLE EIGHTY-FIVE OF THE EDUCATION LAW, AND (F)
   47  ANY OTHER PRIVATE OR PAROCHIAL ELEMENTARY OR SECONDARY SCHOOL.
   48    3. "ENVIRONMENTALLY PREFERABLE PRODUCTS" MEANS BUT SHALL NOT BE LIMIT-
   49  ED TO PRODUCTS AND SERVICES THAT: CONTAIN RECYCLED  MATERIALS,  CONSERVE
   50  ENERGY  OR  WATER,  MINIMIZE WASTE, ARE LESS TOXIC AND HAZARDOUS, REDUCE
   51  THE GENERATION, RELEASE OR DISPOSAL OF TOXIC  SUBSTANCES,  PROTECT  OPEN
   52  SPACE,  AND/OR  OTHERWISE LESSEN THE IMPACT OF SUCH PRODUCTS OR SERVICES
   53  ON PUBLIC HEALTH AND THE ENVIRONMENT.
   54    4. "ELECTRONIC PRODUCT ENVIRONMENTAL ASSESSMENT TOOL" MEANS A TOOL FOR
   55  EVALUATING THE ENVIRONMENTAL PERFORMANCE OF ELECTRONIC PRODUCTS THROUGH-
       A. 5296                             4
    1  OUT THEIR LIFE CYCLE DEVELOPED  BY  THE  FEDERAL  GOVERNMENT  AND  OTHER
    2  STAKEHOLDERS.
    3    5.  "INDEPENDENT  AGENCIES"  MEANS  ANY PUBLIC BENEFIT CORPORATIONS OR
    4  PUBLIC AUTHORITIES NOT INCLUDED IN THE DEFINITION OF STATE AGENCIES.
    5    6. "RECOVERED MATERIALS" MEANS WASTE MATERIALS  AND  BYPRODUCTS  WHICH
    6  HAVE BEEN RECOVERED OR DIVERTED FROM SOLID WASTE, BUT SUCH TERM DOES NOT
    7  INCLUDE  THOSE  MATERIALS  AND  BYPRODUCTS  GENERATED  FROM AND COMMONLY
    8  REUSED WITHIN AN ORIGINAL MANUFACTURING PROCESS.
    9    7. "RECYCLED CONTENT" SHALL MEAN RECYCLED COMMODITY AS  THAT  TERM  IS
   10  DEFINED  IN  PARAGRAPH  A  OF  SUBDIVISION  THREE OF SECTION ONE HUNDRED
   11  SIXTY-FIVE OF THIS CHAPTER.
   12    8. "REMANUFACTURED" SHALL HAVE THE SAME MEANING AS SET FORTH IN  PARA-
   13  GRAPH  A  OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-FIVE OF THIS
   14  CHAPTER.
   15    9. "STATE AGENCIES" MEANS ANY  DEPARTMENT,  DIVISION,  BOARD,  BUREAU,
   16  COMMISSION,  OFFICE,  AGENCY,  AUTHORITY  OR  PUBLIC  CORPORATION OF THE
   17  STATE.
   18    S 159-B. OFFICE OF THE ENVIRONMENTAL EXECUTIVE. 1. THE OFFICE  OF  THE
   19  ENVIRONMENTAL EXECUTIVE SHALL BE DESIGNATED BY THE GOVERNOR AND SHALL BE
   20  LOCATED  WITHIN  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. THE ENVI-
   21  RONMENTAL EXECUTIVE SHALL TAKE ALL  ACTIONS  NECESSARY  TO  ENSURE  THAT
   22  STATE  AGENCIES  COMPLY  WITH THE REQUIREMENTS OF THIS ARTICLE AND SHALL
   23  GENERATE AN ANNUAL REPORT TO THE DIVISION OF  BUDGET,  AT  THE  TIME  OF
   24  AGENCY  BUDGET  SUBMISSIONS,  ON  THE ACTIONS TAKEN BY STATE AGENCIES TO
   25  COMPLY WITH THE REQUIREMENTS OF THIS ARTICLE. IN CARRYING OUT HIS OR HER
   26  FUNCTIONS, THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT  WITH  THE  COMMIS-
   27  SIONER OF ENVIRONMENTAL CONSERVATION.
   28    2.  A  MINIMUM  OF  FOUR FULL TIME STAFF PERSONS ARE TO BE PROVIDED TO
   29  ASSIST THE ENVIRONMENTAL EXECUTIVE, ONE OF WHOM SHALL HAVE EXPERIENCE IN
   30  SPECIFICATION REVIEW AND PROGRAM REQUIREMENTS, ONE OF  WHOM  SHALL  HAVE
   31  EXPERIENCE  IN  PROCUREMENT PRACTICES AND ONE OF WHOM SHALL HAVE EXPERI-
   32  ENCE IN SOLID WASTE PREVENTION AND RECYCLING. THESE FOUR  STAFF  PERSONS
   33  SHALL BE APPOINTED AND REPLACED AS FOLLOWS:
   34    (A) THE ADJUTANT GENERAL OF THE DIVISION OF MILITARY AND NAVAL AFFAIRS
   35  OR  HIS OR HER DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR AND
   36  NO MORE THAN TWO YEARS;
   37    (B) THE COMMISSIONER OF GENERAL SERVICES OR HIS OR HER DESIGNEE  SHALL
   38  BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO MORE THAN TWO YEARS;
   39    (C)  THE  COMMISSIONER  OF  ENVIRONMENTAL  CONSERVATION  OR HIS OR HER
   40  DESIGNEE SHALL BE DETAILED FOR NOT LESS THAN ONE YEAR AND NO  MORE  THAN
   41  TWO YEARS; AND
   42    (D)  THE  PRESIDENT  OF  THE  NEW  YORK STATE ENVIRONMENTAL FACILITIES
   43  CORPORATION OR HIS OR HER DESIGNEE FOR NOT MORE THAN ONE YEAR.
   44    3. STATE AGENCIES ARE REQUESTED TO MAKE THEIR SERVICES, PERSONNEL  AND
   45  FACILITIES  AVAILABLE  TO  THE  ENVIRONMENTAL  EXECUTIVE  TO THE MAXIMUM
   46  EXTENT PRACTICABLE FOR THE PERFORMANCE OF FUNCTIONS.
   47    4. THE ENVIRONMENTAL EXECUTIVE, IN CONSULTATION WITH THE AGENCY  ENVI-
   48  RONMENTAL   EXECUTIVES   DESIGNATED  PURSUANT  TO  SECTION  ONE  HUNDRED
   49  FIFTY-NINE-C OF THIS ARTICLE, SHALL:
   50    (A) IDENTIFY AND RECOMMEND INITIATIVES FOR GOVERNMENT-WIDE IMPLEMENTA-
   51  TION THAT WILL PROMOTE THE PURPOSES OF THIS ARTICLE, INCLUDING:
   52    (I) THE DEVELOPMENT OF A STATE  PLAN  FOR  AGENCY  IMPLEMENTATION  AND
   53  APPROPRIATE  INCENTIVES  TO  ENCOURAGE  THE  ACQUISITION OF RECYCLED AND
   54  ENVIRONMENTALLY PREFERABLE PRODUCTS BY THE STATE GOVERNMENT;
   55    (II) THE DEVELOPMENT OF A STATE IMPLEMENTATION PLAN AND  GUIDANCE  FOR
   56  INSTITUTING  ECONOMICALLY  EFFICIENT  STATE WASTE PREVENTION, ENERGY AND
       A. 5296                             5
    1  WATER EFFICIENCY PROGRAMS, AND RECYCLING PROGRAMS  WITHIN  EACH  AGENCY;
    2  AND
    3    (III)  THE  DEVELOPMENT  OF A PLAN FOR MAKING MAXIMUM USE OF AVAILABLE
    4  FUNDING ASSISTANCE PROGRAMS;
    5    (B) ELECTRONICALLY  COLLECT  AND  DISSEMINATE  INFORMATION  CONCERNING
    6  METHODS  TO  REDUCE  WASTE,  MATERIALS  THAT  CAN BE RECYCLED, COSTS AND
    7  SAVINGS ASSOCIATED WITH WASTE  PREVENTION  AND  RECYCLING,  AND  CURRENT
    8  MARKET  SOURCES  OF  PRODUCTS  THAT  ARE  ENVIRONMENTALLY  PREFERABLE OR
    9  PRODUCED WITH RECOVERED MATERIALS;
   10    (C) PROVIDE GUIDANCE AND ASSISTANCE TO STATE AGENCIES  IN  SETTING  UP
   11  AND REPORTING ON AGENCY PROGRAMS AND MONITORING THEIR EFFECTIVENESS;
   12    (D)  ESTABLISH A WEBSITE FOR THE OFFICE OF THE ENVIRONMENTAL EXECUTIVE
   13  AND  COORDINATE  APPROPRIATE  GOVERNMENT-WIDE  EDUCATION  AND   TRAINING
   14  PROGRAMS FOR STATE AGENCIES; AND
   15    (E)  PROMULGATE  SUCH RULES AND REGULATIONS AS MAY BE DEEMED NECESSARY
   16  AND APPROPRIATE TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.
   17    S 159-C. AGENCY ENVIRONMENTAL EXECUTIVES. WITHIN NINETY DAYS AFTER THE
   18  EFFECTIVE DATE OF THIS ARTICLE, THE HEAD OF  EACH  EXECUTIVE  DEPARTMENT
   19  AND MAJOR PROCURING AGENCY SHALL DESIGNATE AN AGENCY ENVIRONMENTAL EXEC-
   20  UTIVE  FROM  AMONG  HIS OR HER STAFF. THE AGENCY ENVIRONMENTAL EXECUTIVE
   21  WILL BE RESPONSIBLE FOR:
   22    1. COORDINATING ALL ENVIRONMENTAL PROGRAMS IN THE AREAS OF PROCUREMENT
   23  AND ACQUISITION, STANDARDS AND SPECIFICATION REVIEW, FACILITIES  MANAGE-
   24  MENT, WASTE PREVENTION AND RECYCLING, AND LOGISTICS;
   25    2. PARTICIPATING IN THE INTERAGENCY DEVELOPMENT OF A STATE PLAN TO:
   26    (A) CREATE AN AWARENESS AND OUTREACH PROGRAM FOR THE PRIVATE SECTOR TO
   27  FACILITATE  MARKETS FOR ENVIRONMENTALLY PREFERABLE AND RECYCLED PRODUCTS
   28  AND SERVICES, PROMOTE NEW TECHNOLOGIES, IMPROVE AWARENESS ABOUT  FEDERAL
   29  EFFORTS  IN  THIS  AREA,  AND  EXPEDITE  AGENCY  EFFORTS  TO PROCURE NEW
   30  PRODUCTS IDENTIFIED UNDER THIS ORDER;
   31    (B) ESTABLISH INCENTIVES, PROVIDE GUIDANCE AND COORDINATE  APPROPRIATE
   32  EDUCATIONAL PROGRAMS FOR AGENCY EMPLOYEES; AND
   33    (C)  COORDINATE THE DEVELOPMENT OF STANDARD AGENCY REPORTS REQUIRED BY
   34  THIS ARTICLE.
   35    3. REVIEWING STATE AGENCY PROGRAMS AND ACQUISITIONS TO ENSURE  COMPLI-
   36  ANCE WITH THIS ORDER.
   37    S  159-D.  INTERAGENCY  COMMITTEE ON SUSTAINABILITY AND GREEN PROCURE-
   38  MENT.   1. THERE IS  HEREBY  ESTABLISHED  AN  INTERAGENCY  COMMITTEE  ON
   39  SUSTAINABILITY  AND  GREEN PROCUREMENT. THE COMMITTEE SHALL BE COMPRISED
   40  OF THE DIRECTOR OF THE BUDGET, THE COMMISSIONER OF GENERAL SERVICES, THE
   41  COMMISSIONER OF ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF  HEALTH,
   42  THE  COMMISSIONER  OF  ECONOMIC  DEVELOPMENT, THE PRESIDENT OF THE URBAN
   43  DEVELOPMENT CORPORATION, THE COMMISSIONER OF TRANSPORTATION, THE  PRESI-
   44  DENT  OF  THE ENVIRONMENTAL FACILITIES CORPORATION, THE PRESIDENT OF THE
   45  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY, THE  CHAIR  OF
   46  THE POWER AUTHORITY OF THE STATE OF NEW YORK, AND THE EXECUTIVE DIRECTOR
   47  OF THE DORMITORY AUTHORITY OF THE STATE OF NEW YORK. THE COMMISSIONER OF
   48  GENERAL  SERVICES  AND  THE  COMMISSIONER  OF ENVIRONMENTAL CONSERVATION
   49  SHALL SERVE AS CO-CHAIRS OF THE COMMITTEE.
   50    2. MEMBERS OF THE COMMITTEE MAY DESIGNATE AN EXECUTIVE STAFF MEMBER TO
   51  REPRESENT THEM AND PARTICIPATE ON  THE  COMMITTEE  ON  THEIR  BEHALF.  A
   52  MAJORITY  OF THE MEMBERS OF THE COMMITTEE SHALL CONSTITUTE A QUORUM, AND
   53  ALL ACTIONS AND RECOMMENDATIONS OF THE COMMITTEE SHALL REQUIRE  APPROVAL
   54  OF A MAJORITY OF THE TOTAL MEMBERS OF THE COMMITTEE.
   55    S  159-E.  ISSUE-SPECIFIC TASK FORCES. 1. THE COMMITTEE SHALL HAVE THE
   56  AUTHORITY TO DESIGNATE ISSUE-SPECIFIC TASK FORCES  TO  EXAMINE  SPECIFIC
       A. 5296                             6
    1  AREAS  OF  ENVIRONMENTAL  PROCUREMENT  AND  PROVIDE  TARGETED  TECHNICAL
    2  ASSISTANCE AND GUIDANCE TO AGENCIES AS NEEDED.
    3    2.  ONE  SUCH  TASK  FORCE SHALL BE A TOXIC REDUCTION TASK FORCE TO BE
    4  OVERSEEN BY THE OFFICE OF THE ENVIRONMENTAL  EXECUTIVE  IN  COORDINATION
    5  WITH THE OFFICE OF GENERAL SERVICES.
    6    (A) THE OFFICE OF GENERAL SERVICES SHALL:
    7    (I)  PROVIDE  THE TOXIC REDUCTION TASK FORCE WITH RELEVANT INFORMATION
    8  ON WHAT CHEMICALS AND PRODUCTS ARE PROCURED, AND THE AMOUNTS USED AND BY
    9  WHOM, IN THE STATE; AND
   10    (II) WORK WITH THE OFFICE OF THE  ENVIRONMENTAL  EXECUTIVE  AND  OTHER
   11  STAKEHOLDERS  TO  IMPLEMENT  THE  TOXIC REDUCTION TASK FORCE RECOMMENDA-
   12  TIONS.
   13    (B) WITHIN NINETY DAYS AFTER THE EFFECTIVE DATE OF THIS  ARTICLE,  THE
   14  OFFICE  OF  THE ENVIRONMENTAL EXECUTIVE SHALL CONSULT WITH THE OFFICE OF
   15  GENERAL SERVICES IN ESTABLISHING SAID TOXIC REDUCTION TASK FORCE,  WHICH
   16  SHALL  MEET  PERIODICALLY,  BUT  NOT  LESS  THAN  TWO TIMES PER YEAR, TO
   17  PROVIDE GUIDANCE ON AND ASSIST AGENCIES WITH IDENTIFYING AND ELIMINATING
   18  PURCHASES OF PRODUCTS THAT CONTAIN TOXIC CHEMICALS.
   19    (C) TOXIC REDUCTION TASK FORCE  MEMBERS  SHALL  INCLUDE,  BUT  NOT  BE
   20  LIMITED  TO  THE  COMMISSIONER  OF GENERAL SERVICES, THE COMMISSIONER OF
   21  ENVIRONMENTAL CONSERVATION, THE COMMISSIONER OF HEALTH, AND THE  COMMIS-
   22  SIONER  OF  LABOR,  AND  EACH  SHALL APPOINT REPRESENTATIVES TO THE TASK
   23  FORCE WITHIN THIRTY DAYS OF THEIR NOTIFICATION  BY  THE  OFFICE  OF  THE
   24  ENVIRONMENTAL EXECUTIVE.
   25    (D)  THE  TASK FORCE SHALL PERIODICALLY CONSULT WITH THE COMMITTEE AND
   26  ANY OTHER APPROPRIATE NON-GOVERNMENTAL STAKEHOLDERS OR  STATE  AGENCIES,
   27  INCLUDING,  BUT  NOT  LIMITED  TO,  THE  OFFICE OF GENERAL SERVICES, THE
   28  DEPARTMENT OF EDUCATION, THE DEPARTMENT OF HEALTH AND THE DEPARTMENT  OF
   29  TRANSPORTATION,  TO  IDENTIFY  OPPORTUNITIES FOR THE INTEGRATION OF LESS
   30  TOXIC PRODUCTS INTO PUBLIC SCHOOLS, HEALTHCARE FACILITIES,  CONSTRUCTION
   31  PROJECTS AND THROUGHOUT THE STATE AND LOCAL GOVERNMENT.
   32    3. MEMBERS OF OTHER TASK FORCES SHALL BE APPOINTED BY THE CHAIR OF THE
   33  COMMITTEE IN CONSULTATION WITH THE MEMBERS OF THE COMMITTEE.
   34    4.  ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTAL EXECU-
   35  TIVE SHALL REPORT TO THE COMMITTEE ON THE PROGRESS  MADE  BY  THE  TOXIC
   36  REDUCTION  TASK FORCE AND ANY OTHER TASK FORCE OVERSEEN BY THE OFFICE OF
   37  THE ENVIRONMENTAL EXECUTIVE IN THE PRIOR FISCAL YEAR TOWARD MEETING  THE
   38  GOALS AND REQUIREMENTS OF THIS ARTICLE.
   39    S  159-F. ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. THE INTERAGENCY
   40  COMMITTEE ON SUSTAINABILITY AND  GREEN  PROCUREMENT  SHALL  DEVELOP  AND
   41  IMPLEMENT  AN  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM. 1. THE ENVI-
   42  RONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL:
   43    (A)  ESTABLISH  MINIMUM  ENVIRONMENTAL  STANDARDS  FOR  PRODUCTS   AND
   44  SERVICES PROCURED BY STATE AGENCIES WHEREVER FEASIBLE AND PRACTICABLE;
   45    (B)  PROVIDE  GUIDANCE  TO  STATE AGENCIES ON HOW TO ENSURE THAT THEIR
   46  PROCUREMENTS ARE IN COMPLIANCE WITH THESE STANDARDS AND ENCOURAGE  STATE
   47  AGENCIES TO ESTABLISH ANNUAL ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
   48  MENT GOALS;
   49    (C) INCLUDE ENVIRONMENTALLY PREFERABLE PRODUCTS IN STATEWIDE CONTRACTS
   50  AND  LIMIT CONTRACT AWARDS TO ENVIRONMENTALLY PREFERABLE PRODUCTS EXCLU-
   51  SIVELY, CONSISTENT WITH ARTICLE ELEVEN OF THIS  CHAPTER  AND  THE  REGU-
   52  LATIONS  THEREUNDER  AND THE ENVIRONMENTALLY PREFERABLE PRODUCT PROCURE-
   53  MENT GOALS AND STANDARDS;
   54    (D) FACILITATE THE PURCHASE, DEMONSTRATION AND USE OF NEW AND  INNOVA-
   55  TIVE ENVIRONMENTALLY PREFERABLE PRODUCTS, TECHNOLOGIES AND SERVICES;
       A. 5296                             7
    1    (E) ENCOURAGE STATE CONTRACTORS TO INCORPORATE ENVIRONMENTALLY PREFER-
    2  ABLE PRODUCTS AND SUSTAINABLE PRACTICES IN THEIR OPERATIONS;
    3    (F)  IMPLEMENT  AN  ENVIRONMENTALLY  PREFERABLE  PRODUCT CERTIFICATION
    4  PROGRAM FOR STATE AGENCIES AND OTHER PUBLIC PURCHASERS AND/OR WORK  WITH
    5  PARTNERS WITHIN AND OUTSIDE THE STATE TO DEVELOP SUCH A CERTIFICATION ON
    6  A NATIONAL LEVEL; AND
    7    (G)  SUPPORT  DEVELOPMENT  OF  APPROPRIATE  TRAINING  AND  OUTREACH ON
    8  PROCURING ENVIRONMENTALLY  PREFERABLE  PRODUCTS  AND  IDENTIFICATION  OF
    9  THEIR FISCAL, ENVIRONMENTAL, AND HEALTH BENEFITS.
   10    2. ON OR BEFORE FEBRUARY FIRST OF EACH YEAR, THE ENVIRONMENTALLY PREF-
   11  ERABLE  PRODUCTS  PROGRAM SHALL REPORT TO THE DIVISION OF BUDGET AND THE
   12  DEPARTMENT OF ENVIRONMENTAL CONSERVATION ON THE  PROGRESS  MADE  IN  THE
   13  PRIOR  FISCAL YEAR TOWARD MEETING THE GOALS SET FORTH IN THIS SECTION AS
   14  WELL AS PROVIDE AVAILABLE  DATA  ON  ACTUAL  ENVIRONMENTALLY  PREFERABLE
   15  PRODUCT PURCHASES AND THEIR ASSOCIATED ENVIRONMENTAL, HEALTH, AND FISCAL
   16  BENEFITS, WHEREVER POSSIBLE.
   17    3. ALL OFFICE OF GENERAL SERVICES STAFF SHALL COOPERATE WITH THE ENVI-
   18  RONMENTALLY PREFERABLE PRODUCTS PROGRAM IN THESE EFFORTS AND INCORPORATE
   19  ENVIRONMENTAL  GOALS  INTO  THE  PERFORMANCE MEASUREMENTS OF PROCUREMENT
   20  OFFICERS AND OTHER APPROPRIATE STAFF.
   21    4. THE STATE PURCHASING AGENT SHALL DIRECT THE NEW YORK  STATE  ENERGY
   22  RESEARCH  AND  DEVELOPMENT  AUTHORITY TO FACILITATE COORDINATION BETWEEN
   23  THE GREEN JOBS-GREEN NEW YORK PROGRAM AND THE ENVIRONMENTALLY PREFERABLE
   24  PRODUCTS  PROGRAM  AND  INCLUDE  ENVIRONMENTALLY   PREFERABLE   PRODUCTS
   25  CONTRACT INFORMATION IN ALL APPROPRIATE TRAINING SESSIONS.
   26    5.  THE  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND
   27  CONDUCT OUTREACH PROGRAMS FOR MUNICIPALITIES AND, IN COLLABORATION  WITH
   28  THE DEPARTMENT OF EDUCATION, ELEMENTARY OR SECONDARY SCHOOLS.
   29    6.  INDEPENDENT  AGENCIES  MAY  ADOPT  THE  ENVIRONMENTALLY PREFERABLE
   30  PRODUCTS POLICIES AND PROGRAMS CONSISTENT WITH THIS SECTION.
   31    S 159-G. STATE AGENCY RESPONSIBILITIES. 1. WHERE STATE  AGENCIES  HAVE
   32  THE  RESPONSIBILITY  AND  OPPORTUNITY  TO  CONDUCT  PROCUREMENTS  AND TO
   33  PURCHASE PRODUCTS AND SERVICES EITHER  THROUGH  STATEWIDE  CONTRACTS  OR
   34  DEPARTMENT  PROCUREMENTS  AND  CONTRACTS, INCLUDING CONSULTANTS, SERVICE
   35  PROVIDERS, AND/OR LEASE  AGREEMENTS,  THEY  SHALL  INCORPORATE  ENVIRON-
   36  MENTALLY  PREFERABLE  PRODUCTS  INTO  THOSE  ACTIVITIES  TO THE GREATEST
   37  EXTENT FEASIBLE.
   38    2. STATE AGENCIES SHALL:
   39    (A) WORK WITH THEIR CONTRACTORS AND AGENCY PERSONNEL  TO  PROVIDE  ALL
   40  NECESSARY  AND  APPROPRIATE  SUPPORT  TO  THE ENVIRONMENTALLY PREFERABLE
   41  PRODUCTS PROGRAM IN AN EFFORT TO ENSURE THAT ANNUAL FISCAL YEAR PURCHAS-
   42  ING DATA IS REPORTED TO THE OFFICE OF  GENERAL  SERVICES  WITHIN  NINETY
   43  DAYS OF THE CLOSE OF EACH FISCAL YEAR;
   44    (B)  EXAMINE THE BENEFITS OF ESTABLISHING ANNUAL ENVIRONMENTALLY PREF-
   45  ERABLE PRODUCT PROCUREMENT GOALS AND CONSULT  WITH  THE  ENVIRONMENTALLY
   46  PREFERABLE PRODUCTS PROGRAM TO TARGET APPROPRIATE PROCUREMENT AREAS;
   47    (C)  SUPPORT  AND ENCOURAGE KEY AGENCY STAFF PARTICIPATION IN ENVIRON-
   48  MENTALLY PREFERABLE PRODUCT PROCUREMENT TRAINING; AND
   49    (D) WORK TO INCORPORATE THE USE OF ENVIRONMENTALLY PREFERABLE PRODUCTS
   50  IN CONTRACTS AUTHORIZED BY THE PUBLIC HEALTH  LAW  AND  THE  REGULATIONS
   51  PROMULGATED   THEREUNDER,   CONSTRUCTION,   RENOVATION  AND  MAINTENANCE
   52  CONTRACTS, FOOD SERVICE CONTRACTS, DISPOSAL CONTRACTS, LEASE AGREEMENTS,
   53  GRANT PROGRAMS, AND OTHER CONTRACTS OVERSEEN BY STATE AGENCIES.
   54    S 159-H. ENVIRONMENTAL PROCUREMENT INITIATIVES. 1. (A) WHEN  PROCURING
   55  PRODUCTS  THAT  CONSUME  ENERGY,  ALL  STATEWIDE  CONTRACTS  AND  AGENCY
   56  PROCUREMENTS  SHALL  FOLLOW  THE  MINIMUM  ENERGY  EFFICIENCY  STANDARDS
       A. 5296                             8
    1  PROMULGATED  BY  THE PRESIDENT OF THE NEW YORK STATE ENERGY RESEARCH AND
    2  DEVELOPMENT AUTHORITY AND TAKE INTO ACCOUNT, IN THE PROCUREMENT'S  SPEC-
    3  IFICATIONS,  THE  LIFETIME  ENERGY  COSTS  NECESSARY  TO  OPERATE ENERGY
    4  CONSUMING PRODUCTS AND EQUIPMENT.
    5    (B)  THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM  SHALL REVIEW
    6  EXISTING STANDARDS AND ESTABLISH MINIMUM ENERGY  PERFORMANCE  STANDARDS,
    7  TAKING  INTO  ACCOUNT  INITIAL  AND  OPERATING COSTS, AND STATE AGENCIES
    8  SHALL ADHERE TO SAID STANDARDS. AT A MINIMUM, UNLESS OTHERWISE SET FORTH
    9  IN THE MINIMUM ENERGY PERFORMANCE STANDARDS, STATE AGENCIES SHALL:
   10    (I) PROCURE ONLY ENERGY STAR RATED OFFICE EQUIPMENT, APPLIANCES, HEAT-
   11  ING, VENTILATING AND AIR CONDITIONING EQUIPMENT, AND OTHER  ENERGY  STAR
   12  RATED  PRODUCTS  UNLESS  SUCH  PRODUCTS  CAN  BE DEMONSTRATED TO BE COST
   13  PROHIBITIVE OVER THEIR LIFE;
   14    (II) ENSURE THAT ALL ENERGY STAR EQUIPMENT HAS THE POWER  SAVING  MODE
   15  ENABLED  AT  THE  TIME  OF  INSTALLATION AND THAT ALL STAFF ARE AWARE OF
   16  THESE FUNCTIONS AND THEIR BENEFITS;
   17    (III) PURCHASE ONLY ENERGY EFFICIENT LIGHT BULBS,  SUCH  AS,  BUT  NOT
   18  LIMITED  TO,  COMPACT  FLUORESCENT LAMPS OR LIGHT EMITTING DIODES UNLESS
   19  THE PURCHASE OF A STANDARD BULB, SUCH AS AN INCANDESCENT,  IS  NECESSARY
   20  FOR A SPECIFIC PURPOSE OR FUNCTION THAT CAN ONLY BE SERVED BY SAID BULB;
   21    (IV)  PROCURE  THE  MOST  EFFICIENT  AND  COST-EFFECTIVE LINEAR LIGHTS
   22  POSSIBLE THAT WILL MEET AGENCY NEEDS  AND,  WHEREVER  POSSIBLE,  REPLACE
   23  OLDER LAMP BALLASTS WITH NEWER MORE EFFICIENT ELECTRONIC BALLASTS;
   24    (V) ENSURE THAT ALL NEW STREET LIGHTS UTILIZE THE MOST EFFICIENT LIGHT
   25  SOURCES  POSSIBLE  AND  THAT ALL TRAFFIC LIGHTS INSTALLED OR REPLACED BY
   26  AGENCIES UTILIZE ONLY LIGHT EMITTING DIODES OR SIMILARLY EFFICIENT TECH-
   27  NOLOGY; AND
   28    (VI) SUPPORT THE PROCUREMENT OF OTHER ENERGY EFFICIENT PRODUCTS  WHER-
   29  EVER  POSSIBLE,  INCLUDING  BUT  NOT LIMITED TO, HIGH EFFICIENCY MOTORS,
   30  TANKLESS WATER HEATERS, PROGRAMMABLE THERMOSTATS,  HEATING,  VENTILATION
   31  AND AIR CONDITIONING UNITS/SYSTEMS AND FOOD SERVICE EQUIPMENT.
   32    2. (A) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM AND STATE AGEN-
   33  CIES  SHALL, WHEREVER FEASIBLE, ELIMINATE PRODUCTS PROCURED BY THE STATE
   34  THAT CONTAIN TOXIC CHEMICALS IN CONCENTRATIONS THAT POSE  A  SIGNIFICANT
   35  THREAT TO THE ENVIRONMENT AND/OR PUBLIC HEALTH.
   36    (B)  WHEN  LESS TOXIC OR NON-TOXIC ALTERNATIVES ARE READILY AVAILABLE,
   37  MEET STATE AGENCY PERFORMANCE REQUIREMENTS, AND  ARE  COST  COMPETITIVE,
   38  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL MOVE PROMPTLY TO
   39  MAKE THESE ALTERNATIVES AVAILABLE  THROUGH  STATEWIDE  CONTRACTS.  STATE
   40  AGENCIES  SHALL PURCHASE ONLY THESE LESS TOXIC OR NON-TOXIC ALTERNATIVES
   41  UNLESS IT CAN BE DEMONSTRATED THAT SUCH ALTERNATIVES  DO  NOT  MEET  THE
   42  ESSENTIAL NEEDS OF THE AGENCY.
   43    (C)  THROUGH BOTH STATEWIDE AND/OR DEPARTMENTAL CONTRACTS, STATE AGEN-
   44  CIES SHALL:
   45    (I) PURCHASE AND USE ONLY THOSE  CLEANING  PRODUCTS,  INCLUDING  FLOOR
   46  FINISHES,  THAT MEET THE ENVIRONMENTAL SPECIFICATIONS ESTABLISHED BY THE
   47  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM;
   48    (II) WITHIN ONE YEAR OF THE EFFECTIVE DATE OF  THIS  ARTICLE,  REQUIRE
   49  CLEANING  SERVICE CONTRACTORS TO UTILIZE CLEANING PRODUCTS THAT MEET THE
   50  SAME OR BETTER ENVIRONMENTALLY PREFERABLE PRODUCT STANDARDS;
   51    (III) REQUIRE PEST CONTROL FIRMS OR LICENSED STATE STAFF TO EMPLOY  AN
   52  INTEGRATED PEST MANAGEMENT APPROACH IN STATE FACILITIES;
   53    (IV)  ENSURE  ADHERENCE TO TITLE TWENTY-ONE OF ARTICLE TWENTY-SEVEN OF
   54  THE  ENVIRONMENTAL  CONSERVATION  LAW  AND  THE  REGULATIONS  THEREUNDER
   55  CONCERNING MERCURY-ADDED CONSUMER PRODUCTS OR DEVELOP STANDARDS THAT THE
   56  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE;
       A. 5296                             9
    1    (V) PROCURE PRODUCTS THAT CONTAIN NO OR LOW AMOUNTS OF VOLATILE ORGAN-
    2  IC  COMPOUNDS  WHEREVER  FEASIBLE,  INCLUDING  BUT NOT LIMITED TO OFFICE
    3  EQUIPMENT, FURNITURE, FLOORING, PAINT, AND CONSTRUCTION MATERIALS; AND
    4    (VI)  PURCHASE COMPUTERS, MONITORS, LAPTOPS, AND OTHER RELEVANT EQUIP-
    5  MENT THAT HAVE ACHIEVED A MINIMUM  SILVER  RATING  FROM  THE  ELECTRONIC
    6  PRODUCTS ENVIRONMENTAL ASSESSMENT TOOL.
    7    (D)  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL WORK WITH
    8  AGENCIES TO DEVELOP BEST MANAGEMENT PRACTICES  AND  SPECIFICATIONS  WITH
    9  THE INTENT OF INCREASING THE PROCUREMENT OF:
   10    (I) LESS TOXIC WATER TREATMENT CHEMICALS AND PROCESSES;
   11    (II) PAPER PRODUCTS PROCESSED WITHOUT ELEMENTAL CHLORINE;
   12    (III)  ORGANIC  AND/OR  LESS  TOXIC  FERTILIZERS, PESTICIDES AND OTHER
   13  LANDSCAPING PRODUCTS;
   14    (IV) VEHICLE TIRES WITH LEAD-FREE WHEEL WEIGHTS;
   15    (V) PACKAGING IN CONFORMANCE WITH THE SPECIFICATIONS DEVELOPED BY  THE
   16  COALITION  OF NORTHEASTERN GOVERNORS DESIGNED TO REDUCE HEAVY METALS AND
   17  TOXICS;
   18    (VI) FURNISHINGS, CLOTHING, AND  OTHER  PRODUCTS  THAT  MEET  REQUIRED
   19  FLAMMABILITY  STANDARDS  WITHOUT THE USE OF TOXIC FLAME RETARDANTS KNOWN
   20  AS POLYBROMINATED DIPHENYL ETHERS; AND
   21    (VII) OTHER PRODUCTS IDENTIFIED BY A TASK  FORCE  ESTABLISHED  BY  THE
   22  COMMITTEE PURSUANT TO SECTION ONE HUNDRED FIFTY-NINE-E OF THIS ARTICLE.
   23    3.  RECYCLED  CONTENT  AND WASTE MINIMIZATION. (A) THE ENVIRONMENTALLY
   24  PREFERABLE PRODUCTS PROGRAM SHALL DEVELOP AND  EXPAND  MINIMUM  RECYCLED
   25  CONTENT  AND  REMANUFACTURED  STANDARDS FOR ALL APPROPRIATE PRODUCTS AND
   26  MATERIALS.
   27    (B) THE ENVIRONMENTALLY PREFERABLE  PRODUCTS  PROGRAM  SHALL  UTILIZE,
   28  WHEREVER  APPLICABLE,  THE  MINIMUM STANDARDS ESTABLISHED BY THE FEDERAL
   29  ENVIRONMENTAL PROTECTION AGENCY'S COMPREHENSIVE  PROCUREMENT  GUIDELINES
   30  AS  SET  FORTH  IN  PART  TWO  HUNDRED FORTY-SEVEN OF TITLE FORTY OF THE
   31  UNITED STATES CODE OF FEDERAL REGULATIONS OR DEVELOP STANDARDS THAT  THE
   32  ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM DEEMS APPROPRIATE.
   33    (C) THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL CONSIDER THE
   34  ULTIMATE  DISPOSAL  OF  PRODUCTS  AND  THEIR  PACKAGING  WHEN DEVELOPING
   35  CONTRACT SPECIFICATIONS  AND  MAKING  CONTRACT  AWARDS.  AGENCIES  SHALL
   36  PROCURE  PRODUCTS  THAT  COMPLY  WITH  ALL  RECYCLED  CONTENT  AND WASTE
   37  REDUCTION  STANDARDS  ESTABLISHED  BY  THE  ENVIRONMENTALLY   PREFERABLE
   38  PRODUCTS PROGRAM.
   39    (D)  THE ENVIRONMENTALLY PREFERABLE PRODUCTS PROGRAM SHALL ENSURE THAT
   40  THE FOLLOWING PRODUCT CATEGORIES CONTAIN MINIMUM RECYCLED CONTENT STAND-
   41  ARDS AND ARE INCLUDED ON STATEWIDE CONTRACTS:
   42    (I) OFFICE PAPER, PRINTED MATERIALS, OFFICE  SUPPLIES,  PACKAGING  AND
   43  STORAGE BOXES;
   44    (II) OFFICE PANELS AND INTERIOR AND EXTERIOR FURNITURE AND EQUIPMENT;
   45    (III) JANITORIAL PAPER PRODUCTS AND TRASH LINERS;
   46    (IV)  TRANSPORTATION  PRODUCTS  SUCH AS ANTIFREEZE, MOTOR OIL, RETREAD
   47  TIRES AND TRAFFIC CONTROL DEVICES;
   48    (V) CARPETING AND FLOORING;
   49    (VI) COMPOST AND MULCH; AND
   50    (VII) PLASTIC CONTAINERS SUCH  AS  RECYCLING  CONTAINERS  AND  COMPOST
   51  BINS.
   52    (E)  THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM SHALL WORK TO
   53  DEVELOP STANDARDS AND CONTRACTS FOR ADDITIONAL RECYCLED CONTENT PRODUCTS
   54  IDENTIFIED BY THE FEDERAL ENVIRONMENTAL PROTECTION  AGENCY'S  COMPREHEN-
   55  SIVE PROCUREMENT GUIDELINES AS SET FORTH IN PART TWO HUNDRED FORTY-SEVEN
   56  OF TITLE FORTY OF THE UNITED STATES CODE OF FEDERAL REGULATIONS, AS WELL
       A. 5296                            10
    1  AS  WATER AND WASTE MINIMIZING PRODUCTS SUCH AS DOUBLE-SIDED COPIERS AND
    2  PRINTERS,  WATERLESS  AND  LOW-FLOW  PLUMBING  DEVICES,  AND  COMPOSTING
    3  TOILETS.
    4    (F)  THE  ENVIRONMENTALLY  PREFERABLE PRODUCTS PROGRAM SHALL ENCOURAGE
    5  VENDOR RESPONSIBILITY FOR THE REUSE OR  RECYCLING  OF  PACKAGING  AND/OR
    6  PRODUCTS AT THE END OF THEIR USEFUL LIFE.
    7    (G)  AGENCIES  SHALL  ENSURE  THAT  THEY INTEGRATE INCREASED RECYCLING
    8  PRACTICES IN THE DISPOSAL OF THEIR OWN WASTE  MATERIALS,  INCLUDING  BUT
    9  NOT  LIMITED  TO  PAPER,  GLASS,  CANS, PLASTIC BOTTLES, CONTAINERS, AND
   10  ELECTRONIC EQUIPMENT. THIS EFFORT SHALL INCLUDE THE POSITIONING OF RECY-
   11  CLING BINS IN THEIR OFFICES AND THE CONTRACTING FOR  RECYCLING  SERVICES
   12  TO PICK UP AND RECYCLE THESE MATERIALS.
   13    4.  IN  DEVELOPING  STANDARDS  AND  SPECIFICATIONS FOR ENVIRONMENTALLY
   14  PREFERABLE PRODUCTS, THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS  PROGRAM
   15  SHALL  ENCOURAGE AND PRIORITIZE THE PROCUREMENT OF GOODS THAT ARE GROWN,
   16  MANUFACTURED, TRANSPORTED, AND HANDLED IN A SUSTAINABLE MANNER USING, TO
   17  THE GREATEST EXTENT FEASIBLE, A LIFE-CYCLE  ANALYSIS  OF  MATERIALS  AND
   18  OTHER  INPUTS INTO THE PRODUCTION OF THE FINAL PRODUCT. SUCH GOODS SHALL
   19  INCLUDE, BUT NOT BE LIMITED TO:
   20    (A) LUMBER AND BUILDING MATERIALS;
   21    (B) ORGANIC AND LOCALLY GROWN FOODS;
   22    (C) COMPOSTABLE FOOD SERVICE PRODUCTS; AND
   23    (D) BIO-BASED PRODUCTS SUCH AS LUBRICANTS, FOOD-SERVICE  WARE,  FUELS,
   24  PLASTICS AND COATINGS.
   25    S  159-I. BUSINESS DEVELOPMENT AND GUIDANCE. THE ENVIRONMENTALLY PREF-
   26  ERABLE PRODUCTS PROGRAM SHALL COLLABORATE WITH RELEVANT  STATE  AGENCIES
   27  TO  PROMOTE ENVIRONMENTALLY PREFERABLE PRODUCTS AND SUSTAINABLE BUSINESS
   28  SOLUTIONS TO NEW YORK COMPANIES AS WELL AS THOSE LOOKING TO RELOCATE  TO
   29  THE  STATE.  SUCH  EFFORTS MAY INCLUDE GUIDANCE ON HOW SUSTAINABLE PRAC-
   30  TICES AND ENVIRONMENTAL PURCHASING CAN RESULT IN A COMPETITIVE EDGE WHEN
   31  BIDDING ON STATEWIDE CONTRACTS AND HOW THE USE OF ENVIRONMENTALLY  PREF-
   32  ERABLE  PRODUCTS CAN REDUCE ENVIRONMENTAL IMPACTS WHILE MINIMIZING OPER-
   33  ATING COSTS.
   34    S 7. The general municipal law is amended  by  adding  a  new  section
   35  109-c to read as follows:
   36    S  109-C.  INTERGOVERNMENTAL  AGREEMENTS.  1.  FOR  PURPOSES  OF  THIS
   37  SECTION, THE TERM "PUBLIC AGENCY" SHALL MEAN  ANY  COUNTY,  CITY,  TOWN,
   38  VILLAGE,  SCHOOL  DISTRICT, IMPROVEMENT DISTRICT OR DISTRICT CORPORATION
   39  OF THE STATE OF NEW YORK.
   40    2. ANY POWER OR POWERS, PRIVILEGE OR PRIVILEGES, AUTHORITY  OR  UNDER-
   41  TAKING,  EXERCISED  OR  CAPABLE OF EXERCISE, OR WHICH MAY BE ENGAGED IN,
   42  AND ANY PUBLIC WORKS WHICH MAY BE UNDERTAKEN, BY A PUBLIC AGENCY  ACTING
   43  ALONE  MAY  BE EXERCISED, ENJOYED, ENGAGED IN OR UNDERTAKEN JOINTLY WITH
   44  ANY OTHER PUBLIC AGENCY WHICH COULD LIKEWISE ACT ALONE.
   45    3. ANY TWO OR MORE PUBLIC AGENCIES MAY ENTER INTO A WRITTEN  AGREEMENT
   46  WITH  ONE  ANOTHER  FOR  JOINT  OR  COOPERATIVE  ACTION  PURSUANT TO THE
   47  PROVISIONS OF THIS SECTION.  APPROPRIATE ACTION BY ORDINANCE, RESOLUTION
   48  OR OTHERWISE PURSUANT TO LAW OF THE GOVERNING BODIES OF THE  PARTICIPAT-
   49  ING  PUBLIC  AGENCIES SHALL BE NECESSARY BEFORE ANY SUCH AGREEMENT SHALL
   50  BECOME EFFECTIVE. ANY SEPARATELY LEGAL OR ADMINISTRATIVE  ENTITY  ESTAB-
   51  LISHED HEREUNDER IS A PUBLIC CORPORATION AND MAY EXIST FOR THE LENGTH OF
   52  TIME SET FORTH IN THE INTERGOVERNMENTAL AGREEMENT.
   53    S  8. Section 409-i of the education law is REPEALED and a new section
   54  409-i is added to read as follows:
       A. 5296                            11
    1    S 409-I.  IMPLEMENTATION OF THE  ENVIRONMENTALLY  PREFERABLE  PRODUCTS
    2  PROGRAM.  1.  FOR  THE PURPOSE OF THIS SECTION THE FOLLOWING TERMS SHALL
    3  MEAN:
    4    (A)  "ELEMENTARY  OR  SECONDARY  SCHOOL"  MEANS  A  FACILITY  USED FOR
    5  INSTRUCTION OF ELEMENTARY OR  SECONDARY  STUDENTS  BY:  (I)  ANY  SCHOOL
    6  DISTRICT,  INCLUDING  A  SPECIAL  ACT  SCHOOL DISTRICT AND A CITY SCHOOL
    7  DISTRICT IN A CITY HAVING A POPULATION OF ONE HUNDRED TWENTY-FIVE  THOU-
    8  SAND  INHABITANTS  OR  MORE,  (II)  A  BOARD  OF COOPERATIVE EDUCATIONAL
    9  SERVICES, (III) A CHARTER SCHOOL, (IV) AN APPROVED  PRIVATE  SCHOOL  FOR
   10  THE  EDUCATION  OF  STUDENTS  WITH  DISABILITIES,  (V) A STATE-SUPPORTED
   11  SCHOOL FOR THE DEAF OR BLIND OPERATED PURSUANT TO ARTICLE EIGHTY-FIVE OF
   12  THIS CHAPTER, AND (VI) ANY OTHER  PRIVATE  OR  PAROCHIAL  ELEMENTARY  OR
   13  SECONDARY SCHOOL.
   14    (B)  "ENVIRONMENTALLY  PREFERABLE  PRODUCTS PROGRAM" MEANS THE PROGRAM
   15  DESCRIBED BY THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F  OF  THE
   16  STATE FINANCE LAW.
   17    2. ELEMENTARY AND SECONDARY SCHOOLS SHALL BE REQUIRED TO IMPLEMENT THE
   18  STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREFERABLE PROGRAM CONSIST-
   19  ENT WITH THE PROVISIONS OF SECTION ONE HUNDRED FIFTY-NINE-F OF THE STATE
   20  FINANCE LAW.
   21    3.  THE  COMMISSIONER  OF  GENERAL  SERVICES  SHALL DISSEMINATE TO ALL
   22  ELEMENTARY AND  SECONDARY  SCHOOLS  GUIDELINES  AND  SPECIFICATIONS  FOR
   23  IMPLEMENTATION OF THE STANDARDS ESTABLISHED BY THE ENVIRONMENTALLY PREF-
   24  ERABLE  PRODUCTS  PROGRAM.  THE  COMMISSIONER  OF GENERAL SERVICES SHALL
   25  PROVIDE ASSISTANCE AND GUIDANCE TO ELEMENTARY AND SECONDARY  SCHOOLS  IN
   26  CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
   27    S 9. Section 163-b of the state finance law is REPEALED.
   28    S  10.  Paragraphs  c,  d,  e, f, g, h, i, l and o of subdivision 4 of
   29  section 261 of the economic development law, paragraphs c, d, e,  f,  g,
   30  h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
   31  as  amended  by  chapter 180 of the laws of 2006, are amended to read as
   32  follows:
   33    c. maintain, provide and market a  compilation  of  existing  programs
   34  providing  incentives  for  new  or  expanded business enterprises which
   35  could be utilized by the  secondary  materials  processing  industry  OR
   36  WHICH   MANUFACTURE,   PRODUCE  OR  PROVIDE  ENVIRONMENTALLY  PREFERABLE
   37  PRODUCTS;
   38    d. promote the utilization of such  incentives  for  new  or  expanded
   39  business  enterprises  which  process  or utilize secondary materials OR
   40  WHICH  MANUFACTURE,  PRODUCE  OR  PROVIDE   ENVIRONMENTALLY   PREFERABLE
   41  PRODUCTS to locate in New York state;
   42    e. promote incentives for existing businesses to expand their utiliza-
   43  tion  of  secondary  materials [and], their adoption of waste prevention
   44  technologies  and  practices   AND   THEIR   DEVELOPMENT,   MANUFACTURE,
   45  PRODUCTION AND PROVISION OF ENVIRONMENTALLY PREFERABLE PRODUCTS;
   46    f.  identify special needs and problems facing the secondary materials
   47  processing industry [and], THE implementation of  waste  prevention  AND
   48  THE  DEVELOPMENT,  MANUFACTURE,  PRODUCTION  AND  PROVISION  OF ENVIRON-
   49  MENTALLY PREFERABLE PRODUCTS within New York state;
   50    g. contact institutions, organizations and commercial enterprises that
   51  are potential consumers of secondary materials and products manufactured
   52  with secondary materials OR ENVIRONMENTALLY PREFERABLE PRODUCTS;  urging
   53  their  expanded  consumption  of [secondary] SUCH materials and products
   54  and establishing markets for such  [secondary]  materials  and  products
   55  through  the  use  of letters of intent and such other techniques as the
   56  commissioner may deem appropriate;
       A. 5296                            12
    1    h. conduct market surveys of  the  potential  consumers  of  secondary
    2  materials  and  products  manufactured  with  secondary materials AND OF
    3  ENVIRONMENTALLY PREFERABLE PRODUCTS;
    4    i.  conduct  surveys  to  determine  the potential supply of secondary
    5  materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS in the state;
    6    l. provide information  concerning  local  and  regional  markets  for
    7  secondary materials AND ENVIRONMENTALLY PREFERABLE PRODUCTS;
    8    o. provide other technical assistance to assist businesses in reducing
    9  the amount of waste generated by their processes and productively use or
   10  provide  for  the  productive use [of others] of wastes which are gener-
   11  ated;
   12    S 11. Subdivision 5 of section 261 of the economic development law, as
   13  amended by chapter 471 of the laws  of  1998,  is  amended  to  read  as
   14  follows:
   15    5.  The department shall fund feasibility studies for testing of waste
   16  prevention technologies or practices [or both] AND ENVIRONMENTALLY PREF-
   17  ERABLE PRODUCTS to reduce the amount of waste and to promote energy  and
   18  resource  conservation by the adoption OR USE of such technologies [or],
   19  practices OR PRODUCTS by small and medium sized firms in New York state.
   20    S 12. Subdivision 10 of section 261 of the economic  development  law,
   21  as  amended  by  chapter  471 of the laws of 1998, is amended to read as
   22  follows:
   23    10. Technical feasibility study.  The  department  shall  require  the
   24  applicant  to  submit a technical feasibility study which identifies and
   25  analyzes in detail the waste prevention  projects  which  the  applicant
   26  wishes  to  implement.  All feasibility studies must include the cost of
   27  implementation, a construction schedule and, a description  of  how  the
   28  project will minimize, reduce or eliminate the generation of wastes, use
   29  or  reuse  wastes,  increase  energy  efficiency  or water conservation,
   30  INCREASE THE MANUFACTURE,  PRODUCTION,  PROVISION  OR  USE  OF  ENVIRON-
   31  MENTALLY  PREFERABLE  PRODUCTS,  improve  air  or  water  quality and/or
   32  improve process economics.
   33    S 13. Subdivision 14 of section 261 of the economic  development  law,
   34  as  amended  by  chapter  524 of the laws of 2005, is amended to read as
   35  follows:
   36    14. Reports. Beginning on January first, nineteen hundred eighty-nine,
   37  the commissioner shall make an annual report to  the  governor  and  the
   38  legislature  which shall include, at a minimum, the status of the activ-
   39  ities undertaken pursuant to paragraphs a, c, d, e, f, i,  j  and  k  of
   40  subdivision  four  of  this  section, the status of any other activities
   41  undertaken pursuant to this article, and recommendations for programs or
   42  policies that will further the objectives of expanding  the  utilization
   43  of  secondary materials recovered for reuse, INCREASING WASTE PREVENTION
   44  AND  SOURCE  REDUCTION,  AND  INCREASING  THE  MANUFACTURE,  PRODUCTION,
   45  PROVISION  AND  USE  OF  ENVIRONMENTALLY  PREFERABLE PRODUCTS within the
   46  state. The provisions of this subdivision shall not be deemed to require
   47  or  authorize  the  disclosure  of  confidential  information  or  trade
   48  secrets.    This  report may be consolidated with the report required by
   49  subdivision four of section two hundred sixty-three of this article.
   50    S 14. The opening paragraph of subdivision 1 of section 3-0311 of  the
   51  environmental conservation law, as amended by chapter 741 of the laws of
   52  1991, is amended to read as follows:
   53    Each state agency as defined in subdivision five of this section shall
   54  annually  audit  the environmental problems created by its operations or
   55  the operations of contractors it has hired and over whom  it  has  exer-
   56  cised or is required to exercise direct oversight, acting in fulfillment
       A. 5296                            13
    1  of  their contracts. Such audit shall identify the extent to which these
    2  operations are in violation of  this  chapter,  or  regulations  adopted
    3  thereunder.    SUCH AUDIT ALSO SHALL EVALUATE THE ENVIRONMENTAL PROBLEMS
    4  CREATED  BY  THE  AGENCY'S  PROCUREMENT  OF COMMODITIES, ITS ENERGY USE,
    5  WASTE PRODUCTION, WATER AND PAPER USE, AND THE USE OF ANY TOXIC  MATERI-
    6  ALS  OF  PRODUCTS  REASONABLY  ANTICIPATED  TO BE CARCINOGENS. Each such
    7  state agency shall submit a report to the department on or before  April
    8  first of each year. The report shall:
    9    S  15.  This  act shall take effect on the sixtieth day after it shall
   10  have become a law; provided, that the amendments to subparagraph  (viii)
   11  of  paragraph b of subdivision 3 of section 163 of the state finance law
   12  made by section five of this act shall not affect  the  repeal  of  such
   13  section  and shall be deemed repealed therewith; provided, however, that
   14  effective immediately, the addition, amendment and/or repeal of any rule
   15  or regulation necessary for the implementation of this act on its effec-
   16  tive date are authorized and directed to be made  and  completed  on  or
   17  before such effective date.