Bill Text: NY A01018 | 2009-2010 | General Assembly | Amended

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-03-31 - enacting clause stricken [A01018 Detail]

Download: New_York-2009-A01018-Amended.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        1018--A
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 7, 2009
                                      ___________
       Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
         tee  on  Local  Governments  --  committee  discharged,  bill amended,
         ordered reprinted as amended and recommitted to said committee
       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    S  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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD00863-02-9
       A. 1018--A                          2
    1  in  subdivision  one  of  section  two hundred sixty-one of the economic
    2  development law, and which meets the requirements of subdivision two  of
    3  section  27-0717  of  the environmental conservation law and regulations
    4  promulgated pursuant thereto[. For the purpose of this section,];
    5    (B)  "RENEWABLE  ENERGY RESOURCES" SHALL MEAN SOLAR, WIND, PHOTOVOLTA-
    6  ICS, TIDAL, GEOTHERMAL AND FUEL CELL TECHNOLOGIES; AND
    7    (C) "reasonably competitive" shall mean:
    8    (I) that the cost of the recycled  product  does  not  exceed  a  cost
    9  premium  of  ten  percent above the cost of a comparable product that is
   10  not a recycled product or, if at least fifty percent  of  the  secondary
   11  materials utilized in the manufacture of that product are generated from
   12  the  waste  stream  in  New York state, the cost of the recycled product
   13  does not exceed a cost premium of fifteen percent above the  cost  of  a
   14  comparable product that is not a recycled product; OR
   15    (II)  THAT THE COST OF THE RENEWABLE ENERGY RESOURCE DOES NOT EXCEED A
   16  COST PREMIUM OF FIFTEEN PERCENT ABOVE THE COST OF A  COMPARABLE  PRODUCT
   17  THAT IS NOT A RENEWABLE ENERGY RESOURCE.
   18    2.  Whenever such officer, board or agency shall purchase or cause the
   19  purchase of printing on recycled paper pursuant to this section,  he  or
   20  she  shall  require  the  printed material to contain the official state
   21  recycling emblem established pursuant  to  subdivision  two  of  section
   22  27-0717 of the environmental conservation law and regulations promulgat-
   23  ed pursuant thereto if such paper has been approved by the department of
   24  environmental  conservation as satisfying the requirements of such stat-
   25  ute and regulations, or, if such paper has not been so approved, require
   26  the printed material to include a printed statement which indicates  the
   27  percentages  of pre-consumer and post-consumer recycled material content
   28  of such paper.
   29    S 2. This act shall take effect on the first of January next  succeed-
   30  ing  the  date  on  which it shall have become a law; provided, however,
   31  that effective immediately, the addition, amendment and/or repeal of any
   32  rule or regulation necessary for the implementation of this act  on  its
   33  effective  date  are authorized and directed to be made and completed on
   34  or before such effective date.