Bill Text: NY S00036 | 2017-2018 | General Assembly | Introduced
Bill Title: Enacts the "New York state healthy and green procurement act".
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - REFERRED TO FINANCE [S00036 Detail]
Download: New_York-2017-S00036-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 36 2017-2018 Regular Sessions IN SENATE (Prefiled) January 4, 2017 ___________ Introduced by Sens. HOYLMAN, AVELLA -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, the economic development law and the environmental conservation law, in relation to the state procure- ment process and to healthy and green procurement 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 healthy and green procurement act". 3 § 2. Legislative findings and declaration. The legislature hereby 4 finds and declares that: 5 (a) As New York moves into the twenty-first century the state should 6 serve as a role model for practices that will create and maintain a 7 healthy environment and vibrant economy. The manufacture, use and 8 disposal of commodities and technologies, the construction of buildings 9 and the provision of services utilizing toxic chemicals may have adverse 10 impacts on public health and the environment. Persistent, bioaccumula- 11 tive toxic chemicals, such as mercury, lead, dioxin and poly brominated 12 diphenyl ethers, are toxic in small amounts, remain in the environment 13 for long periods of time, and build to dangerous levels in humans, fish 14 and other animals; and this group of pollutants known as persistent 15 bioaccumulative toxic chemicals (PBT) pose risks to public health and 16 the environment through their ability to cause cancer, birth defects and 17 endocrine disruption. Such chemicals have polluted hundreds of water 18 bodies, fish and waterfowl in the state. These adverse impacts impose 19 costs on the state and, ultimately, society as a whole in the form of 20 injury, disease and death; health care expenses; disposal, liability and 21 cleanup costs; the waste of resources and raw materials; and an impaired 22 natural environment. PBT and cancer-causing chemicals may be found in a 23 wide range of consumer products purchased by state agencies, including EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05846-01-7S. 36 2 1 lighting supplies, computers and other office equipment, vehicles, 2 medical equipment, building supplies and printing inks. Encouraging 3 innovation, and creating and choosing the safest, most sustainable 4 commodities, services and technologies will help to ensure a higher 5 quality of life for present and future generations. It will put New York 6 businesses in an advantageous position to compete in the global market- 7 place. 8 (b) New York looks forward to the time when the state's power is 9 generated from renewable and clean sources, when our homes, schools, 10 businesses and government facilities are energy efficient and 11 constructed, refurbished and maintained using healthy and green products 12 and practices, when pollution prevention is embraced by government and 13 businesses as a way to save money and protect public health and the 14 environment, when government and citizens use energy efficient and clean 15 vehicles, when pests are controlled with nontoxic or least toxic alter- 16 natives, when our production of waste is significantly reduced and the 17 rest is recycled, and when our homes, schools, workplaces, food, air and 18 water are free from toxic contaminants. 19 (c) Protecting public health and the environment is consistent with 20 the traditional considerations associated with state procurement prac- 21 tice, including lowest price, best value, quality, cost and efficiency. 22 Determining quality, value and efficiency should include the consider- 23 ation of public health and environmental impacts. Considering such 24 impacts early in the procurement process and adopting an ethic of 25 pollution prevention will not only reduce pollution and waste, it will 26 reduce costs throughout a commodity, service or technology's life cycle. 27 (d) Through the volume of government procurement, government can play 28 a significant role in spurring private sector development of high value 29 commodities and services. This, in turn, will create business and 30 employment opportunities in New York state, foster competition and 31 harness the energy of the market to produce products and services that 32 perform better and cost less. As supply increases, prices will decrease, 33 and high performance, healthy and green commodities, services and tech- 34 nologies will become more affordable for all consumers. 35 § 3. Subdivision 5 of section 160 of the state finance law, as added 36 by chapter 83 of the laws of 1995, is amended to read as follows: 37 5. "Costs" as used in this article shall be quantifiable and may 38 include, without limitation, the price of the given good or service 39 being purchased; the administrative, training, storage, maintenance or 40 other overhead associated with a given good or service; the value of 41 warranties, delivery schedules, financing costs and foregone opportunity 42 costs associated with a given good or service; and the life span and 43 associated life cycle costs of the given good or service being 44 purchased. Life cycle costs may include, but shall not be limited to, 45 costs or savings associated with raw materials, production, manufactur- 46 ing, construction, packaging, distribution, use, energy use, mainte- 47 nance, operation, and salvage or disposal, and, if such information is 48 readily available, any indirect associated public health and environ- 49 mental costs. 50 § 4. Paragraph a of subdivision 1 of section 161 of the state finance 51 law, as amended by chapter 452 of the laws of 2012, is amended to read 52 as follows: 53 a. The state procurement council shall continuously strive to improve 54 the state's procurement process. Such council shall consist of [twen-55ty-one] twenty-five members, including the commissioner, the state comp- 56 troller, the director of the budget, the chief diversity officer [and],S. 36 3 1 the commissioner of economic development, the commissioner of health, 2 and the commissioner of environmental conservation, or their respective 3 designees; [seven] five members who shall be the heads of other large 4 and small state agencies chosen by the governor, or their respective 5 designees; one member, appointed by the governor, representing a not- 6 for-profit New York-based organization engaged in the marketing and/or 7 promotion of New York grown farm and agricultural products or a not-for- 8 profit New York-based organization engaged solely in the advocacy, 9 marketing and/or promotion of organic New York grown farm and agricul- 10 tural products to be limited to a two year term; and [eight] twelve at 11 large members appointed as follows: [three] five appointed by the tempo- 12 rary president of the senate, one of whom shall be a representative of 13 local government [and], one of whom shall be a representative of private 14 business, and one of whom shall be a representative of an organization 15 whose prime function is the enhancement of public health or the environ- 16 ment; [three] five appointed by the speaker of the assembly, one of whom 17 shall be a representative of local government [and], one of whom shall 18 be a representative of private business, and one of whom shall be a 19 representative of an organization whose prime function is the enhance- 20 ment of public health or the environment; one appointed by the minority 21 leader of the senate; and, one appointed by the minority leader of the 22 assembly; and two non-voting observers appointed as follows: one 23 appointed by the temporary president of the senate and one appointed by 24 the speaker of the assembly. The non-voting observers shall be provided, 25 contemporaneously, all documentation and materials distributed to 26 members. The council shall be chaired by the commissioner and shall meet 27 at least quarterly. 28 § 5. The state finance law is amended by adding a new section 164-a to 29 read as follows: 30 § 164-a. Healthy and green procurement. 1. Healthy and green procure- 31 ment policy. It is hereby declared to be the policy of the state to the 32 extent practicable to purchase commodities, services and technologies 33 that minimize potential adverse impacts on public health and the envi- 34 ronment when compared with competing commodities, services or technolo- 35 gies that serve the same purpose. 36 2. Definitions. For the purposes of this section, the following terms 37 shall have the following meanings unless otherwise specified: 38 a. "Pollution prevention" shall mean pollution prevention as defined 39 in article twenty-eight of the environmental conservation law. 40 b. "Priority toxic substances of concern" shall include, but not be 41 limited to, any substance listed as known to be or reasonably antic- 42 ipated, pursuant to the National Toxicology Program report on carcino- 43 gens, to be a human carcinogen in the national toxicology program's 44 biennial report on carcinogens submitted to the United States Congress 45 by the secretary of health and human services; and any substance identi- 46 fied as a persistent and/or bioaccumulative toxic substance on lists 47 maintained by the United States environmental protection agency, includ- 48 ing the national partnership for environmental priorities; or the inter- 49 national joint commission created pursuant to the Great Lakes water 50 quality agreement of 1978; and perfluorinated compounds, dioxin, bromi- 51 nated flame retardants and bisphenol A due to their toxicity in 52 production, use and disposal. 53 3. Minimum specifications for healthy and green procurement. Consist- 54 ent with determinations of need required by subdivision five of section 55 one hundred sixty-three of this article, all state agencies shallS. 36 4 1 procure commodities, services and technologies that meet or exceed the 2 following minimum specifications: 3 a. Recycled content. All copy paper and other paper supplies for which 4 the United States environmental protection agency has developed recycled 5 content recommendations pursuant to section six thousand two of the 6 federal resource conservation and recovery act shall be required to meet 7 or exceed the agency's minimum post-consumer material content percent- 8 ages recommended in the most recent recovered materials advisory notice 9 issued for such commodity in the federal register; provided, however, 10 that xerographic paper shall contain no less than thirty percent post- 11 consumer recycled content. The commissioner shall also make available to 12 all agencies, one hundred percent post-consumer, processed chlorine-free 13 copy paper. All agencies shall print publications on recycled paper, and 14 minimum percentages shall be met unless costs for such paper exceed the 15 cost of other available commodities by more than ten percent. 16 b. Waste reduction. Agencies shall seek to reduce waste in products 17 and packaging, including the formulation of policies to promote the use 18 of double-sided copying and printing to the greatest extent practicable. 19 Agencies shall favor durability, repairability and reuse when purchasing 20 supplies. The commissioner shall establish minimum specifications for 21 waste reduction within twelve months of the effective date of this 22 section. 23 c. Energy efficiency. All commodities for which the federal energy 24 management program of the United States department of energy has issued 25 product energy efficiency recommendations shall meet or exceed such 26 recommendations. Agencies shall seek to achieve reductions in energy 27 and petroleum consumption; adhere to energy star building criteria; seek 28 out office space and real estate investments in buildings with energy 29 star rating; and follow the public service commission's renewable port- 30 folio standard to increase the purchase of renewable energy so that at 31 least twenty-five percent of the overall annual electric energy require- 32 ments of buildings owned, leased or operated by state agencies will be 33 renewable energy by two thousand twenty-two. 34 d. Green buildings. All capital projects with an estimated 35 construction cost of two million dollars or more involving (1) the 36 construction of a new building, (2) an addition to an existing building, 37 or (3) the substantial reconstruction of an existing building shall be 38 designated and constructed to comply with building standards not less 39 stringent than the standards prescribed by the United States green 40 building council leadership in energy and environmental design silver 41 rating and standards set forth in the definition of a "green base build- 42 ing" as defined in section nineteen of the tax law, or any portion ther- 43 eof, any modification of or amendments thereto, and to utilize materials 44 which do not contain polyvinyl chloride to the greatest extent practica- 45 ble. In addition, all state-owned and operated buildings of fifty thou- 46 sand square feet or larger shall be operated to meet such standards for 47 existing buildings to the maximum extent practicable that is cost effec- 48 tive by not later than two thousand twenty-one. 49 4. Specifications to incorporate healthy and green procurement. a. 50 Beginning one year after the effective date of this section, all state 51 agencies, when procuring commodities, services or technology pursuant to 52 section one hundred sixty-three of this article, shall follow practices 53 and develop solicitation specifications that meet or exceed the minimum 54 specifications for healthy and green procurement established in subdivi- 55 sion three of this section. All such contracts shall include a statement 56 describing how such minimum specifications were met.S. 36 5 1 b. In the event that an agency receives no bids or proposals that meet 2 the specifications developed pursuant to paragraph a of this subdivi- 3 sion, such agency may withdraw the request for bids or proposals and 4 begin a new procurement with new specifications without such specifica- 5 tions and award a contract in accordance with other applicable statutes; 6 provided, however that such agency shall document the reasons why such 7 procurement does not meet the minimum specifications for healthy and 8 green procurement established in this subdivision and submit such 9 documentation to the commissioner for inclusion in the annual report 10 required pursuant to this section and to the office of the comptroller 11 for inclusion in the procurement record. 12 5. Balancing healthy and green procurement with price, lowest cost and 13 best value. 14 a. Nothing in this section shall be construed as requiring a state 15 agency to procure a commodity, service or technology that does not meet 16 the form, function and utility required by such agency, or as requiring 17 a state agency to procure a commodity, service or technology the cost of 18 which exceeds the cost of an alternative available commodity or service 19 by more than ten percent. 20 b. When determining and comparing costs, state agencies shall consider 21 cost as defined in section one hundred sixty of this article. 22 6. Healthy and green procurement officer, coordinators, coordinating 23 council. 24 a. Within one hundred eighty days of the effective date of this 25 section, the commissioner shall assign an individual within the office 26 of general services to serve as the state healthy and green procurement 27 officer. Such officer shall assist the commissioner with carrying out 28 his or her duties under this section, including but not limited to: 29 (i) assisting the commissioner with the development and provision of 30 guidance for healthy and green procurement pursuant to this section; 31 (ii) the identification of at least three "target categories" of 32 commodities, services and/or technologies annually pursuant to this 33 section; 34 (iii) the development of criteria for the evaluation of commodities, 35 services and/or technologies within targeted categories; 36 (iv) the creation of approved healthy and green supplies lists; 37 (v) the evaluation of current state agency procurement practices and 38 the tracking of progress in implementing the healthy and green procure- 39 ment policy, including the integration of environmentally preferable 40 purchasing and healthy and green supplies lists for all new purchasing 41 of products, services and technologies in target categories; 42 (vi) the development of the environmental audit program; 43 (vii) consideration of additional priority toxic substances of concern 44 as recommended by the department of environmental conservation and the 45 department of health; 46 (viii) the development of guidelines for public participation; 47 (ix) the design and implementation of training, outreach and education 48 programs; 49 (x) develop metrics for measuring progress in implementing the healthy 50 and green procurement policy, criteria and minimum specifications, 51 including the identification of milestones and quantifiable goals that 52 can be used to measure such progress; 53 (xi) the preparation and submittal of annual reports and the perform- 54 ance of a comprehensive five year review; and 55 (xii) advise the governor and the legislature regarding the implemen- 56 tation of the healthy and green procurement policy.S. 36 6 1 b. Within one hundred eighty days of the effective date of this 2 section, each state agency with one hundred employees or more shall 3 assign an individual within such agency to serve as the agency's 4 sustainable procurement coordinator. 5 7. Target commodity, service and/or technology categories. Within 6 twelve months of the effective date of this section and annually there- 7 after, the commissioner, in consultation with the state procurement 8 council, shall identify a minimum of three "target categories" of 9 commodities, services and/or technologies, which for the purposes of 10 this chapter shall mean categories of commodities, services and/or tech- 11 nologies procured by the state which may have an adverse impact on 12 public health or the environment and for which healthy and green commod- 13 ities, services or technologies should be identified and substituted. 14 8. Environmentally preferable purchasing criteria for healthy and 15 green procurement. Within twelve months of the identification and recom- 16 mendation of at least three "target categories" pursuant to subdivision 17 seven of this section, the commissioner, in consultation with the state 18 procurement council shall develop environmentally preferable purchasing 19 criteria for the evaluation and procurement of products, services and/or 20 technologies within such targeted categories. The following factors 21 shall be considered in the development of such criteria: 22 a. Protection of public health and the environment and the conserva- 23 tion of natural resources; 24 b. The protection of drinking water, groundwater, surface water and 25 air (including indoor air); and the protection of ecological systems; 26 c. Pollution prevention, including, but not limited to, considering 27 healthy and green procurement during the design phase of customized 28 commodities, services or technologies; 29 d. Avoidance of priority toxic substances; and 30 e. Positive life cycle attributes, including but not limited to the 31 minimization of potential adverse impacts on public health and the envi- 32 ronment associated with raw materials acquisition, production, manufac- 33 turing, packaging, transportation, distribution, use, operation, mainte- 34 nance and disposal. 35 9. Healthy and green supply lists. 36 a. For each target commodity, service and/or technology category iden- 37 tified and recommended pursuant to subdivision seven of this section, 38 the commissioner, in consultation with the state procurement council, 39 shall approve specific commodities, services and/or technologies as 40 consistent with the healthy and green procurement policy, minimum spec- 41 ifications, and environmentally preferable purchasing criteria estab- 42 lished in subdivisions one, three and eight of this section. Such 43 commodity, service or technology shall then be added to an approved 44 healthy and green supply list for such category. 45 b. The commissioner shall create an approved healthy and green supply 46 list pursuant to the requirements of the state administrative procedure 47 act, for a target commodity, service and/or technology category no later 48 than twelve months following the identification and recommendation of 49 such category pursuant to subdivision seven of this section, and shall 50 review and revise approved lists annually. 51 10. Procurement from healthy and green supply lists. a. When procur- 52 ing a commodity, service or technology within a targeted category for 53 which an approved healthy and green supply list has been created, state 54 agencies shall procure such commodity, service or technology from such 55 list.S. 36 7 1 b. When a state agency wants to procure a commodity, service or tech- 2 nology within a targeted category for which an approved healthy and 3 green supply list has been created, but such commodity, service or tech- 4 nology does not appear on such list, such agency must obtain a waiver 5 from the requirements of this subdivision from the commissioner, 6 provided, however, that such waiver shall not be required for the 7 purchase of commodities, services and/or technologies from the list 8 available for purchase from preferred sources maintained by the commis- 9 sioner pursuant to section one hundred sixty-two of this article. An 10 application for such a waiver shall be filed with the commissioner, who 11 shall notify the public, provide for a public comment period, and render 12 a written decision on such application within forty-five days. A waiver 13 may be granted when no commodity, service and/or technology on such 14 approved alternatives list meets an agency's performance standards. In 15 order to obtain a waiver, the state agency requesting the waiver must 16 show that it has: 17 (i) thoroughly tested each commodity or technology, or thoroughly 18 investigated each service, on the approved supply list and none meet the 19 agency's performance standards; 20 (ii) disclosed the use and intensity of use for the commodity, service 21 or technology and developed a reasonable plan to minimize the use of the 22 selected commodity, service or technology and protect employees and the 23 public from exposure to any priority toxic substance of concern; and 24 (iii) prepared a plan to investigate alternatives to the selected 25 commodity, service or technology during the waiver period. 26 c. A state agency may procure a commodity, service or technology 27 through a process that does not comply with this subdivision when the 28 purchase of a commodity, service or technology is necessary to respond 29 to an emergency which endangers public health or safety, provided such 30 agency shall within seven business days file a written report with the 31 commissioner and the office of the comptroller, which shall become part 32 of the procurement record. The report shall contain the following infor- 33 mation: 34 (i) a description of the emergency that prevented compliance with this 35 subdivision; 36 (ii) the name of the commodity or technology, or a description of the 37 service, its use and intensity of use; 38 (iii) a description of the steps being taken to safeguard public 39 health and safety during the emergency; and 40 (iv) an explanation of how such an emergency can be avoided in the 41 future. 42 11. Tracking of procurement practices and data. Within twelve months 43 of the effective date of this section, the commissioner, in consultation 44 with the state procurement council, shall: 45 a. review all procurement regulations, generic solicitation language, 46 specifications and procedures to ensure that they do not conflict with 47 the healthy and green procurement policy, minimum specifications and 48 criteria established pursuant to subdivisions one, three and eight of 49 this section. 50 b. develop metrics and identification of milestones and quantifiable 51 goals that can be used to measure progress in implementing the state's 52 healthy and green procurement policy. 53 c. develop an efficient and practicable method for collecting and 54 compiling procurement data from state agencies, including but not limit- 55 ed to estimates of the volume spent, quantity purchased, and general 56 purchasing trends for commodities, services and technologies, includingS. 36 8 1 healthy and green commodities, services and technologies included in an 2 approved supply list or a centralized contract. 3 12. Training, outreach and education. a. With the assistance of the 4 department of environmental conservation, the department of health, and 5 the office of the comptroller, the commissioner, within twelve months of 6 the effective date of this section, shall design and begin implementa- 7 tion of a healthy and green procurement training program for senior 8 managers and state agency staff involved in procurement to familiarize 9 them with their responsibilities under this section and ensure the 10 effective and efficient implementation of the provisions of this 11 section. Such program shall provide for new employee training and ongo- 12 ing training. 13 b. With the assistance of the department of environmental conservation 14 and the department of health, the commissioner, within eighteen months 15 of the effective date of this section, shall: 16 (i) design and begin implementation of a healthy and green education 17 and outreach program for agency procurement staff, to ensure that all 18 procurement staff are aware of the state's preference for healthy and 19 green commodities, services and technologies. 20 (ii) design and begin implementation of an education and outreach 21 program for contractors and vendors to provide them with information 22 about the development of healthy and green commodities, services and 23 technologies and implementation of the provisions of this section. 24 13. Annual report to the governor and legislature. Within eighteen 25 months of the effective date of this section, and annually thereafter in 26 November, the commissioner shall submit a written report to the gover- 27 nor, the speaker of the assembly and the temporary president of the 28 senate. Such report shall include: 29 a. identification of the specific measures taken by state agencies, 30 and an evaluation of the effectiveness of such measures, to implement 31 the healthy and green procurement policy, including progress made toward 32 the achievement of any milestones or quantifiable goals identified by 33 the commissioner pursuant to subdivision eleven of this section and, to 34 the extent practicable, a qualitative assessment of the health and envi- 35 ronmental benefits of the policy; 36 b. evaluation of the resources available to implement such policy, and 37 whether such resources are sufficient; 38 c. recommendations for legislation or any other specific actions or 39 changes needed to effectively implement the provisions of this section; 40 d. a list of target commodity, service and/or technology categories 41 and approved healthy and green supply lists identified and created 42 pursuant to subdivisions seven and nine of this section; 43 e. a list of healthy and green commodities, services and technologies 44 available for purchase through centralized contracts; 45 f. a compilation of procurement data collected using methods developed 46 pursuant to subdivision eleven of this section; 47 g. additions to the list of priority toxic substances of concern made 48 by the department of environmental conservation and the department of 49 health; 50 h. an analysis of the measures taken to train, educate and assist 51 state agency staff, vendors and contractors; and 52 i. a plan for the next reporting period that identifies specific 53 goals, actions and timelines necessary to implement the healthy and 54 green procurement policy. 55 § 6. Paragraphs b and h of subdivision 1 of section 261 of the econom- 56 ic development law, paragraph b as amended by chapter 471 of the laws ofS. 36 9 1 1998, and paragraph h as amended by section 14 of part SS of chapter 59 2 of the laws of 2009, are amended and a new paragraph i is added to read 3 as follows: 4 b. "Eligible applicant" or "applicant" shall mean: a small to medium 5 size business or nonprofit organization which employs less than five 6 hundred workers or has gross annual sales of less than ten million 7 dollars; or any entity granted preferred source status for the purposes 8 of state procurement pursuant to section one hundred sixty-two of the 9 state finance law. 10 h. "Eligible project" shall mean actions taken by or on behalf of [a11New York business] an eligible applicant involving the acquisition, 12 construction, alteration, repair or improvement of a building, fixtures, 13 machinery or equipment; the redesign, modification, upgrade or replace- 14 ment of processes, procedures, work practices or technology; the refor- 15 mulation or redesign of products; or improvements in housekeeping, main- 16 tenance, training or inventory control, provided that such project 17 results in: 18 (i) source reduction or material substitution, provided that the 19 substitution of one hazardous substance, product or nonproduct output 20 for another does not result in the creation of a new risk, 21 (ii) in-process recycling, 22 (iii) recycling or reuse of non-hazardous solid wastes, 23 (iv) increased energy efficiency, 24 (v) conservation of the use of water or other natural resources 25 improvements in process economics, 26 (vi) elimination of the purchase of materials, the production of which 27 for the use of said firm would result in more waste or resource consump- 28 tion, [or] 29 (vii) the development, manufacture, production or provision of healthy 30 and green commodities, services or technologies as defined in section 31 one hundred sixty-four-a of the state finance law, or 32 (viii) other practices or technologies that reduce the use of hazard- 33 ous materials or otherwise improve air or water quality. 34 The term "eligible project" shall also include actions taken by or on 35 behalf of a business to support costs of equipment, and/or the acquisi- 36 tion and/or rehabilitation of real property or structures located or to 37 be located in the state related to the collecting, sorting, and packag- 38 ing of empty beverage containers as such terms are defined in title ten 39 of article twenty-seven of the environmental conservation law. Such 40 actions shall be eligible for state assistance payments under the bever- 41 age container assistance program pursuant to section 27-1018 of the 42 environmental conservation law. 43 The term "eligible project" shall not include end of pipe pollution 44 control technologies or practices where such controls or practices are 45 designed primarily to achieve compliance with the environmental conser- 46 vation law or regulations promulgated pursuant thereto, or energy recov- 47 ery or incineration, or out-of-process recycling or reuse of hazardous 48 waste or hazardous substances. 49 i. "Healthy and green commodity, service or technology" shall mean any 50 commodity, service or technology consistent with the healthy and green 51 procurement policy, criteria and minimum specifications established in 52 subdivisions one, three and four of section one hundred sixty-four-a of 53 the state finance law. 54 § 7. Paragraphs c, d, e, f, g, h, i, l and o of subdivision 4 of 55 section 261 of the economic development law, paragraphs c, d, e, f, g, 56 h, i and l as amended by chapter 471 of the laws of 1998 and paragraph oS. 36 10 1 as amended by chapter 180 of the laws of 2006, are amended to read as 2 follows: 3 c. maintain, provide and market a compilation of existing programs 4 providing incentives for new or expanded business enterprises which 5 could be utilized by the secondary materials processing industry or 6 which manufacture, produce or provide healthy and green commodities, 7 services or technologies; 8 d. promote the utilization of such incentives for new or expanded 9 business enterprises which process or utilize secondary materials or 10 which manufacture, produce or provide healthy and green commodities, 11 services or technologies to locate in New York state; 12 e. promote incentives for existing businesses to expand their utiliza- 13 tion of secondary materials [and], their adoption of waste prevention 14 technologies and practices and their development, manufacture, 15 production and provision of healthy and green commodities, services or 16 technologies; 17 f. identify special needs and problems facing the secondary materials 18 processing industry [and], the implementation of waste prevention and 19 the development, manufacture, production and provision of healthy and 20 green commodities, services or technologies within New York state; 21 g. contact institutions, organizations and commercial enterprises that 22 are potential consumers of secondary materials and products manufactured 23 with secondary materials or healthy and green commodities, services or 24 technologies; urging their expanded consumption of [secondary] such 25 materials [and], products, commodities, services and technologies and 26 establishing markets for such [secondary] materials [and], products, 27 commodities, services and technologies through the use of letters of 28 intent and such other techniques as the commissioner may deem appropri- 29 ate; 30 h. conduct market surveys of the potential consumers of secondary 31 materials and products manufactured with secondary materials and of 32 healthy and green commodities, services or technologies; 33 i. conduct surveys to determine the potential supply of secondary 34 materials and healthy and green commodities, services or technologies in 35 the state; 36 l. provide information concerning local and regional markets for 37 secondary materials and healthy and green commodities, services or tech- 38 nologies; 39 o. provide other technical assistance to assist businesses in reducing 40 the amount of waste generated by their processes and productively use or 41 provide for the productive use [of others] of wastes which are gener- 42 ated; 43 § 8. Subdivision 5 of section 261 of the economic development law, as 44 amended by chapter 471 of the laws of 1998, is amended to read as 45 follows: 46 5. The department shall fund feasibility studies for testing of waste 47 prevention technologies or practices [or both] and healthy and green 48 commodities, services and technologies to reduce the amount of waste and 49 to promote energy and resource conservation by the adoption or use of 50 such technologies [or], practices, commodities and services by small and 51 medium sized firms in New York state. 52 § 9. Subdivision 10 of section 261 of the economic development law, as 53 amended by chapter 471 of the laws of 1998, is amended to read as 54 follows: 55 10. Technical feasibility study. The department shall require the 56 applicant to submit a technical feasibility study which identifies andS. 36 11 1 analyzes in detail the waste prevention projects which the applicant 2 wishes to implement. All feasibility studies must include the cost of 3 implementation, a construction schedule and, a description of how the 4 project will minimize, reduce or eliminate the generation of wastes, use 5 or reuse wastes, increase energy efficiency or water conservation, 6 increase the manufacture, production, provision or use of healthy and 7 green commodities, services or technologies, improve air or water quali- 8 ty and/or improve process economics. 9 § 10. Subdivision 14 of section 261 of the economic development law, 10 as amended by chapter 524 of the laws of 2005, is amended to read as 11 follows: 12 14. Reports. Beginning on January first, nineteen hundred eighty-nine, 13 the commissioner shall make an annual report to the governor and the 14 legislature which shall include, at a minimum, the status of the activ- 15 ities undertaken pursuant to paragraphs a, c, d, e, f, i, j and k of 16 subdivision four of this section, the status of any other activities 17 undertaken pursuant to this article, and recommendations for programs or 18 policies that will further the objectives of expanding the utilization 19 of secondary materials recovered for reuse, increasing waste prevention 20 and source reduction, and increasing the manufacture, production, 21 provision and use of healthy and green commodities, services and tech- 22 nologies within the state. The provisions of this subdivision shall not 23 be deemed to require or authorize the disclosure of confidential infor- 24 mation or trade secrets. This report may be consolidated with the 25 report required by subdivision four of section two hundred sixty-three 26 of this article. 27 § 11. The opening paragraph of subdivision 1 of section 3-0311 of the 28 environmental conservation law, as amended by chapter 741 of the laws of 29 1991, is amended to read as follows: 30 Each state agency as defined in subdivision five of this section shall 31 annually audit the environmental problems created by its operations or 32 the operations of contractors it has hired and over whom it has exer- 33 cised or is required to exercise direct oversight, acting in fulfillment 34 of their contracts. Such audit shall identify the extent to which these 35 operations are in violation of this chapter, or regulations adopted 36 thereunder. Such audit also shall evaluate the environmental problems 37 created by the agency's procurement of commodities, its energy use, 38 waste production, water and paper use, and the use of any toxic materi- 39 als of products reasonably anticipated to be carcinogens. Each such 40 state agency shall submit a report to the department on or before April 41 first of each year. The report shall: 42 § 12. This act shall take effect on the one hundred eightieth day 43 after it shall have become a law and shall apply only to state procure- 44 ment contracts where the request for proposals or the request for bids 45 was issued after the effective date of this act; provided, however, that 46 effective immediately, the addition, amendment and/or repeal of any rule 47 or regulation necessary for the implementation of this act on its effec- 48 tive date are authorized and directed to be made and completed on or 49 before such effective date.
