Relates to state environmental purchasing and intergovernmental agreements; repealer

SUMMARY OF PROVISIONS:. Section 1: Titles the bill as the "New York state environmental purchasing act."

Section 2: Subdivision 5 of section 160 of the state finance law is amended to make technical corrections to the definition of "costs", whereas life cycle costs may include, but shall not be limited to, costs or savings associated with raw materials, production, manufacturing, construction, packaging, distribution, use, energy use, maintenance, operation, and salvage or disposal, and any associated public health or environmental costs.

Section 3: Paragraph a of subdivision 1 of section 161 of the state finance law is amended to make technical corrections reflecting that the state environmental procurement council shall consist of twenty-one members, including the commissioner of environmental conservation or their respective designee, as well as six members who shall be the heads of other state agencies chosen by the governor; ten at large members, four appointed temporary president of the senate, one of whom shall be a representative of an organization whose prime function is the enhance- ment of public health or the environment; and four appointed by the speaker of the assembly, one of whom shall be a representative of an organization whose prime function is the enhancement of public health or the environment.

Section 4: Paragraphs k, l, and m of subdivision 2 of section 161 of the state finance law, are amended to make technical corrections that state the council concerning the state's procurement practices shall make recommendations to the commissioner for "target categories" of commod- ities, services, and/or technologies routinely procured by the state which may have an adverse inpact on public health or the environment and for which more environmentally preferable products should be identified.

Section 5: Subparagraph of paragraph b of subdivision 3 of section 163 of the state finance law is amended to read that environmentally prefer- able products shall be included in the list of contractors.

Section 6: The state finance law is amended by adding a new article 10-a which creates an Office of the environmental executive, designates agen- cy environmental executives, establishes an interagency committee on sustainability and green procurement, issue specific task forces, an

environmentally preferable products program, and defines state agency responsibilities, environmental procurement initiatives, and business development and guidance.

Section 7: The general municipal law is amended by adding a new section 109-c to cover intergovernmental agreements, defining the term "public agency" as any county, city, town, village, school district, improvement district or district corporation in the state of New York, and stating that any power, privilege or authority which may be engaged in, or any public work which may be undertaken by a public agency, may be exercised jointly with any other public agency which could likewise act alone.

Section 8: Section 409-i of the education law is repealed and a new section 409-i is added which read as that the implementation of environ- mentally preferable products means the program described in section one hundred fifty-nine-f of the state finance law.

Section 9: Section 153-b of the state finance law is repealed.

Sections 10 through 12: Portions of section 261 of the economic develop- ment law are amended to reflect language which integrates environ- mentally preferable purchasing practices and technologies.

Section 13: Subdivision 14 of section 261 of the economic development law is amended to provide that an annual report be made to the Legisla- ture and Governor regarding environmental considerations in the procure- ment process.

Section 14: Subdivision 1 of section 3-0311 of the environmental conser- vation law is amended to require that as part of environmental audits, the environmental impact of an agency's procurements be evaluated.

Section 15: States the effective date.

Justification

New York State purchases and consumes billions of dollars in materials and energy each year which result in an environmental and public health impact related to the production, transport, use, and disposal of the products it consumes.

Through the procurement of environmentally preferable products and services, New York can directly reduce the environmental and health-re- lated impacts of its consumption, lower "life-cycle" costs, promote economic development, and serve as a model for businesses, institutions, individual residents, and the rest of the country.

This legislation establishes procedures for the purchasing of green goods and services, allowing the to state leverage its buying power. Through this legislation, the interagency committee on sustainability and green procurement is now empowered to implement green procurement practices, and is directed to publish green product and service purchas- ing specifications for "Environmentally Preferable Products (EPPS).

This will help state agencies in making smart buying decisions, prepar- ing annual reports, and ensuring that products used by each agency have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose, in order to boost energy efficiency and reduce air and water pollution.

The bill addresses intergovernmental purchasing by the state of New York, its municipal authorities, as well as its political subdivisions, by granting them the power of cooperative procurement authority in intergovernmental agreements, for the purpose of combining requirements to increase efficiency and reduce administrative expenses, which signif- icantly expands their ability to leverage their purchasing power and reduce the impact their purchases have on the state's natural resources and public health, as well as on current and future generations of New Yorkers.

To ensure implementation of environmental purchasing, this legislation creates an Office of the Environmental Executive and designates an addi- tional duty of 'agency environmental executive' for current high-level officials within existing state agencies.

These officers will electronically collect and disseminate information concerning methods to reduce waste, materials that can be recycled, costs and savings associated with waste prevention, and current market sources of products that are environmentally preferable, and will provide guidance and assistance to state agencies in setting up and reporting on agency programs and monitoring their effectiveness. This process will be aided through the establishment of a website for the Office of the Environmental Executive and a coordinated approach to government-wide education and training programs for state agencies.

By focusing on environmentally preferable products and services, New York can encourage manufacturers and service providers to incorporate environmental and sustainability considerations into their products and operations locally. The legislation also requires state agencies, Public authorities and public benefit corporations adopt and environmental purchasing policy to "green" their procurement by procuring environ- mentally preferable products and services whenever such products and services are cost-effective, and readily available.

The use of recycled and EPPs will spur private sector development of new technologies and use of such products, creating green jobs, stimulating business development and enhancing the state's economy, while furthering the legislature's commitment to protecting our most precious resource: our environment.

Prior legislative history

New bill.

Fiscal implications

None noted, although the implementation of environ- mental purchasing and green procurement could result in significant savings for the state, its municipal authorities, and local governments.

The bill establishes a state environmental executive and designates environmental executives within state agencies from existing personnel, and provides for some additional responsibility on the part of the existing interagency council on green procurement to establish a website, and electronically available education and training programs. Although some staff time would be required to accomplish those tasks under this bill, it can easily be performed with current, existing resources.

Effective date

This act shall take effect on the sixtieth day after it shall have become a law, provided however that the amendments to subpar- agraph (vii) of paragraph b of subdivision 3 of section 163 of the state finance law shall not affect the repeal of such section and shall be deemed repealed therewith; provided, however, that effective immediate- ly, the addition, amendment and/or repeal of any rule or regulation necessary for the implementation of this act on its effective date are authorized and directed to be made and completed on or before such effective date.