Enacts the "New York state healthy and green procurement act"

Title of bill

An act to amend the state finance law, the economic development law and the environmental conservation law, in relation to the state procurement process and to healthy and green procurement

Purpose

To establish a preference for the purchase of commodities, services and technologies by the State of New York that minimize potential adverse impacts on public health and the environment.

Summary of provisions

Section one of the bill states that this act shall be known and may be cited as the "New York State Healthy & Green Procurement Act."

Section two of the bill provides legislative findings and declarations.

Section three of the bill amends subdivision five of section 160 of the State Finance Law to clarify the life cycle costs provisions within the definition of "costs", and consider the costs of ownership and any indirect environmental or health costs, if information is available.

Section four of the bill amends subdivision one of section 161 of the State Finance Law to increase the membership of the State Procurement Council to include the Commissioner of the Department of Environmental Conservation as well as two at-large members who are representatives of organizations whose prime function is the enhancement of public health or the environment.

Section five of the bill adds new section 164a to establish that to the extent practicable that purchases should be to minimize adverse environmental impacts.

Section six of the bill amends the Economic Development Law to expand an existing grants program for pollution prevention and secondary materials marketing projects to include projects by small businesses, nonprofit organizations and preferred sources (pursuant to S.162 of the State Finance Law) to develop, manufacture or provide safe and sustainable commodities, services or technologies.

Section seven through ten of the bill amend section 261 of the Economic Development Law to integrate Healthy & Green commodity purchasing practices and technologies into the program.

Section eleven amends 3-0311 of the Environmental Conservation Law to require as part of the environmental audits that Healthy & Green considerations be evaluated.

Section twelve of the bill provides for the effective date.

Justification

As New York moves into the twenty-first century, the state should serve as a role model for practices that will create and maintain a healthy environment and vibrant economy. The manufacture, use and disposal of certain commodities and technologies, the construction of buildings and other structures, and the provision of services may have adverse impacts on public health and the environment. These impacts impose costs on the state and, ultimately, society as a whole in the form of injury, disability and death, health care expenses, disposal, liability and cleanup costs, the waste of resources and raw materials, and an impaired natural environment. Encouraging- innovation, and creating and choosing the safest, most sustainable commodities, services and technologies will help to ensure a higher quality of life for present and future generations. It will also put New York businesses in an economically advantageous position to, compete in an increasingly global marketplace. By avoiding the purchase of products and services with priority toxic substances, the state can reduce the use and release of these chemicals, prevent adverse ecological and health impacts, and protect public health and the state's natural resources.

Legislative history

S.4359-B of 2008 Similar to S.4359-A of 2007

Fiscal implications

To be determined.

Effective date

This act shall take effect on the 180th day after it shall have become a law.