Enacts the "New York state healthy and 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 considers 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 health the commissioner of environmental conservation or their designees. This section also defines membership of the state procurement council.

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

This section also establishes the Healthy and Green Procurement Coordinating Counsel. This council will assist the commissioner of general services in developing guidance for healthy and green procurement, identifying three target categories pursuant to the section, develop criteria for evaluating commodities etc within the targeted categories, create approved healthy and supply lists, evaluate state agency procurement practices, develop auti programs, consider additional priority toxins of concern, guidelines for public participation, design and implement training in outreach and education programs, develop metrics for measuring progress in green and healthy procurement, prepare the annual reports review, advise the governor and legislature regarding the implementation of

Section six of the bill amends the Economic Development Law to expand an existing grant 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.

Sections seven through ten of the bill amend section 261 of the Economic Development Law to integrate Healthy and 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 and Green considerations be evaluated.

Section twelve of the bill provides for the effective date.

Justification

As New York moves into the twenty-first century, it 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 imposes costs on the state and, ultimately, society as a whole in the form of injury, disability and death, healthcare 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.

Including public health and environmental considerations in state purchasing decisions can help New York attain these goals by promoting and investing in commodities, services and technologies that improve public health, conserve natural resources, and reward environmentally conscious manufacturers. The Health and Green Procurement Act is based on a precautionary approach to take anticipatory action to prevent harm. Where credible evidence of a threat or harm to human health or the environment exists, even when the exact nature and full magnitude of a threat or harm is not yet proven, lack of full scientific certainty about cause and effect shall not be viewed as a sufficient reason to fail to consider a potentially adverse impact when assessing a commodity, service or technology. Protecting public health and the environment is a natural extension of, and consistent with, the traditional considerations associated with state procurement practice, including lowest price, best value, quality, cost and efficiency. Historically, New York has been willing to pay more for high quality commodities, services and technologies. Now, determining quality, value and efficiency shall include the consideration of public health and environmental impacts. For instance, in considering natural resource impacts, the state would consider energy and water use, renewable resource consumption, recycled content, recyclability, waste prevention waste prevention, remanufactured or bio-based content, and the potential for long-term use through product durability, reparability, and reuse. When comparing potential adverse health and environmental impacts, the state would consider the following factors if trade-offs must be made among such impacts: the overriding importance of protecting human health and the environment; reversibility; and the degree of difference in performance. For example, when assessing products with recycled content, preference would be given to material that does not contain a priority toxic substance.

Considering such impacts early in the procurement process and adopting an ethic of pollution prevention will not only reduce pollution and waste, it will save money through a commodity, service or technology's life cycle. The state would consider positive attributes that are commonly accepted toxic substances, less hazardous or less toxic, low in respiratory toxins and irritants, low in greenhouse gas emissions or packaging, high in recycled content, resource efficient and reusable. A major benefit of safe and sustainable procurement is increased efficiency and reduced overall cost to government, taxpayers, and society as a whole.

Prior legislative history

2008: Passed Assembly

Fiscal implications

To be determined.

Effective date

This act shall take effect immediately.