What's happening
This bill requires state contractors to implement construction and demolition waste diversion practices, considering recycling and reuse in state contract awards.
Why it matters
Encourages sustainable construction practices. By defining and prioritizing recycling and reuse of waste materials, the bill incentivizes contractors to divert construction and demolition debris from landfills, potentially reducing environmental impacts and conserving resources.
Integrates waste diversion into public procurement. The bill requires that contractors’ waste diversion practices be considered—though not as a sole deciding factor—when awarding state and municipal contracts, signaling a shift toward environmental responsibility in government-funded projects.
Supports development of local recycling markets. The legislation recognizes the importance of secondary markets and proximity to processing facilities, which could stimulate local economies and create jobs related to recycling and materials processing.
Balances environmental goals with practical constraints. The bill mandates that rules for waste diversion take into account the feasibility, costs, health impacts, and existing local regulations, aiming to ensure that sustainability efforts are realistic and do not unduly burden contractors or project budgets.
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Who cares
Construction and demolition contractors
Their debris recycling and reuse practices would become a factor in state contract awards, but failure to follow diversion practices could not automatically disqualify a bid or proposal.
Department of Environmental Conservation and State Procurement Council
The environmental conservation commissioner would develop debris diversion goals through rules adopted in consultation with the council.
State agencies and local procurement officials
They could be authorized to consider expected progress toward diversion goals and contractors’ past performance when evaluating contracts.
Design-build teams
Their past compliance with state or comparable local debris diversion goals would become a required selection criterion for design-build shortlists.
Headline styles
Require Construction Waste Recycling
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Referred to environmental conservation
- Referred to environmental conservation
Full text
3 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
87
2019-2020 Regular Sessions
IN SENATE (Prefiled)
January 9, 2019
Introduced by Sens. KAMINSKY, BROOKS -- read twice and ordered printed, and when printed to be committed to the Committee on Environmental Conservation
AN ACT to amend the environmental conservation law, the general municipal law, the state finance law and the infrastructure investment act, in relation to construction and demolition diversion practices of state contractors
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The environmental conservation law is amended by adding a new section 27-0111 to read as follows: § 27-0111. Construction and demolition waste diversion policy.
1. Definitions. As used in this section:
(a) "Contractor" means a general contractor and shall also include any subcontractor engaged in the building, demolition or wrecking of a structure for which a permit is required.
(b) "Construction and demolition debris" shall include, but not be limited to, metals, cardboard, drywall, glass, wood, concrete, brick and asphalt, but shall not include any material that is contaminated by lead, asbestos or other hazardous material such that recycling thereof would be illegal or unfeasible.
(c) "Diverted" means the recycle or reuse of construction and demolition debris that would otherwise be disposed of at a landfill or disposal facility.
(d) "Recycle" means the process of sending construction and demolition debris to a recycling facility, transfer station or other waste handling facility permitted pursuant to this article, which accepts construction and demolition debris for recycling or for further transfer to a recycling facility.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03459-01-9
S. 87 2
(e) "Reuse" means: (i) the on-site use of reprocessed construction and demolition debris if the use of such debris is authorized by the commissioner; and (ii) the off-site redistribution of a material which would otherwise be disposed of, for use in the same or similar form as it was produced.
2. The commissioner shall promulgate rules and regulations, in consultation with the state procurement council established by section one hundred sixty-one of the state finance law, setting forth a goal for the percent of construction and demolition debris diverted by contractors submitting bids or proposals in connection with the award of a state contract. Such rules and regulation shall at a minimum take into account: the cost, feasibility, and human and environmental health impacts of recycling particular types of debris; the availability of secondary markets and proximity of processing facilities; the toxicity of different types of debris and ability to remediate or separate any toxic debris from non-toxic debris; the environmental impact of disposing debris without recycling; the existence of local laws and regulations and policies governing debris diversion.
3. Each bid or proposal shall be analyzed on an individual per bid or per proposal basis with the contractor's construction and demolition waste diversion practices considered as only a part of a wider consideration of several factors when deciding to award or decline to award a bid or proposal. Such assessment shall not in any way permit the automatic rejection of a bid or procurement contract proposal based on lack of adherence to construction and demolition waste diversion practices.
§ 2. Section 103 of the general municipal law is amended by adding a new subdivision 17 to read as follows:
17. Notwithstanding the foregoing provisions of this section, the commissioner of the office of general services may authorize any officer, board or agency of a political subdivision to consider whether such contracts can reasonably be expected to meet or further the goal established pursuant to section 27-0111 of the environmental conservation law or comparable local law or regulation, and contractor's history of achieving such participation goals on previous contracts; provided, however, that such consideration shall not affect the responsibilities of an officer, board, or agency of a political subdivision in relation to subdivision one of this section.
§ 3. Subdivision 10 of section 163 of the state finance law is amended by adding a new paragraph g to read as follows:
g. The commissioner may authorize state agencies or other authorized purchasers to consider whether such contracts can reasonably be expected to meet or further the goal established pursuant to section 27-0111 of the environmental conservation law or comparable local law or regulation, and contractor's history of achieving such participation goals on previous contracts.
§ 4. Subdivision (a) of section 4 of part F of chapter 60 of the laws of 2015 constituting the infrastructure investment act, as amended by section 4 of part RRR of chapter 59 of the laws of 2017, is amended to read as follows:
(a) Step one. Generation of a list of entities that have demonstrated the general capability to perform the design-build contract. Such list shall consist of a specified number of entities, as determined by an authorized state entity, and shall be generated based upon the authorized state entity's review of responses to a publicly advertised request for qualifications. The authorized state entity's request for qualifications shall include a general description of the project, the maximum
S. 87 3
number of entities to be included on the list, the selection criteria to be used and the relative weight of each criteria in generating the list. Such selection criteria shall include the qualifications and experience of the design and construction team, organization, demonstrated responsibility, ability of the team or of a member or members of the team to comply with applicable requirements, including the provisions of articles 145, 147 and 148 of the education law, past record of compliance with goals established pursuant to section 27-0111 of the environmental conservation law or comparable local law or regulation, past record of compliance with the labor law, and such other qualifications the authorized state entity deems appropriate which may include but are not limited to project understanding, financial capability and record of past performance. The authorized state entity shall evaluate and rate all entities responding to the request for qualifications. Based upon such ratings, the authorized state entity shall list the entities that shall receive a request for proposals in accordance with subdivision (b) of this section. To the extent consistent with applicable federal law, the authorized state entity shall consider, when awarding any contract pursuant to this section, the participation of: (i) firms certified pursuant to article 15-A of the executive law as minority or women-owned businesses and the ability of other businesses under consideration to work with minority and women-owned businesses so as to promote and assist participation by such businesses; and (ii) small business concerns identified pursuant to subdivision (b) of section 139-g of the state finance law.
§ 5. This act shall take effect immediately; provided, however, that that amendments to subdivision 10 of section 163 of the state finance law made by section three of this act shall not affect the repeal of such section as provided in subdivision 5 of section 362 of chapter 83 of the laws of 1995, as amended, and shall be deemed repealed therewith; provided further, that the amendments to part F of chapter 60 of the laws of 2015 constituting the infrastructure investment act, made by section four of this act shall not affect the repeal of such part and shall be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the environmental conservation law, the general municipal law, the state finance law and the infrastructure investment act, in relation to construction and demolition diversion practices of state contractors
Purpose
Establishes a formal program setting goals for construction and demoli- tion (C & D) debris recycling and diversion for State and local contrac- tors, and evaluates a contractor's C & D diversion practices as part of the procurement process. Allows for State and local procuring agencies to consider a contractor's C & D diversion practices in determining a project's lowest responsible bidder.
Summary of provisions
This legislation authorizes and directs the Department of Environmental Conservation (DEC) to work with the State Procurement Council to estab- lish a percentage goal for C & D waste diversion in state contracts.
It also authorizes the Office of General Services (OGS) to authorize local agencies to consider the State's C & D recycling/diversion goals in local contracts, and permits procuring agencies to consider a contractor's history of complying with these goals in awarding contracts to a lowest responsible bidder.
It also permits OGS to authorize State agencies to consider whether a contract can achieve C & D recycling/diversion goals and the contrac- tor's history of achieving participation goals in previous contracts.
Finally, it amends the Infrastructure Investment Act to factor a contractor's history of complying with C & D recycling/diversion goals into an authorized agency's determination of whether a contractor has the capacity to bid for a design-build contract.
Justification
Executive Orders 4 and 18 have begun the process of changing agencies' culture with respect to materials recycling and sustainability. Most agencies have designated a Sustainability Coordinator, reduced paper use and waste generation, and begun purchasing 100% post-consumer recycled content copy paper.
OGS reports that the State's paper purchases declined by $7.44 million compared to Fiscal Year 2008-2009 levels, and reported declines of near- ly 350,000 tons of solid waste generated in that same time. However, the State still generated more than 580,000 tons of solid waste in Fiscal Year 2015-16, and there is no time to waste in improving diver- sion and recycling efforts as the State implements a $100 billion capi- tal plan and pursues significant emissions reduction and renewable usage targets.
Recognizing similar issues years ago, the State of California commis- sioned a statewide study of material disposal at solid waste facilities back in 1999, and set a recycling goal of 75%. Since 2008, California has achieved a reduction in per capita disposal from 1.06 to .81 tons per person per year, with the share of commercial waste dropping from nearly 50% to less than 39%.
Following examples set by California and municipalities, and building off of the progress our agencies have made in recent years, this legis- lation begins the process of setting tangible recycling goals and factoring these methodologies and savings into public procurement.
Fiscal implications
Reducing solid waste disposal and better construction and debris recycl- ing and diversion will generate long-term financial savings, reduce landfill and materials expenditures, and improve the environment.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.