BILL NUMBER: S6917
SPONSOR: HOYLMAN-SIGAL
 
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 minimizes potential adverse
impacts on public health and the environment.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill states that this act shall be known and may be
cited as 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.
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 provides that the Office of
General Services develop guidelines for healthy and green procurement.
This section does not require state agencies to purchase commodities or
services that do not meet the form, function and utility required by the
agency, or which would cost more than ten percent than an alternative.
Section six of the bill amends the Economic Development Law to expand an
existing giant 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 nine of the bill amend section 261 of the Econom-
ic Development Law to integrate Healthy and Green commodity purchasing
practices and technologies.
Section ten provides for an annual report to be made to the Legislature
and Governor regarding the Status of green and healthy considerations in
the procurement process.
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 envi-
ronment 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, disa-
bility 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 gener-
ations. It will also put New York businesses in an economically advanta-
geous 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 Healthy 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 envi-
ronment 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 commod-
ity, service or technology. Protecting public health and the environment
is a natural extension of, and consistent with, the traditional consid-
erations associated with state procurement practice, including lowest
price, best value, quality, cost and efficiency. Now, determining quali-
ty, 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 , renew-
able resource consumption, recycled content, recyclability, 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 perform-
ance. For example, when assessing products with recycled content, pref-
erence 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 efficien-
cy and reduced overall cost to government, taxpayers, and society as a
whole.
 
LEGISLATIVE HISTORY:
S.2438 of 2023-2024 (Hoylman-Sigal): Died in Finance
S.1108 of 2019-2020 (Hoylman): Died in Finance
S.0036 of 2017-2018 (Hoylman): Died in Finance
S.3625-A of 2015-2016 (Hoylman): Died in Finance
S.875-A of 2013-2014 (Grisanti): Died in Infrastructure
S.2663-A of 2011-2012 (Grisanti): Died in Finance
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day next
succeeding the date upon which it shall have become a law and shall
apply only to state procurement contracts where the request for
proposals or the request for bids was issued after the effective date of
this act; provided, however, that effective immediately, 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.

Statutes affected:
S6917: 160 state finance law, 160(5) state finance law, 161 state finance law, 161(1) state finance law, 261 economic development law, 261(5) economic development law, 261(10) economic development law, 261(14) economic development law, 3-0311 environmental conservation law, 3-0311(1) environmental conservation law