S T A T E O F N E W Y O R K
________________________________________________________________________
3514
2009-2010 Regular Sessions
I N S E N A T E
March 23, 2009
___________
Introduced by Sens. DILAN, ADDABBO, DIAZ, HASSELL-THOMPSON, HUNTLEY,
MONSERRATE, ONORATO, OPPENHEIMER, SAVINO -- read twice and ordered
printed, and when printed to be committed to the Committee on Local
Government
AN ACT to amend the general municipal law, in relation to authorizing
political subdivisions to award public competitively bid contracts to
businesses that participate in a program designed to foster partic-
ipation by local businesses in public procurement at a cost premium
not to exceed ten percent of the lowest bid
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 104-a of the general municipal law, as amended by
chapter 468 of the laws of 1994, is amended to read as follows:
S 104-a. Purchasing [of products] for public use. 1. Notwithstanding
the provisions of section one hundred three of this chapter, when
purchasing products the officer, board or agency of any political subdi-
vision or of any district therein charged with the awarding of public
contracts may, wherever recycled products meet contract specifications
and the price of such products is reasonably competitive, purchase such
products. For the purpose of this [section] SUBDIVISION and until July
first, nineteen hundred ninety-six, "recycled product" shall mean any
product which has been manufactured from secondary materials, as defined
in subdivision one of section two hundred sixty-one of the economic
development law, and meets secondary material content requirements
adopted by the office of general services under subdivision [one of
section one hundred seventy-seven] THREE OF SECTION ONE HUNDRED
SIXTY-FIVE of the state finance law for products available to the poli-
tical subdivision or district under state contract or, if no such
contract for such product is available, any product which meets the
secondary material content requirements adopted by the political subdi-
vision or district thereof with respect to a specific commodity procure-
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10396-01-9
S. 3514 2
ment by such entity. On and after July first, nineteen hundred ninety-
six, "recycled product" shall mean, for the purposes of this [section]
SUBDIVISION, any product which is manufactured from secondary materials,
as defined in subdivision one of section two hundred sixty-one of the
economic development law, and which meets the requirements of subdivi-
sion two of section 27-0717 of the environmental conservation law and
regulations promulgated pursuant thereto. For the purpose of this
[section] SUBDIVISION, "reasonably competitive" shall mean that the cost
of the recycled product does not exceed a cost premium of ten percent
above the cost of a comparable product that is not a recycled product
or, if at least fifty percent of the secondary materials utilized in the
manufacture of that product are generated from the waste stream in New
York state, the cost of the recycled product does not exceed a cost
premium of fifteen percent above the cost of a comparable product that
is not a recycled product.
Whenever such officer, board or agency shall purchase or cause the
purchase of printing on recycled paper pursuant to this section, he or
she shall require the printed material to contain the official state
recycling emblem established pursuant to subdivision two of section
27-0717 of the environmental conservation law and regulations promulgat-
ed pursuant thereto if such paper has been approved by the department of
environmental conservation as satisfying the requirements of such stat-
ute and regulations, or, if such paper has not been so approved, require
the printed material to include a printed statement which indicates the
percentages of pre-consumer and post-consumer recycled material content
of such paper.
2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF
THIS ARTICLE, WHEN PURCHASING GOODS, SERVICES OR CONSTRUCTION FOR PUBLIC
USE THROUGH COMPETITIVE SEALED BIDDING, THE OFFICER, BOARD OR AGENCY OF
ANY POLITICAL SUBDIVISION OR OF ANY DISTRICT THEREIN CHARGED WITH THE
AWARDING OF PUBLIC CONTRACTS THAT EMPLOYS A PROGRAM TO FOSTER THE
PARTICIPATION OF LOCAL BUSINESSES IN PUBLIC PROCUREMENT, MAY AWARD ANY
CONTRACT VALUED AT UNDER ONE MILLION DOLLARS TO A PARTICIPANT OF SUCH
PROGRAM EVEN IF SUCH PARTICIPANT IS NOT THE LOWEST BIDDER FOR SUCH
CONTRACT, PROVIDED, HOWEVER THAT SUCH AWARD MAY ONLY BE MADE TO THE
LOWEST BID SUBMITTED BY THE PARTICIPANT THAT IS REASONABLY COMPETITIVE.
FOR THE PURPOSE OF THIS SUBDIVISION, "REASONABLY COMPETITIVE" SHALL MEAN
THAT THE LOCALLY BASED BUSINESS'S BID DOES NOT EXCEED THE LOWEST BID BY
MORE THAN TEN PERCENT.
S 2. This act shall take effect on the thirtieth day after it shall
have become a law.