A. 3642 2
4. "FUEL CELL" MEANS A DEVICE THAT PRODUCES ELECTRICITY DIRECTLY FROM
HYDROGEN OR HYDROCARBON FUEL THROUGH A NON-COMBUSTIVE ELECTRO-CHEMICAL
PROCESS.
5. "RENEWABLE ENERGY" MEANS ENERGY PRODUCED FROM THE FOLLOWING SOURC-
ES: SOLAR THERMAL, PHOTOVOLTAICS, WIND, HYDROELECTRIC, GEO-EXCHANGE,
TIDAL/WAVE ENERGY AND HIGH-EFFICIENCY BIOMASS.
S 2. ENERGY TARGETS. 1. ALL BUILDINGS OR FACILITIES OR VEHICLES OR
VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY PAYS DIRECTLY FOR ENERGY, OR OPERATED BY THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY, SHALL MEET THE FOLLOWING TARGETS
AND TIMETABLE TO ACHIEVE REDUCTIONS IN GREENHOUSE GAS EMISSIONS, ENERGY
AND WATER CONSUMPTION:
(A) REDUCE GREENHOUSE GAS EMISSIONS THAT RESULT FROM PORT AUTHORITY OF
NEW YORK AND NEW JERSEY OPERATIONS FROM THE ESTABLISHED BASELINE MEAS-
UREMENTS BY FIFTEEN PERCENT BY THE YEAR TWO THOUSAND EIGHTEEN,
TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-THREE AND FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT. EMISSION REDUCTIONS SHALL
BE MEASURED ON AN ABSOLUTE BASIS AND NOT ADJUSTED FOR FACILITY EXPAN-
SION, LOAD GROWTH OR WEATHER;
(B) REDUCE OVERALL ENERGY CONSUMPTION AT BUILDINGS OR FACILITIES OR
VEHICLES OR VEHICLE FLEETS OWNED OR LEASED, UNDER WHICH THE PORT AUTHOR-
ITY OF NEW YORK AND NEW JERSEY PAYS DIRECTLY FOR ENERGY, BY THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY FROM THE ESTABLISHED BASELINE MEAS-
UREMENTS BY FIFTEEN PERCENT BY THE YEAR TWO THOUSAND EIGHTEEN,
TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-THREE AND FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT;
(C) REDUCE POTABLE WATER USE FROM THE ESTABLISHED BASELINE MEASUREMENT
BY TEN PERCENT BY THE YEAR TWO THOUSAND EIGHTEEN, TWENTY PERCENT BY THE
YEAR TWO THOUSAND TWENTY-THREE AND THIRTY PERCENT BY THE YEAR TWO THOU-
SAND TWENTY-EIGHT; AND
(D) OBTAIN BY GENERATION OR PROCUREMENT FIFTEEN PERCENT OF ANNUAL
ELECTRICITY CONSUMPTION FROM RENEWABLE SOURCES AND/OR FROM DISTRIBUTED
GENERATION OR COGENERATION BY THE YEAR TWO THOUSAND EIGHTEEN,
TWENTY-FIVE PERCENT BY THE YEAR TWO THOUSAND TWENTY-THREE AND FIFTY
PERCENT BY THE YEAR TWO THOUSAND TWENTY-EIGHT.
2. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL ESTABLISH A
BASELINE MEASUREMENT OF GREENHOUSE GAS EMISSIONS, ELECTRICITY AND WATER
CONSUMPTION LEVELS FOR THE PERIOD BEGINNING JANUARY FIRST, TWO THOUSAND
TEN AND ENDING DECEMBER THIRTY-FIRST, TWO THOUSAND ELEVEN FOR SUCH
BUILDING OR FACILITY OR VEHICLE OR VEHICLE FLEET. THE BASELINE MEASURE-
MENT SHALL BE THE AVERAGE OF THE TWO YEAR PERIOD.
S 3. ENERGY ASSESSMENTS AND EFFICIENCY PLAN. 1. ENERGY ASSESSMENTS.
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL CONDUCT AN ANNUAL
ONSITE ASSESSMENT AND EVALUATION OF ENERGY AND WATER CONSUMPTION AND
EXPENSES OF ANY BUILDING OR FACILITY IT OWNS, LEASES OR OPERATES. THE
ASSESSMENT SHALL INCLUDE THE FOLLOWING INFORMATION:
(A) THE TOTAL NUMBER OF BUILDINGS AND FACILITIES OWNED, LEASED OR
OPERATED BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY AND THE TOTAL
SQUARE FOOTAGE FOR SUCH BUILDINGS AND FACILITIES;
(B) THE TOTAL ANNUAL ENERGY CONSUMPTION, LISTED BY ENERGY SOURCE, FOR
EACH BUILDING OR FACILITY;
(C) THE TOTAL ANNUAL ENERGY COST CALCULATED PER SQUARE FOOT, AND LIST-
ED BY ENERGY SOURCE, FOR EACH BUILDING OR FACILITY;
(D) THE TOTAL ANNUAL WATER CONSUMPTION FOR EACH BUILDING OR FACILITY;
(E) THE TOTAL ANNUAL COST FOR FUEL USED BY AUTHORITY-OWNED VEHICLES,
LISTED BY FUEL TYPE AND THE AVERAGE MILEAGE EFFICIENCY OF VEHICLES BY
A. 3642 3
VEHICLE CLASS OWNED OR LEASED BY THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY; AND
(F) A BREAKDOWN BY PERCENTAGE OF THE TOTAL RENEWABLE ENERGY USED BY
EACH BUILDING OR FACILITY.
2. ENERGY EFFICIENCY PLAN. (A) BASED ON THE INITIAL ASSESSMENT
CONDUCTED PURSUANT TO SUBDIVISION ONE OF THIS SECTION, THE PORT AUTHORI-
TY OF NEW YORK AND NEW JERSEY SHALL DEVELOP AN ENERGY EFFICIENCY PLAN TO
MEET THE TARGETS, GOALS AND TIMETABLE ESTABLISHED PURSUANT TO SUBDIVI-
SION ONE OF SECTION TWO OF THIS ARTICLE. SUCH PLAN SHALL BE SUBMITTED TO
THE GOVERNORS AND LEGISLATURES OF BOTH STATES.
(B) THE PLAN SHALL DESCRIBE SPECIFIC MEASURES TO BE TAKEN TO REDUCE
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S GREENHOUSE GAS EMIS-
SIONS, ENERGY AND WATER CONSUMPTION IN ACCORDANCE WITH SUCH TARGETS AND
GOALS. THE PLAN SHALL ALSO DESCRIBE ANY POLICIES ADOPTED, AND PROJECTS
PURSUED, BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO INCREASE
THE USE OF RENEWABLE ENERGY SOURCES AND OTHER ALTERNATIVE SOURCES, SUCH
AS DISTRIBUTIVE GENERATION AND COGENERATION.
(C) THE PLAN SHALL:
(1) PROVIDE A DETAILED AND COMPREHENSIVE PLAN FOR ACHIEVING THE
TARGETS AND GOALS SET FORTH IN SECTION TWO OF THIS ARTICLE; AND
(2) BE IMPLEMENTED IN A COST-EFFECTIVE MANNER.
(D) THE PLAN SHALL BE AMENDED TO REFLECT ANY CHANGES OR UPDATES
REPORTED IN THE ANNUAL ASSESSMENT PURSUANT TO SUBDIVISION ONE OF THIS
SECTION.
(E) WITH RESPECT TO BUILDINGS AND FACILITIES THAT CONTAIN LESS THAN
TEN THOUSAND SQUARE FEET IN SPACE, THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY IS ENCOURAGED TO ASSESS, DEVELOP AND IMPLEMENT EFFICIENCY AND
WASTE MANAGEMENT PLANS CONSISTENT WITH THE TARGETS, GOALS AND TIMETABLES
REQUIRED PURSUANT TO THIS ARTICLE.
S 4. SOLID WASTE MANAGEMENT PLAN. 1. FOR PURPOSES OF THIS SECTION,
"SOLID WASTE" SHALL MEAN ALL PUTRESCIBLE AND NON-PUTRESCIBLE MATERIALS
OR SUBSTANCES DISCARDED OR REJECTED AS BEING SPENT, USELESS, WORTHLESS
OR IN EXCESS TO THE OWNERS AT THE TIME OF SUCH DISCARD OR REJECTION,
INCLUDING, BUT NOT LIMITED TO, GARBAGE, REFUSE, INDUSTRIAL AND COMMER-
CIAL WASTE, SLUDGES FROM AIR OR WATER CONTROL FACILITIES, RUBBISH,
ASHES, CONTAINED GASEOUS MATERIAL, INCINERATOR RESIDUE, DEMOLITION AND
CONSTRUCTION DEBRIS, DISCARDED AUTOMOBILES AND OFFAL BUT NOT INCLUDING
SEWAGE AND OTHER HIGHLY DILUTED WATER CARRIED MATERIALS OR SUBSTANCES
AND THOSE IN GASEOUS FORM. "SOLID WASTE" SHALL NOT INCLUDE SOURCE,
SPECIAL NUCLEAR OR BY-PRODUCT MATERIAL AS DEFINED IN THE ATOMIC ENERGY
ACT OF 1954, AS AMENDED.
2. (A) THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL PREPARE AND
SUBMIT TO THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRON-
MENTAL CONSERVATION AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPART-
MENT OF ENVIRONMENTAL PROTECTION FOR REVIEW AND APPROVAL, A SOLID WASTE
MANAGEMENT PLAN FOR AT LEAST A TEN-YEAR PERIOD.
(B) THE SOLID WASTE MANAGEMENT PLAN SHALL, AT A MINIMUM:
(1) IDENTIFY, DESCRIBE AND CHARACTERIZE THE SOLID WASTE STREAM TO BE
MANAGED IN THE PLANNING PERIOD;
(2) ASSESS EXISTING AND ALTERNATE PROPOSED SOLID WASTE MANAGEMENT
PROGRAMS AND FACILITIES;
(3) IDENTIFY THE PARTIES WITH RESPONSIBILITY TO IMPLEMENT EACH ELEMENT
OF THE PLAN AND THE STEPS WHICH MUST BE UNDERTAKEN BY EACH; AND
(4) SET FORTH A TIMETABLE FOR IMPLEMENTING THE PLAN, INCLUDING ESTAB-
LISHING ANNUAL GOALS.
A. 3642 4
(C) SUCH PLAN SHALL STRIVE TO ACHIEVE THE OBJECTIVES OF THE STATE
SOLID WASTE MANAGEMENT POLICY SET FORTH IN SECTION 27-0106 OF THE ENVI-
RONMENTAL CONSERVATION LAW, PROVIDE FOR OR TAKE INTO ACCOUNT MANAGEMENT
OF ALL SOLID WASTE WITHIN THE PLANNING UNIT, AND EMBODY, AS MAY BE
APPROPRIATE TO THE CIRCUMSTANCES, SOUND PRINCIPLES OF SOLID WASTE
MANAGEMENT, NATURAL RESOURCES CONSERVATION, ENERGY PRODUCTION, AND
EMPLOYMENT CREATING OPPORTUNITIES.
(D) THE PLAN SHALL BE DEEMED COMPLETE IF IT CONTAINS ALL THE ELEMENTS
SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION. THEREAFTER SUCH PLAN
SHALL BECOME THE SOLID WASTE MANAGEMENT PLAN IN EFFECT FOR THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY. IF THE PLAN AS SUBMITTED DOES NOT
CONTAIN THE ELEMENTS SET FORTH IN PARAGRAPH (B) OF THIS SUBDIVISION, THE
COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION OR THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF ENVIRON-
MENTAL PROTECTION SHALL STATE THE REASONS FOR ITS DETERMINATION AND
REQUIRE THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO RE-SUBMIT AN
AMENDED PLAN FOR APPROVAL.
S 5. SUSTAINABILITY COORDINATOR. 1. THE PORT AUTHORITY OF NEW YORK AND
NEW JERSEY SHALL APPOINT A SUSTAINABILITY COORDINATOR TO ORGANIZE, COOR-
DINATE, OVERSEE AND REPORT ON THE ENERGY EFFICIENCY AND WASTE MANAGEMENT
ACTIVITIES OF THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY. THE COORDI-
NATOR SHALL, AMONG OTHER DUTIES AND RESPONSIBILITIES:
(A) PREPARE THE ENERGY EFFICIENCY AND SOLID WASTE MANAGEMENT PLANS;
(B) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE EFFI-
CIENCY ACTIVITIES CONTAINED IN THE EFFICIENCY PLAN;
(C) ORGANIZE, COORDINATE AND OVERSEE THE IMPLEMENTATION OF THE SOLID
WASTE MANAGEMENT PLAN;
(D) SUBMIT THE PROGRESS REPORTS REQUIRED PURSUANT TO SECTION EIGHT OF
THIS ARTICLE; AND
(E) DISSEMINATE ALL APPLICABLE INFORMATION TO AUTHORITY STAFF, AND
TRACKING AND REPORTING ALL REQUESTED ENERGY CONSUMPTION OR WASTE MANAGE-
MENT DATA.
2. THE COMMISSIONER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AND THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF
ENVIRONMENTAL PROTECTION SHALL DEVELOP AND CONDUCT A TRAINING PROGRAM
FOR THE SUSTAINABILITY COORDINATOR AND ASSIST HIM OR HER WITH THE TRAIN-
ING OF APPROPRIATE STAFF, VENDORS AND CONTRACTORS.
S 6. NEW CONSTRUCTION, RENOVATIONS AND LEASES. 1. (A) THE DESIGN AND
CONSTRUCTION OF ANY NEW BUILDINGS OR FACILITIES, OR THE SUBSTANTIAL
RENOVATION OF AN EXISTING BUILDING OR FACILITY, BY THE PORT AUTHORITY OF
NEW YORK AND NEW JERSEY SHALL COMPLY WITH THE ENVIRONMENTAL AND SUSTAIN-
ABILITY STANDARDS AND REGULATIONS PROMULGATED JOINTLY BY THE COMMISSION-
ER OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND
THE COMMISSIONER OF THE NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL
PROTECTION. THIS SUBDIVISION SHALL ALSO APPLY TO A BUILDING OR FACILITY,
FIFTY PERCENT OR MORE OF THE FUNDING FOR THE PURCHASE, LEASE, DESIGN,
CONSTRUCTION OR SUBSTANTIAL RENOVATION THEREOF IS FUNDED DIRECTLY OR
INDIRECTLY BY THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY.
(B) FOR THE PURPOSES OF THIS SECTION, THE TERM "SUBSTANTIAL RENO-
VATION" SHALL MEAN: A CAPITAL PROJECT IN WHICH THE SCOPE OF WORK
INVOLVES AT LEAST TWO OF THE FOLLOWING PRIMARY BUILDING SYSTEMS: ELEC-
TRICAL, PLUMBING, BOILER, ELEVATOR, HVAC, ROOF REPLACEMENT, WINDOW
REPLACEMENT, LIGHTING OR EXTERNAL MASONRY, PAINTING AND PLASTERING; AND
THE BUILDING AREA IN WHICH THE CONSTRUCTION IS PERFORMED WILL BE UNOCCU-
PIED DUE TO THE NATURE OF THE CONSTRUCTION FOR THIRTY DAYS OR MORE.
A. 3642 5
2. ANY LEASES ENTERED INTO BY THE PORT AUTHORITY OF NEW YORK AND NEW
JERSEY, INCLUDING THE RENEGOTIATION OR EXTENSION OF EXISTING LEASES,
SHALL:
(A) INCORPORATE LEASE PROVISIONS THAT ENCOURAGE ENERGY AND WATER EFFI-
CIENCY WHEREVER LIFE-CYCLE COST-EFFECTIVE. BUILD-TO-SUIT LEASE SOLICITA-
TIONS SHALL CONTAIN CRITERIA ENCOURAGING SUSTAINABLE DESIGN AND DEVELOP-
MENT, ENERGY EFFICIENCY, AND VERIFICATION OF FACILITY PERFORMANCE;
(B) INCLUDE A PREFERENCE FOR FACILITIES HAVING THE ENERGY STAR BUILD-
ING LABEL IN THEIR SELECTION CRITERIA FOR ACQUIRING LEASED FACILITIES;
AND
(C) ENCOURAGE LESSORS TO APPLY FOR AN ENERGY STAR BUILDING LABEL AND
TO EXPLORE AND IMPLEMENT PROJECTS THAT WILL REDUCE COSTS, INCLUDING
PROJECTS CARRIED OUT THROUGH THE LESSORS' ENERGY-SAVINGS CONTRACTS.
S 7. PROCUREMENT. 1. PROCUREMENT FROM SPECIFICATION LIST. (A) ALL
PURCHASES OF COMMODITY, EQUIPMENT, SERVICES AND TECHNOLOGIES MADE BY THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL BE PURSUANT TO PROCURE-
MENT LISTS AND SPECIFICATIONS PROMULGATED JOINTLY BY THE NEW YORK STATE
OFFICE OF GENERAL SERVICES AND THE NEW JERSEY STATE DIVISION OF PURCHASE
AND PROPERTY.
(B) IN ADDITION, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL
PROCURE COMMODITIES, EQUIPMENT, SERVICES AND TECHNOLOGIES THAT MEET OR
EXCEED THE FOLLOWING MINIMUM SPECIFICATIONS:
(1) RECYCLED CONTENT. ALL COPY PAPER AND OTHER PAPER SUPPLIES FOR
WHICH THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY HAS DEVELOPED
RECYCLED CONTENT RECOMMENDATIONS PURSUANT TO SECTION SIX THOUSAND TWO OF
THE FEDERAL RESOURCE CONSERVATION AND RECOVERY ACT SHALL BE REQUIRED TO
MEET OR EXCEED THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S MINIMUM
POST-CONSUMER MATERIAL CONTENT PERCENTAGES RECOMMENDED IN THE MOST
RECENT RECOVERED MATERIALS ADVISORY NOTICE ISSUED FOR SUCH COMMODITY IN
THE FEDERAL REGISTER; PROVIDED, HOWEVER, THAT XEROGRAPHIC PAPER SHALL
CONTAIN NO LESS THAN THIRTY PERCENT POST-CONSUMER RECYCLED CONTENT. ALL
COPY AND JANITORIAL PAPER SHALL BE PROCESSED CHLORINE-FREE TO THE EXTENT
PRACTICABLE. ALL STATE AUTHORITIES SHALL PRINT PUBLICATIONS ON RECYCLED
PAPER, AND MINIMUM PERCENTAGES SHALL BE MET UNLESS COSTS FOR SUCH PAPER
EXCEED THE COST OF OTHER AVAILABLE COMMODITIES BY MORE THAN TEN PERCENT.
(2) WASTE REDUCTION. STATE AUTHORITIES SHALL SEEK TO REDUCE WASTE IN
PRODUCTS AND PACKAGING, INCLUDING THE FORMULATION OF POLICIES TO PROMOTE
THE USE OF DOUBLE-SIDED COPYING AND PRINTING TO THE GREATEST EXTENT
PRACTICABLE. STATE AUTHORITIES SHALL FAVOR DURABILITY, REPAIRABILITY AND
REUSE WHEN PURCHASING SUPPLIES.
2. IF A COMMODITY OR EQUIPMENT IS NOT ON THE PROCUREMENT LIST, THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL SELECT ENERGY STAR AND
ENERGY-EFFICIENT PRODUCTS WHEN ACQUIRING ENERGY-USING PRODUCTS OR EQUIP-
MENT. FOR PRODUCTS OR EQUIPMENT FOR WHICH ENERGY STAR LABELS ARE NOT YET
AVAILABLE, THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL PROCURE
PRODUCTS AND EQUIPMENT WITH THE HIGHEST ENERGY EFFICIENCY RATINGS FOR
SUCH PRODUCTS OR EQUIPMENT AS IS PRACTICABLE.
3. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY MAY PROCURE A COMMOD-
ITY, EQUIPMENT, SERVICE OR TECHNOLOGY THROUGH A PROCESS THAT DOES NOT
COMPLY WITH THIS SECTION WHEN THE PURCHASE OF THE COMMODITY, EQUIPMENT,
SERVICE OR TECHNOLOGY IS NECESSARY TO RESPOND TO AN EMERGENCY WHICH
ENDANGERS PUBLIC HEALTH OR SAFETY, PROVIDED SUCH AUTHORITY SHALL WITHIN
SEVEN BUSINESS DAYS FILE A WRITTEN REPORT WITH THE AUTHORITY'S BUDGET
OFFICE AND THE OFFICE OF THE STATE COMPTROLLER, WHICH SHALL BECOME PART
OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
MATION:
A. 3642 6
(A) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH
SUBDIVISIONS ONE AND TWO OF THIS SECTION;
(B) THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE
SERVICE, ITS USE AND INTENSITY OF USE;
(C) A DESCRIPTION OF THE STEPS BEING TAKEN TO SAFEGUARD PUBLIC HEALTH
AND SAFETY DURING THE EMERGENCY; AND
(D) AN EXPLANATION OF HOW SUCH AN EMERGENCY CAN BE AVOIDED IN THE
FUTURE.
4. (A) BEGINNING ONE YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION,
THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY, WHEN PROCURING COMMOD-
ITIES, EQUIPMENT, SERVICES OR TECHNOLOGY SHALL FOLLOW PRACTICES AND
DEVELOP SOLICITATION SPECIFICATIONS THAT MEET OR EXCEED THE MINIMUM
SPECIFICATIONS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION. ALL SUCH
CONTRACTS SHALL INCLUDE A STATEMENT DESCRIBING HOW SUCH MINIMUM SPECIFI-
CATIONS WERE MET.
(B) IN THE EVENT THAT THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY
RECEIVES NO BIDS OR PROPOSALS THAT MEET THE SPECIFICATIONS DEVELOPED
PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION, SUCH AUTHORITY MAY WITH-
DRAW THE REQUEST FOR BIDS OR PROPOSALS AND BEGIN A NEW PROCUREMENT WITH
NEW SPECIFICATIONS THAT DO NOT MEET THE SPECIFICATIONS DEVELOPED PURSU-
ANT TO PARAGRAPH (A) OF THIS SUBDIVISION AND AWARD A CONTRACT IN ACCORD-
ANCE WITH OTHER APPLICABLE STATUTES; PROVIDED, HOWEVER THAT SUCH AUTHOR-
ITY SHALL DOCUMENT THE REASONS WHY SUCH PROCUREMENT DOES NOT MEET THE
MINIMUM SPECIFICATIONS ESTABLISHED IN SUBDIVISION ONE OF THIS SECTION,
AND SUBMIT SUCH DOCUMENTATION FOR INCLUSION IN THE ANNUAL REPORT
REQUIRED PURSUANT TO THIS ARTICLE AND TO THE OFFICE OF THE STATE COMP-
TROLLER OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE COMPTROLLER
OF THE STATE OF NEW JERSEY FOR INCLUSION IN THE PROCUREMENT RECORD.
5. (A) NOTHING IN THIS SECTION SHALL BE CONSTRUED AS REQUIRING THE
PORT AUTHORITY OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIP-
MENT, SERVICE OR TECHNOLOGY THAT DOES NOT MEET THE FORM, FUNCTION AND
UTILITY REQUIRED BY SUCH AUTHORITY, OR AS REQUIRING THE PORT AUTHORITY
OF NEW YORK AND NEW JERSEY TO PROCURE A COMMODITY, EQUIPMENT, SERVICE OR
TECHNOLOGY THE COST OF WHICH EXCEEDS THE COST OF AN ALTERNATIVE AVAIL-
ABLE COMMODITY OR SERVICE BY MORE THAN TEN PERCENT.
(B) WHEN DETERMINING AND COMPARING COSTS, THE PORT AUTHORITY OF NEW
YORK AND NEW JERSEY SHALL CONSIDER THE FOLLOWING DEFINITION. "COSTS" AS
USED IN THIS ARTICLE SHALL BE QUANTIFIABLE AND MAY INCLUDE, WITHOUT
LIMITATION, THE PRICE OF THE GIVEN GOOD OR SERVICE BEING PURCHASED; THE
ADMINISTRATIVE, TRAINING, STORAGE, MAINTENANCE OR OTHER OVERHEAD ASSOCI-
ATED WITH A GIVEN GOOD OR SERVICE; THE VALUE OF WARRANTIES, DELIVERY
SCHEDULES, FINANCING COSTS AND FOREGONE OPPORTUNITY COSTS ASSOCIATED
WITH A GIVEN GOOD OR SERVICE; AND THE LIFE SPAN AND ASSOCIATED LIFE
CYCLE COSTS OF THE GIVEN GOOD OR SERVICE BEING PURCHASED. LIFE CYCLE
COSTS MAY INCLUDE, BUT SHALL NOT BE LIMITED TO, COSTS OR SAVINGS ASSOCI-
ATED WITH CONSTRUCTION, ENERGY USE, MAINTENANCE, OPERATION, AND SALVAGE
OR DISPOSAL.
6. TRAINING AND EDUCATION. THE NEW YORK STATE OFFICE OF GENERAL
SERVICES AND THE NEW JERSEY STATE DIVISION OF PURCHASE AND PROPERTY,
WITH THE ASSISTANCE OF THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION AND THE NEW JERSEY STATE DEPARTMENT OF ENVIRONMENTAL
PROTECTION, THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW JERSEY
STATE DEPARTMENT OF HEALTH AND SENIOR SERVICES, AND THE OFFICE OF THE
STATE COMPTROLLER OF THE STATE OF NEW YORK AND THE OFFICE OF THE STATE
COMPTROLLER OF THE STATE OF NEW JERSEY, WITHIN TWELVE MONTHS OF THE
EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND BEGIN IMPLEMENTATION OF
A. 3642 7
A TRAINING PROGRAM FOR SENIOR MANAGERS AND PORT AUTHORITY OF NEW YORK
AND NEW JERSEY STAFF INVOLVED IN PROCUREMENT TO FAMILIARIZE THEM WITH
THEIR RESPONSIBILITIES UNDER THIS SECTION AND ENSURE THE EFFECTIVE AND
EFFICIENT IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION. SUCH PROGRAM
SHALL PROVIDE FOR NEW EMPLOYEE TRAINING AND ONGOING TRAINING.
S 8. REPORTS. 1. THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY SHALL
PREPARE AND SUBMIT TO THE GOVERNORS OF THE STATES OF NEW YORK AND NEW
JERSEY AND THE STATE LEGISLATURES OF NEW YORK AND NEW JERSEY AN ANNUAL
PROGRESS REPORT IN A FORM OR MANNER, CONTAINING SUCH INFORMATION OR
DATA, AND ON SUCH DATE DETERMINED BY THE COUNCIL. THE REPORT SHALL BE
CERTIFIED AS ACCURATE AND COMPLETE BY THE EXECUTIVE DIRECTOR OF THE PORT
AUTHORITY OF NEW YORK AND NEW JERSEY.
2. AT A MINIMUM, SUCH REPORT SHALL DESCRIBE:
(A) THE PORT AUTHORITY OF NEW YORK AND NEW JERSEY'S EFFORTS REGARDING
REDUCTION IN ENERGY AND WATER CONSUMPTION; WASTE REDUCTION AND RECYCLING
ACTIVITIES; RECYCLED PRODUCT PROCUREMENT; QUANTITIES OF MATERIAL RECY-
CLED;
(B) THE PROGRESS MADE TOWARD ACHIEVING THE TARGET AND GOALS MANDATED
IN THIS ARTICLE;
(C) THE PROGRESS MADE TOWARD INCREASING THE USE OF RENEWABLE ENERGY
SOURCES; AND
(D) BARRIERS TO ACHIEVING PROGRESS TOWARD MEETING THE TARGETS AND
GOALS.
S 2. Severability. If any clause, sentence, paragraph, section or part
of this act shall be adjudged by any court of competent jurisdiction to
be invalid, the judgment shall not affect, impair, or invalidate the
remainder thereof, but shall be confined in its operation to the clause,
sentence, paragraph, section or part thereof directly involved in the
controversy in which the judgment shall have been rendered.
S 3. This act shall take effect upon the enactment into law by the
state of New Jersey of legislation having an identical effect with this
act, but if the state of New Jersey shall have already enacted such
legislation, this act shall take effect immediately; provided that the
chairman of the port authority of New Jersey shall notify the legisla-
tive bill drafting commission upon the occurrence of the enactment of
the legislation provided for in section one of this act in order that
the commission may maintain an accurate and timely effective data base
of the official text of the laws of the state of New York in furtherance
of effectuating the provisions of section 44 of the legislative law and
section 70-b of the public officers law.