S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 875--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO,  AVELLA, HOYLMAN, KRUEGER,
  LATIMER, VALESKY -- read twice and ordered printed, and  when  printed
  to  be  committed  to the Committee on Finance -- committee discharged
  and said bill committed to the Committee on Infrastructure and Capital
  Investment -- committee discharged, bill amended, ordered reprinted as
  amended and recommitted to said committee

AN ACT to amend the state finance law, the economic development law  and
  the  environmental conservation law, in relation to the state procure-
  ment process and to healthy and green procurement

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  This act shall be known and may be cited as the "New York
state healthy and green procurement act".
  S 2. Legislative findings  and  declaration.  The  legislature  hereby
finds and declares that:
  (a)  As  New York moves into the twenty-first century the state 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 commodities and technologies, the construction of  buildings
and the provision of services utilizing toxic chemicals may have adverse
impacts  on  public health and the environment. Persistent, bioaccumula-
tive toxic chemicals, such as mercury, lead, dioxin and poly  brominated
diphenyl  ethers,  are toxic in small amounts, remain in the environment
for long periods of time, and build to dangerous levels in humans,  fish
and  other  animals;  and  this  group of pollutants known as persistent
bioaccumulative toxic chemicals (PBT) pose risks to  public  health  and
the environment through their ability to cause cancer, birth defects and
endocrine  disruption.  Such  chemicals  have polluted hundreds of water
bodies, fish and waterfowl in the state. These  adverse  impacts  impose
costs  on  the  state and, ultimately, society as a whole in the form of

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
              

                                                           LBD04607-02-3

S. 875--A                           2

injury, disease and death; health care expenses; disposal, liability and
cleanup costs; the waste of resources and raw materials; and an impaired
natural environment.  PBT and cancer-causing chemicals may be found in a
wide  range  of consumer products purchased by state agencies, including
lighting supplies,  computers  and  other  office  equipment,  vehicles,
medical  equipment,  building  supplies  and  printing inks. 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 put New York
businesses in an advantageous position to compete in the global  market-
place.
  (b)  New  York  looks  forward  to  the time when the state's power is
generated from renewable and clean sources,  when  our  homes,  schools,
businesses   and   government   facilities   are  energy  efficient  and
constructed, refurbished and maintained using healthy and green products
and practices, when pollution prevention is embraced by  government  and
businesses  as  a  way  to  save money and protect public health and the
environment, when government and citizens use energy efficient and clean
vehicles, when pests are controlled with nontoxic or least toxic  alter-
natives,  when  our production of waste is significantly reduced and the
rest is recycled, and when our homes, schools, workplaces, food, air and
water are free from toxic contaminants.
  (c) Protecting public health and the environment  is  consistent  with
the  traditional  considerations associated with state procurement prac-
tice, including lowest price, best value, quality, cost and  efficiency.
Determining  quality,  value and efficiency should include the consider-
ation of public  health  and  environmental  impacts.  Considering  such
impacts  early  in  the  procurement  process  and  adopting an ethic of
pollution prevention will not only reduce pollution and waste,  it  will
reduce costs throughout a commodity, service or technology's life cycle.
  (d)  Through the volume of government procurement, government can play
a significant role in spurring private sector development of high  value
commodities  and  services.  This,  in  turn,  will  create business and
employment opportunities in  New  York  state,  foster  competition  and
harness  the  energy of the market to produce products and services that
perform better and cost less. As supply increases, prices will decrease,
and high performance, healthy and green commodities, services and  tech-
nologies will become more affordable for all consumers.
  S  3.  Subdivision 5 of section 160 of the state finance law, as added
by chapter 83 of the laws of 1995, is amended to read as follows:
  5. "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  associated  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 associated with RAW MATERIALS, PRODUCTION, MANUFACTUR-
ING, construction, PACKAGING, DISTRIBUTION,  USE,  energy  use,  mainte-
nance,  operation,  and salvage or disposal, AND, IF SUCH INFORMATION IS
READILY AVAILABLE, ANY INDIRECT ASSOCIATED PUBLIC  HEALTH  AND  ENVIRON-
MENTAL COSTS.
  S  4. Paragraph a of subdivision 1 of section 161 of the state finance
law, as amended by chapter 452 of the laws of 2012, is amended  to  read
as follows:

S. 875--A                           3

  a.  The state procurement council shall continuously strive to improve
the state's procurement process.  Such council shall consist  of  [twen-
ty-one] TWENTY-FIVE members, including the commissioner, the state comp-
troller,  the director of the budget, the chief diversity officer [and],
the  commissioner  of  economic development, THE COMMISSIONER OF HEALTH,
AND THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, or their  respective
designees;  [seven]  FIVE  members who shall be the heads of other large
and small state agencies chosen by the  governor,  or  their  respective
designees;  one  member,  appointed by the governor, representing a not-
for-profit New York-based organization engaged in the  marketing  and/or
promotion of New York grown farm and agricultural products or a not-for-
profit  New  York-based  organization  engaged  solely  in the advocacy,
marketing and/or promotion of organic New York grown farm  and  agricul-
tural  products  to be limited to a two year term; and [eight] TWELVE at
large members appointed as follows: [three] FIVE appointed by the tempo-
rary president of the senate, one of whom shall be a  representative  of
local government [and], one of whom shall be a representative of private
business,  AND  ONE OF WHOM SHALL BE A REPRESENTATIVE OF AN ORGANIZATION
WHOSE PRIME FUNCTION IS THE ENHANCEMENT OF PUBLIC HEALTH OR THE ENVIRON-
MENT; [three] FIVE appointed by the speaker of the assembly, one of whom
shall be a representative of local government [and], one of  whom  shall
be  a  representative  of  private  business, AND ONE OF WHOM SHALL BE A
REPRESENTATIVE OF AN ORGANIZATION WHOSE PRIME FUNCTION IS  THE  ENHANCE-
MENT  OF PUBLIC HEALTH OR THE ENVIRONMENT; one appointed by the minority
leader of the senate; and, one appointed by the minority leader  of  the
assembly;  and  two  non-voting  observers  appointed  as  follows:  one
appointed by the temporary president of the senate and one appointed  by
the speaker of the assembly. The non-voting observers shall be provided,
contemporaneously,   all  documentation  and  materials  distributed  to
members. The council shall be chaired by the commissioner and shall meet
at least quarterly.
  S 5. The state finance law is amended by adding a new section 164-a to
read as follows:
  S 164-A. HEALTHY AND GREEN PROCUREMENT.  1. HEALTHY AND GREEN PROCURE-
MENT POLICY. IT IS HEREBY DECLARED TO BE THE POLICY OF THE STATE TO  THE
EXTENT  PRACTICABLE  TO  PURCHASE COMMODITIES, SERVICES AND TECHNOLOGIES
THAT MINIMIZE POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND  THE  ENVI-
RONMENT  WHEN COMPARED WITH COMPETING COMMODITIES, SERVICES OR TECHNOLO-
GIES THAT SERVE THE SAME PURPOSE.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  TERMS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  A.  "POLLUTION  PREVENTION" SHALL MEAN POLLUTION PREVENTION AS DEFINED
IN ARTICLE TWENTY-EIGHT OF THE ENVIRONMENTAL CONSERVATION LAW.
  B. "PRIORITY TOXIC SUBSTANCES OF CONCERN" SHALL INCLUDE,  BUT  NOT  BE
LIMITED  TO,  ANY  SUBSTANCE  LISTED AS KNOWN TO BE OR REASONABLY ANTIC-
IPATED, PURSUANT TO THE NATIONAL TOXICOLOGY PROGRAM REPORT  ON  CARCINO-
GENS,  TO  BE  A  HUMAN  CARCINOGEN IN THE NATIONAL TOXICOLOGY PROGRAM'S
BIENNIAL REPORT ON CARCINOGENS SUBMITTED TO THE UNITED  STATES  CONGRESS
BY THE SECRETARY OF HEALTH AND HUMAN SERVICES; AND ANY SUBSTANCE IDENTI-
FIED  AS  A  PERSISTENT  AND/OR BIOACCUMULATIVE TOXIC SUBSTANCE ON LISTS
MAINTAINED BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, INCLUD-
ING THE NATIONAL PARTNERSHIP FOR ENVIRONMENTAL PRIORITIES; OR THE INTER-
NATIONAL JOINT COMMISSION CREATED PURSUANT  TO  THE  GREAT  LAKES  WATER
QUALITY  AGREEMENT OF 1978; AND PERFLUORINATED COMPOUNDS, DIOXIN, BROMI-
NATED FLAME  RETARDANTS  AND  BISPHENOL  A  DUE  TO  THEIR  TOXICITY  IN
PRODUCTION, USE AND DISPOSAL.

S. 875--A                           4

  3. MINIMUM SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT.  CONSIST-
ENT  WITH DETERMINATIONS OF NEED REQUIRED BY SUBDIVISION FIVE OF SECTION
ONE HUNDRED SIXTY-THREE  OF  THIS  ARTICLE,  ALL  STATE  AGENCIES  SHALL
PROCURE  COMMODITIES,  SERVICES AND TECHNOLOGIES THAT MEET OR EXCEED THE
FOLLOWING MINIMUM SPECIFICATIONS:
  A. 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 AGENCY'S MINIMUM POST-CONSUMER MATERIAL  CONTENT  PERCENT-
AGES  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. THE COMMISSIONER SHALL ALSO MAKE  AVAIL-
ABLE TO ALL AGENCIES, ONE HUNDRED PERCENT POST-CONSUMER, PROCESSED CHLO-
RINE-FREE  COPY PAPER. ALL AGENCIES 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.
  B.  WASTE  REDUCTION.  AGENCIES 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.
AGENCIES SHALL FAVOR DURABILITY, REPAIRABILITY AND REUSE WHEN PURCHASING
SUPPLIES.  THE  COMMISSIONER  SHALL ESTABLISH MINIMUM SPECIFICATIONS FOR
WASTE REDUCTION WITHIN TWELVE MONTHS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION.
  C.  ENERGY  EFFICIENCY.  ALL  COMMODITIES FOR WHICH THE FEDERAL ENERGY
MANAGEMENT PROGRAM OF THE UNITED STATES DEPARTMENT OF ENERGY HAS  ISSUED
PRODUCT  ENERGY  EFFICIENCY  RECOMMENDATIONS  SHALL  MEET OR EXCEED SUCH
RECOMMENDATIONS.  AGENCIES SHALL SEEK TO ACHIEVE  REDUCTIONS  IN  ENERGY
AND PETROLEUM CONSUMPTION; ADHERE TO ENERGY STAR BUILDING CRITERIA; SEEK
OUT  OFFICE  SPACE  AND REAL ESTATE INVESTMENTS IN BUILDINGS WITH ENERGY
STAR RATING; AND FOLLOW THE PUBLIC SERVICE COMMISSION'S RENEWABLE  PORT-
FOLIO  STANDARD  TO INCREASE THE PURCHASE OF RENEWABLE ENERGY SO THAT AT
LEAST TWENTY-FIVE PERCENT OF THE OVERALL ANNUAL ELECTRIC ENERGY REQUIRE-
MENTS OF BUILDINGS OWNED, LEASED OR OPERATED BY STATE AGENCIES  WILL  BE
RENEWABLE ENERGY BY TWO THOUSAND NINETEEN.
  D.   GREEN   BUILDINGS.   ALL   CAPITAL  PROJECTS  WITH  AN  ESTIMATED
CONSTRUCTION COST OF TWO MILLION  DOLLARS  OR  MORE  INVOLVING  (1)  THE
CONSTRUCTION OF A NEW BUILDING, (2) AN ADDITION TO AN EXISTING BUILDING,
OR  (3)  THE SUBSTANTIAL RECONSTRUCTION OF AN EXISTING BUILDING SHALL BE
DESIGNATED AND CONSTRUCTED TO COMPLY WITH BUILDING  STANDARDS  NOT  LESS
STRINGENT  THAN  THE  STANDARDS  PRESCRIBED  BY  THE UNITED STATES GREEN
BUILDING COUNCIL LEADERSHIP IN ENERGY AND  ENVIRONMENTAL  DESIGN  SILVER
RATING AND STANDARDS SET FORTH IN THE DEFINITION OF A "GREEN BASE BUILD-
ING" AS DEFINED IN SECTION NINETEEN OF THE TAX LAW, OR ANY PORTION THER-
EOF, ANY MODIFICATION OF OR AMENDMENTS THERETO, AND TO UTILIZE MATERIALS
WHICH DO NOT CONTAIN POLYVINYL CHLORIDE TO THE GREATEST EXTENT PRACTICA-
BLE.  IN ADDITION, ALL STATE-OWNED AND OPERATED BUILDINGS OF FIFTY THOU-
SAND  SQUARE FEET OR LARGER SHALL BE OPERATED TO MEET SUCH STANDARDS FOR
EXISTING BUILDINGS TO THE MAXIMUM EXTENT PRACTICABLE THAT IS COST EFFEC-
TIVE BY NOT LATER THAN TWO THOUSAND EIGHTEEN.
  4. SPECIFICATIONS TO INCORPORATE HEALTHY AND GREEN  PROCUREMENT.    A.
BEGINNING  ONE  YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, ALL STATE
AGENCIES, WHEN PROCURING COMMODITIES, SERVICES OR TECHNOLOGY PURSUANT TO
SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTICLE, SHALL FOLLOW  PRACTICES
AND  DEVELOP SOLICITATION SPECIFICATIONS THAT MEET OR EXCEED THE MINIMUM

S. 875--A                           5

SPECIFICATIONS FOR HEALTHY AND GREEN PROCUREMENT ESTABLISHED IN SUBDIVI-
SION THREE OF THIS SECTION. ALL SUCH CONTRACTS SHALL INCLUDE A STATEMENT
DESCRIBING HOW SUCH MINIMUM SPECIFICATIONS WERE MET.
  B. IN THE EVENT THAT AN AGENCY RECEIVES NO BIDS OR PROPOSALS THAT MEET
THE  SPECIFICATIONS  DEVELOPED  PURSUANT TO PARAGRAPH A OF THIS SUBDIVI-
SION, SUCH AGENCY MAY WITHDRAW THE REQUEST FOR  BIDS  OR  PROPOSALS  AND
BEGIN  A NEW PROCUREMENT WITH NEW SPECIFICATIONS WITHOUT SUCH SPECIFICA-
TIONS AND AWARD A CONTRACT IN ACCORDANCE WITH OTHER APPLICABLE STATUTES;
PROVIDED, HOWEVER THAT SUCH AGENCY SHALL DOCUMENT THE REASONS  WHY  SUCH
PROCUREMENT  DOES  NOT  MEET  THE MINIMUM SPECIFICATIONS FOR HEALTHY AND
GREEN PROCUREMENT  ESTABLISHED  IN  THIS  SUBDIVISION  AND  SUBMIT  SUCH
DOCUMENTATION  TO  THE  COMMISSIONER  FOR INCLUSION IN THE ANNUAL REPORT
REQUIRED PURSUANT TO THIS SECTION AND TO THE OFFICE OF  THE  COMPTROLLER
FOR INCLUSION IN THE PROCUREMENT RECORD.
  5. BALANCING HEALTHY AND GREEN PROCUREMENT WITH PRICE, LOWEST COST AND
BEST VALUE.
  A.  NOTHING  IN  THIS  SECTION SHALL BE CONSTRUED AS REQUIRING A STATE
AGENCY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THAT DOES NOT  MEET
THE  FORM, FUNCTION AND UTILITY REQUIRED BY SUCH AGENCY, OR AS REQUIRING
A STATE AGENCY TO PROCURE A COMMODITY, SERVICE OR TECHNOLOGY THE COST OF
WHICH EXCEEDS THE COST OF AN ALTERNATIVE AVAILABLE COMMODITY OR  SERVICE
BY MORE THAN TEN PERCENT.
  B. WHEN DETERMINING AND COMPARING COSTS, STATE AGENCIES SHALL CONSIDER
COST AS DEFINED IN SECTION ONE HUNDRED SIXTY OF THIS ARTICLE.
  6.  HEALTHY  AND GREEN PROCUREMENT OFFICER, COORDINATORS, COORDINATING
COUNCIL.
  A. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  THE  COMMISSIONER SHALL ASSIGN AN INDIVIDUAL WITHIN THE OFFICE
OF GENERAL SERVICES TO SERVE AS THE STATE HEALTHY AND GREEN  PROCUREMENT
OFFICER.    SUCH OFFICER SHALL ASSIST THE COMMISSIONER WITH CARRYING OUT
HIS OR HER DUTIES UNDER THIS SECTION, INCLUDING BUT NOT LIMITED TO:
  (I) ASSISTING THE COMMISSIONER WITH THE DEVELOPMENT AND  PROVISION  OF
GUIDANCE FOR HEALTHY AND GREEN PROCUREMENT PURSUANT TO THIS SECTION;
  (II)  THE  IDENTIFICATION  OF  AT  LEAST  THREE "TARGET CATEGORIES" OF
COMMODITIES, SERVICES AND/OR  TECHNOLOGIES  ANNUALLY  PURSUANT  TO  THIS
SECTION;
  (III)  THE  DEVELOPMENT OF CRITERIA FOR THE EVALUATION OF COMMODITIES,
SERVICES AND/OR TECHNOLOGIES WITHIN TARGETED CATEGORIES;
  (IV) THE CREATION OF APPROVED HEALTHY AND GREEN SUPPLIES LISTS;
  (V) THE EVALUATION OF CURRENT STATE AGENCY PROCUREMENT  PRACTICES  AND
THE  TRACKING OF PROGRESS IN IMPLEMENTING THE HEALTHY AND GREEN PROCURE-
MENT POLICY, INCLUDING THE  INTEGRATION  OF  ENVIRONMENTALLY  PREFERABLE
PURCHASING  AND  HEALTHY AND GREEN SUPPLIES LISTS FOR ALL NEW PURCHASING
OF PRODUCTS, SERVICES AND TECHNOLOGIES IN TARGET CATEGORIES;
  (VI) THE DEVELOPMENT OF THE ENVIRONMENTAL AUDIT PROGRAM;
  (VII) CONSIDERATION OF ADDITIONAL PRIORITY TOXIC SUBSTANCES OF CONCERN
AS RECOMMENDED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION  AND  THE
DEPARTMENT OF HEALTH;
  (VIII) THE DEVELOPMENT OF GUIDELINES FOR PUBLIC PARTICIPATION;
  (IX) THE DESIGN AND IMPLEMENTATION OF TRAINING, OUTREACH AND EDUCATION
PROGRAMS;
  (X) DEVELOP METRICS FOR MEASURING PROGRESS IN IMPLEMENTING THE HEALTHY
AND  GREEN  PROCUREMENT  POLICY,  CRITERIA  AND  MINIMUM SPECIFICATIONS,
INCLUDING THE IDENTIFICATION OF MILESTONES AND QUANTIFIABLE  GOALS  THAT
CAN BE USED TO MEASURE SUCH PROGRESS;

S. 875--A                           6

  (XI)  THE PREPARATION AND SUBMITTAL OF ANNUAL REPORTS AND THE PERFORM-
ANCE OF A COMPREHENSIVE FIVE YEAR REVIEW; AND
  (XII)  ADVISE THE GOVERNOR AND THE LEGISLATURE REGARDING THE IMPLEMEN-
TATION OF THE HEALTHY AND GREEN PROCUREMENT POLICY.
  B. WITHIN ONE HUNDRED EIGHTY  DAYS  OF  THE  EFFECTIVE  DATE  OF  THIS
SECTION,  EACH  STATE  AGENCY  WITH  ONE HUNDRED EMPLOYEES OR MORE SHALL
ASSIGN AN INDIVIDUAL  WITHIN  SUCH  AGENCY  TO  SERVE  AS  THE  AGENCY'S
SUSTAINABLE PROCUREMENT COORDINATOR.
  7.  TARGET  COMMODITY,  SERVICE  AND/OR  TECHNOLOGY CATEGORIES. WITHIN
TWELVE MONTHS OF THE EFFECTIVE DATE OF THIS SECTION AND ANNUALLY  THERE-
AFTER,  THE  COMMISSIONER,  IN  CONSULTATION  WITH THE STATE PROCUREMENT
COUNCIL, SHALL IDENTIFY  A  MINIMUM  OF  THREE  "TARGET  CATEGORIES"  OF
COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES,  WHICH FOR THE PURPOSES OF
THIS CHAPTER SHALL MEAN CATEGORIES OF COMMODITIES, SERVICES AND/OR TECH-
NOLOGIES PROCURED BY THE STATE WHICH  MAY  HAVE  AN  ADVERSE  IMPACT  ON
PUBLIC HEALTH OR THE ENVIRONMENT AND FOR WHICH HEALTHY AND GREEN COMMOD-
ITIES, SERVICES OR TECHNOLOGIES SHOULD BE IDENTIFIED AND SUBSTITUTED.
  8.  ENVIRONMENTALLY  PREFERABLE  PURCHASING  CRITERIA  FOR HEALTHY AND
GREEN PROCUREMENT. WITHIN TWELVE MONTHS OF THE IDENTIFICATION AND RECOM-
MENDATION OF AT LEAST THREE "TARGET CATEGORIES" PURSUANT TO  SUBDIVISION
SEVEN  OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION WITH THE STATE
PROCUREMENT COUNCIL SHALL DEVELOP ENVIRONMENTALLY PREFERABLE  PURCHASING
CRITERIA FOR THE EVALUATION AND PROCUREMENT OF PRODUCTS, SERVICES AND/OR
TECHNOLOGIES  WITHIN  SUCH  TARGETED  CATEGORIES.  THE FOLLOWING FACTORS
SHALL BE CONSIDERED IN THE DEVELOPMENT OF SUCH CRITERIA:
  A. PROTECTION OF PUBLIC HEALTH AND THE ENVIRONMENT AND  THE  CONSERVA-
TION OF NATURAL RESOURCES;
  B.  THE  PROTECTION  OF DRINKING WATER, GROUNDWATER, SURFACE WATER AND
AIR (INCLUDING INDOOR AIR); AND THE PROTECTION OF ECOLOGICAL SYSTEMS;
  C. POLLUTION PREVENTION, INCLUDING, BUT NOT  LIMITED  TO,  CONSIDERING
HEALTHY  AND  GREEN  PROCUREMENT  DURING  THE DESIGN PHASE OF CUSTOMIZED
COMMODITIES, SERVICES OR TECHNOLOGIES;
  D. AVOIDANCE OF PRIORITY TOXIC SUBSTANCES; AND
  E. POSITIVE LIFE CYCLE ATTRIBUTES, INCLUDING BUT NOT  LIMITED  TO  THE
MINIMIZATION OF POTENTIAL ADVERSE IMPACTS ON PUBLIC HEALTH AND THE ENVI-
RONMENT  ASSOCIATED WITH RAW MATERIALS ACQUISITION, PRODUCTION, MANUFAC-
TURING, PACKAGING, TRANSPORTATION, DISTRIBUTION, USE, OPERATION, MAINTE-
NANCE AND DISPOSAL.
  9. HEALTHY AND GREEN SUPPLY LISTS.
  A. FOR EACH TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY IDEN-
TIFIED AND RECOMMENDED PURSUANT TO SUBDIVISION SEVEN  OF  THIS  SECTION,
THE  COMMISSIONER,  IN  CONSULTATION WITH THE STATE PROCUREMENT COUNCIL,
SHALL APPROVE SPECIFIC  COMMODITIES,  SERVICES  AND/OR  TECHNOLOGIES  AS
CONSISTENT  WITH THE HEALTHY AND GREEN PROCUREMENT POLICY, MINIMUM SPEC-
IFICATIONS, AND ENVIRONMENTALLY PREFERABLE  PURCHASING  CRITERIA  ESTAB-
LISHED  IN  SUBDIVISIONS  ONE,  THREE  AND  EIGHT  OF THIS SECTION. SUCH
COMMODITY, SERVICE OR TECHNOLOGY SHALL THEN  BE  ADDED  TO  AN  APPROVED
HEALTHY AND GREEN SUPPLY LIST FOR SUCH CATEGORY.
  B.  THE COMMISSIONER SHALL CREATE AN APPROVED HEALTHY AND GREEN SUPPLY
LIST PURSUANT TO THE REQUIREMENTS OF THE STATE ADMINISTRATIVE  PROCEDURE
ACT, FOR A TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORY NO LATER
THAN  TWELVE  MONTHS  FOLLOWING THE IDENTIFICATION AND RECOMMENDATION OF
SUCH CATEGORY PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION,  AND  SHALL
REVIEW AND REVISE APPROVED LISTS ANNUALLY.
  10.  PROCUREMENT FROM HEALTHY AND GREEN SUPPLY LISTS.  A. WHEN PROCUR-
ING A COMMODITY, SERVICE OR TECHNOLOGY WITHIN A  TARGETED  CATEGORY  FOR

S. 875--A                           7

WHICH  AN APPROVED HEALTHY AND GREEN SUPPLY LIST HAS BEEN CREATED, STATE
AGENCIES SHALL PROCURE SUCH COMMODITY, SERVICE OR TECHNOLOGY  FROM  SUCH
LIST.
  B.  WHEN A STATE AGENCY WANTS TO PROCURE A COMMODITY, SERVICE OR TECH-
NOLOGY WITHIN A TARGETED CATEGORY FOR  WHICH  AN  APPROVED  HEALTHY  AND
GREEN SUPPLY LIST HAS BEEN CREATED, BUT SUCH COMMODITY, SERVICE OR TECH-
NOLOGY  DOES  NOT  APPEAR ON SUCH LIST, SUCH AGENCY MUST OBTAIN A WAIVER
FROM  THE  REQUIREMENTS  OF  THIS  SUBDIVISION  FROM  THE  COMMISSIONER,
PROVIDED,  HOWEVER,  THAT  SUCH  WAIVER  SHALL  NOT  BE REQUIRED FOR THE
PURCHASE OF COMMODITIES, SERVICES  AND/OR  TECHNOLOGIES  FROM  THE  LIST
AVAILABLE  FOR PURCHASE FROM PREFERRED SOURCES MAINTAINED BY THE COMMIS-
SIONER PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO  OF  THIS  ARTICLE.  AN
APPLICATION  FOR SUCH A WAIVER SHALL BE FILED WITH THE COMMISSIONER, WHO
SHALL NOTIFY THE PUBLIC, PROVIDE FOR A PUBLIC COMMENT PERIOD, AND RENDER
A WRITTEN DECISION ON SUCH APPLICATION WITHIN FORTY-FIVE DAYS. A  WAIVER
MAY  BE  GRANTED  WHEN  NO  COMMODITY, SERVICE AND/OR TECHNOLOGY ON SUCH
APPROVED ALTERNATIVES LIST MEETS AN AGENCY'S PERFORMANCE  STANDARDS.  IN
ORDER  TO  OBTAIN  A WAIVER, THE STATE AGENCY REQUESTING THE WAIVER MUST
SHOW THAT IT HAS:
  (I) THOROUGHLY TESTED EACH  COMMODITY  OR  TECHNOLOGY,  OR  THOROUGHLY
INVESTIGATED EACH SERVICE, ON THE APPROVED SUPPLY LIST AND NONE MEET THE
AGENCY'S PERFORMANCE STANDARDS;
  (II) DISCLOSED THE USE AND INTENSITY OF USE FOR THE COMMODITY, SERVICE
OR TECHNOLOGY AND DEVELOPED A REASONABLE PLAN TO MINIMIZE THE USE OF THE
SELECTED  COMMODITY, SERVICE OR TECHNOLOGY AND PROTECT EMPLOYEES AND THE
PUBLIC FROM EXPOSURE TO ANY PRIORITY TOXIC SUBSTANCE OF CONCERN; AND
  (III) PREPARED A PLAN TO  INVESTIGATE  ALTERNATIVES  TO  THE  SELECTED
COMMODITY, SERVICE OR TECHNOLOGY DURING THE WAIVER PERIOD.
  C.  A  STATE  AGENCY  MAY  PROCURE  A COMMODITY, SERVICE OR TECHNOLOGY
THROUGH A PROCESS THAT DOES NOT COMPLY WITH THIS  SUBDIVISION  WHEN  THE
PURCHASE  OF  A COMMODITY, SERVICE OR TECHNOLOGY IS NECESSARY TO RESPOND
TO AN EMERGENCY WHICH ENDANGERS PUBLIC HEALTH OR SAFETY,  PROVIDED  SUCH
AGENCY  SHALL  WITHIN SEVEN BUSINESS DAYS FILE A WRITTEN REPORT WITH THE
COMMISSIONER AND THE OFFICE OF THE COMPTROLLER, WHICH SHALL BECOME  PART
OF THE PROCUREMENT RECORD. THE REPORT SHALL CONTAIN THE FOLLOWING INFOR-
MATION:
  (I) A DESCRIPTION OF THE EMERGENCY THAT PREVENTED COMPLIANCE WITH THIS
SUBDIVISION;
  (II)  THE NAME OF THE COMMODITY OR TECHNOLOGY, OR A DESCRIPTION OF THE
SERVICE, ITS USE AND INTENSITY OF USE;
  (III) A DESCRIPTION OF THE  STEPS  BEING  TAKEN  TO  SAFEGUARD  PUBLIC
HEALTH AND SAFETY DURING THE EMERGENCY; AND
  (IV)  AN  EXPLANATION  OF  HOW SUCH AN EMERGENCY CAN BE AVOIDED IN THE
FUTURE.
  11. TRACKING OF PROCUREMENT PRACTICES AND DATA.  WITHIN TWELVE  MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, THE COMMISSIONER, IN CONSULTATION
WITH THE STATE PROCUREMENT COUNCIL, SHALL:
  A.  REVIEW ALL PROCUREMENT REGULATIONS, GENERIC SOLICITATION LANGUAGE,
SPECIFICATIONS AND PROCEDURES TO ENSURE THAT THEY DO NOT  CONFLICT  WITH
THE  HEALTHY  AND  GREEN  PROCUREMENT POLICY, MINIMUM SPECIFICATIONS AND
CRITERIA ESTABLISHED PURSUANT TO SUBDIVISIONS ONE, THREE  AND  EIGHT  OF
THIS SECTION.
  B.  DEVELOP  METRICS AND IDENTIFICATION OF MILESTONES AND QUANTIFIABLE
GOALS THAT CAN BE USED TO MEASURE PROGRESS IN IMPLEMENTING  THE  STATE'S
HEALTHY AND GREEN PROCUREMENT POLICY.

S. 875--A                           8

  C.  DEVELOP  AN  EFFICIENT  AND  PRACTICABLE METHOD FOR COLLECTING AND
COMPILING PROCUREMENT DATA FROM STATE AGENCIES, INCLUDING BUT NOT LIMIT-
ED TO ESTIMATES OF THE VOLUME SPENT,  QUANTITY  PURCHASED,  AND  GENERAL
PURCHASING  TRENDS FOR COMMODITIES, SERVICES AND TECHNOLOGIES, INCLUDING
HEALTHY  AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES INCLUDED IN AN
APPROVED SUPPLY LIST OR A CENTRALIZED CONTRACT.
  12. TRAINING, OUTREACH AND EDUCATION.  A. WITH THE ASSISTANCE  OF  THE
DEPARTMENT  OF ENVIRONMENTAL CONSERVATION, THE DEPARTMENT OF HEALTH, AND
THE OFFICE OF THE COMPTROLLER, THE COMMISSIONER, WITHIN TWELVE MONTHS OF
THE EFFECTIVE DATE OF THIS SECTION, SHALL DESIGN AND  BEGIN  IMPLEMENTA-
TION  OF  A  HEALTHY  AND  GREEN PROCUREMENT TRAINING PROGRAM FOR SENIOR
MANAGERS AND STATE AGENCY 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 ONGO-
ING TRAINING.
  B. WITH THE ASSISTANCE OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
AND THE DEPARTMENT OF HEALTH, THE COMMISSIONER, WITHIN  EIGHTEEN  MONTHS
OF THE EFFECTIVE DATE OF THIS SECTION, SHALL:
  (I)  DESIGN  AND BEGIN IMPLEMENTATION OF A HEALTHY AND GREEN EDUCATION
AND OUTREACH PROGRAM FOR AGENCY PROCUREMENT STAFF, TO  ENSURE  THAT  ALL
PROCUREMENT  STAFF  ARE  AWARE OF THE STATE'S PREFERENCE FOR HEALTHY AND
GREEN COMMODITIES, SERVICES AND TECHNOLOGIES.
  (II) DESIGN AND BEGIN IMPLEMENTATION  OF  AN  EDUCATION  AND  OUTREACH
PROGRAM  FOR  CONTRACTORS  AND  VENDORS TO PROVIDE THEM WITH INFORMATION
ABOUT THE DEVELOPMENT OF HEALTHY AND  GREEN  COMMODITIES,  SERVICES  AND
TECHNOLOGIES AND IMPLEMENTATION OF THE PROVISIONS OF THIS SECTION.
  13.  ANNUAL  REPORT  TO  THE GOVERNOR AND LEGISLATURE. WITHIN EIGHTEEN
MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, AND ANNUALLY THEREAFTER IN
NOVEMBER, THE COMMISSIONER SHALL SUBMIT A WRITTEN REPORT TO  THE  GOVER-
NOR,  THE  SPEAKER  OF  THE  ASSEMBLY AND THE TEMPORARY PRESIDENT OF THE
SENATE. SUCH REPORT SHALL INCLUDE:
  A. IDENTIFICATION OF THE SPECIFIC MEASURES TAKEN  BY  STATE  AGENCIES,
AND  AN  EVALUATION  OF THE EFFECTIVENESS OF SUCH MEASURES, TO IMPLEMENT
THE HEALTHY AND GREEN PROCUREMENT POLICY, INCLUDING PROGRESS MADE TOWARD
THE ACHIEVEMENT OF ANY MILESTONES OR QUANTIFIABLE  GOALS  IDENTIFIED  BY
THE  COMMISSIONER PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION AND, TO
THE EXTENT PRACTICABLE, A QUALITATIVE ASSESSMENT OF THE HEALTH AND ENVI-
RONMENTAL BENEFITS OF THE POLICY;
  B. EVALUATION OF THE RESOURCES AVAILABLE TO IMPLEMENT SUCH POLICY, AND
WHETHER SUCH RESOURCES ARE SUFFICIENT;
  C. RECOMMENDATIONS FOR LEGISLATION OR ANY OTHER  SPECIFIC  ACTIONS  OR
CHANGES NEEDED TO EFFECTIVELY IMPLEMENT THE PROVISIONS OF THIS SECTION;
  D.  A  LIST  OF TARGET COMMODITY, SERVICE AND/OR TECHNOLOGY CATEGORIES
AND APPROVED HEALTHY AND  GREEN  SUPPLY  LISTS  IDENTIFIED  AND  CREATED
PURSUANT TO SUBDIVISIONS SEVEN AND NINE OF THIS SECTION;
  E.  A LIST OF HEALTHY AND GREEN COMMODITIES, SERVICES AND TECHNOLOGIES
AVAILABLE FOR PURCHASE THROUGH CENTRALIZED CONTRACTS;
  F. A COMPILATION OF PROCUREMENT DATA COLLECTED USING METHODS DEVELOPED
PURSUANT TO SUBDIVISION ELEVEN OF THIS SECTION;
  G. ADDITIONS TO THE LIST OF PRIORITY TOXIC SUBSTANCES OF CONCERN  MADE
BY  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION AND THE DEPARTMENT OF
HEALTH;
  H. AN ANALYSIS OF THE MEASURES TAKEN  TO  TRAIN,  EDUCATE  AND  ASSIST
STATE AGENCY STAFF, VENDORS AND CONTRACTORS; AND

S. 875--A                           9

  I.  A  PLAN  FOR  THE  NEXT  REPORTING PERIOD THAT IDENTIFIES SPECIFIC
GOALS, ACTIONS AND TIMELINES NECESSARY  TO  IMPLEMENT  THE  HEALTHY  AND
GREEN PROCUREMENT POLICY.
  S 6. Paragraphs b and h of subdivision 1 of section 261 of the econom-
ic development law, paragraph b as amended by chapter 471 of the laws of
1998,  and paragraph h as amended by section 14 of part SS of chapter 59
of the laws of 2009, are amended and a new paragraph i is added to  read
as follows:
  b. "Eligible  applicant"  or "applicant" shall mean: a small to medium
size business or nonprofit organization which  employs  less  than  five
hundred  workers  or  has  gross  annual  sales of less than ten million
dollars; OR ANY ENTITY GRANTED PREFERRED SOURCE STATUS FOR THE  PURPOSES
OF  STATE  PROCUREMENT  PURSUANT TO SECTION ONE HUNDRED SIXTY-TWO OF THE
STATE FINANCE LAW.
  h. "Eligible project" shall mean actions taken by or on behalf  of  [a
New  York  business]  AN  ELIGIBLE  APPLICANT involving the acquisition,
construction, alteration, repair or improvement of a building, fixtures,
machinery or equipment; THE REDESIGN, MODIFICATION, UPGRADE OR  REPLACE-
MENT  OF PROCESSES, PROCEDURES, WORK PRACTICES OR TECHNOLOGY; THE REFOR-
MULATION OR REDESIGN OF PRODUCTS; OR IMPROVEMENTS IN HOUSEKEEPING, MAIN-
TENANCE, TRAINING OR  INVENTORY  CONTROL,  provided  that  such  project
results in:
  (i)  source  reduction  or  material  substitution,  provided that the
substitution of one hazardous substance, product  or  nonproduct  output
for another does not result in the creation of a new risk,
  (ii) in-process recycling,
  (iii) recycling or reuse of non-hazardous solid wastes,
  (iv) increased energy efficiency,
  (v)  conservation  of  the  use  of  water  or other natural resources
improvements in process economics,
  (vi) elimination of the purchase of materials, the production of which
for the use of said firm would result in more waste or resource consump-
tion, [or]
  (vii) THE DEVELOPMENT, MANUFACTURE, PRODUCTION OR PROVISION OF HEALTHY
AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES AS  DEFINED  IN  SECTION
ONE HUNDRED SIXTY-FOUR-A OF THE STATE FINANCE LAW, OR
  (VIII)  other practices or technologies that reduce the use of hazard-
ous materials or otherwise improve air or water quality.
  The term "eligible project" shall also include actions taken by or  on
behalf  of a business to support costs of equipment, and/or the acquisi-
tion and/or rehabilitation of real property or structures located or  to
be  located in the state related to the collecting, sorting, and packag-
ing of empty beverage containers as such terms are defined in title  ten
of  article  twenty-seven  of  the environmental conservation law.  Such
actions shall be eligible for state assistance payments under the bever-
age container assistance program pursuant  to  section  27-1018  of  the
environmental conservation law.
  The  term  "eligible  project" shall not include end of pipe pollution
control technologies or practices where such controls or  practices  are
designed  primarily to achieve compliance with the environmental conser-
vation law or regulations promulgated pursuant thereto, or energy recov-
ery or incineration, or out-of-process recycling or reuse  of  hazardous
waste or hazardous substances.
  I. "HEALTHY AND GREEN COMMODITY, SERVICE OR TECHNOLOGY" SHALL MEAN ANY
COMMODITY,  SERVICE  OR TECHNOLOGY CONSISTENT WITH THE HEALTHY AND GREEN
PROCUREMENT POLICY, CRITERIA AND MINIMUM SPECIFICATIONS  ESTABLISHED  IN

S. 875--A                          10

SUBDIVISIONS  ONE, THREE AND FOUR OF SECTION ONE HUNDRED SIXTY-FOUR-A OF
THE STATE FINANCE LAW.
  S  7.  Paragraphs  c,  d,  e,  f, g, h, i, l and o of subdivision 4 of
section 261 of the economic development law, paragraphs c, d, e,  f,  g,
h, i and l as amended by chapter 471 of the laws of 1998 and paragraph o
as  amended  by  chapter 180 of the laws of 2006, are amended to read as
follows:
  c. maintain, provide and market a  compilation  of  existing  programs
providing  incentives  for  new  or  expanded business enterprises which
could be utilized by the  secondary  materials  processing  industry  OR
WHICH  MANUFACTURE,  PRODUCE  OR  PROVIDE HEALTHY AND GREEN COMMODITIES,
SERVICES OR TECHNOLOGIES;
  d. promote the utilization of such  incentives  for  new  or  expanded
business  enterprises  which  process  or utilize secondary materials OR
WHICH MANUFACTURE, PRODUCE OR PROVIDE  HEALTHY  AND  GREEN  COMMODITIES,
SERVICES OR TECHNOLOGIES to locate in New York state;
  e. promote incentives for existing businesses to expand their utiliza-
tion  of  secondary  materials [and], their adoption of waste prevention
technologies  and  practices   AND   THEIR   DEVELOPMENT,   MANUFACTURE,
PRODUCTION  AND  PROVISION OF HEALTHY AND GREEN COMMODITIES, SERVICES OR
TECHNOLOGIES;
  f. identify special needs and problems facing the secondary  materials
processing  industry  [and],  THE implementation of waste prevention AND
THE DEVELOPMENT, MANUFACTURE, PRODUCTION AND PROVISION  OF  HEALTHY  AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES within New York state;
  g. contact institutions, organizations and commercial enterprises that
are potential consumers of secondary materials and products manufactured
with  secondary  materials OR HEALTHY AND GREEN COMMODITIES, SERVICES OR
TECHNOLOGIES; urging their  expanded  consumption  of  [secondary]  SUCH
materials  [and],  products,  COMMODITIES, SERVICES AND TECHNOLOGIES and
establishing markets for such  [secondary]  materials  [and],  products,
COMMODITIES,  SERVICES  AND  TECHNOLOGIES  through the use of letters of
intent and such other techniques as the commissioner may deem  appropri-
ate;
  h.  conduct  market  surveys  of  the potential consumers of secondary
materials and products manufactured  with  secondary  materials  AND  OF
HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES;
  i.  conduct  surveys  to  determine  the potential supply of secondary
materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECHNOLOGIES in
the state;
  l. provide information  concerning  local  and  regional  markets  for
secondary materials AND HEALTHY AND GREEN COMMODITIES, SERVICES OR TECH-
NOLOGIES;
  o. provide other technical assistance to assist businesses in reducing
the amount of waste generated by their processes and productively use or
provide  for  the  productive use [of others] of wastes which are gener-
ated;
  S 8. Subdivision 5 of section 261 of the economic development law,  as
amended  by  chapter  471  of  the  laws  of 1998, is amended to read as
follows:
  5. The department shall fund feasibility studies for testing of  waste
prevention  technologies  or  practices  [or both] AND HEALTHY AND GREEN
COMMODITIES, SERVICES AND TECHNOLOGIES to reduce the amount of waste and
to promote energy and resource conservation by the adoption  OR  USE  of
such technologies [or], practices, COMMODITIES AND SERVICES by small and
medium sized firms in New York state.

S. 875--A                          11

  S 9. Subdivision 10 of section 261 of the economic development law, as
amended  by  chapter  471  of  the  laws  of 1998, is amended to read as
follows:
  10.  Technical  feasibility  study.  The  department shall require the
applicant to submit a technical feasibility study which  identifies  and
analyzes  in  detail  the  waste prevention projects which the applicant
wishes to implement. All feasibility studies must include  the  cost  of
implementation,  a  construction  schedule and, a description of how the
project will minimize, reduce or eliminate the generation of wastes, use
or reuse wastes,  increase  energy  efficiency  or  water  conservation,
INCREASE  THE  MANUFACTURE,  PRODUCTION, PROVISION OR USE OF HEALTHY AND
GREEN COMMODITIES, SERVICES OR TECHNOLOGIES, improve air or water quali-
ty and/or improve process economics.
  S 10. Subdivision 14 of section 261 of the economic  development  law,
as  amended  by  chapter  524 of the laws of 2005, is amended to read as
follows:
  14. Reports. Beginning on January first, nineteen hundred eighty-nine,
the commissioner shall make an annual report to  the  governor  and  the
legislature  which shall include, at a minimum, the status of the activ-
ities undertaken pursuant to paragraphs a, c, d, e, f, i,  j  and  k  of
subdivision  four  of  this  section, the status of any other activities
undertaken pursuant to this article, and recommendations for programs or
policies that will further the objectives of expanding  the  utilization
of  secondary materials recovered for reuse, INCREASING WASTE PREVENTION
AND  SOURCE  REDUCTION,  AND  INCREASING  THE  MANUFACTURE,  PRODUCTION,
PROVISION  AND  USE OF HEALTHY AND GREEN COMMODITIES, SERVICES AND TECH-
NOLOGIES within the state. The provisions of this subdivision shall  not
be  deemed to require or authorize the disclosure of confidential infor-
mation or trade secrets.   This report  may  be  consolidated  with  the
report  required  by subdivision four of section two hundred sixty-three
of this article.
  S 11. The opening paragraph of subdivision 1 of section 3-0311 of  the
environmental conservation law, as amended by chapter 741 of the laws of
1991, is amended to read as follows:
  Each state agency as defined in subdivision five of this section shall
annually  audit  the environmental problems created by its operations or
the operations of contractors it has hired and over whom  it  has  exer-
cised or is required to exercise direct oversight, acting in fulfillment
of  their contracts. Such audit shall identify the extent to which these
operations are in violation of  this  chapter,  or  regulations  adopted
thereunder.    SUCH AUDIT ALSO SHALL EVALUATE THE ENVIRONMENTAL PROBLEMS
CREATED BY THE AGENCY'S PROCUREMENT  OF  COMMODITIES,  ITS  ENERGY  USE,
WASTE  PRODUCTION, WATER AND PAPER USE, AND THE USE OF ANY TOXIC MATERI-
ALS OF PRODUCTS REASONABLY ANTICIPATED  TO  BE  CARCINOGENS.  Each  such
state  agency shall submit a report to the department on or before April
first of each year. The report shall:
  S 12. This act shall take effect on  the  one  hundred  eightieth  day
after  it shall have become a law and shall apply only to state procure-
ment 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 effec-
tive  date  are  authorized  and directed to be made and completed on or
before such effective date.