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

                                   470

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 7, 2015
                               ___________

Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
  BRENNAN, CLARK, COOK, DINOWITZ, ORTIZ, PERRY, RIVERA -- read once  and
  referred to the Committee on Health

AN  ACT  to  amend  the  public health law and the state finance law, in
  relation to the  procurement  and  use  of  environmentally  sensitive
  commodities and services by hospitals

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

  Section 1. The public health law is amended by adding  a  new  section
2805-x to read as follows:
  S  2805-X.    PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE COMMOD-
ITIES AND SERVICES. 1. FOR THE PURPOSES OF THIS  SECTION  THE  FOLLOWING
TERMS SHALL MEAN:
  (A)  "ENVIRONMENTALLY  SENSITIVE COMMODITIES AND SERVICES" MEANS THOSE
COMMODITIES AND SERVICES THAT MINIMIZE ADVERSE  IMPACTS  ON  THE  PUBLIC
HEALTH  AND THE ENVIRONMENT AS DETERMINED BY THE COMMISSIONER OF GENERAL
SERVICES.
  (B) "COMMODITY" OR "COMMODITIES"  MEANS  MATERIALS,  GOODS,  SUPPLIES,
PRODUCTS,  CONSTRUCTION  ITEMS  AND  OTHER STANDARD ARTICLES OF COMMERCE
OTHER THAN TECHNOLOGY.
  (C)  "CONSTRUCTION  ITEM"  MEANS  ANY  ITEM  OR   MATERIAL   USED   IN
CONSTRUCTION AND WHICH IS PROCURED DIRECTLY BY A HOSPITAL OR BY A PERSON
UNDER CONTRACT BY A HOSPITAL.
  (D)  "SERVICE"  OR "SERVICES" MEANS THE PERFORMANCE OF A TASK OR TASKS
AND MAY INCLUDE A MATERIAL GOOD OR A QUANTITY  OF  MATERIAL  GOODS,  AND
WHICH  IS SUBJECT OF ANY PURCHASE OR OTHER EXCHANGE. FOR THE PURPOSES OF
THIS SECTION, TECHNOLOGY SHALL BE DEEMED A SERVICE.
  2. THE COMMISSIONER OF GENERAL  SERVICES,  IN  CONSULTATION  WITH  THE
COMMISSIONER, SHALL ESTABLISH AND FROM TIME TO TIME AMEND GUIDELINES AND
SPECIFICATIONS  FOR  ENVIRONMENTALLY  SENSITIVE COMMODITIES AND SERVICES

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

                                                           LBD06090-01-5

A. 470                              2

FOR USE IN HOSPITALS; AND FOR USE IN  THE  CONSTRUCTION,  RENOVATION  OR
REPAIR  OF  HOSPITAL  BUILDINGS  AND RELATED FACILITIES. SUCH GUIDELINES
SHALL BE USED TO  IDENTIFY  ENVIRONMENTALLY  SENSITIVE  COMMODITIES  AND
SERVICES WHICH ARE AVAILABLE IN THE FORM, FUNCTION AND UTILITY GENERALLY
USED  BY  SUCH FACILITIES.  SUCH COMMISSIONERS SHALL REVIEW AND EVALUATE
EXISTING RESEARCH REGARDING ENVIRONMENTALLY  SENSITIVE  COMMODITIES  AND
SERVICES,  INCLUDING BUT NOT LIMITED TO, THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSITIVE COMMODITIES
AND SERVICES, FOR THE PURPOSE OF  DEVELOPING  APPROPRIATE  CRITERIA  FOR
SUCH GUIDELINES AND SPECIFICATIONS.
  3.  THE  COMMISSIONER  OF  GENERAL  SERVICES  SHALL DISSEMINATE TO ALL
HOSPITALS GUIDELINES AND SPECIFICATIONS FOR THE PURCHASE OR USE OF ENVI-
RONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN HOSPITALS; AND FOR USE
IN THE CONSTRUCTION, RENOVATION OR  REPAIR  OF  HOSPITAL  BUILDINGS  AND
RELATED  FACILITIES.  THE  COMMISSIONER  OF  GENERAL SERVICES SHALL ALSO
PREPARE AND DISSEMINATE TO ALL HOSPITALS A SAMPLE LIST OF SUCH  ENVIRON-
MENTALLY  SENSITIVE  COMMODITIES AND SERVICES THAT MEET THESE GUIDELINES
OR SPECIFICATIONS AND THEIR ENVIRONMENTAL AND HEALTH  BENEFITS.    EVERY
HOSPITAL  SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST
WHEN  MAKING  DETERMINATIONS  AS  TO  THE   PURCHASE   OF   COMMODITIES,
CONSTRUCTION  ITEMS  OR  SERVICES FOR USE IN THE HOSPITAL, OR FOR USE IN
THE CONSTRUCTION, RENOVATION, OR REPAIR OF HOSPITAL BUILDINGS.
  4. ON OR BEFORE JUNE FIRST, TWO  THOUSAND  SEVENTEEN,  THE  OFFICE  OF
GENERAL SERVICES AND THE DEPARTMENT SHALL JOINTLY ISSUE A REPORT PROVID-
ING  AN  ANALYSIS OF THE IMPACT OF SUCH GUIDELINES AND SPECIFICATIONS ON
THE PURCHASING AND PROCUREMENT PRACTICES OF HOSPITALS.
  S 2. Paragraph b of subdivision 3 of section 163 of the state  finance
law is amended by adding a new subparagraph (xiii) to read as follows:
  (XIII)  MAINTAIN A LIST OF FIRMS WHICH PRODUCE OR MANUFACTURE OR OFFER
FOR SALE ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN THE FORM,
FUNCTION, AND UTILITY GENERALLY USED BY  HOSPITALS  IN  ACCORDANCE  WITH
SPECIFICATIONS   OR   GUIDELINES   PROMULGATED   PURSUANT   TO   SECTION
TWENTY-EIGHT HUNDRED FIVE-X OF THE PUBLIC HEALTH LAW.
  S 3. This act shall take effect on the one hundred eightieth day after
it shall have become a law; provided that the  commissioners  of  health
and  general services are authorized to promulgate any and all rules and
regulations and take any  other  measures  necessary  to  implement  the
provisions of this act on its effective date on or before such date; and
provided, further, that the amendment to paragraph b of subdivision 3 of
section  163  of the state finance law, made by section two of this act,
shall not affect the repeal of such section and shall be deemed repealed
therewith.