S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4562
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of  A. ENGLEBRIGHT -- Multi-Sponsored by -- M. of A.
   COOK, DINOWITZ, ORTIZ, PERRY -- read once and referred to the  Commit-
   tee 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-z to read as follows:
   § 2805-Z. PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE COMMODITIES
 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
 FOR  USE  IN  HOSPITALS;  AND FOR USE IN THE CONSTRUCTION, RENOVATION OR
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09059-01-9

 A. 4562                             2
 
 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  TWENTY-ONE,  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.
   § 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-Z OF THE PUBLIC HEALTH LAW.
   § 3. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided 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.  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 to be
 made and completed on or before such date.