S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    87
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. KAMINSKY, BROOKS -- read twice and ordered printed,
   and when printed to be committed to  the  Committee  on  Environmental
   Conservation
 
 AN  ACT to amend the environmental conservation law, the general munici-
   pal law, the state finance law and the infrastructure investment  act,
   in  relation  to  construction  and  demolition diversion practices of
   state contractors
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The environmental conservation law is amended by adding a
 new section 27-0111 to read as follows:
 § 27-0111. CONSTRUCTION AND DEMOLITION WASTE DIVERSION POLICY.
   1. DEFINITIONS. AS USED IN THIS SECTION:
   (A) "CONTRACTOR" MEANS A GENERAL CONTRACTOR AND SHALL ALSO INCLUDE ANY
 SUBCONTRACTOR ENGAGED IN THE  BUILDING,  DEMOLITION  OR  WRECKING  OF  A
 STRUCTURE FOR WHICH A PERMIT IS REQUIRED.
   (B)  "CONSTRUCTION  AND  DEMOLITION  DEBRIS" SHALL INCLUDE, BUT NOT BE
 LIMITED TO, METALS, CARDBOARD, DRYWALL, GLASS, WOOD, CONCRETE, BRICK AND
 ASPHALT, BUT SHALL NOT INCLUDE ANY  MATERIAL  THAT  IS  CONTAMINATED  BY
 LEAD,  ASBESTOS  OR OTHER HAZARDOUS MATERIAL SUCH THAT RECYCLING THEREOF
 WOULD BE ILLEGAL OR UNFEASIBLE.
   (C) "DIVERTED" MEANS THE RECYCLE OR REUSE OF CONSTRUCTION AND  DEMOLI-
 TION  DEBRIS  THAT  WOULD  OTHERWISE  BE  DISPOSED  OF  AT A LANDFILL OR
 DISPOSAL FACILITY.
   (D) "RECYCLE" MEANS THE PROCESS OF SENDING CONSTRUCTION AND DEMOLITION
 DEBRIS TO A RECYCLING FACILITY, TRANSFER STATION OR OTHER WASTE HANDLING
 FACILITY PERMITTED PURSUANT TO THIS ARTICLE, WHICH ACCEPTS  CONSTRUCTION
 AND DEMOLITION DEBRIS FOR RECYCLING OR FOR FURTHER TRANSFER TO A RECYCL-
 ING FACILITY.

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

                                                            LBD03459-01-9

 S. 87                               2
 
   (E) "REUSE" MEANS: (I) THE ON-SITE USE OF REPROCESSED CONSTRUCTION AND
 DEMOLITION DEBRIS IF THE USE OF SUCH DEBRIS IS AUTHORIZED BY THE COMMIS-
 SIONER;  AND  (II) THE OFF-SITE REDISTRIBUTION OF A MATERIAL WHICH WOULD
 OTHERWISE BE DISPOSED OF, FOR USE IN THE SAME OR SIMILAR FORM AS IT  WAS
 PRODUCED.
   2. THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS, IN CONSUL-
 TATION  WITH  THE  STATE  PROCUREMENT COUNCIL ESTABLISHED BY SECTION ONE
 HUNDRED SIXTY-ONE OF THE STATE FINANCE LAW, SETTING FORTH A GOAL FOR THE
 PERCENT OF CONSTRUCTION AND DEMOLITION DEBRIS  DIVERTED  BY  CONTRACTORS
 SUBMITTING  BIDS  OR  PROPOSALS  IN CONNECTION WITH THE AWARD OF A STATE
 CONTRACT. SUCH RULES  AND  REGULATION  SHALL  AT  A  MINIMUM  TAKE  INTO
 ACCOUNT:  THE  COST,  FEASIBILITY,  AND  HUMAN  AND ENVIRONMENTAL HEALTH
 IMPACTS OF RECYCLING PARTICULAR TYPES OF  DEBRIS;  THE  AVAILABILITY  OF
 SECONDARY  MARKETS  AND PROXIMITY OF PROCESSING FACILITIES; THE TOXICITY
 OF DIFFERENT TYPES OF DEBRIS AND ABILITY TO REMEDIATE  OR  SEPARATE  ANY
 TOXIC  DEBRIS FROM NON-TOXIC DEBRIS; THE ENVIRONMENTAL IMPACT OF DISPOS-
 ING DEBRIS WITHOUT RECYCLING; THE EXISTENCE  OF  LOCAL  LAWS  AND  REGU-
 LATIONS AND POLICIES GOVERNING DEBRIS DIVERSION.
   3.  EACH BID OR PROPOSAL SHALL BE ANALYZED ON AN INDIVIDUAL PER BID OR
 PER PROPOSAL BASIS WITH THE  CONTRACTOR'S  CONSTRUCTION  AND  DEMOLITION
 WASTE DIVERSION PRACTICES CONSIDERED AS ONLY A PART OF A WIDER CONSIDER-
 ATION  OF  SEVERAL  FACTORS WHEN DECIDING TO AWARD OR DECLINE TO AWARD A
 BID OR PROPOSAL. SUCH ASSESSMENT SHALL NOT IN ANY WAY PERMIT  THE  AUTO-
 MATIC  REJECTION OF A BID OR PROCUREMENT CONTRACT PROPOSAL BASED ON LACK
 OF ADHERENCE TO CONSTRUCTION AND DEMOLITION WASTE DIVERSION PRACTICES.
   § 2. Section 103 of the general municipal law is amended by  adding  a
 new subdivision 17 to read as follows:
   17.  NOTWITHSTANDING  THE  FOREGOING  PROVISIONS  OF THIS SECTION, THE
 COMMISSIONER OF THE OFFICE OF GENERAL SERVICES MAY AUTHORIZE  ANY  OFFI-
 CER, BOARD OR AGENCY OF A POLITICAL SUBDIVISION TO CONSIDER WHETHER SUCH
 CONTRACTS  CAN REASONABLY BE EXPECTED TO MEET OR FURTHER THE GOAL ESTAB-
 LISHED PURSUANT TO SECTION 27-0111 OF THE ENVIRONMENTAL CONSERVATION LAW
 OR COMPARABLE LOCAL LAW  OR  REGULATION,  AND  CONTRACTOR'S  HISTORY  OF
 ACHIEVING  SUCH  PARTICIPATION  GOALS  ON  PREVIOUS CONTRACTS; PROVIDED,
 HOWEVER, THAT SUCH CONSIDERATION SHALL NOT AFFECT  THE  RESPONSIBILITIES
 OF  AN  OFFICER, BOARD, OR AGENCY OF A POLITICAL SUBDIVISION IN RELATION
 TO SUBDIVISION ONE OF THIS SECTION.
   § 3. Subdivision 10 of section 163 of the state finance law is amended
 by adding a new paragraph g to read as follows:
   G. THE COMMISSIONER MAY AUTHORIZE STATE AGENCIES OR  OTHER  AUTHORIZED
 PURCHASERS TO CONSIDER WHETHER SUCH CONTRACTS CAN REASONABLY BE EXPECTED
 TO  MEET  OR FURTHER THE GOAL ESTABLISHED PURSUANT TO SECTION 27-0111 OF
 THE ENVIRONMENTAL CONSERVATION LAW OR  COMPARABLE  LOCAL  LAW  OR  REGU-
 LATION,  AND  CONTRACTOR'S HISTORY OF ACHIEVING SUCH PARTICIPATION GOALS
 ON PREVIOUS CONTRACTS.
   § 4. Subdivision (a) of section 4 of part F of chapter 60 of the  laws
 of  2015  constituting  the infrastructure investment act, as amended by
 section 4 of part RRR of chapter 59 of the laws of 2017, is  amended  to
 read as follows:
   (a)  Step one. Generation of a list of entities that have demonstrated
 the general capability to perform the design-build contract.  Such  list
 shall  consist  of  a  specified number of entities, as determined by an
 authorized state entity, and shall be generated based upon  the  author-
 ized state entity's review of responses to a publicly advertised request
 for qualifications. The authorized state entity's request for qualifica-
 tions  shall  include  a general description of the project, the maximum

 S. 87                               3
 
 number of entities to be included on the list, the selection criteria to
 be used and the relative weight of each criteria in generating the list.
 Such selection criteria shall include the qualifications and  experience
 of  the design and construction team, organization, demonstrated respon-
 sibility, ability of the team or of a member or members of the  team  to
 comply  with  applicable requirements, including the provisions of arti-
 cles 145, 147 and 148 of the education law, PAST  RECORD  OF  COMPLIANCE
 WITH  GOALS ESTABLISHED PURSUANT TO SECTION 27-0111 OF THE ENVIRONMENTAL
 CONSERVATION LAW OR COMPARABLE LOCAL LAW OR REGULATION, past  record  of
 compliance with the labor law, and such other qualifications the author-
 ized state entity deems appropriate which may include but are not limit-
 ed  to  project  understanding,  financial capability and record of past
 performance. The authorized state entity shall  evaluate  and  rate  all
 entities  responding to the request for qualifications.  Based upon such
 ratings, the authorized state entity shall list the entities that  shall
 receive  a  request  for proposals in accordance with subdivision (b) of
 this section.  To the extent consistent with applicable federal law, the
 authorized state entity  shall  consider,  when  awarding  any  contract
 pursuant  to  this  section,  the  participation of: (i) firms certified
 pursuant to article 15-A of the executive law as minority or women-owned
 businesses and the ability of other businesses  under  consideration  to
 work  with  minority  and  women-owned  businesses  so as to promote and
 assist  participation  by  such  businesses;  and  (ii)  small  business
 concerns  identified pursuant to subdivision (b) of section 139-g of the
 state finance law.
   § 5. This act shall take effect immediately; provided,  however,  that
 that  amendments  to  subdivision 10 of section 163 of the state finance
 law made by section three of this act shall not  affect  the  repeal  of
 such  section  as provided in subdivision 5 of section 362 of chapter 83
 of the laws of 1995, as amended, and shall be deemed repealed therewith;
 provided further, that the amendments to part F of  chapter  60  of  the
 laws  of  2015  constituting  the infrastructure investment act, made by
 section four of this act shall not affect the repeal of  such  part  and
 shall be deemed repealed therewith.