S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10422
 
                           I N  A S S E M B L Y
 
                               May 24, 2024
                                ___________
 
 Introduced by COMMITTEE ON RULES -- (at request of M. of A. Gonzalez-Ro-
   jas)  -- read once and referred to the Committee on Governmental Oper-
   ations
 
 AN ACT to amend the state finance law,  in  relation  to  requiring  all
   state  agencies  and  offices  to  cease purchasing single-use plastic
   water bottles and provides for the installation of water bottle  fill-
   ing stations

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Legislative intent. 1. The legislature finds  and  declares
 that:
   (a)  climate  change is adversely affecting the people of New York and
 poses a threat to public health, the well-being of our  communities  and
 families, and our state's economy and infrastructure;
   (b)  the  combustion  of fossil fuels is a primary cause of greenhouse
 gas emissions that cause climate change;
   (c) the production of plastic bottles relies on fossil fuels, and most
 plastic bottles are made from petroleum-based polyethylene terephthalate
 in refineries that run on fossil fuels;
   (d) plastic pollution has resulted in harm to communities in New York;
   (e) by some estimates Americans throw away about 2.5  million  plastic
 bottles every hour;
   (f) plastic pollution harms wildlife across New York, including in our
 ocean ecosystems; and
   (g)  purchasing  single-use plastic water bottles instead of utilizing
 less harmful alternatives is inconsistent with the best interests of the
 people of the state.
   2. Therefore, the legislature determines it to be in the best interest
 of the state to require all state departments, agencies and  offices  to
 cease  purchasing  single-use  plastic water bottles and to require that
 installation of water bottle filling stations on  premises  occupied  by
 the department, agency or office.
   § 2. The state finance law is amended by adding a new section 163-e to
 read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13489-06-4
 A. 10422                            2
 
   §  163-E.  PROHIBITION  ON  THE  PURCHASE  OF SINGLE-USE PLASTIC WATER
 BOTTLES. 1. (A) ALL STATE AGENCIES AND OFFICES  SHALL  CEASE  OR  REDUCE
 THEIR  PURCHASE  OF  SINGLE-USE PLASTIC WATER BOTTLES IN ACCORDANCE WITH
 THE PROVISIONS OF THIS SECTION.
   (B) NOTHING IN THIS SECTION SHALL BE CONSTRUED TO PREVENT THE PURCHASE
 OF  SINGLE-USE  PLASTIC  WATER BOTTLES BY A STATE AGENCY OR OFFICE UNDER
 THE  FOLLOWING CIRCUMSTANCES:
   (I) WHEN NO ALTERNATIVE IS AVAILABLE OR PRACTICABLE;
   (II) WHEN NECESSARY TO PROTECT THE  HEALTH,  SAFETY,  AND  WELFARE  OF
 RESIDENTS OF THE STATE;
   (III)  WHEN  COMPLIANCE WITH THIS SECTION WOULD CONFLICT WITH CONTRACT
 REQUIREMENTS OR LABOR AGREEMENTS IN EXISTENCE AS OF THE  EFFECTIVE  DATE
 OF  THIS  SECTION  OR  AGREEMENTS SOLICITED BEFORE THE EFFECTIVE DATE OF
 THIS SECTION; OR
   (IV) TO PREPARE FOR OR RESPOND TO AN EMERGENCY.
   (C) IN ADDITION, EACH STATE AGENCY AND OFFICE SHALL PROVIDE FOR  DISA-
 BILITY OR ACCESSIBILITY RELATED ACCOMMODATIONS IN ITS PLANNING EFFORTS.
   2.  (A) THE   COMMISSIONER OF GENERAL SERVICES IS HEREBY AUTHORIZED TO
 ENTER INTO ONE OR MORE CONTRACTS FOR THE INSTALLATION  OF  WATER  BOTTLE
 FILLING STATIONS ON PREMISES OCCUPIED BY ALL STATE AGENCIES AND OFFICES,
 INCLUDING  THE CAPITOL BUILDING AND BUILDINGS OF THE EMPIRE STATE PLAZA.
 SUCH FILLING STATIONS MAY BE INSTALLED AT EXISTING  WATER  FOUNTAINS  OR
 MAY BE INSTALLED SEPARATELY IF NO WATER FOUNTAIN IS AVAILABLE.
   (B)  (I)  THE  OFFICE  OF  GENERAL SERVICES SHALL ESTABLISH GUIDELINES
 CONCERNING THE INSTALLATION OF WATER BOTTLE FILLING STATIONS AS WELL  AS
 THE QUALIFICATIONS REQUIRED FOR THE INSTALLATION OF WATER BOTTLE FILLING
 STATIONS  BY  CONTRACTORS  AND  SUBCONTRACTORS  PURSUANT  TO SECTION ONE
 HUNDRED SIXTY-THREE OF THIS ARTICLE. SUCH GUIDELINES SHALL  IMPLEMENT  A
 CERTIFICATION PROCESS WITH MINIMUM STANDARDS FOR CONTRACTORS AND SUBCON-
 TRACTORS  TO  FILE  WITH  THE  CONTRACTING  STATE  AGENCY OR OFFICE UPON
 COMPLETION OF A PROJECT.
   (II) ANY STATE AGENCY OR OFFICE CONTRACT FOR THE INSTALLATION OF WATER
 BOTTLE FILLING STATIONS SHALL INCLUDE PROVISIONS  REQUIRING  CONTRACTORS
 AND SUBCONTRACTORS DOING WORK INVOLVING THE INSTALLATION OF WATER BOTTLE
 FILLING  STATIONS  TO  CERTIFY THAT ALL WORK COMPLETED MEETS THE MINIMUM
 STANDARDS ESTABLISHED UNDER  THIS  SECTION  BY  THE  OFFICE  OF  GENERAL
 SERVICES REGARDING SUCH INSTALLATIONS.
   (III)  ANY  CERTIFICATIONS  REQUIRED  BY  THIS  SECTION  SHALL BE KEPT
 CURRENT FOR THE DURATION OF THE CONTRACT.
   3. NO LATER THAN ONE YEAR AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,
 ALL  STATE  AGENCIES  AND  OFFICES SHALL SUBMIT TO THE STATE PROCUREMENT
 COUNCIL AND TO THE NEW YORK STATE  CLIMATE  ACTION  COUNCIL  ESTABLISHED
 PURSUANT  TO  SECTION  75-0103  OF THE ENVIRONMENTAL CONSERVATION LAW, A
 SUMMARY OF:
   (A) THE STEPS THEY HAVE TAKEN TO:
   (I) HALT THE EXPENDITURES OF STATE FUNDS FOR THE PURCHASE  OF  SINGLE-
 USE PLASTIC WATER BOTTLES;
   (II) REDUCE THE SALE OR RE-SALE OF SINGLE-USE PLASTIC WATER BOTTLES ON
 STATE-OWNED PROPERTY; AND
   (B) THE NUMBER OF WATER BOTTLE FILLING STATIONS INSTALLED ON THE PREM-
 ISES OF THE STATE AGENCY OR OFFICE.
   4.  ALL NEW YORK QUASI-PUBLIC AUTHORITIES AND BOARDS ARE ENCOURAGED TO
 ADOPT THEIR OWN PLANS TO ELIMINATE THEIR PURCHASING AND SALE OF  SINGLE-
 USE PLASTIC WATER BOTTLES.
   5. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOW-
 ING MEANINGS:
 A. 10422                            3

   (A)  "SINGLE-USE  PLASTIC  WATER  BOTTLE" MEANS A BEVERAGE IN A SEALED
 RIGID PLASTIC BOTTLE HAVING A CAPACITY OF  TWENTY-ONE  FLUID  OUNCES  OR
 LESS.
   (B)  "STATE AGENCIES AND OFFICES" MEANS ALL STATE DEPARTMENTS, BOARDS,
 COMMISSIONS, OFFICES OR INSTITUTIONS UNDER  THE  EXECUTIVE,  LEGISLATIVE
 AND JUDICIAL BRANCHES OF THE STATE. FOR THE PURPOSES OF THIS SECTION THE
 TERM  "STATE AGENCIES AND OFFICES" SHALL EXCLUDE THE STATE UNIVERSITY OF
 NEW YORK; THE CITY UNIVERSITY OF NEW  YORK;  AND  ANY  RESIDENTIAL  CARE
 CENTER  FOR  ADULTS  OR  RESIDENTIAL TREATMENT FACILITY FOR CHILDREN AND
 YOUTH, AS SUCH TERMS ARE DEFINED BY SECTION 1.03 OF THE  MENTAL  HYGIENE
 LAW, OR ANY OTHER PROGRAM OR FACILITY CERTIFIED BY THE OFFICE FOR PEOPLE
 WITH DEVELOPMENTAL DISABILITIES.
   §  3. This act shall take effect one year after it shall have become a
 law and shall apply to the purchase of single-use plastic water  bottles
 on and after such effective date.