Bill Text: NY A01582 | 2009-2010 | General Assembly | Amended
Bill Title: Requires the commissioners of health and general services to promulgate standards for the procurement and use of environmentally sensitive commodities and services for hospitals; provides that these provisions shall be applicable to all hospitals.
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2010-07-01 - held for consideration in ways and means [A01582 Detail]
Download: New_York-2009-A01582-Amended.html
S T A T E O F N E W Y O R K
________________________________________________________________________
1582--A
2009-2010 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 7, 2009
___________
Introduced by M. of A. ENGLEBRIGHT, ESPAILLAT -- Multi-Sponsored by --
M. of A. BRENNAN, CLARK, COOK, DINOWITZ, JACOBS, ORTIZ, PERRY,
J. RIVERA, WEISENBERG -- read once and referred to the Committee on
Health -- recommitted to the Committee on Health in accordance with
Assembly Rule 3, sec. 2 -- reported and referred to the Committee on
Ways and Means -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
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:
1 Section 1. The public health law is amended by adding a new section
2 2805-u to read as follows:
3 S 2805-U. PROCUREMENT AND USE OF ENVIRONMENTALLY SENSITIVE COMMOD-
4 ITIES AND SERVICES. 1. FOR THE PURPOSES OF THIS SECTION THE FOLLOWING
5 TERMS SHALL MEAN:
6 (A) "ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES" MEANS THOSE
7 COMMODITIES AND SERVICES THAT MINIMIZE ADVERSE IMPACTS ON THE PUBLIC
8 HEALTH AND THE ENVIRONMENT AS DETERMINED BY THE COMMISSIONER OF GENERAL
9 SERVICES.
10 (B) "COMMODITY" OR "COMMODITIES" MEANS MATERIAL, GOODS, SUPPLIES,
11 PRODUCTS, CONSTRUCTION ITEMS AND OTHER STANDARD ARTICLES OF COMMERCE
12 OTHER THAN TECHNOLOGY.
13 (C) "CONSTRUCTION ITEM" MEANS ANY ITEM OR MATERIAL USED IN
14 CONSTRUCTION AND WHICH IS PROCURED DIRECTLY BY A HOSPITAL OR BY A PERSON
15 UNDER CONTRACT BY A HOSPITAL.
16 (D) "SERVICE" OR "SERVICES" MEANS THE PERFORMANCE OF A TASK OR TASKS
17 AND MAY INCLUDE A MATERIAL GOOD OR A QUANTITY OF MATERIAL GOODS, AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04832-02-0
A. 1582--A 2
1 WHICH IS SUBJECT OF ANY PURCHASE OR OTHER EXCHANGE. FOR THE PURPOSES OF
2 THIS SECTION, TECHNOLOGY SHALL BE DEEMED A SERVICE.
3 2. THE COMMISSIONER OF GENERAL SERVICES, IN CONSULTATION WITH THE
4 COMMISSIONER, SHALL ESTABLISH AND FROM TIME TO TIME AMEND GUIDELINES AND
5 SPECIFICATIONS FOR ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES
6 FOR USE IN HOSPITALS; AND FOR USE IN THE CONSTRUCTION, RENOVATION OR
7 REPAIR OF HOSPITAL BUILDINGS AND RELATED FACILITIES. SUCH GUIDELINES
8 SHALL BE USED TO IDENTIFY ENVIRONMENTALLY SENSITIVE COMMODITIES AND
9 SERVICES WHICH ARE AVAILABLE IN THE FORM, FUNCTION AND UTILITY GENERALLY
10 USED BY SUCH FACILITIES. SUCH COMMISSIONERS SHALL REVIEW AND EVALUATE
11 EXISTING RESEARCH REGARDING ENVIRONMENTALLY SENSITIVE COMMODITIES AND
12 SERVICES, INCLUDING BUT NOT LIMITED TO, THE UNITED STATES ENVIRONMENTAL
13 PROTECTION AGENCY'S GUIDELINES FOR ENVIRONMENTALLY SENSITIVE COMMODITIES
14 AND SERVICES, FOR THE PURPOSE OF DEVELOPING APPROPRIATE CRITERIA FOR
15 SUCH GUIDELINES AND SPECIFICATIONS.
16 3. THE COMMISSIONER OF GENERAL SERVICES SHALL DISSEMINATE TO ALL
17 HOSPITALS GUIDELINES AND SPECIFICATIONS FOR THE PURCHASE OR USE OF ENVI-
18 RONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN HOSPITALS; AND FOR USE
19 IN THE CONSTRUCTION, RENOVATION OR REPAIR OF HOSPITAL BUILDINGS AND
20 RELATED FACILITIES. THE COMMISSIONER OF GENERAL SERVICES SHALL ALSO
21 PREPARE AND DISSEMINATE TO ALL HOSPITALS A SAMPLE LIST OF SUCH ENVIRON-
22 MENTALLY SENSITIVE COMMODITIES AND SERVICES THAT MEET THESE GUIDELINES
23 OR SPECIFICATIONS AND THEIR ENVIRONMENTAL AND HEALTH BENEFITS. EVERY
24 HOSPITAL SHALL CONSIDER SUCH GUIDELINES, SPECIFICATIONS AND SAMPLE LIST
25 WHEN MAKING DETERMINATIONS AS TO THE PURCHASE OF COMMODITIES,
26 CONSTRUCTION ITEMS OR SERVICES FOR USE IN THE HOSPITAL, OR FOR USE IN
27 THE CONSTRUCTION, RENOVATION, OR REPAIR OF HOSPITAL BUILDINGS.
28 4. ON OR BEFORE JUNE FIRST, TWO THOUSAND TWELVE, THE OFFICE OF GENERAL
29 SERVICES AND THE DEPARTMENT SHALL JOINTLY ISSUE A REPORT PROVIDING AN
30 ANALYSIS OF THE IMPACT OF SUCH GUIDELINES AND SPECIFICATIONS ON THE
31 PURCHASING AND PROCUREMENT PRACTICES OF HOSPITALS.
32 S 2. Paragraph b of subdivision 3 of section 163 of the state finance
33 law is amended by adding a new subparagraph (xii) to read as follows:
34 (XII) MAINTAIN A LIST OF FIRMS WHICH PRODUCE OR MANUFACTURE OR OFFER
35 FOR SALE ENVIRONMENTALLY SENSITIVE COMMODITIES AND SERVICES IN THE FORM,
36 FUNCTION, AND UTILITY GENERALLY USED BY HOSPITALS IN ACCORDANCE WITH
37 SPECIFICATIONS OR GUIDELINES PROMULGATED PURSUANT TO SECTION
38 TWENTY-EIGHT HUNDRED FIVE-U OF THE PUBLIC HEALTH LAW.
39 S 3. This act shall take effect on the one hundred eightieth day after
40 it shall have become a law; provided that the commissioners of health
41 and general services are authorized to promulgate any and all rules and
42 regulations and take any other measures necessary to implement the
43 provisions of this act on its effective date on or before such date; and
44 provided, further, that the amendment to paragraph b of subdivision 3 of
45 section 163 of the state finance law, made by section two of this act,
46 shall not affect the repeal of such section and shall be deemed repealed
47 therewith.
