Bill Text: NY A02591 | 2021-2022 | General Assembly | Amended
Bill Title: Relates to provisions in state procurement contracts involving the use of low embodied carbon concrete.
Spectrum: Partisan Bill (Democrat 37-0)
Status: (Passed) 2021-12-22 - signed chap.724 [A02591 Detail]
Download: New_York-2021-A02591-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 2591--A 2021-2022 Regular Sessions IN ASSEMBLY January 19, 2021 ___________ Introduced by M. of A. CARROLL, DICKENS, RODRIGUEZ, GOTTFRIED, ABINANTI, STIRPE, FAHY, BARRON, DAVILA, NIOU, L. ROSENTHAL, EPSTEIN, ANDERSON, PAULIN, DINOWITZ, REYES, COLTON, DE LA ROSA, GALEF, OTIS, JACKSON, STECK, GALLAGHER, PERRY, THIELE, GONZALEZ-ROJAS -- Multi-Sponsored by -- M. of A. COOK, CYMBROWITZ, ENGLEBRIGHT, SIMON -- read once and referred to the Committee on Governmental Operations -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to provisions in state procurement contracts involving the use of low embodied carbon concrete The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The state finance law is amended by adding a new section 2 136-d to read as follows: 3 § 136-d. Contracts involving low embodied carbon concrete. 1. Any 4 state agency contract for low embodied carbon concrete shall include 5 provisions regarding contractor, subcontractor and worker product 6 certification as follows: 7 (a) Contractors and subcontractors doing work involving low embodied 8 carbon concrete shall certify that all work completed meets the minimum 9 standards established under this section by the office of general 10 services. 11 (b) Contractors and subcontractors doing work involving low embodied 12 concrete shall certify that all procured low embodied carbon concrete 13 utilized on projects meets the minimum standards established under this 14 section by the office of general services. 15 2. Any certifications required by this section shall be kept current 16 for the duration of all contracts. 17 3. (a) The office of general services shall establish guidelines 18 requiring the procurement of low embodied carbon concrete on projects EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01244-18-1A. 2591--A 2 1 deemed appropriate by such office. Such guidelines shall implement a 2 process with minimum standards for contractors and subcontractors to 3 file with the contracting agency upon completion of a project. When 4 establishing guidelines related to low embodied carbon concrete, the 5 office of general services shall consider industry standards and shall 6 consult with a stakeholder advisory group selected by the commissioner 7 of general services consisting of: 8 (i) two licensed professional engineers; 9 (ii) two licensed registered architects; 10 (iii) two representatives of the construction industry; 11 (iv) two representatives of the concrete testing and validation indus- 12 try; 13 (v) two representatives of an accredited school of civil engineering; 14 (vi) one representative from the New York State Energy Research and 15 Development Authority; and 16 (vii) one representative each from the department of transportation, 17 the department of state, and the department of environmental conserva- 18 tion. 19 (b) The office of general services shall consult with any relevant 20 associations that set industry standards for the procurement of low 21 embodied carbon concrete and shall consult with affected contractors 22 and subcontractors to consider environmental impact as well as the 23 impact on public health and safety. 24 4. The office of general services shall also examine the use of incen- 25 tives, including bid credits, related to bids within five percent of the 26 lowest price, to encourage the usage and innovation of low embodied 27 carbon concrete on state agency projects. 28 5. In addition, the office of general services shall also examine the 29 use of implementing standards for performance based specification, 30 including but not limited to requirements that a structural material 31 achieve specified performance based outcomes from the use of the struc- 32 tural material, including but not limited to, outcomes related to 33 strength, durability, permeability or other attributes related to the 34 function of the building material for applied uses, as opposed to 35 requiring that a structural material be produced using a specified 36 manufacturer process, design features, technologies, or proportion of 37 materials. The office of general services shall examine the use of 38 methods of compliance, including, but not limited to, maximum cement 39 content specifications and specifications based on maximum potential for 40 global warming. 41 6. The commissioner of general services, in consultation with the 42 department of transportation and the stakeholder advisory group estab- 43 lished in subdivision three of this section, shall examine the use of an 44 expedited product evaluation protocol for low embodied carbon concrete 45 products. 46 7. As used in this section, the term "state agency" shall mean the 47 same as defined in section one hundred sixty of this chapter. 48 8. The guidelines established pursuant to this section as well as any 49 recommendations for subsequent legislative action resulting from examin- 50 ing the use of incentives related to bid credits shall be submitted to 51 the governor, the temporary president of the senate and the speaker of 52 the assembly within thirty days of the issuance of such guidelines or 53 within one year from the effective date of this section, whichever may 54 come sooner. 55 § 2. This act shall take effect on the one hundred eightieth day after 56 it shall have become a law and shall apply to any state contractingA. 2591--A 3 1 opportunities advertised on or after such date and shall exclude 2 contracts for which an invitation for bid, request for proposal, or 3 similar solicitation has been issued prior to the effective date of this 4 act.