Bill Text: NY A07936 | 2009-2010 | General Assembly | Introduced

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Bill Title: Expands the products which may be purchased for public use by including renewable energy resources; increases the cost premium percentage for renewable energy generated in New York.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2010-01-06 - referred to local governments [A07936 Detail]

Download: New_York-2009-A07936-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         7936
                              2009-2010 Regular Sessions
                                 I N  A S S E M B L Y
                                    April 28, 2009
                                      ___________
       Introduced by M. of A. DelMONTE -- read once and referred to the Commit-
         tee on Local Governments
       AN  ACT to amend the general municipal law, in relation to expanding the
         products which may be purchased for public use
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.  Section 104-a of the general municipal law, as amended by
    2  chapter 468 of the laws of 1994, is amended to read as follows:
    3    S 104-a. Purchasing of products for public use.    1.  Notwithstanding
    4  the  provisions  of section one hundred three of this [chapter] ARTICLE,
    5  when purchasing products the officer, board or agency of  any  political
    6  subdivision  or  of  any  district  therein charged with the awarding of
    7  public contracts may, wherever RENEWABLE ENERGY  RESOURCES  OR  recycled
    8  products  meet contract specifications and the price of such products is
    9  reasonably competitive, purchase such products. For the purpose of  this
   10  section  [and  until  July first, nineteen hundred ninety-six, "recycled
   11  product" shall mean any product which has been manufactured from second-
   12  ary materials, as defined in subdivision  one  of  section  two  hundred
   13  sixty-one  of the economic development law, and meets secondary material
   14  content requirements adopted by the office  of  general  services  under
   15  subdivision  one  of  section  one  hundred  seventy-seven  of the state
   16  finance law for products  available  to  the  political  subdivision  or
   17  district  under  state contract or, if no such contract for such product
   18  is available, any product which meets  the  secondary  material  content
   19  requirements  adopted  by  the political subdivision or district thereof
   20  with respect to a specific commodity procurement by such entity. On  and
   21  after July first, nineteen hundred ninety-six,]:
   22    (A) "recycled product" shall mean[, for the purposes of this section,]
   23  any  product  which is manufactured from secondary materials, as defined
   24  in subdivision one of section two  hundred  sixty-one  of  the  economic
   25  development  law, and which meets the requirements of subdivision two of
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04645-06-9
       A. 7936                             2
    1  section 27-0717 of the environmental conservation  law  and  regulations
    2  promulgated pursuant thereto[. For the purpose of this section,];
    3    (B)  "RENEWABLE  ENERGY RESOURCES" SHALL HAVE THE SAME MEANING AS SUCH
    4  TERM IS DEFINED IN SUBDIVISION TWELVE OF SECTION  1-103  OF  THE  ENERGY
    5  LAW;
    6    (C) "reasonably competitive" shall mean:
    7    (I)  that  the  cost  of  the  recycled product does not exceed a cost
    8  premium of ten percent above the cost of a comparable  product  that  is
    9  not  a  recycled  product or, if at least fifty percent of the secondary
   10  materials utilized in the manufacture of that product are generated from
   11  the waste stream in New York state, the cost  of  the  recycled  product
   12  does  not  exceed  a cost premium of fifteen percent above the cost of a
   13  comparable product that is not a recycled product; OR
   14    (II) THAT THE COST OF THE RENEWABLE ENERGY RESOURCE DOES NOT EXCEED  A
   15  COST  PREMIUM OF TEN PERCENT ABOVE THE COST OF A COMPARABLE PRODUCT THAT
   16  IS NOT A RENEWABLE ENERGY RESOURCE.
   17    2. Whenever such officer, board or agency shall purchase or cause  the
   18  purchase  of  printing on recycled paper pursuant to this section, he or
   19  she shall require the printed material to  contain  the  official  state
   20  recycling  emblem  established  pursuant  to  subdivision two of section
   21  27-0717 of the environmental conservation law and regulations promulgat-
   22  ed pursuant thereto if such paper has been approved by the department of
   23  environmental conservation as satisfying the requirements of such  stat-
   24  ute and regulations, or, if such paper has not been so approved, require
   25  the  printed material to include a printed statement which indicates the
   26  percentages of pre-consumer and post-consumer recycled material  content
   27  of such paper.
   28    S  2. This act shall take effect on the first of January next succeed-
   29  ing the date on which it shall have become  a  law;  provided,  however,
   30  that effective immediately, the addition, amendment and/or repeal of any
   31  rule  or  regulation necessary for the implementation of this act on its
   32  effective date are authorized and directed to be made and  completed  on
   33  or before such effective date.