Bill Text: NY S01035 | 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; further increases the cost premium percentage of a product deemed reasonably competitive.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2010-01-06 - REFERRED TO LOCAL GOVERNMENT [S01035 Detail]

Download: New_York-2009-S01035-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         1035
                              2009-2010 Regular Sessions
                                   I N  S E N A T E
                                   January 22, 2009
                                      ___________
       Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
         when printed to be committed to the Committee on Local Government
       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.
                                                                  LBD04645-02-9
       S. 1035                             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 INCLUDE SOURCES THAT ARE CAPA-
    4  BLE OF BEING CONTINUOUSLY RESTORED BY NATURAL OR OTHER MEANS OR  ARE  SO
    5  LARGE  AS  TO BE USEABLE FOR CENTURIES WITHOUT SIGNIFICANT DEPLETION AND
    6  INCLUDE SOLAR, WIND, PHOTOVOLTAICS, METHANE  WASTE,  TIDAL,  GEOTHERMAL,
    7  AND FUEL CELL TECHNOLOGIES; AND
    8    (C) "reasonably competitive" shall mean:
    9    (I)  that  the  cost  of  the  recycled product does not exceed a cost
   10  premium of ten percent above the cost of a comparable  product  that  is
   11  not  a  recycled  product or, if at least fifty percent of the secondary
   12  materials utilized in the manufacture of that product are generated from
   13  the waste stream in New York state, the cost  of  the  recycled  product
   14  does  not  exceed  a cost premium of fifteen percent above the cost of a
   15  comparable product that is not a recycled product; OR
   16    (II) THAT THE COST OF THE RENEWABLE ENERGY RESOURCE DOES NOT EXCEED  A
   17  COST  PREMIUM  OF FIFTEEN PERCENT ABOVE THE COST OF A COMPARABLE PRODUCT
   18  THAT IS NOT A RENEWABLE ENERGY RESOURCE.
   19    2. Whenever such officer, board or agency shall purchase or cause  the
   20  purchase  of  printing on recycled paper pursuant to this section, he or
   21  she shall require the printed material to  contain  the  official  state
   22  recycling  emblem  established  pursuant  to  subdivision two of section
   23  27-0717 of the environmental conservation law and regulations promulgat-
   24  ed pursuant thereto if such paper has been approved by the department of
   25  environmental conservation as satisfying the requirements of such  stat-
   26  ute and regulations, or, if such paper has not been so approved, require
   27  the  printed material to include a printed statement which indicates the
   28  percentages of pre-consumer and post-consumer recycled material  content
   29  of such paper.
   30    S  2. This act shall take effect on the first of January next succeed-
   31  ing the date on which it shall have become a law. Effective immediately,
   32  the addition, amendment and/or repeal of any rule or  regulation  neces-
   33  sary  for  the  implementation  of  this  act  on its effective date are
   34  authorized and directed to be made  and  completed  on  or  before  such
   35  effective date.