New York S 8174: Enacts "The Climate Forward Concrete Leadership Act"

Bill Text

STATE OF NEW YORK
________________________________________________________________________
S. 8174 A. 9042
SENATE - ASSEMBLY
January 31, 2022
___________
IN SENATE -- Introduced by Sen. KAMINSKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Procure-
ment and Contracts
IN ASSEMBLY -- Introduced by M. of A. CARROLL -- read once and referred
to the Committee on Governmental Operations
AN ACT to amend the executive law and the tax law, in relation to "The
Climate Forward Concrete Leadership Act"
The People of the State of New York, represented in Senate and Assem-
bly, do enact as follows:
1 Section 1. This act shall be known and may be cited as "The Climate
2 Forward Concrete Leadership Act".
3 § 2. The executive law is amended by adding a new section 204 to read
4 as follows:
5 § 204. The climate forward concrete leadership act. 1. For the
6 purposes of this section, the following terms shall have the following
7 meanings:
8 a. "Approved green procurement specifications" shall refer to the
9 specifications approved for use by state agencies and public authorities
10 in the procurement of commodities, services and technology by the state
11 interagency committee, pursuant to executive order number four of two
12 thousand eight. Approved green procurement specifications shall: (i)
13 reduce or eliminate the health and environmental risks from the use or
14 release of toxic substances; (ii) minimize risks of the discharge of
15 pollutants into the environment; (iii) minimize the volume and toxicity
16 of packaging; (iv) maximize the use of recycled content and sustainably
17 managed renewable resources; and (v) provide other environmental and
18 health benefits.
19 b. "Approved materials, equipment, methods and procedures list" or
20 "approved materials list" shall refer to the department of transporta-
21 tion's index of materials, equipment, methods and procedures that have
22 been evaluated and approved for use in state projects.
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD14395-02-2

S. 8174 2 A. 9042
1 c. "CO2e" or "carbon dioxide equivalent" shall mean a measure used to
2 compare the lows from various greenhouse gases based upon their global
3 warming potential.
4 d. "Concrete" shall mean structural and non-structural masonry,
5 precast and ready-mix concrete building products.
6 e. "Concrete mix and product" shall mean a specific combination of
7 components, including water, cement, aggregate and other materials which
8 are used to produce concrete products.
9 f. "Embodied carbon" shall mean carbon emissions generated as a result
10 of a material's production, including mining, refining, and shipping.
11 g. "EPD" or "environmental product declaration" shall mean product
12 specific Type III EPDs that conform to ISO Standard 14025 and enable the
13 numeric GWP and environmental impact comparisons between concrete mixes
14 fulfilling the same functions.
15 h. "GWP" or "global warming potential" shall mean a numeric value that
16 measures the total contribution to global warming from the emission of
17 greenhouse gases, or the elimination of greenhouse gas sinks, that
18 results from the production and/or utilization of a method or product.
19 i. "Lower carbon concrete" shall refer to concrete mixes and products
20 that: (i) have been verified to result in a GWP value that is equal to
21 or less than the GWP value of the present approved green procurement
22 specifications; and (ii) do not result in the elevation of hazardous
23 pollutants that have been verified to be harmful to human health and/or
24 ecosystems.
25 j. "Lower carbon concrete green procurement specification" shall refer
26 to lower carbon concrete specifications approved by the state interagen-
27 cy committee.
28 k. "Lower carbon concrete performance bonus" shall mean a monetary
29 bonus awarded to concrete producers for the manufacture of concrete that
30 results in superior GWP performance, as verified by environmental prod-
31 uct declarations.
32 l. "Maximum global warming potential threshold" shall mean the maximum
33 GWP values that are permissible for concrete mixes and products procured
34 and utilized in state construction projects, as approved and revised
35 every three years by the state interagency committee.
36 m. "OGS" shall mean the office of general services.
37 n. "Performance-based specification" shall mean a contract provision
38 that requires that a structural material achieve specified performance
39 outcomes from the use of the structural material, including, but not
40 limited to, outcomes related to the strength, durability, permeability,
41 or other attributes related to the function of the building material for
42 applied uses, as opposed to requiring that a structural material be
43 produced using a specific prescribed manufacturing process, design
44 features, technologies, or proportions of constituent materials