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A02591 Summary:

BILL NOA02591A
 
SAME ASSAME AS S00542-A
 
SPONSORCarroll
 
COSPNSRDickens, Rodriguez, Gottfried, Abinanti, Stirpe, Barron, Davila, Niou, Rosenthal L, Epstein, Anderson, Paulin, Dinowitz, Reyes, Colton, De La Rosa, Galef, Otis, Jackson, Gallagher, Perry, Thiele, Gonzalez-Rojas, Stern, Zebrowski, Rozic, Quart, Griffin, Santabarbara, McDonald, Lavine, Woerner
 
MLTSPNSRCook, Cymbrowitz, Englebright, Simon
 
Add §136-d, St Fin L
 
Relates to provisions in state procurement contracts involving the use of low embodied carbon concrete.
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A02591 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A2591A
 
SPONSOR: Carroll
  TITLE OF BILL: An act to amend the state finance law, in relation to provisions in state procurement contracts involving the use of low embodied carbon concrete   PURPOSE OR GENERAL IDEA OF BILL: This bill would establish procurement guidelines for the procurement of low embodied carbon concrete.   SUMMARY OF PROVISIONS: Section 1 of the bill requires the Office of General Services to estab- lish guidelines concerning the procurement of low embodied carbon concrete. Contractors doing this type of work would then need to follow these guidelines and certify that their work and the concrete they are procuring meets these minimum guidelines. The bill outlines what the office will need to examine when crafting the guidelines including incentives for the procurement and usage of low embodied carbon concrete by contractors. The bill requires the guidance and any associated legis- lative recommendations to be issued to the governor and the legislature. Section 2 of the bill is the effective date.   DIFFERENCE BETWEEN ORIGINAL AND AMENDED VERSION: The bill now requires the issuance of procurement guidelines by the Office of General Services. The tax credit associated with the bill has been removed.   JUSTIFICATION: More than 10 billion tons of concrete are produced globally each year, making it the second-most used substance on earth after water. The production of concrete's core ingredient cement accounts for up to 8% of total global emissions. To bring the concrete and cement sectors in line with the targets agreed upon in the Paris Agreement, annual emissions must fall by 16% by 2030. However, current trajectories project that demand for both materials could increase by as much as 23% by 2050.Under this business as usual scenario, production escalation on this scale will release extraordinary levels of CO2 during the next three pivotal decades. Therefore reducing the embodied carbon of concrete - a measure of emis- sions generated during the production process of materials before they are utilized - is a critical front in the collective global effort to preserve the climate. At the same time, concrete's unique potential to permanently store and mineralize carbon must be unlocked and advanced through both private and public sector commitments. Indeed, deep reductions in cement-based emissions paired with technological inno- vations that maximize concrete's carbon storage potential could ulti- mately result in carbon negativity to an outcome in which less carbon is emitted in concrete production than is permanently secured in its utili- zation or storage. Given the present-day volume of concrete utilized annually and the rate of growth projected over the coming decades, transforming concrete from a net carbon source to a net carbon sink would have highly meaningful and quantifiable implications for the climate. This bill proposes a new procurement standard for construction projects that would place our state firmly in a leading position to bring about this transition. And this is a role that New York is excep- tionally well positioned to assume given the bold commitments estab- lished by the Climate Leadership and Community Production Act of 2019, and the size and dynamism of the state's economy and construction indus- tries.   PRIOR LEGISLATIVE HISTORY: A.8617/S.8965 of 2019-20   FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS: To be determined.   EFFECTIVE DATE: This act shall take effect on the one hundred eightieth day after it shall have become a law and shall apply to any state contracting oppor- tunities advertised on or after such date and shall exclude contracts for which an invitation for bid, request for proposal, or similar solic- itation has been issued prior to the effective date of this act.
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A02591 Text:



 
                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.
                                                                   LBD01244-18-1

        A. 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  contracting

        A. 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.
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