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A08202 Summary:

BILL NOA08202A
 
SAME ASSAME AS S08000
 
SPONSOREpstein
 
COSPNSRLevenberg
 
MLTSPNSR
 
Add 170-j, Exec L
 
Directs state agencies to adopt an embodied carbon decarbonization program; requires the office of general services to issue operational directives and guidance for common construction materials to reduce the amount of embodied carbon in such materials.
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A08202 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A8202A
 
SPONSOR: Epstein
  TITLE OF BILL: An act to amend the executive law, in relation to directing state agen- cies to adopt an embodied carbon decarbonization program   SUMMARY OF PROVISIONS: Section 1 adds a 170-i to the executive law, establishing a embodied carbon decarbonization program Section 2 provides the effective date   JUSTIFICATION: New York State and New York City recently issued executive orders (EO 22 and EO 23, respectively) that recognize the importance of reducing embodied carbon emissions in building materials, The state's_ require- ments generally focus on material transparency and reporting as first steps to help the industry familiar with the issues; however, they do not yet mandate reductions. This legislation would establish an embodied carbon decarbonization program overseen by the Office of General Services (OGS). OGS would be responsible for issuing operational directives and guidance to executive agencies, authorities, and SUNY and CUNY with the goal of reducing the amount of embodied carbon in new construction and significant reno- vations, These affected entities would require bidders to provide prod- uct declarations that include the amount of embodied carbon in building materials and comply with maximum global warming potential limits set by OGS.   LEGISLATIVE. HISTORY: New bill   FISCAL IMPLICATIONS: To be determined   EFFECTIVE DATE: Immediately
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A08202 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         8202--A
 
                               2025-2026 Regular Sessions
 
                   IN ASSEMBLY
 
                                       May 5, 2025
                                       ___________
 
        Introduced  by  M. of A. EPSTEIN, LEVENBERG -- read once and referred to
          the Committee on Governmental Operations -- committee discharged, bill
          amended, ordered reprinted as amended and recommitted to said  commit-
          tee
 
        AN  ACT to amend the executive law, in relation to directing state agen-
          cies to adopt an embodied carbon decarbonization program

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1. The executive law is amended by adding a new section 170-j
     2  to read as follows:
     3    § 170-j. Embodied carbon decarbonization program. 1. For the  purposes
     4  of this section, the following terms shall have the following meanings:
     5    (a) "affected entities" shall mean any agency or department over which
     6  the  governor  has  executive authority, including all offices and divi-
     7  sions thereof, as well as all public authorities for which the  governor
     8  appoints  the  chair,  the chief executive, or the majority of the board
     9  members, including all offices and divisions  thereof,  except  for  the
    10  port  authority  of  New  York and New Jersey. "Affected entities" shall
    11  also include the state university of New York and the city university of
    12  New York;
    13    (b) "common construction materials" shall mean:
    14    (i)  concrete,  including  ready  mix  concrete,  shotcrete,   precast
    15  concrete, and concrete masonry units;
    16    (ii) asphalt paving mixtures;
    17    (iii)  steel, including rebar, reinforcing steel and structural steel,
    18  hot-rolled sections, hollow sections, plate steel and cold-formed steel;
    19    (iv) any other materials the office of general services designates  by
    20  rule and reviews every three years;
    21    (c)  "new  construction" shall mean the construction of a new building
    22  that is occupied during all four seasons and  is  five  thousand  square
    23  feet or larger; and
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11392-05-5

        A. 8202--A                          2
 
     1    (d) "product and facility-specific environmental product declarations"
     2  shall  mean  a type III environmental product declaration, as defined by
     3  the international organization for  standardization  8  standard  14025,
     4  representing a single product from a single manufacturing facility.
     5    2.  Beginning  in  two  thousand  twenty-six,  the  office  of general
     6  services shall continue to issue operational directives and guidance for
     7  common construction materials to reduce the amount of embodied carbon in
     8  such materials. Affected entities shall  seek  to  reduce  the  embodied
     9  carbon  in  all  new construction or construction projects consisting of
    10  adaptive reuse or significant renovations that  cost  greater  than  one
    11  million  dollars,  submitted  for  permitting  by  affected entities, by
    12  taking the following actions:
    13    (a) design teams shall calculate the total embodied carbon  that  will
    14  result   from  the  project,  including  shipping,  transportation,  and
    15  construction equipment requirements;
    16    (b) bidders shall be required to submit product and  facility-specific
    17  environmental  product declarations, that include the amount of embodied
    18  carbon in given building materials; and
    19    (c) product- and facility-specific environmental product  declarations
    20  for  products submitted for bid and installation shall comply with maxi-
    21  mum global warming potential limits defined by  the  office  of  general
    22  services.
    23    § 2. This act shall take effect immediately.
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