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.
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
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.
