SUBJECT:

PURPOSE:

Roosevelt Hearing Room C
Albany, NY 12248

Wednesday
December 15, 2004
11:00 A.M.
Legislative Office Building 2nd Floor

In 1995, the Procurement Stewardship Act (State Finance Law, Article 11) was enacted in order to consolidate, codify and update the procurement laws of New York State. Recognizing that the enactment of this law would need to be reevaluated after an initial period, the law sunseted in 2000, and was renewed for an additional five years. In 2005, several provisions will sunset, prompting another reevaluation of New York State's procurement law.

When the Stewardship Act was renewed in 2000, a number of significant changes were made to the State Finance Law. One significant change was the addition of requirements to increase the use of recycled and remanufactured products. This was achieved by requiring the Office of General Services to make product specifications to allow for, and mandate where reasonable, the use of remanufactured products. This hearing will review the effectiveness of the recyclable, recycled and remanufacturing provisions of SFL 165(3).

Please see the reverse side for a list of subjects to which witnesses may direct their testimony, and for a description of the bills which will be discussed at the hearing.

Persons wishing to present pertinent testimony to the Committees at the above hearing should complete and return the enclosed reply form as soon as possible. It is important that the reply form be fully completed and returned so that persons may be notified in the event of emergency postponement or cancellation.

Oral testimony will be limited to ten minutes' duration. Witnesses will be scheduled in the order in which reply forms are postmarked. Ten copies of any prepared testimony should be submitted at the hearing registration desk. The Committees would appreciate advance receipt of prepared statements.

In order to further publicize these hearings, please inform interested parties and organizations of the Committees' interest in hearing testimony from all sources.

In order to meet the needs of those who may have a disability, the Assembly, in accordance with its policy of non-discrimination on the basis of disability, as well as the 1990 Americans with Disabilities Act (ADA), has made its facilities and services available to all individuals with disabilities. For individuals with disabilities, accommodations will be provided, upon reasonable request, to afford such individuals access and admission to Assembly facilities and activities.

SELECTED ISSUES TO WHICH WITNESSES MAY DIRECT THEIR TESTIMONY:

1. How effective has section 165(3) of the State Finance Law been in promoting the use of recycled, recyclable and remanufactured commodities?

2. What changes, if any, should be made to section 165(3) of the State Finance Law in relation to recycled, recyclable and remanufactured commodities?

3. What impact has the remanufacturing law had on industry in New York State?

4. What impact has the remanufacturing law had on New York State contracts for commodities?

5. How could section 165(3) be better applied or expanded to promote the use of remanufactured and recycled products throughout NYS?

6. Have there been instances when the SFL language has not been used appropriately, denying NYS offices and state taxpayers the ability to save money and help protect the environment? If so, when?

7. Has the cost of the remanufactured commodity over its lifecycle been considered in all cases of contracts with State agencies? If so, what are the results?

8. Have there been cases when a commodity has been altered through a software update after a contract is in effect that essentially prevents the use of recycled or remanufactured products?

9. Is there a need for better education of the general public and state agencies regarding the benefits of using recyclable, recycled, and remanufactured products?

10. Section 163 of the State Finance Law already allows state agencies to purchase recycled and remanufactured goods under $50,000 without a competitive bid process. Should the State extend that same ability to local governments, school districts and public benefit companies?

11. Should 163 of the state finance law be amended to establish a used- toner cartridge recovery program?

12. What has the State done to remove discrimination against remanufactured products?

PUBLIC HEARING REPLY FORM

Persons wishing to present testimony at the public hearing on remanufacturing procurement are requested to complete this reply form as soon as possible and mail it to:

Nichole Hedglin
Committee Assistant
Assembly Committee on Governmental Operations
Room 513 - Capitol
Albany, New York 12248
Phone: (518) 455-4355
Fax: (518) 455-4128

I will address my remarks to the following subjects:

I will require assistance and/or handicapped accessibility information. Please specify the type of assistance required: