N.Y. State Finance Law § 136-d*2: Contracts involving low embodied carbon concrete

* § 136-d. Contracts involving low embodied carbon concrete. 1. Any

state agency contract for low embodied carbon concrete shall include

provisions regarding contractor, subcontractor and worker product

certification as follows:

(a) Contractors and subcontractors doing work involving low embodied

carbon concrete shall certify that all work completed meets the minimum

standards established under this section by the office of general

services.

(b) Contractors and subcontractors doing work involving low embodied

concrete shall certify that all procured low embodied carbon concrete

utilized on projects meets the minimum standards established under this

section by the office of general services.

2. Any certifications required by this section shall be kept current

for the duration of all contracts.

3. (a) The office of general services shall establish guidelines

requiring the procurement of low embodied carbon concrete on projects

deemed appropriate by such office. Such guidelines shall implement a

process with minimum standards for contractors and subcontractors to

file with the contracting agency upon completion of a project. When

establishing guidelines related to low embodied carbon concrete, the

office of general services shall consider industry standards and shall

consult with a stakeholder advisory group selected by the commissioner

of general services consisting of:

(i) two licensed professional engineers;

(ii) two licensed registered architects;

(iii) two representatives of the construction industry;

(iv) two representatives of the concrete testing and validation

industry;

(v) two representatives of an accredited school of civil engineering;

(vi) one representative from the New York State Energy Research and

Development Authority; and

(vii) one representative each from the department of transportation,

the department of state, and the department of environmental

conservation.

(b) The office of general services shall consult with any relevant

associations that set industry standards for the procurement of low

embodied carbon concrete and shall consult with affected contractors and

subcontractors to consider environmental impact as well as the impact on

public health and safety.

4. The office of general services shall also examine the use of

incentives, including bid credits, related to bids within five percent

of the lowest price, to encourage the usage and innovation of low

embodied carbon concrete on state agency projects.

5. In addition, the office of general services shall also examine the

use of implementing standards for performance based specification,

including but not limited to requirements that a structural material

achieve specified performance based outcomes from the use of the

structural material, including but not limited to, outcomes related to

strength, durability, permeability or other attributes related to the

function of the building material for applied uses, as opposed to

requiring that a structural material be produced using a specified

manufacturer process, design features, technologies, or proportion of

materials. The office of general services shall examine the use of

methods of compliance, including, but not limited to, maximum cement

content specifications and specifications based on maximum potential for

global warming.

6. The commissioner of general services, in consultation with the

department of transportation and the stakeholder advisory group

established in subdivision three of this section, shall examine the use

of an expedited product evaluation protocol for low embodied carbon

concrete products.

7. As used in this section, the term "state agency" shall mean the

same as defined in section one hundred sixty of this chapter.

8. The guidelines established pursuant to this section as well as any

recommendations for subsequent legislative action resulting from

examining the use of incentives related to bid credits shall be

submitted to the governor, the temporary president of the senate and the

speaker of the assembly within thirty days of the issuance of such

guidelines or within one year from the effective date of this section,

whichever may come sooner.

* NB There are 2 § 136-d's