§ 136-D*2 — Contracts involving low embodied carbon concrete

* § 136-d. Contracts involving low embodied carbon concrete. 1. Any\nstate agency contract for low embodied carbon concrete shall include\nprovisions regarding contractor, subcontractor and worker product\ncertification as follows:\n (a) Contractors and subcontractors doing work involving low embodied\ncarbon concrete shall certify that all work completed meets the minimum\nstandards established under this section by the office of general\nservices.\n (b) Contractors and subcontractors doing work involving low embodied\nconcrete shall certify that all procured low embodied carbon concrete\nutilized on projects meets the minimum standards established under this\nsection by the office of general services.\n 2. Any certifications required by this section shall be kept current\nfor the duration of all contracts.\n 3. (a) The office of general services shall establish guidelines\nrequiring the procurement of low embodied carbon concrete on projects\ndeemed appropriate by such office. Such guidelines shall implement a\nprocess with minimum standards for contractors and subcontractors to\nfile with the contracting agency upon completion of a project. When\nestablishing guidelines related to low embodied carbon concrete, the\noffice of general services shall consider industry standards and shall\nconsult with a stakeholder advisory group selected by the commissioner\nof general services consisting of:\n (i) two licensed professional engineers;\n (ii) two licensed registered architects;\n (iii) two representatives of the construction industry;\n (iv) two representatives of the concrete testing and validation\nindustry;\n (v) two representatives of an accredited school of civil engineering;\n (vi) one representative from the New York State Energy Research and\nDevelopment Authority; and\n (vii) one representative each from the department of transportation,\nthe department of state, and the department of environmental\nconservation.\n (b) The office of general services shall consult with any relevant\nassociations that set industry standards for the procurement of low\nembodied carbon concrete and shall consult with affected contractors and\nsubcontractors to consider environmental impact as well as the impact on\npublic health and safety.\n 4. The office of general services shall also examine the use of\nincentives, including bid credits, related to bids within five percent\nof the lowest price, to encourage the usage and innovation of low\nembodied carbon concrete on state agency projects.\n 5. In addition, the office of general services shall also examine the\nuse of implementing standards for performance based specification,\nincluding but not limited to requirements that a structural material\nachieve specified performance based outcomes from the use of the\nstructural material, including but not limited to, outcomes related to\nstrength, durability, permeability or other attributes related to the\nfunction of the building material for applied uses, as opposed to\nrequiring that a structural material be produced using a specified\nmanufacturer process, design features, technologies, or proportion of\nmaterials. The office of general services shall examine the use of\nmethods of compliance, including, but not limited to, maximum cement\ncontent specifications and specifications based on maximum potential for\nglobal warming.\n 6. The commissioner of general services, in consultation with the\ndepartment of transportation and the stakeholder advisory group\nestablished in subdivision three of this section, shall examine the use\nof an expedited product evaluation protocol for low embodied carbon\nconcrete products.\n 7. As used in this section, the term "state agency" shall mean the\nsame as defined in section one hundred sixty of this chapter.\n 8. The guidelines established pursuant to this section as well as any\nrecommendations for subsequent legislative action resulting from\nexamining the use of incentives related to bid credits shall be\nsubmitted to the governor, the temporary president of the senate and the\nspeaker of the assembly within thirty days of the issuance of such\nguidelines or within one year from the effective date of this section,\nwhichever may come sooner.\n * NB There are 2 § 136-d's\n