2023 New York Laws › STF - State Finance › Article 9 - Contracts › 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