New York Laws
Article 9 - Contracts
136-D*2 - Contracts Involving Low Embodied Carbon Concrete.

(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