A 8202: Directs state agencies to adopt an embodied carbon decarbonization program; requires the office of general services to issue operational directives and guidance for common construction materials to reduce the amount of embodied carbon in such materials.

  
  STATE OF NEW YORK ________________________________________________________________________ 8202 2025-2026 Regular Sessions  IN ASSEMBLY May 5, 2025 ___________ Introduced by M. of A. EPSTEIN -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to directing state agen- cies to adopt an embodied carbon decarbonization program The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The executive law is amended by adding a new section 170-i 2 to read as follows: 3 § 170-i. Embodied carbon decarbonization program. 1. For the purposes 4 of this section, the following terms shall have the following meanings: 5 (a) "affected entities" shall mean any agency or department over which 6 the governor has executive authority, including all offices and divi- 7 sions thereof, as well as all public authorities for which the governor 8 appoints the chair, the chief executive, or the majority of the board 9 members, including all offices and divisions thereof, except for the 10 port authority of New York and New Jersey. "Affected entities" shall 11 also include the state university of New York and the city university of 12 New York; 13 (b) "common construction materials" shall mean: 14 (i) concrete, including ready mix concrete, shotcrete, precast 15 concrete, and concrete masonry units; 16 (ii) asphalt paving mixtures; 17 (iii) steel, including rebar, reinforcing steel and structural steel, 18 hot-rolled sections, hollow sections, plate steel and cold-formed steel; 19 (iv) any other materials the office of general services designates by 20 rule and reviews every three years; 21 (c) "new construction" shall mean the construction of a new building 22 that is occupied during all four seasons and is three thousand square 23 feet or larger; and 24 (d) "product and facility-specific environmental product declarations" 25 shall mean a type III environmental product declaration, as defined by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD11392-02-5 
 A. 8202 2 1 the international organization for standardization 8 standard 14025, 2 representing a single product from a single manufacturing facility. 3 2. The office of general services shall issue operational directives 4 and guidance for common construction materials to reduce the amount of 5 embodied carbon in such materials. Beginning January first, two thousand 6 twenty-six, affected entities shall seek to reduce the embodied carbon 7 in all new construction or construction projects consisting of adaptive 8 reuse or significant renovations that cost greater than fifty percent of 9 the cost of new construction, submitted for permitting by affected enti- 10 ties, by taking the following actions: 11 (a) design teams shall calculate the total embodied carbon that will 12 result from the project, including shipping, transportation, and 13 construction equipment requirements; 14 (b) bidders shall be required to submit product and facility-specific 15 environmental product declarations, that include the amount of embodied 16 carbon in given building materials; and 17 (c) product- and facility-specific environmental product declarations 18 for products submitted for bid and installation shall comply with maxi- 19 mum global warming potential limits defined by the office of general 20 services. 21 § 2. This act shall take effect immediately.