Town of Brookhaven, NY
Suffolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Board of the Town of Brookhaven 1-27-2009 by L.L. No. 1-2009, effective 3-24-2009. Amendments noted where applicable.]
GENERAL REFERENCES
Bidding preferences — See Ch. 7.
Business practices — See Ch. 7A.

§ 7B-1 Legislative intent.

In recognition of the benefit achieved by local government doing its part to reduce, as it is able, the use of products which may be considered more harmful to human health and the environment than those suggested in green guides, the Town Board of the Town of Brookhaven through this chapter hereby establishes a "Green Procurement Policy" which will authorize the Director of Purchasing, on behalf of the Town Board and the Superintendent of Highways, where possible, to purchase products which have been deemed environmentally preferable. The adoption of this chapter will further authorize the establishment of a committee consisting of various departments in the Town as well as two representatives from recognized environmental or conservation groups, who shall make recommendations to the Director of Purchasing based upon established green guides how to best achieve this directive and provide the Director with a list of such products having procurement specifications. This chapter will further require the Director of Purchasing to report back to the Town Board on a yearly basis, as to the established list of environmentally preferable products and the information on the green procurement the Town has undertaken during that reporting year.

§ 7B-2 Applicability.

The requirements of this chapter shall apply commencing 45 days after the filing with the Secretary of State.

§ 7B-3 Definitions.

For purposes of this chapter, the following definitions shall apply:
DIRECTOR
The Director of the Office of Purchasing.
ENVIRONMENTALLY PREFERABLE PRODUCT
Any product that has a lesser impact on human health and the environment when compared with a competing product, in consideration of raw materials acquisition, production, manufacturing, packaging, distribution, reuse, operation, and/or disposal of the product.
FOOD PACKAGING
All bags, sacks, wrapping, containers, bowls, plates, trays, cartons, cups, straws and lids which are not intended for reuse, on or in which any foods or beverages are placed or packaged.
GREEN PROCUREMENT
The purchase of environmentally preferable products.
POLYSTYRENE FOAM
Includes blown polystyrene and expanded and extruded forms (sometimes called Styrofoam, a Dow Chemical Co. trademarked form of polystyrene foam insulation), which are thermoplastic petrochemical materials utilizing a styrene monomer and processed by any number of techniques, including without limitation fusion of polymer spheres (expandable bead polystyrene), injection molding, foam molding and extrusion-blown molding (extruded foam polystyrene). Polystyrene foam is generally used to make cups, bowls, plates, trays, clamshell containers, meat trays, egg cartons, and ice chests.
POLYSTYRENE FOAM FOOD PACKAGING
Includes any food packaging which contains any polystyrene foam.
PROHIBITIVE COST
A cost of 15% or more than a comparable product that does not meet the criteria established by this chapter.
TOWN
The Town of Brookhaven.

§ 7B-4 Green procurement.

There is herein established a "Green Procurement Policy" for the Town of Brookhaven. Pursuant to the authority granted to the Director of the Office of Purchasing herein, he/she shall implement green procurement as provided in this section to help the Town's departments, offices and/or divisions prevent waste and pollution by the consideration of products that have a lesser or reduced effect on human health and the environment when compared with competing products or services that serve the same purpose.
A. 
Within one year of the effective date of this chapter and within each year thereafter, to the extent that there are available standard specifications for environmentally preferable products that have been established by a green purchase guide, as described in this subsection, the Director shall select specifications, after considering the recommendations of the committee established by this subsection, for the green procurement of three materials or products in each of the following categories:
(1) 
Paper office supplies.
(2) 
Non-paper office supplies.
(3) 
Office equipment.
(4) 
Cleaning supplies.
(5) 
Food service products.
(6) 
Building construction products.
(7) 
Park and recreational products.
(8) 
Exterior site work and landscaping products.
(9) 
Vehicle and vehicle maintenance products.
(10) 
Road and transportation products.
B. 
A committee comprised of one representative of each of the following Town offices, departments and/or divisions: Purchasing, Recycling and Sustainable Materials Management, and Parks and Recreation and Sports, and Cultural Resources, as well as two members of environmental or conservation organizations, appointed by the Town Board, shall recommend to the Director the specifications for such materials or products. In recommending such specifications, such committee shall use the environmental standards established by a green purchase guide, including but not limited to the Environmental Protection Agency's Environmentally Preferable Purchasing Guide, the Environmental Protection Agency's Green Purchasing Guide, Green Seal Responsible Purchasing Network, Building Green, Incorporated's GreenSpec Directory, or the Environmental Choice EcoLogo Program.
[Amended 6-29-2017 by L.L. No. 16-2017, effective 7-13-2017]
C. 
The Director shall use the specifications selected pursuant to Subsection B of this section when soliciting bids for any materials to which they apply, and shall require any bidder to offer for sale to the Town only those items meeting such specifications; provided, however, that nothing contained herein shall be construed as requiring the acquisition of environmentally preferable products that do not perform adequately for their intended use, exclude adequate competition, or are only available at a prohibitive cost and are not available in a reasonable amount of time.
D. 
Polystyrene. No Town funds shall be used to purchase any polystyrene foam food packaging unless there is no alternative food packaging that performs adequately for its intended use or that is available at a reasonable price in a reasonable period of time.
E. 
The Director shall promulgate such rules as are necessary to effectuate the provisions of this section.
F. 
Reporting requirement. Within 30 days after each anniversary date of the effective date of this section, the Director shall submit a report to the Town Board including, but not limited to a list of environmentally preferable products for which procurement specifications have been selected pursuant to this section as well as information about green procurement by the Town during the preceding year.

§ 7B-5 Exceptions.

Compliance with the provisions of this chapter shall not be required:
A. 
Where such compliance would result in a conflict with state or federal requirements; or
B. 
In the case of a procurement relating to an emergency arising out of an accident or other unforeseen circumstances affecting public buildings, public property or the life, health, safety or property of the Town of Brookhaven.

§ 7B-6 Severability.

If any clause, sentence, paragraph, subdivision, section or part of this chapter or the application thereof to any person, individual, corporation, firm, partnership, entity or circumstance shall be adjudged by any court of competent jurisdiction to be invalid or unconstitutional, such order or judgment shall not affect, impair, effect or invalidate the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part of this chapter or in its application to the person, individual, corporation, firm, partnership, entity or circumstance directly involved in the controversy in which such order or judgment shall be rendered.