[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.]
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.
The requirements of this chapter shall apply
commencing 45 days after the filing with the Secretary of State.
For purposes of this chapter, the following
definitions shall apply:
The Director of the Office of Purchasing.
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.
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.
The purchase of environmentally preferable products.
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.
Includes any food packaging which contains any polystyrene
foam.
A cost of 15% or more than a comparable product that does
not meet the criteria established by this chapter.
The Town of Brookhaven.
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.
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.
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.
