[Adopted 5-13-2003 by L.L. No. 16-2003 (Ch. 708, Art. V, of the 1985 Code)]
A. 
This Legislature hereby finds and determines that the United States Environmental Protection Agency (EPA) and the United States Department of Energy (DOE), recognizing the need for energy efficiency, decided in 1992 to promote the purchase of energy-efficient products through an innovative labeling program, known as the "ENERGY STAR® Labeling Program."
B. 
This Legislature further determines that the County can, through careful purchasing practices, use products which meet energy-efficient criteria and reduce overall energy use, thereby lessening the amount of fossil fuel being burned by power plants, cutting the amount of greenhouse gases and other pollutants emitted into the atmosphere, and reducing County expenses.
C. 
This Legislature further finds that Energy-Star-labeled office equipment has all of the performance features of standard office equipment but can help to eliminate energy waste through special power management features that save energy by automatically entering a low-power mode using approximately 1/2 as much electricity as conventional office equipment.
D. 
This Legislature also finds and determines that, through the ENERGY STAR Labeling Program, manufacturers and retailers sign voluntary agreements allowing them to place ENERGY STAR labels on products that meet or exceed energy-efficiency guidelines set by the EPA and the DOE; that manufacturers and retailers may also use the label in product packaging, promotions and advertising for qualified products; and that most Energy-Star-labeled products have the same or better performance features, reliability, and price as conventional models do.
E. 
This Legislature finds that the potential benefits associated with the procurement and use of ENERGY STAR products are enormous and easily achievable.
F. 
This Legislature finds that, on June 10, 2001, Governor Pataki issued an executive order requiring that "State agencies and other affected entities shall select ENERGY STAR energy-efficient products when acquiring new energy-using products or replacing existing equipment." (Executive Order No. 111, Section III, June 10, 2001.)
G. 
This Legislature determines that the County of Suffolk should join New York State and help lead other municipalities and New Yorkers by example in promoting the use of energy-efficient products by exercising its purchasing power to ensure that ENERGY STAR and other energy-efficient products are acquired.
H. 
Therefore, the purpose of this article is to implement the ENERGY STAR Labeling Program in Suffolk County.
As used in this article, the following terms shall have the meanings indicated:
AGENCY
Any department, division, bureau, board or commission, or agency of Suffolk County government, the expenses of which are paid in whole or in part from Suffolk County funds.
ENERGY STAR LABEL
A designation indicating that a product meets the energy-efficiency standards set forth by the United States Environmental Protection Agency for compliance with its ENERGY STAR Program.
A. 
The Division of Purchasing in the County Department of Public Works shall include a specification in a solicitation for the purchase or lease by any agency of any energy-using products that such products be ENERGY STAR labeled, provided that there are at least six manufacturers which produce products with the ENERGY STAR label, and further provided that there are at least six responsible vendors offering such ENERGY STAR labeled products. Nothing herein shall preclude the Division of Purchasing in the County Department of Public Works from including a specification in a solicitation for any energy-using products requiring that such products be ENERGY STAR labeled if there are either fewer than six manufacturers that produce such products with the ENERGY STAR label or fewer than six responsible vendors offering such ENERGY STAR labeled products.
B. 
In any solicitation by an agency for the purchase or lease of energy-using products which are not available in a form that meets the specifications and criteria in Subsection A of this section, the Purchasing Division in the County Department of Public Works shall include a specification that such products be in the upper 25% of energy efficiency as designated by the United States Federal Energy Management Program, provided that there are at least six manufacturers that produce such product in accordance with such specification, and further provided that there are at least six responsible vendors offering such products. Nothing herein shall preclude the Division of Purchasing in the County Department of Public Works from including a specification in a solicitation for energy-using products requiring that such products be in the upper 25% of energy efficiency as designated by the United States Federal Energy Management Program if there are either fewer than six manufacturers that produce such products in accordance with such specification or fewer than six responsible vendors offering such products.
C. 
In any solicitation by an agency or the Division of Purchasing in the County Department of Public Works for the purchase or lease of energy-using products which are not available in a form that meets the specifications and criteria of Subsection A or B of this section, the agency shall include a specification that the product be energy efficient, and the agency shall seek to obtain the highest energy-efficiency rating at the best price.
A. 
This article shall not apply to procurements where federal or state funding precludes the County of Suffolk from imposing the requirements of this article.
B. 
On or before September 1, 2004, and annually thereafter, the Division of Purchasing in the County Department of Public Works shall submit a report to the County of Suffolk and the Comptroller detailing the County's progress in meeting the goals and requirements of this article.
The Division of Purchasing in the County Department of Public Works, pursuant to § C8-4 of the Suffolk County Charter, shall promulgate such rules and regulations as it deems necessary and appropriate for the implementation and enforcement of any provisions of this article.