[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:
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.
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.
