[Adopted 3-24-2004 by L.L. No. 5-2004 (Ch. 708, Art. VI,
of the 1985 Code)]
A.
This Legislature hereby finds and determines that the United States
Environmental Protection Agency (EPA) and numerous private entities,
most notably Hackensack University Medical Center, recognizing the
need to use less hazardous cleaning products, decided to promote the
purchase of nonhazardous products, the "Green Seal" or "Greening the
Cleaning" programs.
B.
This Legislature further determines that the County can, through
careful purchasing practices, use products which meet nonhazardous
criteria and reduce overall use of toxic products, thereby lessening
the health hazards to County employees and County residents who occupy
and use County buildings.
C.
This Legislature further finds and determines that the United States
Environmental Protection Agency (EPA) has sponsored extensive research,
including the Janitorial Products Pollution Prevention Project, which
has identified toxic ingredients harmful to the users.
D.
This Legislature further finds that numerous not-for-profit organizations
and other federal agencies have initiated programs to promote safer
working environments through the use of nonhazardous cleaning products,
such as the "Green Seal Program" and the National Park Service's "Green
Janitorial Products and Practices Programs."
E.
This Legislature finds that the potential benefits associated with
the procurement and use of "green clean" products are enormous and
easily achievable.
F.
This Legislature determines that the County of Suffolk should help
lead other municipalities and New Yorkers by example in promoting
the use of nonhazardous cleaning products by exercising its purchasing
power to ensure that "green clean" products and services are acquired.
G.
Therefore, the purpose of this article is to implement the "green
clean" 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 that the products, supplies or services shall
meet a standard designed to replace all traditional toxic cleaning
agents with ones that are virtually toxic free. This means a product
should not contain phosphates, ammonia, chlorine bleach, chlorine
solvents, artificial dyes, artificial additives and preservatives
such as EDTA or NTA, no phenolic compounds or glycol ether, should
contain no hydrochloric acid, perchloroethylene, aerosols, should
not be glycol ether based, may not be any synthetic chemical that
is a suspected or known carcinogen, no ozone-depleting compounds,
should contain no heavy metals, no dibutyl phthalate, no added fragrance
or dye, no formaldehyde, each organic ingredient must be readily biodegradable,
a product may not be toxic to humans in its undiluted form, may not
be corrosive to eyes or skin, may not, as used, be toxic to aquatic
life, must have a pH between 4.0 and 9.0, is not made from petroleum
derivatives and does not contain arsenic, cadmium, chromium, lead,
mercury, nickel, and selenium. Products meeting the Green Seal GS-37
standards shall be deemed to meet "green clean" standards.
A.
The Division of Purchasing in the County Department of Public Works
shall include a specification in a solicitation for the purchase by
any agency of any cleaning products, janitorial supplies, or janitorial
services that requires such seller, supplier, or service provider
to offer for sale to the County of Suffolk only those products, supplies
or services that meet "green clean" standards.
B.
In any solicitation by an agency for the purchase of cleaning products, janitorial supplies or janitorial services 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 requiring products having the least caustic or corrosive elements, fewest hazardous chemicals, unnecessary dyes or fragrances, 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.
C.
In any solicitation by an agency or the Division of Purchasing in the County Department of Public Works for the purchase of "green clean" 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 contain nonhazardous ingredients, and the agency shall seek to obtain the least hazardous products, supplies, and services 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.
