US Laws, Codes, Statutes & Cases

 
    §  6-127.  Procurement  of energy-using products. * a. For purposes of
  this section only, the following terms shall have the following meaning:
    (1)  "Agency"  means  a   city,   county,   borough,   administration,
  department,  division,  bureau,  board  or commission, or a corporation,
  institution or agency of government, the expenses of which are  paid  in
  whole or in part from the city treasury.
    (2)  "ENERGY STAR label" means 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.
    * Repealed January 1, 2007
    * b. In any solicitation by an agency for the  purchase  or  lease  of
  energy-using  products,  the  agency  shall include a specification that
  such products be ENERGY STAR labeled, provided that there are  at  least
  six manufacturers that produce such products with the ENERGY STAR label.
  Nothing  herein  shall preclude an agency from including a specification
  in a solicitation for energy-using products requiring that such products
  be ENERGY STAR labeled if there are fewer than  six  manufacturers  that
  produce such products with the ENERGY STAR label.
    * Effective until January 1, 2007
    * c.  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 of subdivision b of this section, the agency
  shall include a specification that the product be energy efficient.
    * Repealed January 1, 2007
    * d. This section shall not apply to procurements:
    (1)  where  federal  or state funding precludes the city from imposing
  the requirements of this section;
    (2) that are emergency procurements pursuant to section three  hundred
  fifteen of the charter; or
    (3)  where  the  contracting  agency  finds  that  the  inclusion of a
  specification otherwise required by this section would not be consistent
  with such agency's ability to obtain the highest quality product at  the
  lowest  possible  price through a competitive procurement, provided that
  such finding by the contracting agency shall, to the extent practicable,
  be based upon analysis of life-cycle cost-effectiveness.
    * Repealed January 1, 2007
    * e. The mayor shall designate an agency  or  office  to  develop  and
  implement a plan for fulfilling the requirements of this section.
    * Repealed January 1, 2007
    * f.  On  or  before  May 1, 2004, the agency or office that the mayor
  designates pursuant to subdivision e of  this  section  shall  submit  a
  report  to  the  city  council  and the comptroller detailing the city's
  progress in meeting the goals and requirements of this local  law.  Such
  report  shall  not  be  required  to detail or summarize small purchases
  pursuant to section three hundred fourteen of the charter.
    * Repealed January 1, 2007