New York Applicability.
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* § 6-302 Applicability. a. Except where otherwise provided, the
provisions of this chapter shall apply to any product:
(1) purchased or leased by any agency;
(2) purchased or leased by any contractor pursuant to any contract
with any agency where the director has designated such contract as one
subject to this chapter in whole or in part; or
(3) purchased or leased by any contractor pursuant to any contract
with any agency for construction work in any building; provided that
this paragraph shall only require that such contractors meet the
requirements of subdivisions a, b and c of section 6-313 and
subdivisions a and b of section 6-306 of this chapter. Notwithstanding
the foregoing, except when otherwise determined by the director, this
paragraph shall not apply to any such contract:
(i) subject to green building standards pursuant to subdivision b of
section 224.1 of the charter;
(ii) subject to energy efficiency standards pursuant to subdivision c
of section 224.1 of the charter; provided, however, that this exception
shall only apply to the purchase of energy using products and to the
extent the purchase or lease of any such products is necessary for
compliance with such subdivision;
(iii) subject to water efficiency standards pursuant to subdivision d
of section 224.1 of the charter; provided, however, that this exception
shall only apply to the purchase of water using products;
(iv) where construction work is for a portion of a building that is
less than fifteen thousand (15,000) square feet;
(v) where construction work is in any building or portion of a
building leased by the city; provided, however, that this subparagraph
shall not apply to any product purchased or leased by any contractor
pursuant to any contract with any agency for construction work that (1)
is a capital project and (2) is in a building or portion of a building
that is leased for the use of a single agency where such single agency's
lease is for more than fifty thousand (50,000) square feet of space; or
(vi) where the commissioner of the department of citywide
administrative services determines that the requirements of this
paragraph will result in significant difficulty in finding a suitable
site for an agency facility and that such a circumstance could
materially adversely affect the health, safety, or welfare of city
residents.
b. Notwithstanding subparagraph (v) of paragraph 3 of subdivision a of
this section, for any building where any single agency leases less than
fifty thousand (50,000) but more than fifteen thousand (15,000) square
feet of space, the contracting agency shall nonetheless make good faith
efforts to apply subdivisions a, b and c of section 6-306 and
subdivisions a and b of section 6-313 of this chapter to any capital
construction work.
* NB Effective January 1, 2007