NYS Sustainability Policies Supported by GreenNY Specifications

Executive Order 22: Leading by Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program promotes sustainable procurement practices by state agencies. EO 22 directs New York State agencies, authorities, and public benefit corporations to follow GreenNY procurement specifications when purchasing commodities, services and technology. The GreenNY specifications consider a wide range of environmental sustainability factors including avoidance of toxic substances, pollution prevention, reduction of greenhouse gas emissions, water conservation, and more.

Citation: EO 22: Leading by Example: Directing State Agencies to Adopt a Sustainability and Decarbonization Program (September 20, 2022).

See also Other New York State Climate Actions.

Applicable GreenNY Specification Categories: All 

Energy Efficiency Standards for Appliances and Electronic Equipment: The Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022 directs the New York State Energy Research and Development Authority (NYSERDA), in consultation with the NYS Department of State, to adopt efficiency standards for products appliances and equipment that reduce energy and/or water consumption. NYSERDA has published definitions, standard requirements, and test procedures for products and appliances that are not regulated by the U.S. Department of Energy. The first batch of standards were adopted on December 28, 2022 and took effect on June 26, 2023. 

Note: For several product categories such as computers and computer monitors (i.e., displays), New York State has adopted California’s Title 20 Appliance Efficiency Standards. 

Citations: Advanced Building Codes, Appliance and Equipment Efficiency Standards Act of 2022. See also State Energy Law, Article 16, ENG Sections 16-102 –16-109, https://www.nysenate.gov/legislation/laws/ENG/A16. Find current NYSERDA appliance and equipment efficiency standards at https://www.nyserda.ny.gov/All-Programs/New-York-State-Appliance-and-Equipment-Efficiency-Standards/Current-Standards. Compliant products can be found in the State Appliance Standards Database (SASD) and California’s Modernized Appliance Efficiency Database System (MAEDbS).

Greenhouse Gas Reduction Goals: The Climate Leadership and Community Protection Act has set ambitious climate protection goals aimed at limiting “statewide greenhouse gas emissions to 60% of 1990 levels by 2030 and 15% of 1990 levels by 2050.”

Citation: Climate Leadership and Community Protection Act (July 18, 2019). For more information, go to: https://climate.ny.gov/. See also https://dec.ny.gov/environmental-protection/climate-change/new-york-response#Protection.

Applicable GreenNY Specification Categories:  Appliances, concrete, electronics, fuel, lighting equipment, refrigerants, vehicles, etc.

Regulations on Hydrofluorocarbons: New York State’s Refrigerant Regulation has established a goal of reducing hydrofluorocarbons (HFCs) 40% by 2030, and 85% by 2050. It also prohibits the sale and use of certain hydrofluorocarbons in aerosol propellants, refrigerators and freezers, air conditioners, vending machines, and foam (e.g., polystyrene extruded sheet, polyurethane foam, etc.) with limited exceptions. 

Citation: New York State’s Refrigerant Regulation, Part 494, pursuant to the Climate Leadership and Community Protection Act, 6 CRR-NY 494.

Applicable GreenNY Specification Categories: Appliances, building materials, cleaning chemicals (in aerosol propellants), electronics cleaners (air dusters), insulation, packaging, refrigerants

Contracts Involving Low Embodied Carbon Concrete: This law, which is intended to increase the use and innovation of low-carbon concrete in state procurement projects, required the development of guidelines for the procurement of low embodied carbon concrete on projects deemed appropriate by NYS OGS. The NYS Buy Green Concrete Guidelines include minimum standards for contractors and subcontractors to follow and outline a process for them to report to the contracting agency upon completion of a project. 

Citation: Contracts Involving Low Embodied Carbon Concrete: State Finance Law, Article 9, Chapter 56, Section 136-d2. This law resulted in the NYS Buy Clean Concrete Guidelines.

Applicable GreenNY Specification Categories: Concrete

Pollution Prevention Policy: This law states, “it is declared to be the policy of the state of New York to promote affordable and cost effective methods to reduce energy and resource consumption or reduce or eliminate the use of hazardous substances and the generation of such substances, pollution or waste at the source in order to conserve, improve and protect New York’s environment and natural resources; enhance the health, safety and welfare of its citizens; and increase the economic competitiveness of New York businesses.” 

Citation: Pollution Prevention: Declaration of Policy, Environmental Conservation Law, Article 28: Section 21, ECL 28-2101.

Applicable GreenNY Specification Categories: Building materials, cleaners, disinfectants, electronics, floor maintenance chemicals, furniture, gloves, lighting equipment, packaging, paints, personal care products, pest management, etc.

Prohibition on the Distribution, Sale and Use of Household Cleansing Products Containing 1,4-Dioxane and Phosphorous: This NY State law prohibits the sale and distribution of household cleaning products containing more than certain amounts of 1,4-dioxane, which is chemical compound that is “reasonably anticipated to be a human carcinogen” or phosphorous, which is a chemical that causes excess algae growth in water supplies and threatens aquatic ecosystems by reduces available oxygen. This law also prohibits the use of products containing these two contaminants by commercial establishments.

• The maximum allowable limit for 1,4-dioxane in household cleansing products is 1 per million (ppm) as of December 31, 2023. 
• The maximum allowable limit for phosphorous in household cleansing products, except for products used in dishwashers, is 0.5% by weight.
• The maximum allowable limit for phosphorous in household cleansing products used in dishwashers, is 8.7% by weight.

“Household cleansing product” means any product, including but not limited to, soaps and detergents, which contain a surfactant as a wetting or dirt emulsifying agent and are used primarily for domestic or commercial cleaning purposes, including but not limited to, the cleansing of fabrics, dishes, food utensils, automobiles, and household and commercial premises. Household cleansing product shall not mean:  

1. foods, drugs, cosmetics, and other types of personal care products as defined in this Subpart;
2. products labeled, advertised, marketed, and distributed for use primarily as pesticides, as defined in article 33 of the Environmental Conservation Law; or 
3. cleansing products used primarily in industrial manufacturing, production and assembling processes. 

Citations: Distribution and Sale of Household Cleansing Products; Possession or use of Household Cleansing Products; Household Cleansing Products Containing Phosphorus by Commercial Establishments Restricted, Environmental Conservation Law (ECL), Article 35, Sections 35-0101 - 35-0109. Prohibitions are listed in ECL § 35-0105, https://www.nysenate.gov/legislation/laws/ENV/35-0105. See also:

• NYS DEC webpage on 1,4-Dioxane Limits for Household Cleansing, Personal Care, and Cosmetic Products, https://dec.ny.gov/environmental-protection/help-for-businesses/household-personal-cosmetic-dioxane-limits
• NYS Code of Rules and Regulations, Household Cleansing Products: Sections 659.1-659.6

Applicable GreenNY Specifications: Cleaning chemicals (various), cleaning wipes, dishwashing and laundry detergents 

Prohibition on the Sale and Use of Personal Care Products Containing 1,4-Dioxane: This law prohibits the sale and distribution in New York State of personal care products containing 1,4-dioxane, which is chemical compound that is “reasonably anticipated to be a human carcinogen”, above 1 per million (ppm) as of December 31, 2023.

"Personal care product" means any product intended for cleaning or cleansing any part of the body, such as the skin and hair, and including, but not limited to, hair shampoo, hair conditioner, soap, bath gels, and other bath products. The term ‘personal care product’ shall not include any product for which a prescription is required for distribution or dispensation as provided in section 281 of the Public Health Law or section 6810 of the Education Law.

Citation: Prohibition on the Sale and Use of Personal Care Products Containing 1,4-Dioxane or Mercury: Environmental Conservation Law (ECL), Article 37, Section 37-0117,  
https://www.nysenate.gov/legislation/laws/ENV/37-0117.

Note: The mercury restriction in this law applies only to cosmetics rather than other types of personal care products such as hand cleaners. There are no GreenNY specifications for cosmetics.

Applies to: Hand cleaners

Organohalogen Flame Retardant Restrictions in Electronic Displays: Effective December 1, 2024, this law prohibits the sale or offering for sale in New York State of any electronic displays containing organohalogen flame retardant chemicals in the enclosure or stand that are intentionally added.

“Electronic display” means a consumer product with a display screen and associated electronics that, as its primary function, displays visual information from wired or wireless sources and is available for purchase by individuals or households for personal use in a residential space.”

“Halogenated chemical” is any chemical that contains one or more halogen elements, including fluorine, chlorine, bromine, or iodine.”

Citations: “Regulation of Chemicals in Upholstered Furniture, Mattresses, and Electronic Enclosures: Electronic Display,” Environmental Conservation Law (ECL), Article 37, Title 10, Section 37-1007, https://www.nysenate.gov/legislation/laws/ENV/37-1007.

See also NYS Department of Environmental Conservation webpage on “Flame Retardant Chemicals in Upholstered Furniture, Mattresses, and Electronic Enclosures,” https://dec.ny.gov/environmental-protection/help-for-businesses/flame-retardant-chemicals.

Applies to: Displays/monitors

Procurement and Use of Environmentally Sensitive Cleaning and Maintenance Products: This law directs the OGS Commissioner (in conjunction with the DEC, Health, and Labor commissioners) to establish and disseminate to all elementary and secondary schools guidelines, specifications, and sample list of environmentally sensitive cleaning and maintenance products for use in their facilities. 

Citation: Procurement and Use of Environmentally Sensitive Cleaning and Maintenance Products, Education Law, Title 1, Article 9, Section 409-I.

Applicable GreenNY Specification Categories: Cleaning chemicals and floor maintenance chemicals

Hazardous Packaging Act: This law establishes maximum concentrations allowable for lead, cadmium, mercury or hexavalent chromium that can be present in any packaging or packaging component sold in New York State: 100 parts per million (ppm) by weight total. The Law also sets forth definitions, exemptions, and violation provisions.

Citation: Hazardous Packaging: Prohibitions, Environmental Conservation Law (ECL), Article 37, Title 2, ECL 37-0201 - 37-0215. See also NYS Hazardous Packaging Act.

Applicable GreenNY Specification Categories: Packaging

Polystyrene Loose Fill Packaging Ban: This section of the Hazardous Packaging Act, which took effect on January 1, 2022, prohibits manufacturers and stores from selling, offering for sale, or distributingexpanded polystyrene foam loose fill packaging in New York State.

Citation: Expanded Polystyrene Foam Container and Polystyrene Loose Fill Packaging Ban, New York State Environmental Conservation Law, Article 27, Title 30, Sub-part b, ECL 27-3003, (ECL-27-3003(b)). See also Expanded Polystyrene Foam Container and Loose Fill Packaging Reduction Regulation: 6 NYCRR Part 353.

Applicable GreenNY Specification Categories: Packaging 

Electronic Waste Takeback and Recycling: The NYS Electronic Equipment Recycling and Reuse Act requires manufacturers to provide free and convenient recycling of electronic waste to most consumers in the state, including governmental entities, schools, and not-for-profit corporations with less than 75 full-time employees located in NY state. 

Citations: The NYS Electronic Equipment Recycling and Reuse Act, Environmental Conservation Law (ECL) Article 27, Title 26, ECL Sections 27-2601-2621, https://www.nysenate.gov/legislation/laws/ENV/A27T26. See also NYS DEC webpage on Electronic Waste Recycling, which can be accessed at https://dec.ny.gov/environmental-protection/recycling-composting/electronic-waste-recycling.

Applies to: Computers, displays/monitors, imaging equipment, and small-scale servers.

For a full list of covered products, go to https://dec.ny.gov/environmental-protection/recycling-composting/electronic-waste-recycling/covered-electronic-equipment-manufacturer-requirements/covered-electronic-equipment.