New York’s Green Scheme: The Do’s and Don’ts for Green Procurement

New York State’s (the State or New York) Green Procurement program, known as GreenNY, demonstrates a conscious effort by the State to lead-by-example on reducing environmental and health risks and maximizing the use of recycled materials and renewable resources. Under the program, purchases by State agencies must meet approved green procurement specifications, such as having recycled content or not being labeled with a California Prop 65 Warning. New York recently published a statewide notice of tentatively approved procurement specifications for nine products and services.

New York’s new draft specifications address nine categories: binders; cardboard file boxes and storage drawers; floor maintenance pads; organic waste services; recycling services; brooms and brushes; mops; cloths and wiping rags; and sponges and scrubbers. The specifications in these categories have common themes and illustrate the State’s current concerns and priorities. To be eligible for green procurement, the State outlines what can and cannot be characteristics of these commodities:

Additionally, New York requires various products and services to be certified by groups such as the Biodegradable Products Institute (BPI) or the Compost Manufacturing Alliance (CMA). The State also encourages products to be plastic-free, single material, dye-free, and made in the USA by a Certified B Corp — a business verified by the non-profit B Lab as meeting high standards of social and environmental performance, transparency, and accountability.

The green procurement specifications are a multi-agency effort and approval involves Commissioners of the New York State Office of General Services (NYS OGS), and the New York State Department of Environmental Conservation (NYS DEC), the Presidents of the New York State Energy Research and Development Authority (NYSERDA), the New York Power Authority (NYPA), and the Director of the New York State Division of the Budget (NYS DOB), or their designees.

As New York State’s policies have ripple effects across the country, these decisions can have marketplace effects. If you manufacture, distribute, or use these products and have concerns, the State is accepting public comment on these specifications until August 11, 2025.

For questions or additional information, please reach out to the authors of this Blog or your Arnold & Porter contact.

© Arnold & Porter Kaye Scholer LLP 2025 All Rights Reserved. This Blog post is intended to be a general summary of the law and does not constitute legal advice. You should consult with counsel to determine applicable legal requirements in a specific fact situation.