Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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Mar 25, 2022 |
print number 6872a |
Mar 25, 2022 |
amend and recommit to governmental operations |
Jan 05, 2022 |
referred to governmental operations |
Apr 13, 2021 |
referred to governmental operations |
Assembly Bill A6872A
2021-2022 Legislative Session
Enacts the New York deforestation-free procurement act
download bill text pdfSponsored By
ZEBROWSKI
Archive: Last Bill Status - In Assembly Committee
- Introduced
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- In Committee Assembly
- In Committee Senate
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- On Floor Calendar Assembly
- On Floor Calendar Senate
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- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Bill Amendments
co-Sponsors
Jo Anne Simon
Judy Griffin
Linda Rosenthal
Phil Steck
Fred Thiele
Richard Gottfried
Deborah Glick
2021-A6872 - Details
2021-A6872 - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6872 2021-2022 Regular Sessions I N A S S E M B L Y April 13, 2021 ___________ Introduced by M. of A. ZEBROWSKI -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to enacting the New York deforestation-free procurement act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "New York deforestation-free procurement act". § 2. Legislative Findings. The Legislature finds and declares the following: 1. Tropical forests cover roughly 7 percent of Earth's surface, but harbor close to 50 percent of all species on Earth. 2. Boreal forests represent about thirty percent of the global forest area, help regulate the climate through the exchange of energy and water, and are a large reservoir of biogenic carbon, storing twice as much per acre as tropical forests. Canada's boreal forest alone stores nearly twice as much carbon in its vegetation and soil as the entire world's combined oil reserves. 3. Human activity is the driving force behind the current rate of species extinction, which is at least 100 to 1,000 times higher than historical levels. The World Wildlife Fund's 2016 Living Planet Report found global populations of fish, birds, mammals, amphibians, and reptiles declined by 58 percent between 1970 and 2012. 4. Globally, an estimated 18,000,000 acres of forest, an area more than half the size of New York State, are lost every year to deforesta- tion according to the Food and Agriculture Organization of the United Nations, with over one-half of Earth's tropical forests already gone. At the current pace, the entirety of Earth's tropical rainforests will be degraded or destroyed within the next 100 years. 5. An estimated 20 percent of the world's greenhouse gas emissions come from deforestation and forest degradation. Taking into account EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted.
LBD03158-05-1 A. 6872 2 carbon sequestration potential, stopping the loss of tropical forests, mangroves, and wetlands could provide over 20 percent of climate miti- gation by 2030. 6. Loss of biodiversity resulting from forest degradation and defores- tation, as well as human encroachment on formerly undisturbed ecosys- tems, increases the risks of zoonotic disease pandemics such as COVID- 19. 7. New York State is a leader in addressing the climate crisis, with a statutory goal of achieving net-zero greenhouse gas emissions economy- wide by 2050. 8. Tropical deforestation in many countries is closely associated with violations of the land rights of indigenous peoples and local communi- ties and with the exploitation of workers, including forced labor and child labor, and in many cases is enabled by corruption, criminality, and violence against land defenders. 9. Tropical deforestation in many countries is also closely associated with illegal wildlife trafficking, including, but not limited to, vari- ous bird and reptile species, many primate species, including great apes, pangolins, and orangutans, and in many cases is enabled by corruption, criminality, and violence against conservationists. 10. The primary factor leading to tropical deforestation is degrada- tion and road-building associated with logging for timber, while the largest direct cause of tropical deforestation is industrial-scale production of agricultural commodities. Together, these are increasingly known as "forest-risk commodities". 11. Industrial logging to make single-use tissue products, newsprint, and lumber is a large driver of boreal forest degradation and deforesta- tion. 12. New York is inadvertently promoting and sanctioning intact forest degradation and deforestation through the purchase of goods and products that have been produced in supply chains that contribute to intact forest degradation and deforestation. 13. New York has one of the largest economies in the world and its purchasing power has significant market force. 14. It is the intent of the legislature that it be the policy of this state to ensure companies contracting with the state are not contribut- ing to tropical or boreal intact forest degradation or deforestation directly or through their supply chains. § 3. Paragraphs b, c, d and e of subdivision 1 and paragraph b of subdivision 2 of section 165 of the state finance law, as added by chap- ter 83 of the laws of 1995, are amended to read as follows: b. "Tropical hardwood" shall mean any and all hardwood, scientifically classified as angiosperm, that grows in any tropical [moist] forest. Tropical hardwoods shall [be] INCLUDE BUT NOT BE LIMITED TO the follow- ing species: Scientific Name EXAMPLES OF Common [Name] NAMES PRUNUS AFRICANA AFRICAN CHERRY, RED STINKWOOD CARYOCAR COSTARICENSE AJO, AJI CALOPHYLLUM SPP. BINTANGOR CEDRELA SPP. CEDAR NEOBALANOCARPUS HEIMII, CHENGAL BALANOCARPUS HEIMII OCTOMELES SUMATRANA MIQ. ERIMA, BENUANG MYROXYLON BALSAMUM ESTORAQUE APULEIA LEIOCARPA GARAPA A. 6872 3 PARASTEMON UROPHYLLUS,PARASTEMON MALAS SPICATUS RIDLEY HOPEA SPP. MERAWAN ARAUCARIA ARAUCANA MONKEY PUZZLE, CHILEAN PINE PTEROCARPUS TINCTORIUS MUKULA SENNA SIAMEA SIAMESE SENNA POMETIA PINATA TAUN MILLETIA LEUCANTHA KURZ THINWIN BULNESIA ARBOREA, BULNESIA VERAWOOD, ARGENTINE LIGNUM SARMIENTOI VITAE TRISTANIOPSIS LAURINA WATER GUM TERMINALIA SPP. HOMALIUM FOETIDUM MALAS DILLENIA PAPUANA DILLENIA CANARIUM SPP. RED CANARIUM, GREY CANARIUM BURKRELLA MACROPODA RANG RANG OCTOMELES SUMATRANA ERIMA, BENUANG DRACONTOMELON DAO NEW GUINEA WALNUT PLANCHONELLA SPP. WHITE PLANCHONELLA, RED PLANCHONELLA LOPHOPETALUM SPP. PERUPOK CARINIAN PYRIFORMIS ABARCO, JEQUITIBA MITRAGYNA CILIATE ABURA Vouacapous americana Acapu AMBURANA CAERENSIS AMBURANA, CEREJEIRA DALBERGIA MELANOXYLON AFRICAN BLACKWOOD LOVOA SPP. AFRICAN WALNUT, TIGERWOOD Pericopsis elata [Afrormosis] AFRORMOSIA [Shorea almon] [Almon] ASPIDOSPERMA MEGALOCARPON ACARETTO Peltogyne spp. Amaranth, PURPLEHEART TERMINALIA AMAZONIA AMARILLO REAL Guibourtia ehie Amazaque AMBURANA CEARENSIS AMBURANA, CEREJEIRA, CUMARE PTEROGYNE NITENS AMENDOIM CARAPA GUIANENSIS ANDIROBA, FALSE MAHOGANY DICORYNIA GUIANENSIS ANGILIQUE CRIS [Aningeris] ANINGERIA spp. Aningeria, ANEGRE, ANIGRE Dipterocarpus [grandiflorus] [Apilong] APITONG, KERUING SPP. CENTROLOBIUM SPP. ARARIBA, AMARILLO BROSIMUM UTILE BACO SHOREA SPP. BALAU, SELANGAN BATU Ochroma lagopus Balsa OCHROMA PYRAMIDALE BALSA MYROXYLON BALSAMUM BALSAMO [Virola spp.] [Banak] Anisoptera thurifera Bella [Rose] ROSA GUIBOURTIA arnoldiana Benge, MUTENYE BERLINIA SPP. BERLINIA, ROSE ZEBRANO SYMPHONIA GLOBULIFERA BOAR WOOD Deterium [Senegalese] SENEGALESE Boire CAESALPINIA ECHINTATA, BRAZILWOOD, PERNAMBUCO PAUBRASILIA ESCHINATA BERTHOLLETIA EXCELS BRAZIL TREE A. 6872 4 BROSIMUM ALICASTRUM BREADNUT GUILBOURTIA SPP. BUBINGA, AFRICAN (G. DEMUSEI, G. PELLEGRINIANA, ROSEWOOD, KEVAZINGO G. TESSMANNII) TOONA CALANTAS, CEDRELA CALANTAS CALANTAS, KALANTAS Priora copaifera Cativo CEDRELA ODORATA, CEDRELA FISSILIS CEDRO, CEDAR, SPANISH CEDAR, SOUTH AMERICAN CEDAR CEIBA PENTANDRA CEIBA Antiaris africana Chenchen, ANTIARIS COURATARI GUIANENSIS COCO BLANCO [Dalbergis] DALBERGIA retusa [Concobola] COCOBOLO, GRANADILLO TABEBUIA DONNELL-SMITHII COPAL DANIELLIA SPP. COPAL, DANIELLIA Cordia spp. Cordia, BOCOTE, ZIRICOTE, LOURO HYMENAEA COURBARIL COURBARIL, WEST INDIAN LOCUST DIPTERYX ODORATA CUMARU PIPTADENIASTRUM AFRICANUM DAHOMA, BANZU CALYCOPHYLLUM CANDIDISSIMUM DEGAME, LEGAME LANCEWOOD, LEMONWOOD AFZELIA SPP. DOUSSIE, LINGUE [Diospyros] DIOSPYRUS spp. Ebony, MACASSARE, EBONY, CEYLON EBONY LOPHIRA ALATA EKKI, AZOBE, BANGASSI, AKOURA, RED IRONWOOD COMBRETODENDRON MACROCARPUM ESIA, ESSIA CORDIA GOELDIANA FREIJO, CORDIA WOOD CHLOROPHORA TINCTORIA FUSTIC, YELLOW WOOD, TATAJUBA [Aucoumes] AUCOUMEA klaineana Gaboon, OKOUME ASTRONIUM SPP. GONCALO ALVES, ZEBRAWOOD, TIGERWOOD OCOTEA RODIAEI GREENHEART ENTEROLOBIUM CYCLOCARPUM GUANACASTE, RAIN TREE, ELEPHANT EAR GUAREA SPP. GUAREA, BOSSE TERMINALIA IVORENSIS IDIGBO, FRAMIRE, BLACK AFARA PHOEBE POROSA IMBUIA, IMBUYA, EMBUIA, BRAZILIAN WALNUT HANDROANTHUS SPP. IPE, BRAZILIAN WALNUT, BETHABARRA, PAU D'ARCO, IRONWOOD, LAPACHO Chlorophors excelsa Iroko HYMENAEA COURBARIL JATOBA, "BRAZILIAN CHERRY" JACARANDA COPAIA JACARANDA MACHAERIUM VILLOSUM JACARANDA PARDO DYERA COSTULATA JELUTONG DRYOBALANOPS SPP. KAPUR, KELADAN KOOMPASSIA MALACCENSIS KEMPAS, IMPAS Acacia koa Koa ENTANDROPHRAGMA CANDOLLEI KOSIPO, OMU Pterygota macrocarpa Koto, AFRICAN PTERYGOTA, WARE OXANDRA LANCEOLATE LANCEWOOD Shorea SPP. [negrosensis] [Red] Lauan, LUAN, A. 6872 5 LAWAAN, MERANTI, WHITE MERANTI, YELLOW MERANTI, DARK RED MERANTI, LIGHT RED MERANTI, SERAYA, TANGUILE, BANG, PHILIPPINE MAHOGANY [Pentacme contorta] [White Lauan] [Shores ploysprma] [Tanguile] NOTHOFAGUS PUMILIO LENGA GUAIACUM OFFICINALE LIGNUM VITAE, GUAYACAN, IRONWOOD Terminalia superba Limba, AFARA, OFRAM [Aniba duckei] ANIBA ROSEDORA [Louro] BRAZILIAN ROSEWOOD, PAU ROSA, BOIS DE ROSE NECTANDRA SPP. LOURO PRETO [Kyaya ivorensis] KHAYA SPP. [Africa] AFRICAN Mahogany [Swletenia macrophylla] [Amer. Mahogany] SWIETENIA SPP. AMERICAN MAHOGANY, WEST INDIAN MAHOGANY, CENTRAL AMERICAN MAHOGANY, HONDURAN MAHOGANY, SOUTH AMERICAN MAHOGANY, MEXICAN MAHOGANY, BIGLEAF MAHOGANY, LITTLE LEAF MAHOGANY, ACAJOU, CAOBA MOGNO Tieghemella [leckellii] HECKELII [Makora] MAKORE, BAKU DIOSPYROS MARMORATA MARBLEWOOD, ZEBRAWOOD INTSIA BIJUGA, INTSIA PALEMBANICA MERBAU, IPIL, KWILA ANISOPTERA SPP. MERSAWA, KRABAK, PALOSAPIS MORA EXCELSA MORA Distemonanthus benthamianus Movingui, AYAN TERMINALIA AMAZONIA NARGUSTA PTEROCARPUS SPP. NARRA, AMBYNA, PAPUA NEW GUINEA ROSEWOOD, RED SANDERS, MUKULA, KOSSO, ZITAN, HONGMU PALAQUIUM SPP. NYATOH, PADANG, PENCIL CEDAR TRIPLOCHITON SCLEROXYLON OBECHE, SAMBA NAUCLEA DIDERRICHII OPEPE, SIBO Pterocarpus [soyauxii] SPP. [African] Padauk, VERMILLION WOOD [Pterocarpus angolensis] [Angola Padauk] MILLETTIA STUHLMANNII PANGA PANGA BALFOURODENDRON RIEDELIANUM PAU MARFIM Aspidosperma spp. Peroba, ROSA PARATECOMA PEROBA PEROBA BRANCA DALBERGIA FRUTESCENS, D. TOMENTOSA PINKWOOD, BRAZILIA TULIPWOOD TABEBUIA DONNELL-SMITHII PRIMA VERA, ROBLE, DURANGO Peltogyne spp. Purpleheart Gonystylus spp. Ramin MELANORRHOEA CURTISII RENGAS, BORNEO ROSEWOOD NOTHOFAGUS OBLIQUA ROBLE HEVEA BRASILIENSIS RUBBERWOOD Dalbergia spp. Rosewood, INDIAN ROSEWOOD, A. 6872 6 HONDURAS ROSEWOOD, COCOBOLO, GRANADILLO ANIBA DUCKEI BRAZILIAN ROSEWOOD ENTANDROPHRAGMA cylindricum [Sapela] SAPELE, SAPELLI ACANTHOPANAX RICINOFOLIUS SEN, CASTOR ARABIA BROSIMUM AUBLETTI, PIRATINERA SNAKEWOOD, LETTERWOOD, LEOPARD GUIANENSIS WOOD [Shores phillippinensis] [Sonora] JUGLANS SPP. (JUGLANS SOUTH AMERICAN WALNUT, PERUVIAN AUSTRALIS, J. NEOTROPICA, WALNUT J. OLANCHANA, ETC.) STERCULIA RHINOPETALA STERCULIA BAGASSA GUIANENSIS TATAJUBA, BAGASSE Tectona grandis Teak Lovoa trichilloides Tigerwood ENTANDROPHRAGMA UTILE UTILE, SIPO VIROLA SPP. VIROLA, CUMALA, BANAK, TAPSAVA Milletia laurentii Wenge PENTACME CONTORTA WHITE LAUAN Microberlinia [brazzavillensis] Zebrawood, SPP. ZEBRANO, ZINGANA c. "Tropical [rain] forests" shall mean [any and all forests classi- fied by the scientific term "Tropical moist forests", the classification determined by the equatorial region of the forest and average rainfall] A NATURAL ECOSYSTEM WITHIN THE TROPICAL REGIONS, APPROXIMATELY BOUNDED GEOGRAPHICALLY BY THE TROPICS OF CANCER AND CAPRICORN, BUT POSSIBLY AFFECTED BY OTHER FACTORS SUCH AS PREVAILING WINDS, CONTAINING NATIVE SPECIES COMPOSITION, STRUCTURE, AND ECOLOGICAL FUNCTION, WITH A TREE CANOPY COVER OF MORE THAN TEN PERCENT OVER AN AREA OF AT LEAST 0.5 HECTARES. "TROPICAL FORESTS" SHALL INCLUDE ALL OF THE FOLLOWING: (I) HUMAN-MANAGED TROPICAL FORESTS OR PARTIALLY DEGRADED TROPICAL FORESTS THAT ARE REGENERATING; AND (II) FORESTS IDENTIFIED BY MULTI-OBJECTIVE CONSERVATION BASED ASSESSMENT METHODOLOGIES, SUCH AS HIGH CONSERVATION VALUE (HCV) AREAS, AS DEFINED BY THE HCV RESOURCE NETWORK, OR HIGH CARBON STOCK FORESTS, AS DEFINED BY THE HIGH CARBON STOCK APPROACH, OR BY ANOTHER METHODOLOGY WITH EQUIVALENT OR HIGHER STANDARDS THAT INCLUDES PRIMARY FORESTS AND PEATLANDS OF ANY DEPTH. "TROPICAL FORESTS" SHALL NOT INCLUDE TREE PLANTATIONS OF ANY TYPE. d. "Tropical wood products" shall mean any wood products, wholesale or retail, in any form, including but not limited to PLYWOOD, veneer, furniture, cabinets, paneling, SIDING, moldings, DOORS, doorskins, join- ery, FLOORING or sawnwood, which are composed, IN WHOLE OR IN PART, of tropical hardwood [except plywood]. e. "PEAT" MEANS A SOIL THAT IS RICH IN ORGANIC MATTER COMPOSED OF PARTIALLY DECOMPOSED PLANT MATERIALS EQUAL TO OR GREATER THAN 40 CENTI- METERS OF THE TOP 100 CENTIMETERS OF THE SOIL. F. "PEATLANDS" MEANS WETLANDS WITH A LAYER OF PEAT MADE UP OF DEAD AND DECAYING PLANT MATERIAL. PEATLANDS INCLUDES MOORS, BOGS, MIRES, PEAT SWAMP FORESTS, AND PERMAFROST TUNDRA. G. "Secondary materials" means any material recovered from or other- wise destined for the waste stream, including, but not limited to, post- consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies but such A. 6872 7 term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. b. The provisions of paragraph a of this subdivision shall not apply to: (i) [Any hardwoods purchased from a sustained, managed forest; or (ii)] Any binding contractual obligations for purchase of commodities entered into prior to August twenty-fifth, nineteen hundred ninety-one; or [(iii) The purchase of any tropical hardwood or tropical hardwood product for which there is no acceptable non-tropical hardwood species; or (iv) Where the contracting officer finds that no person or entity doing business in the state is capable of providing acceptable non-trop- ical hardwood species sufficient to meet the particular contract requirements; or (v)] (II) Where the inclusion or application of such provisions will violate or be inconsistent with the terms or conditions of a grant, subvention or contract in an agency of the United States or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or contract[; or (vi) Where inclusion or application of such provisions results in a substantial cost increase to the state, government agency, political subdivision, public corporation or public benefit corporation]. § 4. Section 165 of the state finance law is amended by adding a new subdivision 9 to read as follows: 9. DEFORESTATION-FREE PROCUREMENT. A. FOR PURPOSES OF THIS SUBDIVI- SION, THE FOLLOWING DEFINITIONS SHALL APPLY: (I) "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT HAS A CONTRACT WITH A STATE AGENCY OR STATE AUTHORITY FOR PUBLIC WORKS OR IMPROVEMENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY, FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT THE EXPENSE OF THE AGENCY OR AUTHORITY OR TO BE PAID OUT OF MONIES DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR COLLECTED BY THE AGENCY OR AUTHORITY. (II) "FOREST-RISK COMMODITY" MEANS ANY COMMODITY, EXCLUDING TROPICAL HARDWOOD, WHETHER IN RAW OR PROCESSED FORM, THAT IS COMMONLY EXTRACTED FROM, OR GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED ON LAND WHERE TROPICAL OR BOREAL INTACT FOREST DEGRADATION OR DEFORESTATION OCCURRED. FOREST-RISK COMMODITIES INCLUDE PALM OIL, SOY, BEEF, COFFEE, WOOD PULP, PAPER, LOGS, LUMBER, AND ANY ADDITIONAL COMMODITIES DEFINED BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH F OF THIS SUBDIVISION. (III) "FREE, PRIOR, AND INFORMED CONSENT" MEANS THE PRINCIPLE THAT A COMMUNITY HAS THE RIGHT TO GIVE OR WITHHOLD ITS CONSENT TO PROPOSED DEVELOPMENTS THAT MAY AFFECT THE LAND AND WATERS IT LEGALLY OR CUSTOMAR- ILY OWNS, OCCUPIES, OR OTHERWISE USES, AS DESCRIBED IN THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES, THE INDIGENOUS AND TRIBAL PEOPLES CONVENTION OF 1989, ALSO KNOWN AS THE INTERNATIONAL LABOR ORGANIZATION CONVENTION 169, AND OTHER INTERNATIONAL INSTRUMENTS. "FREE, PRIOR, AND INFORMED CONSENT" MEANS INFORMED, NONCOERCIVE NEGOTI- ATIONS BETWEEN INVESTORS, COMPANIES, OR GOVERNMENTS, AND INDIGENOUS PEOPLES AND LOCAL COMMUNITIES, PRIOR TO PROJECT DEVELOPMENT. (IV) "LARGE CONTRACTOR" MEANS ANY CONTRACTOR WHOSE ANNUAL REVENUE, OR THAT OF THEIR PARENT COMPANY, IS EQUAL TO OR GREATER THAN ONE BILLION DOLLARS. A. 6872 8 (V) "POINT-OF-ORIGIN" MEANS THE GEOGRAPHICAL LOCATION, AS IDENTIFIED BY THE SMALLEST ADMINISTRATIVE UNIT OF LAND, WHERE A COMMODITY WAS GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED. (VI) "TROPICAL OR BOREAL INTACT FOREST DEGRADATION OR DEFORESTATION" MEANS DIRECT HUMAN-INDUCED CONVERSION OF TROPICAL OR BOREAL FOREST TO AGRICULTURE, A TREE PLANTATION, OR OTHER NON-FOREST LAND USE, OR SEVERE AND SUSTAINED DEGRADATION OF A TROPICAL FOREST OR A BOREAL FOREST RESULTING IN SIGNIFICANT INTACT FOREST LOSS AND/OR A PROFOUND CHANGE IN SPECIES COMPOSITION, STRUCTURE, OR ECOLOGICAL FUNCTION OF THAT FOREST. (VII) "BOREAL FOREST" MEANS A FOREST GROWING IN HIGH-LATITUDE ENVIRON- MENTS WHERE FREEZING TEMPERATURES OCCUR FOR SIX TO EIGHT MONTHS AND IN WHICH TREES ARE CAPABLE OF REACHING A MINIMUM HEIGHT OF FIVE METERS AND A CANOPY COVER OF TEN PERCENT. (VIII) "INTACT FOREST" MEANS A FOREST THAT HAS NEVER BEEN INDUSTRIALLY LOGGED AND HAS DEVELOPED FOLLOWING NATURAL DISTURBANCES AND UNDER NATURAL PROCESSES, REGARDLESS OF ITS AGE. INTACT FORESTS INCLUDE FORESTS THAT HAVE EXPERIENCED NON-INDUSTRIAL-SCALE HUMAN IMPACTS, INCLUDING TRADITIONAL OR SUBSISTENCE ACTIVITIES CARRIED OUT BY INDIGENOUS COMMUNI- TIES. B. (I) EVERY CONTRACT ENTERED INTO BY A STATE AGENCY OR AUTHORITY THAT INCLUDES THE PROCUREMENT OF ANY PRODUCT COMPRISED WHOLLY OR IN PART OF A FOREST-RISK COMMODITY SHALL REQUIRE THAT THE CONTRACTOR CERTIFY THAT THE COMMODITY FURNISHED TO THE STATE PURSUANT TO THE CONTRACT WAS NOT EXTRACTED FROM, GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED ON LAND WHERE TROPICAL OR BOREAL INTACT FOREST DEGRADATION OR DEFORESTATION OCCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO. THE CONTRACTOR SHALL AGREE TO COMPLY WITH THIS PROVISION OF THE CONTRACT. (II) THE CONTRACT SHALL SPECIFY THAT THE CONTRACTOR IS REQUIRED TO COOPERATE FULLY IN PROVIDING REASONABLE ACCESS TO THE CONTRACTOR'S RECORDS, DOCUMENTS, AGENTS, EMPLOYEES, OR PREMISES IF REASONABLY REQUIRED BY AUTHORIZED OFFICIALS OF THE CONTRACTING AGENCY OR AUTHORITY, THE OFFICE OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, OR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION TO DETERMINE THE CONTRAC- TOR'S COMPLIANCE WITH THE REQUIREMENTS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. (III) CONTRACTORS SHALL EXERCISE DUE DILIGENCE IN ENSURING THAT THEIR SUBCONTRACTORS COMPLY WITH THE REQUIREMENTS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. CONTRACTORS SHALL REQUIRE EACH SUBCONTRACTOR TO CERTIFY THAT THE SUBCONTRACTOR IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBPAR- AGRAPH (I) OF THIS PARAGRAPH. (IV) IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPHS (I), (II), AND (III) OF THIS PARAGRAPH, LARGE CONTRACTORS SUBJECT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH MUST CERTIFY THAT THEY HAVE ADOPTED A NO DEFORESTA- TION, NO PEAT, NO EXPLOITATION (NDPE) POLICY THAT COMPLIES WITH REGU- LATIONS ISSUED PURSUANT TO SUBPARAGRAPH (VI) OF PARAGRAPH F OF THIS SUBDIVISION. THE ADOPTION OF AN NDPE POLICY BY A CONTRACTOR, SUBCONTRAC- TOR, OR SUPPLIER THAT IS NOT A LARGE CONTRACTOR IS NOT REQUIRED BY THIS SUBPARAGRAPH BUT MAY BE USED TO DEMONSTRATE COMPLIANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH. SUCH NDPE POLICY AND ALL CORRESPONDING DATA SHALL BE MADE PUBLICLY AVAILABLE, AND SHALL CONTAIN AT A MINIMUM ALL OF THE FOLLOWING: A. DUE DILIGENCE MEASURES TO IDENTIFY THE POINT-OF-ORIGIN OF FOREST- RISK COMMODITIES AND ENSURE COMPLIANCE WITH THE POLICY WHERE SUPPLY CHAIN RISKS ARE PRESENT. B. DATA DETAILING THE COMPLETE LIST OF DIRECT AND INDIRECT SUPPLIERS AND SUPPLY CHAIN TRACEABILITY INFORMATION, INCLUDING REFINERIES, PROC- A. 6872 9 ESSING PLANTS, FARMS, AND PLANTATIONS, AND THEIR RESPECTIVE OWNERS, PARENT COMPANIES, AND FARMERS, MAPS, AND GEO-LOCATIONS, FOR EACH FOREST-RISK COMMODITY FOUND IN PRODUCTS THAT MAY BE FURNISHED TO THE STATE. C. MEASURES TAKEN TO ENSURE THE PRODUCT DOES NOT CONTRIBUTE TO TROP- ICAL OR BOREAL INTACT FOREST DEGRADATION OR DEFORESTATION. D. MEASURES TAKEN TO ENSURE THE FREE, PRIOR, AND INFORMED CONSENT OF DIRECTLY AFFECTED INDIGENOUS PEOPLES AND LOCAL COMMUNITIES. E. MEASURES TAKEN TO PROTECT BIODIVERSITY AND PREVENT THE POACHING OF ENDANGERED SPECIES IN ALL OPERATIONS AND ADJACENT AREAS. F. MEASURES TAKEN TO ENSURE COMPLIANCE WITH THE LAWS OF COUNTRIES WHERE FOREST-RISK COMMODITIES IN A COMPANY'S SUPPLY CHAIN WERE PRODUCED. G. MEASURES TO DETER VIOLENCE, THREATS, AND HARASSMENT AGAINST ENVI- RONMENTAL HUMAN RIGHTS DEFENDERS (EHRDS), INCLUDING RESPECTING INTERNA- TIONALLY RECOGNIZED HUMAN RIGHTS STANDARDS, AND EDUCATING EMPLOYEES, CONTRACTORS, AND PARTNERS ON THE RIGHTS OF EHRDS TO EXPRESS THEIR VIEWS, CONDUCT PEACEFUL PROTESTS, AND CRITICIZE PRACTICES WITHOUT INTIMIDATION OR RETALIATION. (V) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY WHEN THE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH THE TERMS OR CONDITIONS OF A GRANT, SUBVENTION OR CONTRACT WITH AN AGENCY OF THE UNITED STATES OR THE INSTRUCTIONS OF AN AUTHORIZED REPRESENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION OR CONTRACT. C. (I) ANY CONTRACTOR CONTRACTING WITH THE STATE WHO KNEW OR SHOULD HAVE KNOWN THAT A PRODUCT COMPRISED WHOLLY OR IN PART OF A FOREST-RISK COMMODITY WAS FURNISHED TO THE STATE IN VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, MAY, SUBJECT TO SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, HAVE EITHER OR BOTH OF THE FOLLOWING SANCTIONS IMPOSED: A. THE CONTRACT UNDER WHICH THE PROHIBITED FOREST-RISK COMMODITY WAS FURNISHED MAY BE VOIDED AT THE OPTION OF THE STATE AGENCY OR AUTHORITY TO WHICH THE COMMODITY WAS FURNISHED. B. THE CONTRACTOR MAY BE ASSESSED A PENALTY THAT SHALL BE THE GREATER OF ONE THOUSAND DOLLARS OR AN AMOUNT EQUALING TWENTY PERCENT OF THE VALUE OF THE PRODUCT THAT THE STATE AGENCY OR AUTHORITY DEMONSTRATES WAS COMPRISED WHOLLY OR IN PART OF A FOREST-RISK COMMODITY AND FURNISHED TO THE STATE IN VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION. A HEARING OR OPPORTUNITY TO BE HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY PENALTY. (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A CONTRACTOR THAT HAS COMPLIED WITH THE PROVISIONS OF SUBPARAGRAPH (III) OF PARAGRAPH B OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO SANCTIONS FOR VIOLATIONS, OF WHICH THE CONTRACTOR HAD NO KNOWLEDGE, OF THE REQUIREMENTS OF PARA- GRAPH B OF THIS SUBDIVISION THAT WERE COMMITTED SOLELY BY A SUBCONTRAC- TOR. SANCTIONS DESCRIBED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INSTEAD BE IMPOSED AGAINST THE SUBCONTRACTOR THAT COMMITTED THE VIOLATION. D. (I) ANY STATE AGENCY OR AUTHORITY THAT INVESTIGATES A COMPLAINT AGAINST A CONTRACTOR OR SUBCONTRACTOR FOR VIOLATION OF THIS SUBDIVISION MAY LIMIT ITS INVESTIGATION TO EVALUATING THE INFORMATION PROVIDED BY THE PERSON OR ENTITY SUBMITTING THE COMPLAINT AND THE INFORMATION PROVIDED BY THE CONTRACTOR OR SUBCONTRACTOR. (II) WHENEVER A CONTRACTING OFFICER OF THE CONTRACTING AGENCY OR AUTHORITY HAS REASON TO BELIEVE THAT THE CONTRACTOR FAILED TO COMPLY WITH PARAGRAPH B OF THIS SUBDIVISION, THE AGENCY OR AUTHORITY SHALL REFER THE MATTER FOR INVESTIGATION TO THE HEAD OF THE AGENCY OR AUTHORI- A. 6872 10 TY AND, AS THE HEAD OF THE AGENCY OR AUTHORITY DETERMINES APPROPRIATE, TO EITHER THE OFFICE OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, OR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. E. THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION OF THIS SUBDIVISION, INCLUDING AN EASILY ACCESSIBLE PROCEDURE TO TAKE PUBLIC COMPLAINTS REGARDING VIOLATIONS AS WELL AS, ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY- THREE, IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF ENVI- RONMENTAL CONSERVATION, ISSUING AN INFORMATIONAL NOTICE OR MEMORANDUM ON A DEFORESTATION-FREE CODE OF CONDUCT TO BE USED BY CONTRACTORS FOR PURPOSES OF COMPLYING WITH PARAGRAPH B OF THIS SUBDIVISION. THE DEFORES- TATION-FREE CODE OF CONDUCT SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING: (I) A LIST OF FOREST-RISK COMMODITIES SUBJECT TO THE REQUIREMENTS OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, PALM OIL, SOY, BEEF, COFFEE, WOOD PULP, PAPER, LOGS, AND LUMBER. THE LIST SHALL BE REVIEWED AND UPDATED EVERY THREE YEARS. WHEN EVALUATING INCLUSION OF ADDITIONAL COMMODITIES IN THE LIST, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL CONSIDER THE IMPACT OF THE COMMODITY AS A DRIVER OF TROP- ICAL OR BOREAL INTACT FOREST DEGRADATION OR DEFORESTATION, THE STATE OF EXISTING SUPPLY CHAIN TRANSPARENCY AND TRACEABILITY SYSTEMS FOR THE COMMODITY, AND THE FEASIBILITY OF INCLUDING THE COMMODITY IN THE REQUIREMENTS OF PARAGRAPH B OF THIS SUBDIVISION. (II) A LIST OF PRODUCTS DERIVED WHOLLY OR IN PART FROM FOREST-RISK COMMODITIES. (III) A LIST OF PRODUCTS FURNISHED TO THE STATE OR USED BY STATE CONTRACTORS IN HIGH-VOLUME PURCHASES THAT CONTAIN OR ARE COMPRISED WHOL- LY OR IN PART OF FOREST-RISK COMMODITIES. (IV) A SET OF RESPONSIBLE SOURCING GUIDELINES AND POLICIES DERIVED FROM BEST PRACTICES IN SUPPLY CHAIN TRANSPARENCY TO THE POINT-OF-ORIGIN. (V) GUIDANCE TO ASSIST CONTRACTORS IN IDENTIFYING FOREST-RISK COMMOD- ITIES IN THEIR SUPPLY CHAIN AND CERTIFYING THAT THE COMMODITY DID NOT CONTRIBUTE TO TROPICAL OR BOREAL INTACT FOREST DEGRADATION OR DEFORESTA- TION. (VI) THE FULL SET OF REQUIREMENTS FOR A CONTRACTOR'S NO DEFORESTATION, NO PEAT, NO EXPLOITATION POLICY PURSUANT TO SUBPARAGRAPH (IV) OF PARA- GRAPH B OF THIS SUBDIVISION. (VII) THE PROCESS THROUGH WHICH CONTRACTORS SHALL CERTIFY TO THE OFFICE OF GENERAL SERVICES THAT THEY ARE IN COMPLIANCE WITH PARAGRAPH B OF THIS SUBDIVISION. F. (I) THE CERTIFICATION REQUIREMENTS SET FORTH IN THIS SUBDIVISION SHALL NOT APPLY TO A CREDIT CARD PURCHASE OF GOODS OF TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS. (II) THE TOTAL AMOUNT OF GOODS EXEMPTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT EXCEED SEVEN THOUSAND FIVE HUNDRED DOLLARS PER YEAR FOR EACH CONTRACTOR FROM WHICH A STATE AGENCY OR AUTHORITY IS PURCHASING GOODS BY CREDIT CARD. IT SHALL BE THE RESPONSIBILITY OF EACH STATE AGENCY TO MONITOR THE USE OF THIS EXEMPTION AND ADHERE TO THESE RESTRICTIONS ON THESE PURCHASES. G. THIS SUBDIVISION SHALL APPLY TO ALL CONTRACTS ENTERED INTO, EXTENDED, OR RENEWED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY- FOUR. H. COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION AND BIENNIALLY THEREAFTER, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT A. 6872 11 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON THE IMPLEMENTATION OF THIS SUBDIVISION AND SUBDIVISIONS ONE AND TWO OF THIS SECTION. § 5. This act shall take effect immediately and shall apply to all contracts and binding contractual obligations entered into on and after such effective date.
co-Sponsors
Jo Anne Simon
Judy Griffin
Linda Rosenthal
Phil Steck
Fred Thiele
Richard Gottfried
Deborah Glick
Amy Paulin
Patricia Fahy
Chris Burdick
Anna Kelles
Harvey Epstein
Jessica Gonzalez-Rojas
Andrew Hevesi
Donna Lupardo
2021-A6872A (ACTIVE) - Details
2021-A6872A (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K ________________________________________________________________________ 6872--A 2021-2022 Regular Sessions I N A S S E M B L Y April 13, 2021 ___________ Introduced by M. of A. ZEBROWSKI, SIMON, GRIFFIN, L. ROSENTHAL, STECK, THIELE, GOTTFRIED, GLICK -- read once and referred to the Committee on Governmental Operations -- recommitted to the Committee on Govern- mental Operations in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to enacting the New York deforestation-free procurement act THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. This act shall be known and may be cited as the "New York deforestation-free procurement act". § 2. Legislative Findings. The Legislature finds and declares the following: 1. Tropical forests cover roughly 7 percent of Earth's surface, but harbor close to 50 percent of all species on Earth. 2. Boreal forests represent about thirty percent of the global forest area, help regulate the climate through the exchange of energy and water, and are a large reservoir of biogenic carbon. 3. Human activity is the driving force behind the current rate of species extinction, which is at least 100 to 1,000 times higher than historical levels. The World Wildlife Fund's 2016 Living Planet Report found global populations of fish, birds, mammals, amphibians, and reptiles declined by 58 percent between 1970 and 2012. 4. Globally, an estimated 18,000,000 acres of forest, an area more than half the size of New York State, are lost every year to deforesta- tion according to the Food and Agriculture Organization of the United Nations, with over one-half of Earth's tropical forests already gone. At the current pace, the entirety of Earth's tropical rainforests will be degraded or destroyed within the next 100 years. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03158-13-2 A. 6872--A 2
5. It has been estimated that at least 30 percent of the world's greenhouse gas emissions come from deforestation and forest degradation. Taking into account carbon sequestration potential, stopping the loss of tropical forests, mangroves, and wetlands could provide over 20 percent of climate mitigation by 2030. 6. Loss of biodiversity resulting from forest degradation and defores- tation, as well as human encroachment on formerly undisturbed ecosys- tems, increases the risks of zoonotic disease pandemics such as COVID- 19. 7. New York State is a leader in addressing the climate crisis, with a statutory goal of achieving net-zero greenhouse gas emissions economy- wide by 2050. 8. Tropical deforestation in many countries is closely associated with violations of the land rights of indigenous peoples and local communi- ties and with the exploitation of workers, including forced labor and child labor, and in many cases is enabled by corruption, criminality, and violence against land defenders. 9. Tropical deforestation in many countries is also closely associated with illegal wildlife trafficking, including, but not limited to, vari- ous bird and reptile species, many primate species, including great apes, pangolins, and orangutans, and in many cases is enabled by corruption, criminality, and violence against conservationists. 10. The primary factor leading to tropical deforestation is degrada- tion and road-building associated with logging for timber, which opens the door for deforestation caused by industrial-scale production of agricultural commodities and conversion of forests into plantations for the timber, pulp, and paper industry. Together, these are increasingly known as "forest-risk commodities". 11. Industrial logging to make single-use tissue products, newsprint, and lumber is a large driver of boreal forest degradation and deforesta- tion, as is the exploration, development, and extraction of other resources, such as mining, oil and gas development, and flooding for hydroelectric projects. 12. New York is inadvertently promoting and sanctioning deforestation and intact forest degradation through the purchase of goods and products that have been produced in supply chains that contribute to deforesta- tion and intact forest degradation. 13. New York has one of the largest economies in the world and its purchasing power has significant market force, allowing it to play a leadership role in preventing forest loss and supporting markets for sustainably-sourced products. 14. It is the intent of the legislature that it be the policy of this state to ensure companies contracting with the state are not contribut- ing to tropical or boreal deforestation or intact forest degradation directly or through their supply chains. § 3. Paragraphs b, c, d and e of subdivision 1 of section 165 of the state finance law, as added by chapter 83 of the laws of 1995, are amended to read as follows: b. "Tropical hardwood" shall mean any and all hardwood, scientifically classified as angiosperm, that grows in any tropical [moist] forest. Tropical hardwoods shall [be] INCLUDE BUT NOT BE LIMITED TO the follow- ing species: Scientific Name EXAMPLES OF Common [Name] NAMES PRUNUS AFRICANA AFRICAN CHERRY, RED STINKWOOD CARYOCAR COSTARICENSE AJO, AJI A. 6872--A 3 CALOPHYLLUM SPP. BINTANGOR CEDRELA SPP. CEDAR NEOBALANOCARPUS HEIMII, CHENGAL BALANOCARPUS HEIMII OCTOMELES SUMATRANA MIQ. ERIMA, BENUANG MYROXYLON BALSAMUM ESTORAQUE APULEIA LEIOCARPA GARAPA PARASTEMON UROPHYLLUS,PARASTEMON MALAS SPICATUS RIDLEY HOPEA SPP. MERAWAN ARAUCARIA ARAUCANA MONKEY PUZZLE, CHILEAN PINE PTEROCARPUS TINCTORIUS MUKULA SENNA SIAMEA SIAMESE SENNA POMETIA PINATA TAUN MILLETIA LEUCANTHA KURZ THINWIN BULNESIA ARBOREA, BULNESIA VERAWOOD, ARGENTINE LIGNUM SARMIENTOI VITAE TRISTANIOPSIS LAURINA WATER GUM TERMINALIA SPP. HOMALIUM FOETIDUM MALAS DILLENIA PAPUANA DILLENIA CANARIUM SPP. RED CANARIUM, GREY CANARIUM BURKRELLA MACROPODA RANG RANG OCTOMELES SUMATRANA ERIMA, BENUANG DRACONTOMELON DAO NEW GUINEA WALNUT PLANCHONELLA SPP. WHITE PLANCHONELLA, RED PLANCHONELLA LOPHOPETALUM SPP. PERUPOK CARINIAN PYRIFORMIS ABARCO, JEQUITIBA MITRAGYNA CILIATE ABURA Vouacapous americana Acapu AMBURANA CAERENSIS AMBURANA, CEREJEIRA DALBERGIA MELANOXYLON AFRICAN BLACKWOOD LOVOA SPP. AFRICAN WALNUT, TIGERWOOD Pericopsis elata [Afrormosis] AFRORMOSIA [Shorea almon] [Almon] ASPIDOSPERMA MEGALOCARPON ACARETTO Peltogyne spp. Amaranth, PURPLEHEART TERMINALIA AMAZONIA AMARILLO REAL Guibourtia ehie Amazaque AMBURANA CEARENSIS AMBURANA, CEREJEIRA, CUMARE PTEROGYNE NITENS AMENDOIM CARAPA GUIANENSIS ANDIROBA, FALSE MAHOGANY DICORYNIA GUIANENSIS ANGILIQUE CRIS [Aningeris] ANINGERIA spp. Aningeria, ANEGRE, ANIGRE Dipterocarpus [grandiflorus] [Apilong] APITONG, KERUING SPP. CENTROLOBIUM SPP. ARARIBA, AMARILLO BROSIMUM UTILE BACO SHOREA SPP. BALAU, SELANGAN BATU Ochroma lagopus Balsa OCHROMA PYRAMIDALE BALSA MYROXYLON BALSAMUM BALSAMO [Virola spp.] [Banak] Anisoptera thurifera Bella [Rose] ROSA A. 6872--A 4 GUIBOURTIA arnoldiana Benge, MUTENYE BERLINIA SPP. BERLINIA, ROSE ZEBRANO SYMPHONIA GLOBULIFERA BOAR WOOD Deterium [Senegalese] SENEGALESE Boire CAESALPINIA ECHINTATA, BRAZILWOOD, PERNAMBUCO PAUBRASILIA ESCHINATA BERTHOLLETIA EXCELS BRAZIL TREE BROSIMUM ALICASTRUM BREADNUT GUILBOURTIA SPP. BUBINGA, AFRICAN (G. DEMUSEI, G. PELLEGRINIANA, ROSEWOOD, KEVAZINGO G. TESSMANNII) TOONA CALANTAS, CEDRELA CALANTAS CALANTAS, KALANTAS Priora copaifera Cativo CEDRELA ODORATA, CEDRELA FISSILIS CEDRO, CEDAR, SPANISH CEDAR, SOUTH AMERICAN CEDAR CEIBA PENTANDRA CEIBA Antiaris africana Chenchen, ANTIARIS COURATARI GUIANENSIS COCO BLANCO [Dalbergis] DALBERGIA retusa [Concobola] COCOBOLO, GRANADILLO TABEBUIA DONNELL-SMITHII COPAL DANIELLIA SPP. COPAL, DANIELLIA Cordia spp. Cordia, BOCOTE, ZIRICOTE, LOURO HYMENAEA COURBARIL COURBARIL, WEST INDIAN LOCUST DIPTERYX ODORATA CUMARU PIPTADENIASTRUM AFRICANUM DAHOMA, BANZU CALYCOPHYLLUM CANDIDISSIMUM DEGAME, LEGAME LANCEWOOD, LEMONWOOD AFZELIA SPP. DOUSSIE, LINGUE [Diospyros] DIOSPYRUS spp. Ebony, MACASSARE, EBONY, CEYLON EBONY LOPHIRA ALATA EKKI, AZOBE, BANGASSI, AKOURA, RED IRONWOOD COMBRETODENDRON MACROCARPUM ESIA, ESSIA CORDIA GOELDIANA FREIJO, CORDIA WOOD CHLOROPHORA TINCTORIA FUSTIC, YELLOW WOOD, TATAJUBA [Aucoumes] AUCOUMEA klaineana Gaboon, OKOUME ASTRONIUM SPP. GONCALO ALVES, ZEBRAWOOD, TIGERWOOD OCOTEA RODIAEI GREENHEART ENTEROLOBIUM CYCLOCARPUM GUANACASTE, RAIN TREE, ELEPHANT EAR GUAREA SPP. GUAREA, BOSSE TERMINALIA IVORENSIS IDIGBO, FRAMIRE, BLACK AFARA PHOEBE POROSA IMBUIA, IMBUYA, EMBUIA, BRAZILIAN WALNUT HANDROANTHUS SPP. IPE, BRAZILIAN WALNUT, BETHABARRA, PAU D'ARCO, IRONWOOD, LAPACHO Chlorophors excelsa Iroko HYMENAEA COURBARIL JATOBA, "BRAZILIAN CHERRY" JACARANDA COPAIA JACARANDA MACHAERIUM VILLOSUM JACARANDA PARDO DYERA COSTULATA JELUTONG A. 6872--A 5 DRYOBALANOPS SPP. KAPUR, KELADAN KOOMPASSIA MALACCENSIS KEMPAS, IMPAS Acacia koa Koa ENTANDROPHRAGMA CANDOLLEI KOSIPO, OMU Pterygota macrocarpa Koto, AFRICAN PTERYGOTA, WARE OXANDRA LANCEOLATE LANCEWOOD Shorea SPP. [negrosensis] [Red] Lauan, LUAN, LAWAAN, MERANTI, WHITE MERANTI, YELLOW MERANTI, DARK RED MERANTI, LIGHT RED MERANTI, SERAYA, TANGUILE, BANG, PHILIPPINE MAHOGANY [Pentacme contorta] [White Lauan] [Shores ploysprma] [Tanguile] NOTHOFAGUS PUMILIO LENGA GUAIACUM OFFICINALE LIGNUM VITAE, GUAYACAN, IRONWOOD Terminalia superba Limba, AFARA, OFRAM [Aniba duckei] ANIBA ROSEDORA [Louro] BRAZILIAN ROSEWOOD, PAU ROSA, BOIS DE ROSE NECTANDRA SPP. LOURO PRETO [Kyaya ivorensis] KHAYA SPP. [Africa] AFRICAN Mahogany [Swletenia macrophylla] [Amer. Mahogany] SWIETENIA SPP. AMERICAN MAHOGANY, WEST INDIAN MAHOGANY, CENTRAL AMERICAN MAHOGANY, HONDURAN MAHOGANY, SOUTH AMERICAN MAHOGANY, MEXICAN MAHOGANY, BIGLEAF MAHOGANY, LITTLE LEAF MAHOGANY, ACAJOU, CAOBA MOGNO Tieghemella [leckellii] HECKELII [Makora] MAKORE, BAKU DIOSPYROS MARMORATA MARBLEWOOD, ZEBRAWOOD INTSIA BIJUGA, INTSIA PALEMBANICA MERBAU, IPIL, KWILA ANISOPTERA SPP. MERSAWA, KRABAK, PALOSAPIS MORA EXCELSA MORA Distemonanthus benthamianus Movingui, AYAN TERMINALIA AMAZONIA NARGUSTA PTEROCARPUS SPP. NARRA, AMBYNA, PAPUA NEW GUINEA ROSEWOOD, RED SANDERS, MUKULA, KOSSO, ZITAN, HONGMU PALAQUIUM SPP. NYATOH, PADANG, PENCIL CEDAR TRIPLOCHITON SCLEROXYLON OBECHE, SAMBA NAUCLEA DIDERRICHII OPEPE, SIBO Pterocarpus [soyauxii] SPP. [African] Padauk, VERMILLION WOOD [Pterocarpus angolensis] [Angola Padauk] MILLETTIA STUHLMANNII PANGA PANGA BALFOURODENDRON RIEDELIANUM PAU MARFIM Aspidosperma spp. Peroba, ROSA PARATECOMA PEROBA PEROBA BRANCA A. 6872--A 6 DALBERGIA FRUTESCENS, D. TOMENTOSA PINKWOOD, BRAZILIA TULIPWOOD TABEBUIA DONNELL-SMITHII PRIMA VERA, ROBLE, DURANGO Peltogyne spp. Purpleheart Gonystylus spp. Ramin MELANORRHOEA CURTISII RENGAS, BORNEO ROSEWOOD NOTHOFAGUS OBLIQUA ROBLE HEVEA BRASILIENSIS RUBBERWOOD Dalbergia spp. Rosewood, INDIAN ROSEWOOD, HONDURAS ROSEWOOD, COCOBOLO, GRANADILLO ANIBA DUCKEI BRAZILIAN ROSEWOOD ENTANDROPHRAGMA cylindricum [Sapela] SAPELE, SAPELLI ACANTHOPANAX RICINOFOLIUS SEN, CASTOR ARABIA BROSIMUM AUBLETTI, PIRATINERA SNAKEWOOD, LETTERWOOD, LEOPARD GUIANENSIS WOOD [Shores phillippinensis] [Sonora] JUGLANS SPP. (JUGLANS SOUTH AMERICAN WALNUT, PERUVIAN AUSTRALIS, J. NEOTROPICA, WALNUT J. OLANCHANA, ETC.) STERCULIA RHINOPETALA STERCULIA BAGASSA GUIANENSIS TATAJUBA, BAGASSE Tectona grandis Teak Lovoa trichilloides Tigerwood ENTANDROPHRAGMA UTILE UTILE, SIPO VIROLA SPP. VIROLA, CUMALA, BANAK, TAPSAVA Milletia laurentii Wenge PENTACME CONTORTA WHITE LAUAN Microberlinia [brazzavillensis] Zebrawood, SPP. ZEBRANO, ZINGANA c. "Tropical [rain] forests" shall mean [any and all forests classi- fied by the scientific term "Tropical moist forests", the classification determined by the equatorial region of the forest and average rainfall] A NATURAL ECOSYSTEM WITHIN THE TROPICAL REGIONS, APPROXIMATELY BOUNDED GEOGRAPHICALLY BY THE TROPICS OF CANCER AND CAPRICORN, BUT POSSIBLY AFFECTED BY OTHER FACTORS SUCH AS PREVAILING WINDS, CONTAINING NATIVE SPECIES COMPOSITION, STRUCTURE, AND ECOLOGICAL FUNCTION, WITH A TREE CANOPY COVER OF MORE THAN TEN PERCENT OVER AN AREA OF AT LEAST 0.5 HECTARES. "TROPICAL FORESTS" SHALL INCLUDE ALL OF THE FOLLOWING: (I) HUMAN-MANAGED TROPICAL FORESTS OR PARTIALLY DEGRADED TROPICAL FORESTS THAT ARE REGENERATING; AND (II) FORESTS IDENTIFIED BY MULTI-OBJECTIVE CONSERVATION BASED ASSESSMENT METHODOLOGIES, SUCH AS HIGH CONSERVATION VALUE (HCV) AREAS, AS DEFINED BY THE HCV RESOURCE NETWORK, OR HIGH CARBON STOCK FORESTS, AS DEFINED BY THE HIGH CARBON STOCK APPROACH, OR BY ANOTHER METHODOLOGY WITH EQUIVALENT OR HIGHER STANDARDS THAT INCLUDES PRIMARY FORESTS AND PEATLANDS OF ANY DEPTH. "TROPICAL FORESTS" SHALL NOT INCLUDE TREE PLANTATIONS OF ANY TYPE. d. "Tropical wood products" shall mean any wood products, wholesale or retail, in any form, including but not limited to PLYWOOD, veneer, furniture, cabinets, paneling, SIDING, moldings, DOORS, doorskins, join- ery, FLOORING or sawnwood, which are composed, IN WHOLE OR IN PART, of tropical hardwood [except plywood]. e. "PEAT" MEANS A SOIL THAT IS RICH IN ORGANIC MATTER COMPOSED OF PARTIALLY DECOMPOSED PLANT MATERIALS EQUAL TO OR GREATER THAN 40 CENTI- METERS OF THE TOP 100 CENTIMETERS OF THE SOIL. A. 6872--A 7 F. "PEATLANDS" MEANS WETLANDS WITH A LAYER OF PEAT MADE UP OF DEAD AND DECAYING PLANT MATERIAL. PEATLANDS INCLUDES MOORS, BOGS, MIRES, PEAT SWAMP FORESTS, AND PERMAFROST TUNDRA. G. "Secondary materials" means any material recovered from or other- wise destined for the waste stream, including, but not limited to, post- consumer material, industrial scrap material and overstock or obsolete inventories from distributors, wholesalers and other companies but such term does not include those materials and by-products generated from, and commonly reused within, an original manufacturing process. § 4. Paragraph b of subdivision 2 of section 165 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows: b. The provisions of paragraph a of this subdivision shall not apply to: (i) [Any hardwoods purchased from a sustained, managed forest; or (ii)] Any binding contractual obligations for purchase of commodities entered into prior to August twenty-fifth, nineteen hundred ninety-one; or [(iii) The purchase of any tropical hardwood or tropical hardwood product for which there is no acceptable non-tropical hardwood species; or (iv) Where the contracting officer finds that no person or entity doing business in the state is capable of providing acceptable non-trop- ical hardwood species sufficient to meet the particular contract requirements; or (v)] (II) Where the inclusion or application of such provisions will violate or be inconsistent with the terms or conditions of a grant, subvention or contract in an agency of the United States or the instructions of an authorized representative of any such agency with respect to any such grant, subvention or contract[; or (vi) Where inclusion or application of such provisions results in a substantial cost increase to the state, government agency, political subdivision, public corporation or public benefit corporation]. § 5. Section 165 of the state finance law is amended by adding a new subdivision 9 to read as follows: 9. DEFORESTATION-FREE PROCUREMENT. A. FOR PURPOSES OF THIS SUBDIVI- SION, THE FOLLOWING DEFINITIONS SHALL APPLY: (I) "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT HAS A CONTRACT WITH A STATE AGENCY OR STATE AUTHORITY FOR PUBLIC WORKS OR IMPROVEMENTS TO BE PERFORMED, FOR A FRANCHISE, CONCESSION OR LEASE OF PROPERTY, FOR GRANT MONIES OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT THE EXPENSE OF THE AGENCY OR AUTHORITY OR TO BE PAID OUT OF MONIES DEPOSITED IN THE TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR COLLECTED BY THE AGENCY OR AUTHORITY. (II) "FOREST-RISK COMMODITY" MEANS ANY COMMODITY AND ITS DERIVED PRODUCTS, INCLUDING AGRICULTURAL AND NON-AGRICULTURAL COMMODITIES BUT EXCLUDING TROPICAL HARDWOOD AND TROPICAL WOOD PRODUCTS COVERED BY SUBDI- VISIONS ONE AND TWO OF THIS SECTION, WHETHER IN RAW OR PROCESSED FORM, THAT IS COMMONLY EXTRACTED FROM, OR GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED ON LAND WHERE TROPICAL OR BOREAL DEFORESTATION OR INTACT FOREST DEGRADATION HAS OCCURRED OR IS LIKELY TO OCCUR. FOREST-RISK COMMODITIES INCLUDE PALM OIL, SOY, BEEF, COFFEE, WOOD PULP, PAPER, LOGS, LUMBER, AND ANY ADDITIONAL COMMODITIES DEFINED BY THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH G OF THIS SUBDIVISION, BUT DO NOT INCLUDE WOOD PULP OR PAPER MADE ENTIRELY FROM RECOVERED FIBER. A. 6872--A 8 (III) "FREE, PRIOR, AND INFORMED CONSENT" MEANS THE PRINCIPLE THAT A COMMUNITY HAS THE RIGHT TO GIVE OR WITHHOLD ITS CONSENT TO PROPOSED DEVELOPMENTS THAT MAY AFFECT THE LAND AND WATERS IT LEGALLY OR CUSTOMAR- ILY OWNS, OCCUPIES, OR OTHERWISE USES, AS DESCRIBED IN THE UNITED NATIONS DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES, THE INDIGENOUS AND TRIBAL PEOPLES CONVENTION OF 1989, ALSO KNOWN AS THE INTERNATIONAL LABOR ORGANIZATION CONVENTION 169, AND OTHER INTERNATIONAL INSTRUMENTS. "FREE, PRIOR, AND INFORMED CONSENT" MEANS INFORMED, NONCOERCIVE NEGOTI- ATIONS BETWEEN INVESTORS, COMPANIES, OR GOVERNMENTS, AND INDIGENOUS PEOPLES AND LOCAL COMMUNITIES, PRIOR TO PROJECT DEVELOPMENT. (IV) "LARGE CONTRACTOR" MEANS ANY CONTRACTOR WHOSE ANNUAL REVENUE, OR THAT OF THEIR PARENT COMPANY, IS EQUAL TO OR GREATER THAN ONE HUNDRED MILLION DOLLARS. (V) "POINT-OF-ORIGIN" MEANS THE GEOGRAPHICAL LOCATION, AS IDENTIFIED BY THE SMALLEST ADMINISTRATIVE UNIT OF LAND, WHERE A COMMODITY WAS GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED. (VI) "RECOVERED FIBER" MEANS POSTCONSUMER FIBER SUCH AS PAPER, PAPER- BOARD, AND FIBROUS MATERIALS FROM RETAIL STORES, OFFICE BUILDINGS, HOMES, AND SO FORTH, AFTER HAVING PASSED THROUGH THEIR END USAGE, INCLUDING USED CORRUGATED BOXES, OLD NEWSPAPERS, OLD MAGAZINES, MIXED WASTE PAPER, TABULATING CARDS, AND USED CORDAGE, AND ALL PAPER, PAPER- BOARD, AND FIBROUS MATERIALS THAT ENTER AND ARE COLLECTED FROM MUNICIPAL SOLID WASTE; AND MANUFACTURING WASTES SUCH AS DRY PAPER AND PAPERBOARD WASTE GENERATED AFTER COMPLETION OF THE PAPERMAKING PROCESS, INCLUDING ENVELOPE CUTTINGS, BINDERY TRIMMINGS, AND OTHER PAPER AND PAPERBOARD WASTE RESULTING FROM PRINTING, CUTTING, FORMING, AND OTHER CONVERTING OPERATIONS, BAG, BOX, AND CARTON MANUFACTURING WASTES, AND BUTT ROLLS, MILL WRAPPERS, AND REJECTED UNUSED STOCK, AND REPULPED FINISHED PAPER AND PAPERBOARD FROM OBSOLETE INVENTORIES OF PAPER AND PAPERBOARD MANUFACTURERS, MERCHANTS, WHOLESALERS, DEALERS, PRINTERS, CONVERTERS, AND OTHERS. (VII) "DEFORESTATION" MEANS DIRECT HUMAN-INDUCED CONVERSION OF TROP- ICAL OR BOREAL FOREST TO AGRICULTURE, A TREE PLANTATION, OR OTHER NON- FOREST LAND USE. (VIII) "INTACT FOREST DEGRADATION" MEANS SEVERE AND SUSTAINED DEGRADA- TION OF A TROPICAL OR BOREAL FOREST RESULTING IN SIGNIFICANT INTACT FOREST LOSS AND/OR A PROFOUND CHANGE IN SPECIES COMPOSITION, STRUCTURE, OR ECOLOGICAL FUNCTION OF THAT FOREST. (IX) "BOREAL FOREST" MEANS A FOREST GROWING IN HIGH-LATITUDE ENVIRON- MENTS WHERE FREEZING TEMPERATURES OCCUR FOR SIX TO EIGHT MONTHS AND IN WHICH TREES ARE CAPABLE OF REACHING A MINIMUM HEIGHT OF FIVE METERS AND A CANOPY COVER OF TEN PERCENT. (X) "INTACT FOREST" MEANS A FOREST THAT HAS NEVER BEEN INDUSTRIALLY LOGGED AND HAS DEVELOPED FOLLOWING NATURAL DISTURBANCES AND UNDER NATURAL PROCESSES, REGARDLESS OF ITS AGE. INTACT FORESTS INCLUDE FORESTS THAT HAVE EXPERIENCED NON-INDUSTRIAL-SCALE HUMAN IMPACTS, INCLUDING TRADITIONAL OR SUBSISTENCE ACTIVITIES CARRIED OUT BY INDIGENOUS COMMUNI- TIES. (XI) "NEW YORK STATE PRODUCTS" MEANS PRODUCTS THAT ARE GROWN, HARVESTED, OR PRODUCED IN THIS STATE, OR PROCESSED INSIDE OR OUTSIDE THIS STATE COMPRISING OVER FIFTY-ONE PERCENT RAW MATERIALS GROWN, HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR VOLUME. (XII) "SMALL BUSINESS" MEANS SMALL BUSINESS AS DEFINED IN SECTION ONE HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW. A. 6872--A 9 (XIII) "MEDIUM-SIZED BUSINESS" SHALL MEAN A BUSINESS THAT IS RESIDENT IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED, NOT DOMINANT IN ITS FIELD, AND EMPLOYS BETWEEN ONE HUNDRED AND FIVE HUNDRED PERSONS. (XIV) "MINORITY-OWNED BUSINESS ENTERPRISE" SHALL HAVE THE SAME MEANING AS IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW. (XV) "WOMEN-OWNED BUSINESS ENTERPRISE" SHALL HAVE THE SAME MEANING AS IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW. B. (I) EVERY CONTRACT ENTERED INTO BY A STATE AGENCY OR AUTHORITY THAT INCLUDES THE PROCUREMENT OF ANY PRODUCT COMPRISED WHOLLY OR IN PART OF A FOREST-RISK COMMODITY SHALL REQUIRE THAT THE CONTRACTOR CERTIFY THAT THE COMMODITY FURNISHED TO THE STATE PURSUANT TO THE CONTRACT WAS NOT EXTRACTED FROM, GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED ON LAND WHERE TROPICAL OR BOREAL DEFORESTATION OR INTACT FOREST DEGRADATION OCCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-TWO. THE CONTRACTOR SHALL AGREE TO COMPLY WITH THIS PROVISION OF THE CONTRACT. (II) THE CONTRACT SHALL SPECIFY THAT THE CONTRACTOR IS REQUIRED TO COOPERATE FULLY IN PROVIDING REASONABLE ACCESS TO THE CONTRACTOR'S RECORDS, DOCUMENTS, AGENTS, EMPLOYEES, OR PREMISES IF REASONABLY REQUIRED BY AUTHORIZED OFFICIALS OF THE CONTRACTING AGENCY OR AUTHORITY, THE OFFICE OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR THE STAKEHOLDER ADVISORY GROUP ESTABLISHED IN PARAGRAPH F OF THIS SUBDIVISION, TO DETERMINE THE CONTRACTOR'S COMPLIANCE WITH THE REQUIREMENTS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. (III) CONTRACTORS SHALL EXERCISE DUE DILIGENCE IN ENSURING THAT THEIR SUBCONTRACTORS COMPLY WITH THE REQUIREMENTS UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH. CONTRACTORS SHALL REQUIRE EACH SUBCONTRACTOR TO CERTIFY THAT THE SUBCONTRACTOR IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBPAR- AGRAPH (I) OF THIS PARAGRAPH. (IV) IN ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPHS (I), (II), AND (III) OF THIS PARAGRAPH, LARGE CONTRACTORS SUBJECT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH MUST CERTIFY THAT THEY HAVE ADOPTED A FOREST POLICY THAT COMPLIES WITH REGULATIONS ISSUED PURSUANT TO SUBPARAGRAPH (VII) OF PARAGRAPH G OF THIS SUBDIVISION. THE ADOPTION OF FOREST POLICY BY A CONTRACTOR, SUBCONTRACTOR, OR SUPPLIER THAT IS NOT A LARGE CONTRACTOR IS NOT REQUIRED BY THIS SUBPARAGRAPH BUT MAY BE USED TO DEMONSTRATE COMPLI- ANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH. SUCH FOREST POLICY AND ALL CORRESPONDING DATA SHALL BE MADE PUBLICLY AVAILABLE, AND SHALL CONTAIN AT A MINIMUM ALL OF THE FOLLOWING: A. DUE DILIGENCE MEASURES TO IDENTIFY THE POINT-OF-ORIGIN OF FOREST- RISK COMMODITIES AND ENSURE COMPLIANCE WITH THE POLICY WHERE SUPPLY CHAIN RISKS ARE PRESENT. B. DATA DETAILING THE COMPLETE LIST OF DIRECT AND INDIRECT SUPPLIERS AND SUPPLY CHAIN TRACEABILITY INFORMATION, INCLUDING REFINERIES, PROC- ESSING PLANTS, FARMS, AND PLANTATIONS, AND THEIR RESPECTIVE OWNERS, PARENT COMPANIES, AND FARMERS, MAPS, AND GEO-LOCATIONS, FOR EACH FOREST-RISK COMMODITY FOUND IN PRODUCTS THAT MAY BE FURNISHED TO THE STATE. C. MEASURES TAKEN TO ENSURE THE PRODUCT DOES NOT CONTRIBUTE TO TROP- ICAL OR BOREAL DEFORESTATION OR INTACT FOREST DEGRADATION, INCLUDING: (1) NO DEVELOPMENT OF TROPICAL OR BOREAL INTACT FORESTS, AND THAT THE PRODUCT DOES NOT ORIGINATE FROM A SITE WHERE COMMODITY PRODUCTION HAS REPLACED INTACT TROPICAL OR BOREAL FOREST AFTER JANUARY FIRST, TWO THOU- SAND TWENTY-TWO; (2) NO DEVELOPMENT OF HIGH CARBON STOCK (HCS) FORESTS; (3) NO DEVELOPMENT OF HIGH CONSERVATION VALUE (HCV) AREAS; A. 6872--A 10 (4) NO BURNING; (5) EFFORTS TO ENSURE PROGRESSIVE REDUCTIONS OF GREENHOUSE GAS EMIS- SIONS ON EXISTING PLANTATIONS; (6) NO DEVELOPMENT ON PEAT, REGARDLESS OF DEPTH; (7) BEST MANAGEMENT PRACTICES FOR EXISTING PLANTATIONS ON PEAT; AND (8) WHERE FEASIBLE, ACTIVITIES ORIENTED TOWARDS PEAT RESTORATION. D. MEASURES TAKEN TO PREVENT EXPLOITATION AND REDRESS GRIEVANCES OF WORKERS AND LOCAL COMMUNITIES, INCLUDING: (1) RESPECT FOR AND RECOGNITION OF THE RIGHTS OF ALL WORKERS INCLUDING CONTRACT, TEMPORARY, AND MIGRANT WORKERS. (2) RESPECT FOR AND RECOGNITION OF LAND TENURE RIGHTS OF COMMUNITIES. (3) RESPECT FOR THE RIGHTS OF INDIGENOUS AND LOCAL COMMUNITIES TO GIVE OR WITHHOLD THEIR FREE, PRIOR, AND INFORMED CONSENT TO OPERATIONS ON LANDS TO WHICH THEY HOLD LEGAL, COMMUNAL, OR CUSTOMARY RIGHTS. (4) EXPLICIT POLICIES AND PROCESSES TO PREVENT VIOLENCE, INTIMIDATION, AND COERCION OF WORKERS AND LOCAL COMMUNITIES. (5) FORMAL, OPEN, TRANSPARENT, AND CONSULTATIVE PROCESSES TO ADDRESS AND REDRESS ALL COMPLAINTS AND CONFLICTS. E. MEASURES TAKEN TO PROTECT BIODIVERSITY AND PREVENT THE POACHING OF ENDANGERED SPECIES IN ALL OPERATIONS AND ADJACENT AREAS. F. MEASURES TAKEN TO ENSURE COMPLIANCE WITH THE LAWS OF COUNTRIES WHERE FOREST-RISK COMMODITIES IN A COMPANY'S SUPPLY CHAIN WERE PRODUCED. G. MEASURES TO DETER VIOLENCE, THREATS, AND HARASSMENT AGAINST ENVI- RONMENTAL HUMAN RIGHTS DEFENDERS (EHRDS), INCLUDING RESPECTING INTERNA- TIONALLY RECOGNIZED HUMAN RIGHTS STANDARDS, AND EDUCATING EMPLOYEES, CONTRACTORS, AND PARTNERS ON THE RIGHTS OF EHRDS TO EXPRESS THEIR VIEWS, CONDUCT PEACEFUL PROTESTS, AND CRITICIZE PRACTICES WITHOUT INTIMIDATION OR RETALIATION. (V) THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT APPLY WHEN THE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL VIOLATE OR BE INCONSISTENT WITH THE TERMS OR CONDITIONS OF A GRANT, SUBVENTION OR CONTRACT WITH AN AGENCY OF THE UNITED STATES OR THE INSTRUCTIONS OF AN AUTHORIZED REPRESENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION OR CONTRACT. C. (I) IF IT IS DETERMINED THAT ANY CONTRACTOR CONTRACTING WITH THE STATE KNEW OR SHOULD HAVE KNOWN THAT A PRODUCT COMPRISED WHOLLY OR IN PART OF A FOREST-RISK COMMODITY WAS FURNISHED TO THE STATE IN VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION, THE CONTRACTING AGENCY OR AUTHORITY SHALL ISSUE A WRITTEN NOTICE OF VIOLATION AND PROVIDE AN OPPORTUNITY FOR SUCH CONTRACTOR TO COME INTO COMPLIANCE. IF, AFTER SUCH NOTICE, A CONTRACTOR FAILS TO COME INTO COMPLIANCE WITHIN A TIMEFRAME ESTABLISHED BY THE DEPARTMENT, SUCH CONTRACTOR MAY, SUBJECT TO SUBPARAGRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, HAVE EITHER OR BOTH OF THE FOLLOWING SANCTIONS IMPOSED: A. THE CONTRACT UNDER WHICH THE PROHIBITED FOREST-RISK COMMODITY WAS FURNISHED MAY BE VOIDED AT THE OPTION OF THE STATE AGENCY OR AUTHORITY TO WHICH THE COMMODITY WAS FURNISHED. B. THE CONTRACTOR MAY BE ASSESSED A PENALTY THAT SHALL BE THE GREATER OF ONE THOUSAND DOLLARS OR AN AMOUNT EQUALING TWENTY PERCENT OF THE VALUE OF THE PRODUCT THAT THE STATE AGENCY OR AUTHORITY DEMONSTRATES WAS COMPRISED WHOLLY OR IN PART OF A FOREST-RISK COMMODITY AND FURNISHED TO THE STATE IN VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION. A HEARING OR OPPORTUNITY TO BE HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY PENALTY. (II) NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A CONTRACTOR THAT HAS COMPLIED WITH THE PROVISIONS OF SUBPARAGRAPH (III) OF PARAGRAPH A. 6872--A 11 B OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO SANCTIONS FOR VIOLATIONS, OF WHICH THE CONTRACTOR HAD NO KNOWLEDGE, OF THE REQUIREMENTS OF PARA- GRAPH B OF THIS SUBDIVISION THAT WERE COMMITTED SOLELY BY A SUBCONTRAC- TOR. SANCTIONS DESCRIBED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL INSTEAD BE IMPOSED AGAINST THE SUBCONTRACTOR THAT COMMITTED THE VIOLATION. D. (I) ANY STATE AGENCY OR AUTHORITY THAT INVESTIGATES A COMPLAINT AGAINST A CONTRACTOR OR SUBCONTRACTOR FOR VIOLATION OF THIS SUBDIVISION MAY LIMIT ITS INVESTIGATION TO EVALUATING THE INFORMATION PROVIDED BY THE PERSON OR ENTITY SUBMITTING THE COMPLAINT AND THE INFORMATION PROVIDED BY THE CONTRACTOR OR SUBCONTRACTOR. (II) WHENEVER A CONTRACTING OFFICER OF THE CONTRACTING AGENCY OR AUTHORITY HAS REASON TO BELIEVE THAT THE CONTRACTOR FAILED TO COMPLY WITH PARAGRAPH B OF THIS SUBDIVISION, THE AGENCY OR AUTHORITY SHALL REFER THE MATTER FOR INVESTIGATION TO THE HEAD OF THE AGENCY OR AUTHORI- TY AND, AS THE HEAD OF THE AGENCY OR AUTHORITY DETERMINES APPROPRIATE, TO EITHER THE OFFICE OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, OR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION. E. (I) WHEN A STATE AGENCY OR AUTHORITY'S CONTRACT FOR THE PURCHASE OF A COMMODITY OR PRODUCT COVERED BY THIS SUBDIVISION IS TO BE AWARDED TO THE LOWEST RESPONSIBLE BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO IS A SMALL OR MEDIUM-SIZED BUSINESS OR A MINORITY-OWNED OR WOMEN-OWNED BUSI- NESS ENTERPRISE, OR WHO WILL FULFILL THE CONTRACT THROUGH THE USE OF NEW YORK STATE PRODUCTS, MAY BE GIVEN PREFERENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE BID IS NOT MORE THAN TEN PERCENT GREATER THAN THE COST INCLUDED IN A BID THAT IS NOT FROM A SMALL OR MEDIUM-SIZED BUSINESS OR A MINORITY-OWNED OR WOMEN-OWNED BUSINESS ENTER- PRISE OR FULFILLED THROUGH THE USE OF NEW YORK STATE PRODUCTS. (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IF THE HEAD OF THE CONTRACTING STATE AGENCY OR AUTHORITY PURCHASING SUCH PRODUCTS, IN HIS OR HER SOLE DISCRETION, DETERMINES THAT GIVING PREFERENCE TO BIDDERS PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH WOULD BE: (A) AGAINST THE PUBLIC INTEREST; (B) WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; OR (C) NEW YORK STATE PRODUCTS CANNOT BE OBTAINED IN SUFFICIENT AND REASONABLE AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE CONTRACTING STATE AGENCY OR AUTHORITY'S REQUIREMENTS. (III) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO CONFLICT WITH OR OTHERWISE LIMIT THE GOALS AND REQUIREMENTS SET FORTH BY SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE AND ARTICLES FIFTEEN-A AND SEVENTEEN-B OF THE EXECUTIVE LAW. F. (I) THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL CONVENE A STAKEHOLDER ADVISORY GROUP WHICH SHALL BE CONSULTED ON THE CREATION OF REGULATIONS PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION, AND SHALL EXERCISE AN OVERSIGHT ROLE PURSUANT TO PARAGRAPH H OF THIS SUBDI- VISION. MEMBERS OF THE ADVISORY GROUP SHALL BE SELECTED BY THE COMMIS- SIONER AND SHALL CONSIST OF AT LEAST: (A) REPRESENTATIVES OF CURRENT OR FORMER STATE CONTRACTORS DEALING IN EACH OF THE FOREST-RISK COMMODITIES SPECIFIED IN SUBPARAGRAPH (II) OF PARAGRAPH A OF THIS SUBDIVISION, WITH AN EMPHASIS ON SMALL AND MEDIUM- SIZED BUSINESSES; (B) REPRESENTATIVES FROM CIVIL SOCIETY WITH RELEVANT EXPERTISE IN SUPPLY CHAIN TRACEABILITY, TROPICAL AND BOREAL FOREST SUSTAINABILITY, BIODIVERSITY, CLIMATE SCIENCE, HUMAN AND LABOR RIGHTS, AND INDIGENOUS RIGHTS. MEMBERS SELECTED PURSUANT TO THIS CLAUSE SHOULD BE OF AT LEAST A. 6872--A 12 EQUAL NUMBER TO MEMBERS SELECTED PURSUANT TO CLAUSE (A) OF THIS SUBPARA- GRAPH; AND (C) A MINIMUM OF TWO ADDITIONAL REPRESENTATIVES FROM INDIGENOUS COMMU- NITIES WITHIN THE GEOGRAPHIC AREAS CONTAINING TROPICAL AND BOREAL FORESTS COVERED BY THIS SUBDIVISION. (II) THE STAKEHOLDER ADVISORY GROUP SHALL SELECT A CHAIR FROM AMONG ITS MEMBERS, SUBJECT TO APPROVAL BY A MAJORITY OF MEMBERS. (III) MEMBERS OF THE STAKEHOLDER ADVISORY GROUP SHALL RECEIVE NO SALA- RY, BUT SHALL BE REIMBURSED BY THE OFFICE OF GENERAL SERVICES FOR ANY NECESSARY TRAVEL EXPENSES RELATED TO PARTICIPATING IN THE STAKEHOLDER ADVISORY GROUP. G. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-THREE, THE OFFICE OF GENERAL SERVICES SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION OF THIS SUBDIVISION. SUCH REGULATIONS SHALL BE DEVELOPED IN CONSULTATION WITH THE STAKEHOLDER ADVISORY GROUP ESTABLISHED IN PARAGRAPH F OF THIS SUBDI- VISION AND THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSER- VATION. SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF THE FOLLOWING: (I) A LIST OF FOREST-RISK COMMODITIES SUBJECT TO THE REQUIREMENTS OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, PALM OIL, SOY, BEEF, COFFEE, WOOD PULP, PAPER, LOGS, AND LUMBER. THE LIST SHALL BE REVIEWED AND UPDATED AT LEAST EVERY THREE YEARS. WHEN EVALUATING INCLUSION OF ADDITIONAL COMMODITIES IN THE LIST, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL CONSIDER THE IMPACT OF THE COMMODITY AS A DRIVER OF TROPICAL OR BOREAL DEFORESTATION OR INTACT FOREST DEGRADATION, THE STATE OF EXISTING SUPPLY CHAIN TRANSPARENCY AND TRACEABILITY SYSTEMS FOR THE COMMODITY, AND THE FEASIBILITY OF INCLUDING THE COMMODITY IN THE REQUIREMENTS OF PARAGRAPH B OF THIS SUBDIVISION. THE FIRST REVIEW SHALL INCLUDE, BUT NOT BE LIMITED TO EVALUATION OF COCOA, RUBBER, LEATHER AND OTHER CATTLE-DERIVED PRODUCTS. (II) A LIST OF PRODUCTS DERIVED WHOLLY OR IN PART FROM FOREST-RISK COMMODITIES. (III) A LIST OF PRODUCTS FURNISHED TO THE STATE OR USED BY STATE CONTRACTORS IN HIGH-VOLUME PURCHASES THAT CONTAIN OR ARE COMPRISED WHOL- LY OR IN PART OF FOREST-RISK COMMODITIES. (IV) A SET OF RESPONSIBLE SOURCING GUIDELINES AND POLICIES DERIVED FROM BEST PRACTICES IN SUPPLY CHAIN TRANSPARENCY TO THE POINT-OF-ORIGIN. (V) GUIDANCE TO ASSIST CONTRACTORS IN IDENTIFYING FOREST-RISK COMMOD- ITIES IN THEIR SUPPLY CHAIN, PERFORMING NECESSARY DUE DILIGENCE TO MEET THE REQUIREMENTS OF THIS SUBDIVISION, AND CERTIFYING THAT THE COMMODITY DID NOT CONTRIBUTE TO TROPICAL OR BOREAL DEFORESTATION OR INTACT FOREST DEGRADATION. (VI) A LIST OF FAVORED SUPPLIERS OF FOREST-RISK COMMODITIES AND PRODUCTS DERIVED THEREFROM WHOSE PRODUCTS HAVE BEEN DETERMINED TO MEET THE REQUIREMENTS OF THIS SUBDIVISION. (VII) THE FULL SET OF REQUIREMENTS FOR A LARGE CONTRACTOR'S FOREST POLICY PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF THIS SUBDIVISION. (VIII) THE PROCESS THROUGH WHICH CONTRACTORS SHALL CERTIFY TO THE OFFICE OF GENERAL SERVICES THAT THEY ARE IN COMPLIANCE WITH PARAGRAPH B OF THIS SUBDIVISION. (IX) A PROCESS FOR ENSURING THAT DETAILS OF CERTIFIED CONTRACTS ARE MADE AVAILABLE FOR PUBLIC INSPECTION ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES. (X) AN EASILY ACCESSIBLE PROCEDURE TO RECEIVE PUBLIC COMPLAINTS AND INFORMATION REGARDING VIOLATIONS OF THIS SUBDIVISION. A. 6872--A 13 H. (I) AT ANY TIME AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR, BUT NO LESS FREQUENTLY THAN EVERY SIX MONTHS THEREAFTER, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL SUBMIT TO THE STAKEHOLDER ADVISORY GROUP ESTABLISHED IN PARAGRAPH F OF THIS SUBDIVISION THE DETAILS OF ALL CONTRACTS CERTIFIED UNDER THIS SUBDIVISION. THE STAKEHOLDER ADVISORY GROUP SHALL ASSESS THE COMPLIANCE OF ALL OR A REPRESENTATIVE SUBSET OF ALL CONTRACTS WITH THE REQUIREMENTS OF THIS SUBDIVISION. FOLLOWING SUCH ASSESSMENT, AND SUBJECT TO APPROVAL BY A MAJORITY OF MEMBERS, THE STAKE- HOLDER ADVISORY GROUP MAY: A. MAKE RECOMMENDATIONS TO THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES REGARDING CHANGES TO THE REGULATIONS IMPLEMENTING THIS SUBDIVI- SION. B. MAKE RECOMMENDATIONS TO THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, THE OFFICE OF THE STATE COMPTROLLER, OR A CONTRACTING AGENCY OR AUTHORITY REGARDING DEFICIENCIES IN CONTRACT CERTIFICATIONS, VIOLATIONS OF THIS SUBDIVISION, AND/OR ENFORCEMENT ACTIONS. (II) ALL WORK PRODUCTS PRODUCED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL BE MADE AVAILABLE TO THE PUBLIC ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES. I. (I) NOT LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-THREE, THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, SHALL COMPLETE A STUDY TO DETERMINE WHETHER OR NOT THE REQUIREMENTS OF THIS SUBDIVISION SHALL APPLY TO FOREST-RISK COMMODITIES ORIGINATING IN BOREAL FORESTS. (II) IN COMPLETING SUCH STUDY, THE DEPARTMENT OF ENVIRONMENTAL CONSER- VATION SHALL CONSULT WITH INDIVIDUALS, INCLUDING ACADEMICS AND EXPERTS FROM NONGOVERNMENTAL ORGANIZATIONS, HAVING EXPERTISE IN FOREST SUSTAINA- BILITY, BIODIVERSITY, AND CLIMATE SCIENCE, AS WELL AS REPRESENTATIVES OF INDIGENOUS COMMUNITIES LOCATED WITHIN BOREAL REGIONS, AND HOLD AT LEAST ONE PUBLIC HEARING, AND MAY BASE STUDY FINDINGS ON EXISTING LITERATURE. (III) SUCH STUDY SHALL EXAMINE, BUT NOT BE LIMITED TO, THE FOLLOWING CONSIDERATIONS: A. THE SHORT- AND LONG-TERM IMPACT ON GREENHOUSE GAS EMISSIONS, BIODI- VERSITY, ECOSYSTEM FUNCTION, AND CLIMATE RESILIENCE, OF CLEARCUTTING INTACT BOREAL FORESTS. B. THE DIFFERENTIAL IMPACT ON GREENHOUSE GAS EMISSIONS, BIODIVERSITY, ECOSYSTEM FUNCTION, AND CLIMATE RESILIENCE OF CLEARCUTTING INTACT BOREAL FOREST VERSUS PREVIOUSLY LOGGED OR SECOND-GROWTH FOREST, WITHIN 30-YEAR, 50-YEAR, AND 100-YEAR TIMEFRAMES. C. THE DIFFERENTIAL IMPACT ON GREENHOUSE GAS EMISSIONS, BIODIVERSITY, ECOSYSTEM FUNCTION, AND CLIMATE RESILIENCE OF CLEARCUTTING INTACT BOREAL FOREST VERSUS NO INDUSTRIAL FORESTRY ACTIVITY, WITHIN 30-YEAR, 50-YEAR, AND 100-YEAR TIMEFRAMES. D. THE ACTUAL CARBON STORAGE CAPACITY OF VARIOUS HARVESTED WOOD PRODUCTS, AND THE PERCENTAGE OF LOGGED BOREAL BIOMASS IN EACH OF THE BOREAL COUNTRIES (RUSSIA, CANADA, THE UNITED STATES, FINLAND, SWEDEN, NORWAY, ICELAND, CHINA, JAPAN) THAT ENDS UP IN LONG-LASTING VERSUS SHORT-TERM CONSUMABLE END USES. E. THE EFFECTIVENESS OF EXISTING AVAILABLE CERTIFICATION SCHEMES IN USE IN EACH OF THE BOREAL COUNTRIES IN ENSURING COMPLIANCE WITH THE GOALS OF THIS SUBDIVISION. F. AN INDEPENDENT ASSESSMENT OF THE CURRENT GREENHOUSE GAS FOOTPRINT OF THE FOREST PRODUCTS INDUSTRY IN EACH OF THE BOREAL COUNTRIES. A. 6872--A 14 G. AN INDEPENDENT ASSESSMENT OF WHETHER CURRENT FOREST MANAGEMENT POLICIES IN EACH OF THE BOREAL COUNTRIES ARE SUFFICIENT TO PREVENT THE FORESTRY INDUSTRY'S ROLE IN THE DECLINE OF AT-RISK SPECIES. H. THE EFFECTIVENESS OF THE FORESTRY POLICIES OF EACH OF THE BOREAL COUNTRIES IN ENSURING THE FREE, PRIOR, AND INFORMED CONSENT OF INDIGE- NOUS PEOPLES AFFECTED BY INDUSTRIAL LOGGING WITHIN THE BOREAL FOREST. I. THE EFFECTIVENESS OF REPLANTING PRACTICES IN RESTORING THE ORIGINAL ECOLOGICAL BENEFITS OF INTACT BOREAL FOREST THAT HAS BEEN LOGGED, AND THE TIMESCALE FOR RESTORING THESE BENEFITS. (IV) THE REQUIREMENTS OF THIS SUBDIVISION SHALL APPLY TO ALL FOREST- RISK COMMODITIES UNLESS THE COMMISSIONER OF THE DEPARTMENT OF ENVIRON- MENTAL CONSERVATION AND THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES HAVE, NOT LATER THAN JUNE FIRST, TWO THOUSAND TWENTY-THREE, JOINTLY DESIGNATED THE PROVISIONS OF THIS ACT INAPPLICABLE TO FOREST- RISK COMMODITIES ORIGINATING IN BOREAL FORESTS BASED ON THE RESULTS OF THE STUDY PROVIDED FOR IN THIS PARAGRAPH. J. (I) THE CERTIFICATION REQUIREMENTS SET FORTH IN THIS SUBDIVISION SHALL NOT APPLY TO A CREDIT CARD PURCHASE OF GOODS OF TWO THOUSAND FIVE HUNDRED DOLLARS OR LESS. (II) THE TOTAL AMOUNT OF GOODS EXEMPTED PURSUANT TO SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT EXCEED SEVEN THOUSAND FIVE HUNDRED DOLLARS PER YEAR FOR EACH CONTRACTOR FROM WHICH A STATE AGENCY OR AUTHORITY IS PURCHASING GOODS BY CREDIT CARD. IT SHALL BE THE RESPONSIBILITY OF EACH STATE AGENCY TO MONITOR THE USE OF THIS EXEMPTION AND ADHERE TO THESE RESTRICTIONS ON THESE PURCHASES. K. THIS SUBDIVISION SHALL APPLY TO ALL CONTRACTS ENTERED INTO, EXTENDED, OR RENEWED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY- FOUR. L. COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION AND BIENNIALLY THEREAFTER, THE COMMISSIONER OF THE OFFICE OF GENERAL SERVICES SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON THE IMPLEMENTATION OF THIS SUBDIVISION AND SUBDIVISIONS ONE AND TWO OF THIS SECTION. § 6. This act shall take effect immediately and shall apply to all contracts and binding contractual obligations entered into on and after such effective date.
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