S T A T E O F N E W Y O R K
________________________________________________________________________
2865--A
2021-2022 Regular Sessions
I N S E N A T E
January 26, 2021
___________
Introduced by Sen. KAVANAGH -- read twice and ordered printed, and when
printed to be committed to the Committee on Procurement and Contracts
-- committee discharged, bill amended, ordered reprinted as amended
and recommitted to said committee
AN ACT to amend the state finance law, in relation to the definition and
purchase of tropical hardwoods
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 1 of section 165 of the state finance law is
amended by adding six new paragraphs f, g, h, i, j and k to read as
follows:
F. "SUSTAINED MANAGED FOREST" MEANS A FOREST THAT HAS BEEN CERTIFIED
BY A FOREST CERTIFIER.
G. "FOREST CERTIFIER" MEANS AN INDEPENDENT, THIRD PARTY ORGANIZATION
THAT CONDUCTS COMPREHENSIVE ASSESSMENTS OF FOREST MANAGEMENT PRACTICES
AND ENVIRONMENTAL PERFORMANCE.
H. "CHAIN OF CUSTODY" MEANS A PROCESS THAT PROVIDES DOCUMENTARY
EVIDENCE VERIFYING THAT A GIVEN WOOD PRODUCT IS DERIVED FROM A CERTIFIED
FOREST OF ORIGIN.
I. "CHAIN OF CUSTODY CERTIFIER" MEANS AN INDEPENDENT THIRD PARTY
ORGANIZATION THAT CERTIFIES CHAIN OF CUSTODY.
J. "ENVIRONMENTALLY PREFERABLE BUILDING MATERIAL" MEANS ONE OR MORE OF
THE FOLLOWING:
(I) RECLAIMED WOOD PRODUCTS;
(II) BIOBASED MATERIAL; OR
(III) RECYCLED PLASTIC AND OTHER RECYCLED MATERIALS.
K. "THIRD PARTY" MEANS AN ENTITY WHICH DOES NOT HAVE AN EQUITY INTER-
EST IN THE LAND OR THE MANAGEMENT OF THE FORESTS BEING EVALUATED, AND
INDEPENDENT FROM ANY TIMBER TRADE ASSOCIATION.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06316-02-1
S. 2865--A 2
§ 2. Paragraph a 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:
a. Except as hereinafter provided, the state and any governmental
agency or political subdivision or public benefit corporation of the
state shall not purchase or obtain for any purpose any tropical hard-
woods or tropical hardwood products, wholesale or retail, in any form,
AND SHALL SEEK TO MAXIMIZE THE USE OF ENVIRONMENTALLY PREFERABLE BUILD-
ING MATERIALS BY WHATEVER MEANS PRACTICABLE BY LAW.
§ 3. Section 165 of the state finance law is amended by adding a new
subdivision 2-a to read as follows:
2-A. ELIGIBLE CERTIFIER LIST. A. THE DEPARTMENT OF ENVIRONMENTAL
CONSERVATION SHALL CREATE A LIST OF ELIGIBLE FOREST CERTIFIERS AND CHAIN
OF CUSTODY CERTIFIERS.
B. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS WHEN SPECIFY-
ING THE INFORMATION THAT FOREST CERTIFIERS AND CHAIN OF CUSTODY CERTIFI-
ERS PROVIDE IN ORDER TO BE DEEMED ELIGIBLE FOR THE PURPOSES OF FULFILL-
ING THE ELIGIBILITY REQUIREMENTS OF THIS SECTION. SUCH ELIGIBILITY
REQUIREMENTS SHALL INCLUDE BUT NOT BE LIMITED TO:
(I) CONDUCTING ON THE GROUND AUDITS, USING AN INTERDISCIPLINARY TEAM
OF EXPERTS TO EVALUATE THE ECOLOGICAL, SOCIAL, AND ECONOMIC IMPACT OF
FOREST MANAGEMENT PRACTICES; AND
(II) SEPARATE CHAIN OF CUSTODY CERTIFICATION, LINKING EACH CERTIFIED
FOREST PRODUCT TO ITS CERTIFIED FOREST OF ORIGIN.
C. ONCE THE DEPARTMENT HAS DETERMINED THAT A CERTIFIER HAS MET THE
ELIGIBILITY REQUIREMENTS SPECIFIED, THE CERTIFIER SHALL BE DEEMED TO BE
AN APPROVED AND ELIGIBLE CERTIFIER FOR PURPOSES OF THIS SECTION.
§ 4. Subdivision 2 of section 165 of the state finance law is amended
by adding a new paragraph e to read as follows:
E. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT ANY LOCAL
GOVERNMENT FROM ADOPTING ANY LOCAL LAW, ORDINANCE, RULE OR REGULATION
GOVERNING THE PURCHASE OF COMMODITIES WHICH IS MORE RESTRICTIVE THAN THE
PROVISIONS OF THIS SECTION RELATING TO THE USE OF TROPICAL HARDWOODS OR
WOOD PRODUCTS.
§ 5. This act shall take effect on the ninetieth day after it shall
have become a law.
