S. 5921--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
S. 5921--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
S. 5921--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
S. 5921--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
S. 5921--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.
S. 5921--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.
S. 5921--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.
S. 5921--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;
S. 5921--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
S. 5921--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
S. 5921--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.
S. 5921--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.
S. 5921--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.