S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9711
 
                           I N  A S S E M B L Y
 
                               April 3, 2024
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, L. ROSENTHAL, SIMON, COLTON, REYES,
   SIMONE, GONZALEZ-ROJAS,  KELLES,  MAMDANI,  ARDILA,  STECK,  SHRESTHA,
   BURDICK, SHIMSKY, GALLAGHER, STIRPE, RAMOS, OTIS, FAHY, THIELE, CLARK,
   BORES,  RAGA,  LEVENBERG, CRUZ, ANDERSON, GLICK, EPSTEIN, LEE, GUNTHER
   -- read once and referred to the Committee on Governmental Operations

 AN ACT to amend the state finance law, in relation to enacting the trop-
   ical rainforest economic & environmental sustainability  act;  and  to
   amend  the  economic  development law, in relation to establishing the
   supply chain transparency assistance program
 
   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 "tropical
 rainforest economic & environmental sustainability 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. 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 Intergovernmental  Science-Policy  Platform  on
 Biodiversity  and  Ecosystem  Services  reported  in  2019 that around 1
 million animal and plant species are  now  threatened  with  extinction,
 many  within  decades,  more  than ever before in human history. This is
 directly linked to habitat loss, with more than a third of  the  world's
 land  surface  and nearly 75 percent of freshwater resources now devoted
 to crop or livestock production.
   3. 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.
   4. It has been estimated that at  least  30  percent  of  the  world's
 greenhouse gas emissions come from deforestation and forest degradation.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07504-08-4
 A. 9711                             2
 
 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.
   5. 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.
   6. 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.  However, our statutory goals miss an important element of
 our climate footprint represented by our exported emissions,  the  emis-
 sions  created  by  the  goods we consume. A significant portion of this
 footprint is driven by tropical deforestation.
   7. 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 conservationists and land defenders.
   8. Tropical deforestation in many countries is also closely associated
 with  illegal wildlife trafficking, including, but not limited to, vari-
 ous bird and reptile species, and many primate species, including  great
 apes, pangolins, and orangutans, as well as many tree and plant species,
 including  mahoganies,  rosewoods,  ebony,  and  ipe,  all of which have
 recently been listed on the Convention of International Trade in  Endan-
 gered Species of Fauna and Flora (CITES).
   9.  The primary factors leading to tropical deforestation are 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, paper, palm oil, soy, and livestock industries, among
 others. Together, these are increasingly known as  "forest-risk  commod-
 ities".
   10.  New York is inadvertently promoting and sanctioning deforestation
 and  forest  degradation through the purchase of goods and products that
 have been produced in supply chains that contribute to tropical defores-
 tation and tropical forest degradation.
   11. 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.
   12.  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 deforestation or tropical 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.  (I) "Tropical hardwood" shall mean any and all hardwood, scientif-
 ically classified as angiosperm, that  grows  in  any  tropical  [moist]
 forest.  Tropical hardwoods shall [be] INCLUDE BUT NOT BE LIMITED TO the
 following species:
      Scientific Name                     EXAMPLES OF Common [Name]
                                          NAMES
      PRUNUS AFRICANA                     AFRICAN CHERRY, RED STINKWOOD
      CARYOCAR COSTARICENSE               AJO, AJI
      CALOPHYLLUM SPP.                    BINTANGOR
 A. 9711                             3

      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
      [Guibourtis] 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]
      [Guibourtis] GUIBOURTIA arnoldiana
 A. 9711                             4

                                          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, MACASSAR
                                          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. 9711                             5
 
      DRYOBALANOPS SPP.                   KAPUR, KELADAN
      KOOMPASSIA MALACCENSIS              KEMPAS, IMPAS
      Acacia koa                          Koa
      [Entandrophragm a] ENTANDROPHRAGMA CKOSIPO,IOMU
      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,
                                          BELLA ROSA
      MORA EXCELSA                        MORA
      Distemonanthus benthamianus         Movingui, AYAN
      TERMINALIA AMAZONIA                 NARGUSTA
      PTEROCARPUS SPP.                    NARRA, AMBYNA, PAPUA NEW GUINEA
                                          ROSEWOOD, RED SANDERS, MUKULA,
                                          KOSSO, ZITAN, HONGMU, PANDAUK,
                                          VERMILLION WOOD
      PALAQUIUM SPP.                      NYATOH, PADANG, PENCIL CEDAR
      TRIPLOCHITON SCLEROXYLON            OBECHE, SAMBA
      NAUCLEA DIDERRICHII                 OPEPE, SIBO
      [Pterocarpus soyauxii]              [African Padauk]
      [Pterocarpus angolensis]            [Angola Padauk]
      MILLETTIA STUHLMANNII               PANGA PANGA
      BALFOURODENDRON RIEDELIANUM         PAU MARFIM
      Aspidosperma spp.                   Peroba, ROSA
      PARATECOMA PEROBA                   PEROBA BRANCA
 A. 9711                             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
      [Entandrophragm a] 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, TROPICAL 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
 
   (II)  NO  LATER  THAN JANUARY FIRST, TWO THOUSAND TWENTY-SEVEN, AND AT
 LEAST EVERY THREE YEARS THEREAFTER, THE OFFICE OF GENERAL  SERVICES,  IN
 CONSULTATION  WITH  THE  DEPARTMENT OF ENVIRONMENTAL CONSERVATION, SHALL
 THROUGH REGULATIONS UPDATE THE LIST  OF  TROPICAL  HARDWOOD  SPECIES  IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH TO ENSURE THAT SUCH LIST INCLUDES ALL
 SUCH  SPECIES  THAT ARE CURRENTLY AVAILABLE OR MAY BE MADE AVAILABLE FOR
 COMMERCIAL USE IN THE UNITED STATES, REFLECTING THE MOST CURRENT DATA ON
 PRODUCTION, TRADE, AND MARKETING, AND TO  ACCOUNT  FOR  ANY  CHANGES  IN
 TAXONOMY,  MARKETING  OR TRADE NAMES, MARKET PREFERENCE, USAGE, OR OTHER
 FACTORS. SPECIES SHALL NOT BE REMOVED FROM THE LIST OF  EXAMPLES  EXCEPT
 FOR PURPOSES OF CORRECTING ERRORS.
   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) TROPICAL FORESTS IDENTIFIED BY MULTI-OB-
 JECTIVE  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
 A. 9711                             7
 
 APPROACH,  OR BY ANOTHER METHODOLOGY WITH EQUIVALENT OR HIGHER STANDARDS
 THAT INCLUDES PRIMARY FORESTS  AND  TROPICAL  PEATLANDS  OF  ANY  DEPTH.
 "TROPICAL FORESTS" SHALL NOT INCLUDE TREE PLANTATIONS OF ANY TYPE.
   d.  "Tropical  HARDWOOD products" shall mean any wood products, whole-
 sale or retail, in any form,  including  but  not  limited  to  PLYWOOD,
 veneer,  furniture,  cabinets, paneling, SIDING, moldings, DOORS, doors-
 kins, joinery, 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. "TROPICAL PEATLANDS" MEANS WETLANDS WITH A LAYER OF PEAT MADE UP OF
 DEAD  AND  DECAYING  PLANT  MATERIAL. TROPICAL PEATLANDS INCLUDES MOORS,
 BOGS, MIRES, AND PEAT SWAMP FORESTS.
   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. Paragraphs b and d of subdivision 2 of section 165 of  the  state
 finance law, as added by chapter 83 of the laws of 1995, are amended and
 three new paragraphs e, f, and g are added 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].
   d. The provisions of paragraph c of this subdivision shall not apply:
   (i) To bid packages advertised and made available to the public or any
 competitive and sealed bids received or entered  into  prior  to  August
 twenty-fifth, nineteen hundred ninety-one; or
   (ii)  To  any  amendment, modification or renewal of a contract, which
 contract was entered into prior to August twenty-fifth, nineteen hundred
 ninety-one, where such application would delay timely  completion  of  a
 project or involve an increase in the total monies to be paid under that
 contract; or
   (iii) Where the contracting officer finds that[:
 A. 9711                             8

   (A)  No  person  or  entity  doing business in the state is capable of
 performing the contract using acceptable non-tropical hardwood  species;
 or
   (B)  The] 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[; or
   (C) The use of tropical woods is  deemed  necessary  for  purposes  of
 historical  restoration  and  there  exists no available acceptable non-
 tropical wood species].
   E. THE USE OF ANY TROPICAL HARDWOOD OR TROPICAL  HARDWOOD  PRODUCT  AS
 PART  OF  THE  CONSTRUCTION, RENOVATION, MAINTENANCE, OR INSTALLATION OF
 ANY PUBLIC WORK, BUILDING OR OTHER STRUCTURE, OR  IMPROVEMENT  ON  LANDS
 OWNED  OR  MANAGED  BY THE STATE OR ANY GOVERNMENTAL AGENCY OR POLITICAL
 SUBDIVISION OR PUBLIC BENEFIT CORPORATION OF THE STATE SHALL BE  PROHIB-
 ITED,  EXCEPT  WHERE  SUCH  PROHIBITION WOULD VIOLATE OR BE INCONSISTENT
 WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION OR CONTRACT WITH AN
 AGENCY OF THE UNITED STATES OR THE INSTRUCTIONS OF AN AUTHORIZED  REPRE-
 SENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION,
 OR CONTRACT.
   F.  (I)  UNTIL  JANUARY  FIRST, TWO THOUSAND THIRTY, THE PROVISIONS OF
 PARAGRAPHS A, C, AND E OF THIS SUBDIVISION SHALL NOT APPLY TO THE USE OF
 EKKI WOOD BY THE METROPOLITAN TRANSPORTATION AUTHORITY FOR  THE  PURPOSE
 OF  RAILROAD TIES IN THE NEW YORK CITY TRANSIT SYSTEM, PROVIDED THAT THE
 METROPOLITAN TRANSPORTATION  AUTHORITY  SHALL,  NO  LATER  THAN  OCTOBER
 FIRST,  TWO THOUSAND TWENTY-FIVE, AFTER PROVIDING NOTICE AND AN OPPORTU-
 NITY FOR PUBLIC COMMENT, DEVELOP  AND  ISSUE  AN  EKKI  TRANSITION  PLAN
 OUTLINING  THE  STEPS THE AUTHORITY WILL TAKE TO MINIMIZE AND EVENTUALLY
 PHASE OUT THE USE OF EKKI WOOD. SUCH PLAN SHALL BE MADE PUBLICLY  AVAIL-
 ABLE  ON THE AUTHORITY'S WEBSITE. NO LATER THAN OCTOBER FIRST, TWO THOU-
 SAND TWENTY-SIX, AND ANNUALLY THEREAFTER UNTIL THE  EXPIRATION  OF  THIS
 PARAGRAPH,  THE  AUTHORITY  SHALL  ISSUE  A  PUBLIC REPORT OUTLINING ITS
 PROGRESS TOWARD ACHIEVING SUCH PLAN.
   (II) IF, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-NINE, THE DIREC-
 TOR OF THE BUDGET ISSUES A DETERMINATION, AFTER PROVIDING NOTICE AND  AN
 OPPORTUNITY  FOR PUBLIC COMMENT, THAT THE AUTHORITY HAS MADE SIGNIFICANT
 PROGRESS IN PHASING OUT THE USE OF EKKI WOOD, BUT THAT A FULL PHASE  OUT
 HAS  BEEN DELAYED DUE TO TECHNICAL, FINANCIAL, OR SAFETY CONSIDERATIONS,
 THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS  PARAGRAPH  MAY  BE  EXTENDED
 UNTIL  DECEMBER  THIRTY-FIRST  OF  THE  SUBSEQUENT CALENDAR YEAR.   SUCH
 DETERMINATION MAY BE MADE ANNUALLY THEREAFTER, ON OR AFTER  APRIL  FIRST
 OF  SUBSEQUENT  YEARS,  PROVIDED  THAT  UNDER NO CIRCUMSTANCES SHALL THE
 PROVISIONS OF THIS PARAGRAPH EXTEND BEYOND JANUARY FIRST,  TWO  THOUSAND
 THIRTY-FIVE.
   G.  (I)  UNTIL  JANUARY  FIRST, TWO THOUSAND THIRTY, THE PROVISIONS OF
 PARAGRAPHS A, C, AND E OF THIS SUBDIVISION SHALL NOT APPLY TO THE USE OF
 GREENHEART WOOD BY A FERRY SERVICE DIRECTLY OWNED  AND  OPERATED  BY  AN
 AGENCY  OF  A  CITY  OF  ONE  MILLION OR MORE, PROVIDED THAT SUCH AGENCY
 SHALL, NO LATER THAN OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-FIVE,  AFTER
 PROVIDING  NOTICE  AND  AN  OPPORTUNITY  FOR PUBLIC COMMENT, DEVELOP AND
 ISSUE A GREENHEART TRANSITION PLAN OUTLINING THE STEPS SUCH AGENCY  WILL
 TAKE  TO  MINIMIZE  AND EVENTUALLY PHASE OUT THE USE OF GREENHEART WOOD.
 SUCH PLAN SHALL BE MADE PUBLICLY AVAILABLE ON THE AGENCY'S  WEBSITE.  NO
 LATER  THAN  OCTOBER FIRST, TWO THOUSAND TWENTY-SIX, AND ANNUALLY THERE-
 A. 9711                             9
 
 AFTER UNTIL THE EXPIRATION OF THIS PARAGRAPH, THE AGENCY SHALL  ISSUE  A
 PUBLIC REPORT OUTLINING ITS PROGRESS TOWARD ACHIEVING SUCH PLAN.
   (II) IF, ON OR AFTER APRIL FIRST, TWO THOUSAND TWENTY-NINE, THE DIREC-
 TOR  OF THE BUDGET ISSUES A DETERMINATION, AFTER PROVIDING NOTICE AND AN
 OPPORTUNITY FOR PUBLIC COMMENT, THAT SUCH AGENCY  HAS  MADE  SIGNIFICANT
 PROGRESS  IN  PHASING  OUT  THE  USE OF GREENHEART WOOD, BUT THAT A FULL
 PHASE OUT HAS BEEN  DELAYED  DUE  TO  TECHNICAL,  FINANCIAL,  OR  SAFETY
 CONSIDERATIONS, THE PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY
 BE EXTENDED UNTIL DECEMBER THIRTY-FIRST OF THE SUBSEQUENT CALENDAR YEAR.
 SUCH  DETERMINATION  MAY  BE MADE ANNUALLY THEREAFTER, ON OR AFTER APRIL
 FIRST OF SUBSEQUENT YEARS, PROVIDED THAT UNDER  NO  CIRCUMSTANCES  SHALL
 THE  PROVISIONS OF THIS PARAGRAPH EXTEND BEYOND JANUARY FIRST, TWO THOU-
 SAND THIRTY-FIVE.
   § 5. Section 165 of the state finance law is amended by adding  a  new
 subdivision 9 to read as follows:
   9.  TROPICAL  DEFORESTATION-FREE  PROCUREMENT. A. FOR PURPOSES OF THIS
 SUBDIVISION, 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)  "TROPICAL  FOREST-RISK  COMMODITY"  MEANS  ANY COMMODITY AND ITS
 DERIVED PRODUCTS, INCLUDING AGRICULTURAL  AND  NON-AGRICULTURAL  COMMOD-
 ITIES  BUT  EXCLUDING  TROPICAL  HARDWOOD AND TROPICAL HARDWOOD PRODUCTS
 COVERED BY SUBDIVISIONS 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  DEFORESTATION  OR
 TROPICAL FOREST DEGRADATION HAS OCCURRED OR IS LIKELY TO OCCUR. TROPICAL
 FOREST-RISK COMMODITIES INCLUDE PALM OIL, SOY, BEEF, COFFEE, COCOA, WOOD
 PULP,  PAPER  AND ANY ADDITIONAL COMMODITIES DEFINED BY THE COMMISSIONER
 PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH G OF THIS SUBDIVISION, BUT  DO
 NOT INCLUDE RECOVERED FIBER.
   (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-
 A. 9711                            10
 
 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)  "TREE  PLANTATION" MEANS AN AREA OF LAND PREDOMINANTLY COMPOSED
 OF TREES ESTABLISHED THROUGH PLANTING AND/OR DELIBERATE SEEDING, USUALLY
 BY PLANTING ONE OR  TWO  SPECIES,  FOR  THE  PURPOSE  OF  PRODUCING  AND
 HARVESTING  A  PARTICULAR  COMMODITY.  TREE  PLANTATION DOES NOT INCLUDE
 FOREST PLANTED FOR ECOSYSTEM RESTORATION.
   (VIII) "TROPICAL DEFORESTATION" MEANS DIRECT HUMAN-INDUCED  CONVERSION
 OF  TROPICAL FOREST TO AGRICULTURE, A TREE PLANTATION, OR OTHER NON-FOR-
 EST LAND USE.
   (IX) "TROPICAL FOREST DEGRADATION" MEANS DIRECT  HUMAN-INDUCED  SEVERE
 AND  SUSTAINED DEGRADATION OF A TROPICAL FOREST RESULTING IN SIGNIFICANT
 FOREST LOSS AND/OR A PROFOUND CHANGE IN SPECIES COMPOSITION,  STRUCTURE,
 OR ECOLOGICAL FUNCTION OF THAT FOREST.
   (X)   "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.
   (XI) "SMALL BUSINESS" MEANS SMALL BUSINESS AS DEFINED IN  SECTION  ONE
 HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
   (XII)  "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.
   (XIII)  "MINORITY-OWNED BUSINESS ENTERPRISE" SHALL HAVE THE SAME MEAN-
 ING AS IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   (XIV) "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
 TROPICAL FOREST-RISK COMMODITY SHALL REQUIRE THAT THE CONTRACTOR  CERTI-
 FY,  AFTER  COMPLETING NECESSARY DUE DILIGENCE MEASURES AS DETERMINED BY
 THE COMMISSIONER PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION,  THAT,  TO
 THE  BEST  OF  THE  CONTRACTOR'S KNOWLEDGE, THE PRODUCT FURNISHED TO THE
 STATE PURSUANT TO THE CONTRACT DOES NOT  CONTAIN  ANY  COMMODITIES  THAT
 WERE  EXTRACTED  FROM, GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED ON
 LAND  WHERE  TROPICAL  DEFORESTATION  OR  TROPICAL  FOREST   DEGRADATION
 OCCURRED  ON  OR  AFTER  JANUARY  FIRST,  TWO THOUSAND TWENTY-THREE. 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 OF THIS PARAGRAPH.
   (III)  CONTRACTORS SHALL EXERCISE DUE DILIGENCE IN ENSURING THAT THEIR
 SUBCONTRACTORS COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH.  CONTRAC-
 A. 9711                            11
 
 TORS SHALL REQUIRE EACH SUBCONTRACTOR TO CERTIFY THAT THE  SUBCONTRACTOR
 IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS PARAGRAPH.
   (IV)  IN  ADDITION  TO THE REQUIREMENTS OF SUBPARAGRAPHS (I), (II) AND
 (III) OF THIS PARAGRAPH, LARGE CONTRACTORS  SUBJECT  TO  THIS  PARAGRAPH
 MUST  CERTIFY  THAT  THEY  HAVE  ADOPTED  A  TROPICAL FOREST POLICY THAT
 COMPLIES WITH REGULATIONS ISSUED PURSUANT TO SUBPARAGRAPH (VI) OF  PARA-
 GRAPH G OF THIS SUBDIVISION.  SUCH TROPICAL FOREST POLICY AND ALL CORRE-
 SPONDING  DATA  SHALL BE MADE PUBLICLY AVAILABLE, AND SHALL AT A MINIMUM
 EXPLICITLY AIM TO ACHIEVE ALL OF THE FOLLOWING:
   A. DUE DILIGENCE MEASURES TO IDENTIFY THE POINT-OF-ORIGIN OF  TROPICAL
 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 TROP-
 ICAL 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 DEFORESTATION OR TROPICAL FOREST DEGRADATION, INCLUDING:
   (1) NO DEVELOPMENT IN TROPICAL FORESTS, AND THAT THE PRODUCT DOES  NOT
 ORIGINATE  FROM  A SITE WHERE COMMODITY PRODUCTION HAS REPLACED TROPICAL
 FORESTS AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE;
   (2) NO DEVELOPMENT OF HIGH CARBON STOCK (HCS) FORESTS;
   (3) NO DEVELOPMENT OF HIGH CONSERVATION VALUE (HCV) AREAS;
   (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 TROPICAL 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  THIS  PARAGRAPH  SHALL NOT APPLY TO PRIMARY,
 SECONDARY, OR TERTIARY PACKAGING USED FOR THE  PURPOSE  OF  CONTAINMENT,
 A. 9711                            12
 
 PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION, OR PRESENTATION
 OF A COVERED PRODUCT.
   (VI)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY WHEN THE INCLU-
 SION 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  REPRE-
 SENTATIVE  OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION
 OR CONTRACT.
   (VII) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IF THE HEAD  OF
 THE  CONTRACTING  STATE  AGENCY  OR AUTHORITY ISSUING A SOLICITATION FOR
 PRODUCTS COMPRISED WHOLLY OR IN PART OF TROPICAL FOREST-RISK COMMODITIES
 ISSUES A DETERMINATION, AFTER PROVIDING NOTICE AND  AN  OPPORTUNITY  FOR
 PUBLIC  COMMENT,  WITH  THE APPROVAL OF THE DIRECTOR OF THE BUDGET, THAT
 UPON THE CLOSING OF SUCH SOLICITATION SUCH PROVISIONS HAVE  RESULTED  IN
 THE  FAILURE  TO RECEIVE ANY OFFERS IN RESPONSE TO SUCH SOLICITATION AND
 THAT THERE IS NO ALTERNATIVE PRODUCT AVAILABLE THAT IS ABLE TO MEET  THE
 GENERALLY  ACCEPTED  STANDARD PERFORMANCE REQUIREMENTS FOR THE SPECIFIED
 APPLICATION WITHIN SUCH SOLICITATION. SUCH DETERMINATION  SHALL  EXPLAIN
 IN  DETAIL  THE  NECESSITY OF SUCH EXEMPTION FOR EACH SPECIFIED APPLICA-
 TION, INCLUDING A LIST OF ALL AVAILABLE ALTERNATIVE PRODUCTS  CONSIDERED
 AND  AN  EXPLANATION  AS  TO WHY EACH PRODUCT DOES NOT MEET THE RELEVANT
 GENERALLY ACCEPTED PERFORMANCE REQUIREMENTS. SUCH DETERMINATION SHALL BE
 MADE PUBLICLY AVAILABLE, IN WRITING, ON THE WEBSITE  OF  THE  OFFICE  OF
 GENERAL  SERVICES  AND  THE RELEVANT AGENCY OR AUTHORITY. IF THE HEAD OF
 THE CONTRACTING STATE AGENCY OR AUTHORITY HAS NOT ISSUED SUCH A DETERMI-
 NATION FOR THREE CONSECUTIVE YEARS, THEN THE POWER OF THE  HEAD  OF  THE
 CONTRACTING  STATE  AGENCY  OR  AUTHORITY  TO ISSUE SUCH A DETERMINATION
 SHALL BE DEEMED EXPIRED, AND ANY SUBSEQUENT DETERMINATION SHALL BE  NULL
 AND VOID.
   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 TROPICAL FOREST-RISK COMMODITY WAS FURNISHED TO THE STATE IN
 VIOLATION 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
 COMMISSIONER  OF  GENERAL  SERVICES,  SUCH  CONTRACTOR  MAY,  SUBJECT TO
 SUBPARAGRAPH (II) OF THIS PARAGRAPH, HAVE EITHER OR BOTH OF THE  FOLLOW-
 ING SANCTIONS IMPOSED:
   A.  THE  CONTRACT  UNDER  WHICH  THE  PROHIBITED  TROPICAL 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 TROPICAL FOREST-RISK COMMODITY AND
 FURNISHED TO THE STATE IN VIOLATION 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 THIS
 SUBDIVISION THAT WERE COMMITTED SOLELY  BY  A  SUBCONTRACTOR.  SANCTIONS
 DESCRIBED  UNDER  SUBPARAGRAPH  (I)  OF  THIS PARAGRAPH SHALL INSTEAD BE
 IMPOSED AGAINST THE SUBCONTRACTOR THAT COMMITTED THE VIOLATION.
 A. 9711                            13
 
   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  OR  WOMEN-OWNED  BUSINESS
 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 OR WOMEN-OWNED BUSINESS ENTERPRISE 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, ARTICLE FIFTEEN-A OF THE EXECUTIVE
 LAW, OR ARTICLE THREE OF THE VETERANS' SERVICES LAW.
   F. PRIOR TO ISSUING REGULATIONS PURSUANT TO PARAGRAPH G OF THIS SUBDI-
 VISION, THE COMMISSIONER OF GENERAL SERVICES SHALL CONVENE FOUR MEETINGS
 WITH RELEVANT STAKEHOLDERS, INCLUDING BUT NOT LIMITED TO:
   (I) REPRESENTATIVES OF CURRENT OR FORMER STATE CONTRACTORS DEALING  IN
 PRODUCTS  CONTAINING EACH OF THE TROPICAL FOREST-RISK COMMODITIES SPECI-
 FIED IN SUBPARAGRAPH (II) OF PARAGRAPH A OF THIS  SUBDIVISION,  WITH  AN
 EMPHASIS ON SMALL AND MEDIUM-SIZED BUSINESSES;
   (II) REPRESENTATIVES NOT AFFILIATED WITH COVERED INDUSTRIES WITH RELE-
 VANT  EXPERTISE  IN SUPPLY CHAIN TRACEABILITY, TROPICAL FOREST SUSTAINA-
 BILITY, BIODIVERSITY, CLIMATE  SCIENCE,  HUMAN  AND  LABOR  RIGHTS,  AND
 INDIGENOUS RIGHTS; AND
   (III) REPRESENTATIVES FROM INDIGENOUS COMMUNITIES WITHIN THE GEOGRAPH-
 IC AREAS CONTAINING TROPICAL FORESTS COVERED BY THIS SUBDIVISION.
   G.  ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SIX, THE COMMISSIONER
 OF GENERAL SERVICES SHALL ADOPT REGULATIONS FOR  THE  IMPLEMENTATION  OF
 THIS  SUBDIVISION.  SUCH  REGULATIONS SHALL BE DEVELOPED IN CONSULTATION
 WITH THE COMMISSIONER OF THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION.
 SUCH  REGULATIONS  SHALL  INCLUDE,  BUT  NOT  BE  LIMITED TO, ALL OF THE
 FOLLOWING:
 A. 9711                            14
 
   (I) A LIST OF TROPICAL FOREST-RISK COMMODITIES SUBJECT TO THE REQUIRE-
 MENTS OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, PALM OIL, SOY,
 BEEF, COFFEE, COCOA, WOOD PULP AND PAPER. THE LIST SHALL BE REVIEWED AND
 UPDATED AT LEAST EVERY THREE YEARS. WHEN EVALUATING INCLUSION  OF  ADDI-
 TIONAL  COMMODITIES  IN  THE  LIST, THE COMMISSIONER OF GENERAL SERVICES
 SHALL CONSIDER THE IMPACT OF THE  COMMODITY  AS  A  DRIVER  OF  TROPICAL
 DEFORESTATION  OR  TROPICAL  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
 THIS SUBDIVISION. THE FIRST REVIEW SHALL INCLUDE, BUT NOT BE LIMITED TO,
 EVALUATION OF  RUBBER,  BANANAS,  CORN,  SUGARCANE,  LEATHER  AND  OTHER
 CATTLE-DERIVED  PRODUCTS, AND MINING PRODUCTS INCLUDING PETROLEUM, COAL,
 IRON, COPPER,  GOLD,  TIN,  DIAMONDS,  MANGANESE,  BAUXITE  AND  NICKEL.
 FOLLOWING  A REVIEW OF THE LIST OF TROPICAL FOREST-RISK COMMODITIES, THE
 COMMISSIONER SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY  PRESI-
 DENT  OF  THE  SENATE,  AND  THE  SPEAKER OF THE ASSEMBLY, OUTLINING THE
 REASONS FOR THE INCLUSION OR NON-INCLUSION OF ANY REVIEWED COMMODITIES.
   (II) A LIST OF PRODUCTS  DERIVED  WHOLLY  OR  IN  PART  FROM  TROPICAL
 FOREST-RISK COMMODITIES.
   (III)  A  LIST  OF  PRODUCTS  FURNISHED  TO THE STATE OR USED BY STATE
 CONTRACTORS IN HIGH-VOLUME PURCHASES THAT MAY CONTAIN  OR  BE  COMPRISED
 WHOLLY OR IN PART OF TROPICAL FOREST-RISK COMMODITIES.
   (IV) SPECIFIC DUE DILIGENCE MEASURES BASED ON INTERNATIONAL BEST PRAC-
 TICES  FOR  SUPPLY  CHAIN TRACEABILITY AND TRANSPARENCY THAT CONTRACTORS
 MUST PERFORM BEFORE MAKING THE CERTIFICATION REQUIRED BY  THIS  SUBDIVI-
 SION.
   (V)  A  LIST  OF FAVORED SUPPLIERS OF TROPICAL FOREST-RISK COMMODITIES
 AND PRODUCTS DERIVED  THEREFROM  WHOSE PRODUCTS HAVE BEEN DETERMINED  TO
 MEET  THE  REQUIREMENTS OF THIS SUBDIVISION, AND A PROCESS THROUGH WHICH
 SUPPLIERS MAY APPLY FOR INCLUSION ON SUCH LIST.
   (VI) THE FULL SET OF REQUIREMENTS FOR A  LARGE  CONTRACTOR'S  TROPICAL
 FOREST  POLICY  PURSUANT  TO  SUBPARAGRAPH  (IV)  OF PARAGRAPH 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.
   (VIII) A PROCESS FOR ENSURING THAT DETAILS OF CERTIFICATIONS ARE  MADE
 AVAILABLE  FOR PUBLIC INSPECTION ON THE WEBSITE OF THE OFFICE OF GENERAL
 SERVICES.
   (IX) AN EASILY ACCESSIBLE PROCEDURE TO RECEIVE PUBLIC  COMPLAINTS  AND
 INFORMATION REGARDING VIOLATIONS OF THIS SUBDIVISION.
   H.  THE CERTIFICATION REQUIREMENTS SET FORTH IN THIS SUBDIVISION SHALL
 NOT APPLY TO A CREDIT CARD PURCHASE OF GOODS OF FIFTEEN THOUSAND DOLLARS
 OR LESS.
   I. THIS  SUBDIVISION  SHALL  APPLY  TO  ALL  CONTRACTS  ENTERED  INTO,
 EXTENDED, OR RENEWED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-SEV-
 EN.
   J.  COMMENCING  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
 AND BIENNIALLY THEREAFTER, THE COMMISSIONER 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. The economic development law is amended by adding a  new  article
 27 to read as follows:
                                ARTICLE 27
               SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM
 A. 9711                            15
 
 SECTION 490. DEFINITIONS.
         491. THE SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM.
   § 490. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
   1.  "SMALL  BUSINESS" MEANS A SMALL BUSINESS AS DEFINED IN SECTION ONE
 HUNDRED THIRTY-ONE OF THIS CHAPTER.
   2. "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.
   3.  "ELIGIBLE BUSINESS" SHALL MEAN ANY SMALL AND MEDIUM-SIZED BUSINESS
 AS DEFINED IN THIS ARTICLE, AND ANY  MINORITY  OR  WOMEN-OWNED  BUSINESS
 ENTERPRISE AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   4.  "SUPPLY  CHAIN"  SHALL  MEAN  A  SYSTEM OF EXTRACTION, PRODUCTION,
 TRANSPORTATION, AND DISTRIBUTION INVOLVING MULTIPLE PROCESSES, ORGANIZA-
 TIONS, INDIVIDUALS, AND RESOURCES,  BEGINNING  WITH  RAW  MATERIALS  AND
 CULMINATING IN THE DELIVERY OF A PRODUCT OR SERVICE TO A CONSUMER.
   § 491. THE  SUPPLY  CHAIN  TRANSPARENCY  ASSISTANCE  PROGRAM.  1.  THE
 DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED, WITHIN  ONE  YEAR  OF  THE
 EFFECTIVE  DATE  OF  THIS ARTICLE, TO ESTABLISH, DEVELOP, IMPLEMENT, AND
 MAINTAIN, WITHIN AVAILABLE APPROPRIATIONS, A SUPPLY  CHAIN  TRANSPARENCY
 ASSISTANCE  PROGRAM  TO  ASSIST  SMALL  AND  MEDIUM-SIZED BUSINESSES AND
 MINORITY AND WOMEN-OWNED BUSINESSES IN ACHIEVING SUPPLY CHAINS THAT ARE:
   (A) TRANSPARENT, MEANING A SUPPLY CHAIN FOR WHICH SUFFICIENT  INFORMA-
 TION  HAS BEEN DISCLOSED REGARDING ALL RELEVANT UNITS OF PRODUCTION FROM
 THE RAW MATERIAL STAGE TO THE DELIVERY OF A  PRODUCT  OR  SERVICE  TO  A
 CONSUMER,  INCLUDING,  BUT  NOT LIMITED TO, EXTRACTION SITES, SUPPLIERS,
 MANUFACTURERS,  TRANSPORTERS,  WHOLESALERS,  AND  RETAILERS,  TO   ALLOW
 CONSUMERS TO DETERMINE WHETHER THE SUPPLY CHAIN IS ETHICAL AND SUSTAINA-
 BLE.
   (B)  TRACEABLE, MEANING A SUPPLY CHAIN FOR WHICH DISTRIBUTORS, RETAIL-
 ERS, AND OTHER BUSINESSES DOWN THE  SUPPLY  CHAIN  ARE  ABLE  TO  GATHER
 SUFFICIENT  AND  RELEVANT  INFORMATION REGARDING ALL UNITS OF PRODUCTION
 FURTHER UP THE SUPPLY CHAIN TO  DETERMINE  WHETHER  A  SUPPLY  CHAIN  IS
 ETHICAL AND SUSTAINABLE.
   (C)  ETHICAL, MEANING A SUPPLY CHAIN THAT UPHOLDS THE HUMAN RIGHTS AND
 ALL OTHER LEGAL  RIGHTS,  SUPPORTS  THE  WELL-BEING,  AND  PREVENTS  THE
 EXPLOITATION,  OF  WORKERS  AND  COMMUNITIES,  AND  GUARANTEES THE FREE,
 PRIOR, AND INFORMED CONSENT, LAND, AND OTHER LEGAL  RIGHTS  OF  AFFECTED
 INDIGENOUS PEOPLES AND OTHER LOCAL AND TRADITIONAL COMMUNITIES.
   (D) SUSTAINABLE, MEANING A SUPPLY CHAIN THAT TAKES ALL NECESSARY MEAS-
 URES TO AVOID, MINIMIZE, AND REDUCE DEGRADATION OF NATURAL ENVIRONMENTAL
 SYSTEMS,  AND  MAXIMIZES  EFFORTS  TO  CONTRIBUTE TO THE RESTORATION AND
 REGENERATION OF IMPACTED ECOSYSTEMS.
   2. THE PURPOSE OF SUCH PROGRAM SHALL BE TO:
   (A) DEVELOP AND SHARE BEST PRACTICES AND PROVIDE TECHNICAL  ASSISTANCE
 TO  HELP  PARTICIPATING ELIGIBLE BUSINESSES DEVELOP AND IMPLEMENT STAND-
 ARDS, PLANS, AND BENCHMARKS FOR TRANSPARENCY AND TRACEABILITY,  ENVIRON-
 MENTAL  SUSTAINABILITY,  AND  ETHICAL  PRACTICES THROUGHOUT THEIR SUPPLY
 CHAINS.
   (B) ASSIST PARTICIPATING  ELIGIBLE  BUSINESSES  WITH  COMPLIANCE  WITH
 SUPPLY  CHAIN RELATED REGULATIONS, PROCUREMENT STANDARDS, OR CONTRACTING
 REQUIREMENTS.
   (C) IDENTIFY FUNDING STREAMS, GRANT MONIES, FINANCIAL  ASSISTANCE  AND
 OTHER  RESOURCES  THAT  MAY  BE AVAILABLE TO HELP PARTICIPATING ELIGIBLE
 BUSINESSES ACHIEVE  TRANSPARENT,  TRACEABLE,  ETHICAL,  AND  SUSTAINABLE
 SUPPLY CHAINS.
 A. 9711                            16
 
   (D)  HELP  PARTICIPATING  ELIGIBLE BUSINESSES WITH MARKETING, COMMUNI-
 CATION, AND OTHER ACTIVITIES TO ACHIEVE  MAXIMUM  COMPETITIVE  ADVANTAGE
 FROM  THEIR  TRANSPARENT,  TRACEABLE,  ETHICAL,  AND  SUSTAINABLE SUPPLY
 CHAINS.
   (E)  CONDUCT MARKET ANALYSIS TO IDENTIFY OPPORTUNITIES FOR PARTICIPAT-
 ING ELIGIBLE BUSINESSES TO ACCESS NEW MARKETS AND INCREASE  COMPETITIVE-
 NESS  THROUGH ACHIEVING TRANSPARENT, TRACEABLE, ETHICAL, AND SUSTAINABLE
 SUPPLY CHAINS.
   (F) CONDUCT OUTREACH TO PROMOTE AWARENESS OF THE PROGRAM AMONG  ELIGI-
 BLE  BUSINESSES, BUSINESS ORGANIZATIONS, AND REGIONAL AND LOCAL ECONOMIC
 DEVELOPMENT AGENCIES.
   § 7. This act shall take effect on the ninetieth day  after  it  shall
 have  become a law and shall apply to all contracts and binding contrac-
 tual obligations entered into on and after such effective date.