S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4746
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BRISPORT, JACKSON, KAVANAGH, LIU,
   MAY, RIVERA, SALAZAR -- read  twice  and  ordered  printed,  and  when
   printed to be committed to the Committee on Consumer Protection
 
 AN ACT to amend the general business law, in relation to requiring fash-
   ion  sellers  to be accountable to environmental and social standards;
   and to amend the state finance law,  in  relation  to  establishing  a
   fashion remediation fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Fashion sustainability and social accountability act".
   §  2. The general business law is amended by adding a new section 399-
 mm to read as follows:
   § 399-MM. FASHION SUSTAINABILITY AND SOCIAL ACCOUNTABILITY  ACT.    1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DOING BUSINESS IN THIS STATE" SHALL MEAN ACTIVELY ENGAGING IN ANY
 TRANSACTION FOR THE PURPOSE OF FINANCIAL OR PECUNIARY GAIN OR PROFIT.
   (B)  "GROSS RECEIPTS" SHALL MEAN THE GROSS AMOUNTS REALIZED, OTHERWISE
 KNOWN AS THE SUM OF MONEY AND THE FAIR MARKET VALUE OF OTHER PROPERTY OR
 SERVICES RECEIVED, ON THE SALE OR EXCHANGE OF PROPERTY, THE  PERFORMANCE
 OF  SERVICES, OR THE USE OF PROPERTY OR CAPITAL, INCLUDING RENTS, ROYAL-
 TIES, INTEREST, AND DIVIDENDS, IN A TRANSACTION THAT  PRODUCES  BUSINESS
 INCOME,  IN  WHICH  THE INCOME, GAIN, OR LOSS IS RECOGNIZED, OR WOULD BE
 RECOGNIZED IF THE TRANSACTION WERE  IN  THE  UNITED  STATES,  UNDER  THE
 INTERNAL  REVENUE  CODE,  AS  APPLICABLE  FOR  PURPOSES OF THIS SECTION.
 AMOUNTS REALIZED ON THE SALE  OR  EXCHANGE  OF  PROPERTY  SHALL  NOT  BE
 REDUCED  BY  THE COST OF GOODS SOLD OR THE BASIS OF PROPERTY SOLD. GROSS
 RECEIPTS, EVEN IF BUSINESS  INCOME,  SHALL  NOT  INCLUDE  THE  FOLLOWING
 ITEMS:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03469-02-3
 S. 4746                             2
              

 
   (I)  REPAYMENT,  MATURITY,  OR  REDEMPTION OF THE PRINCIPAL OF A LOAN,
 BOND, MUTUAL FUND, CERTIFICATE OF DEPOSIT, OR SIMILAR MARKETABLE INSTRU-
 MENT;
   (II)  THE  PRINCIPAL  AMOUNT  RECEIVED UNDER A REPURCHASE AGREEMENT OR
 OTHER TRANSACTION PROPERLY CHARACTERIZED AS A LOAN;
   (III) PROCEEDS FROM ISSUANCE OF THE TAXPAYER'S OWN STOCK OR FROM  SALE
 OF TREASURY STOCK;
   (IV) DAMAGES AND OTHER AMOUNTS RECEIVED AS THE RESULT OF LITIGATION;
   (V) PROPERTY ACQUIRED BY AN AGENT ON BEHALF OF ANOTHER;
   (VI) TAX REFUNDS AND OTHER TAX BENEFIT RECOVERIES;
   (VII) PENSION REVERSIONS;
   (VIII)  CONTRIBUTIONS  TO  CAPITAL,  EXCEPT FOR SALES OF SECURITIES BY
 SECURITIES DEALERS;
   (IX) INCOME FROM DISCHARGE OF INDEBTEDNESS;
   (X) AMOUNTS REALIZED FROM EXCHANGES OF INVENTORY THAT ARE  NOT  RECOG-
 NIZED UNDER THE INTERNAL REVENUE CODE;
   (XI)  AMOUNTS  RECEIVED FROM TRANSACTIONS IN INTANGIBLE ASSETS HELD IN
 CONNECTION WITH A TREASURY FUNCTION OF THE TAXPAYER'S  UNITARY  BUSINESS
 AND  THE GROSS RECEIPTS AND OVERALL NET GAINS FROM THE MATURITY, REDEMP-
 TION, SALE, EXCHANGE, OR OTHER DISPOSITION OF THOSE  INTANGIBLE  ASSETS;
 AND
   (XII)  AMOUNTS RECEIVED FROM HEDGING TRANSACTIONS INVOLVING INTANGIBLE
 ASSETS. A "HEDGING TRANSACTION"  MEANS  A  TRANSACTION  RELATED  TO  THE
 TAXPAYER'S  TRADING  FUNCTION INVOLVING FUTURES AND OPTIONS TRANSACTIONS
 FOR THE PURPOSE OF HEDGING PRICE RISK OF  THE  PRODUCTS  OR  COMMODITIES
 CONSUMED, PRODUCED, OR SOLD BY THE TAXPAYER.
   (C) "FASHION SELLER" SHALL MEAN A BUSINESS ENTITY WHICH SELLS ARTICLES
 OF  WEARING  APPAREL, FOOTWEAR, OR FASHION BAGS THAT TOGETHER EXCEED ONE
 HUNDRED MILLION DOLLARS IN ANNUAL GROSS RECEIPTS, BUT SHALL NOT  INCLUDE
 THE  SALE  OF USED WEARING APPAREL, FOOTWEAR, OR FASHION BAGS, NOR SHALL
 IT INCLUDE MULTI-BRAND RETAILERS, EXCEPT WHERE  THE  APPAREL,  FOOTWEAR,
 AND  FASHION  BAG  PRIVATE LABELS OF THOSE COMPANIES TOGETHER EXCEED ONE
 HUNDRED MILLION DOLLARS IN GLOBAL REVENUE.
   (D) "ARTICLE OF WEARING APPAREL" SHALL MEAN ANY COSTUME OR ARTICLE  OF
 CLOTHING WORN OR INTENDED TO BE WORN BY INDIVIDUALS.
   (E)  "FOOTWEAR" SHALL MEAN ANY COVERING WORN OR INTENDED TO BE WORN ON
 THE FOOT.
   (F) "FASHION BAG" SHALL MEAN  FLEXIBLE  PACKAGING  MADE  OF  TEXTILES,
 LEATHER  OR OTHER ANIMAL PRODUCTS, WOVEN MATERIAL OR OTHER SIMILAR MATE-
 RIALS INTENDED FOR REPEATED USE.
   (G) "DUE DILIGENCE" SHALL MEAN  THE  COMPREHENSIVE  PROCESS  COMPANIES
 SHALL  CARRY OUT TO IDENTIFY, CEASE, PREVENT, MITIGATE, ACCOUNT FOR, AND
 REMEDIATE ACTUAL AND POTENTIAL ADVERSE IMPACTS TO HUMAN RIGHTS  AND  THE
 ENVIRONMENT  IN  THEIR  OWN  OPERATIONS  AND  IN  THEIR SUPPLY CHAIN, IN
 COMPLIANCE WITH, AT A MINIMUM, THE STANDARDS OUTLINED IN THE MOST RECENT
 ORGANISATION FOR ECONOMIC CO-OPERATION AND  DEVELOPMENT  GUIDELINES  FOR
 MULTINATIONAL  ENTERPRISES,  AND THE ORGANISATION FOR ECONOMIC CO-OPERA-
 TION AND DEVELOPMENT  DUE  DILIGENCE  GUIDANCE  FOR  RESPONSIBLE  SUPPLY
 CHAINS IN THE GARMENT AND FOOTWEAR SECTOR.
   (H)  "DUE  DILIGENCE  REPORT"  SHALL MEAN THE DOCUMENT PREPARED BY THE
 COMPANY TO COMMUNICATE ALL RELEVANT INFORMATION  CONCERNING  THE  EXIST-
 ENCE,  IMPLEMENTATION  AND  OUTCOMES OF DUE DILIGENCE IN ORDER TO COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION, AND TO COMPLY WITH ANY  RULES  OR
 REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION.
   (I)  "RISK-BASED  APPROACH"  SHALL MEAN COMMENSURATE TO THE LIKELIHOOD
 AND SEVERITY OF THE HARM.  THE FASHION SELLER SHALL PRIORITIZE THE ORDER
 S. 4746                             3
 
 IN WHICH IT TAKES ACTION BASED ON THE LIKELIHOOD AND SEVERITY  OF  HARM.
 SEVERITY  OF  IMPACTS  SHALL  BE  DETERMINED ACCORDING TO THEIR SCALE OR
 GRAVITY, SCOPE, AND IRREMEDIABLE CHARACTER.
   (J)  "SUPPLY CHAIN TIERS" SHALL MEAN A FOUR TIER SYSTEM DEFINED AS THE
 FOLLOWING:
   (I) "TIER ONE" SHALL MEAN SUPPLIERS WHO  PRODUCE  FINISHED  GOODS  FOR
 FASHION  SELLERS,  INCLUDING  SUPPLIERS' SUBCONTRACTORS, WHO PROVIDE THE
 FOLLOWING SERVICES, INCLUDING BUT NOT LIMITED TO SEWING  AND  EMBROIDER-
 ING;
   (II)  "TIER  TWO"  SHALL MEAN SUPPLIERS TO TIER ONE, INCLUDING SUBCON-
 TRACTORS, WHO PROVIDE THE FOLLOWING SERVICES OR GOODS, INCLUDING BUT NOT
 LIMITED TO KNITTING, WEAVING, WASHING, DYEING, FINISHING,  PRINTING  FOR
 FINISHED  GOODS,  AND  COMPONENTS  AND MATERIALS FOR FINISHED GOODS WHEN
 THEY ARE STAND-ALONE OPERATIONS AND NOT INTEGRATED WITH TIER ONE. COMPO-
 NENTS SHALL MEAN MATERIALS USED TO BUILD A PRODUCT,  INCLUDING  BUT  NOT
 LIMITED TO BUTTONS, ZIPPERS, RUBBER SOLES, DOWN, AND FUSIBLES;
   (III) "TIER THREE" SHALL MEAN SUPPLIERS TO TIER TWO SUPPLIERS, INCLUD-
 ING  SUBCONTRACTORS,  WHO  PROCESS RAW MATERIALS, SUCH AS GINNING, SPIN-
 NING, AND SUPPLIERS OF CHEMICALS; AND
   (IV) "TIER FOUR" SHALL MEAN COMPANIES, INCLUDING SUBCONTRACTORS,  THAT
 PROVIDE RAW MATERIALS TO TIER THREE.
   (K) "INDEPENDENTLY VERIFIED" SHALL MEAN AUDITED BY A VERIFICATION BODY
 ACCREDITED  BY  THE DEPARTMENT OF STATE AS DESCRIBED IN SUBDIVISION FIVE
 OF THIS SECTION.
   (L) "LIVING WAGE" SHALL MEAN THE REMUNERATION RECEIVED FOR A  STANDARD
 WORKWEEK BY A WORKER IN A PARTICULAR PLACE SUFFICIENT TO AFFORD A DECENT
 STANDARD  OF  LIVING  FOR  SUCH  WORKER  AND THEIR FAMILY. ELEMENTS OF A
 DECENT STANDARD OF  LIVING  INCLUDE  FOOD,  WATER,  HOUSING,  EDUCATION,
 HEALTH CARE, TRANSPORTATION, CLOTHING, AND OTHER ESSENTIAL NEEDS INCLUD-
 ING  PROVISION  FOR  UNEXPECTED  EVENTS. LIVING WAGE SHALL BE DETERMINED
 EXCLUSIVE OF OVERTIME WAGES AND BY NET WAGES INCLUDING IN-KIND AND  CASH
 BENEFITS, AND DEDUCTING TAXES AND DEDUCTIONS.
   (M)  "OPEN  DATA  PRINCIPLES" SHALL MEAN DATA THAT CAN BE FREELY USED,
 REUSED AND REDISTRIBUTED BY ANYONE. SUCH DATA SHALL BE FINDABLE OR EASI-
 LY DISCOVERABLE ON A WEBSITE OR WITHIN A DATABASE, ACCESSIBLE OR  AVAIL-
 ABLE IN A MACHINE READABLE, CONVENIENT, MODIFIABLE FORM AND PUBLISHED AS
 A  WHOLE,  COMPLETE  DATASET,  INTEROPERABLE  OR  ABLE  TO BE MIXED WITH
 DIFFERENT DATASETS, AND REUSABLE OR PROVIDED UNDER AN OPEN LICENSE  THAT
 PERMITS  REUSE  AND REDISTRIBUTION, INCLUDING THE INTERMIXING WITH OTHER
 DATASETS.
   2. DUE DILIGENCE. (A) EVERY FASHION SELLER SHALL EFFECTIVELY CARRY OUT
 HUMAN RIGHTS AND ENVIRONMENTAL DUE DILIGENCE FOR THE PORTIONS  OF  THEIR
 BUSINESS RELATED TO WEARING APPAREL, FOOTWEAR OR FASHION BAGS, INCLUDING
 WEARING  APPAREL,  FOOTWEAR OR FASHION BAGS PRODUCED AS A PRIVATE LABEL,
 WHICH SHALL INCLUDE:
   (I) SUPPLY CHAIN MAPPING:
   (1) COMPANIES TAKING A RISK-BASED APPROACH AND IMPLEMENTING GOOD FAITH
 EFFORTS  TO  MAP  SUPPLIERS  ACROSS  TIER  ONE  THROUGH  TIER  FOUR   OF
 PRODUCTION.   TIER ONE SUPPLIERS SHALL BE MAPPED WITHIN TWELVE MONTHS OF
 THE EFFECTIVE DATE OF THIS SECTION,  AND  SHALL  CONTAIN  A  MINIMUM  OF
 SEVENTY-FIVE PERCENT OF SUPPLIERS BY VOLUME. TIER TWO SUPPLIERS SHALL BE
 MAPPED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION, AND SHALL
 CONTAIN  A  MINIMUM OF SEVENTY-FIVE PERCENT OF SUPPLIERS BY VOLUME. TIER
 THREE AND TIER FOUR SUPPLIERS SHALL BE MAPPED WITHIN THREE YEARS OF  THE
 EFFECTIVE  DATE  OF  THIS  SECTION  AND SHALL CONTAIN A MINIMUM OF FIFTY
 PERCENT OF SUPPLIERS BY VOLUME OR DOLLAR VALUE.
 S. 4746                             4
 
   (2) SUPPLIER DISCLOSURE FOR ALL TIERS SHALL INCLUDE THE NAME, ADDRESS,
 PARENT COMPANY, PRODUCT TYPE AND NUMBER OF WORKERS AT EACH SITE BY COUN-
 TRY;
   (3)  FOR  TIER ONE SUPPLIERS, FASHION SELLERS SHALL REPORT, AT A MINI-
 MUM, THE FOLLOWING INFORMATION TO THE ATTORNEY GENERAL, WHICH  SHALL  BE
 INDEPENDENTLY VERIFIED NO LESS THAN ONCE EVERY TWO YEARS:
   (A)  THE MEAN WAGES OF WORKERS, AND HOW THIS COMPARES WITH LOCAL MINI-
 MUM WAGE AND LIVING WAGES;
   (B) THE PERCENTAGE OF UNIONIZED FACTORIES; AND
   (C) HOURS WORKED WEEKLY BY MONTH AND THE HOURS AND FREQUENCY OF  OVER-
 TIME BY FIRM AND COUNTRY.
   (II) IN CARRYING OUT EFFECTIVE DUE DILIGENCE, FASHION SELLERS SHALL BE
 IN COMPLIANCE WITH THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVEL-
 OPMENT GUIDELINES FOR MULTINATIONAL ENTERPRISES AND THE ORGANISATION FOR
 ECONOMIC CO-OPERATION AND DEVELOPMENT DUE DILIGENCE GUIDANCE FOR RESPON-
 SIBLE  SUPPLY CHAINS IN THE GARMENT AND FOOTWEAR SECTOR, REQUIRING FASH-
 ION SELLERS TO, AT A MINIMUM:
   (1) EMBED RESPONSIBLE BUSINESS CONDUCT INTO THE COMPANY'S POLICIES AND
 MANAGEMENT SYSTEMS;
   (2) IDENTIFY AREAS OF SIGNIFICANT RISKS IN THE  CONTEXTS  OF  ITS  OWN
 ACTIVITIES AND BUSINESS AND SUPPLY CHAIN RELATIONSHIPS;
   (3)  IDENTIFY,  PRIORITIZE,  AND  ASSESS THE SIGNIFICANT POTENTIAL AND
 ACTUAL ADVERSE IMPACTS OF THOSE RISKS;
   (4) CEASE, PREVENT OR MITIGATE THOSE RISKS. THIS  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (A) INCENTIVIZING IMPROVED SUPPLIER PERFORMANCE ON WORKERS' RIGHTS AND
 ENVIRONMENTAL  IMPACT  BY  EMBEDDING RESPONSIBLE PURCHASING PRACTICES IN
 ITS SUPPLY CHAIN RELATIONSHIPS AND CONTRACTS, INCLUDING BUT NOT  LIMITED
 TO  CONTRACT  RENEWALS, LONGER TERM CONTRACTS, PRICE PREMIUMS, PROVIDING
 REASONABLE ASSISTANCE TO SUPPLIERS SO  THAT  THEY  CAN  MEET  APPLICABLE
 HUMAN  RIGHTS  AND  ENVIRONMENTAL STANDARDS INCLUDING BUT NOT LIMITED TO
 MEETING THE CARBON EMISSION REDUCTION TARGETS SET OUT IN  THIS  SECTION,
 AND  DEVELOPING PRICING MODELS THAT ACCOUNT FOR THE COST OF WAGES, BENE-
 FITS, AND INVESTMENTS IN SUITABLE WORK,  SPECIFICALLY  AS  REFLECTED  IN
 FREIGHT  ON  BOARD  PRICES  TOGETHER  WITH TRADITIONAL PRICING CONSIDER-
 ATIONS, SUCH AS QUANTITIES BEING PURCHASED, COST OF MATERIALS, AND SKILL
 REQUIREMENTS. WAGES, BENEFITS, AND INVESTMENTS SHALL, AT A  MINIMUM,  BE
 IN  LINE  WITH  THE  REQUIREMENTS SET OUT IN LOCAL LABOR LAWS, INCLUDING
 MINIMUM WAGE LAWS;
   (B) UTILIZING RESPONSIBLE EXIT OR DISENGAGEMENT STRATEGIES;
   (C) CONSULTING AND ENGAGING WITH  IMPACTED  AND  POTENTIALLY  IMPACTED
 STAKEHOLDERS AND RIGHTS HOLDERS AND THEIR REPRESENTATIVES;
   (D) ESTABLISHING QUANTITATIVE BASELINE AND REDUCTION TARGETS ON GREEN-
 HOUSE  GAS  EMISSIONS.  GREENHOUSE  GAS  EMISSIONS  INVENTORY  SHALL  BE
 REPORTED  ANNUALLY,  INCLUDE  ABSOLUTE  FIGURES  AND  CONFORM  WITH  THE
 ACCOUNTING  AND REPORTING REQUIREMENTS OF THE MOST RECENT GREENHOUSE GAS
 PROTOCOL CORPORATE ACCOUNTING AND REPORTING STANDARD,  SCOPE  TWO  GUID-
 ANCE,  AND  THE MOST RECENT CORPORATE VALUE CHAIN SCOPE THREE ACCOUNTING
 AND REPORTING STANDARD PROMULGATED BY THE WORLD RESOURCES INSTITUTE  AND
 THE  WORLD  BUSINESS COUNCIL FOR SUSTAINABLE DEVELOPMENT. GREENHOUSE GAS
 EMISSIONS INVENTORY REPORTED IN THE DUE DILIGENCE  REPORT  DESCRIBED  IN
 SUBDIVISION  THREE  OF  THIS  SECTION SHALL BE INDEPENDENTLY VERIFIED NO
 LESS THAN ONCE EVERY TWO YEARS. WITHIN FOUR YEARS OF THE EFFECTIVE  DATE
 OF THIS SECTION, PRIMARY DATA SHALL BE USED TO CAPTURE TIER TWO AND TIER
 THREE INVENTORY OF THE MOST SIGNIFICANT SUPPLIERS CONTRIBUTING TO GREEN-
 HOUSE GAS EMISSIONS.  SIGNIFICANT SUPPLIERS SHALL MEAN SUPPLIERS REPRES-
 S. 4746                             5
 
 ENTING  SEVENTY-FIVE  PERCENT  OF FABRIC BY VOLUME IN TIER TWO AND FIFTY
 PERCENT OF FABRIC BY VOLUME  IN  TIER  THREE.  GREENHOUSE  GAS  EMISSION
 REDUCTION  TARGETS MUST BE NEAR-TERM AND LONG-TERM, COVERING SCOPES ONE,
 TWO  AND  THREE  EMISSIONS,  AND ALIGN WITH, AT A MINIMUM, SCIENCE BASED
 TARGETS INITIATIVE'S MOST RECENT TARGET VALIDATION CRITERIA  AS  PROMUL-
 GATED  BY  WORLD RESOURCES INSTITUTE, CDP, UNITED NATIONS GLOBAL COMPACT
 AND THE WORLD WILDLIFE FUND. FOR FASHION  SELLERS  WITH  GLOBAL  REVENUE
 OVER ONE BILLION DOLLARS, THE ABSOLUTE CONTRACTION APPROACH MUST BE USED
 TO  CALCULATE  SCOPE THREE EMISSIONS. FASHION SELLERS SHALL MEET TARGETS
 AND REPORT THEIR COMPLIANCE ON AN ANNUAL BASIS IN  THEIR  DUE  DILIGENCE
 REPORT,  AS  DESCRIBED IN SUBDIVISION THREE OF THIS SECTION. IF FOUND TO
 BE OUT OF COMPLIANCE, FASHION SELLERS  SHALL  HAVE  EIGHTEEN  MONTHS  TO
 REMEDY  THEIR EMISSIONS AND RETURN TO THE NECESSARY REDUCTION PATHWAY TO
 DELIVER ON THEIR TARGETS. IN NON-TARGET YEARS, NON-COMPLIANCE SHALL MEAN
 AN INCREASE IN ABSOLUTE EMISSIONS IN THREE CONSECUTIVE YEARS, FOR COMPA-
 NIES OVER A BILLION DOLLARS IN REVENUE. IN TARGET YEARS,  NON-COMPLIANCE
 SHALL MEAN NOT REACHING THE TARGET.
   (E)  IN COMPLIANCE WITH, AT A MINIMUM, THE ZERO DISCHARGE OF HAZARDOUS
 CHEMICALS PROGRAM'S MOST RECENT WASTEWATER GUIDELINES,  FASHION  SELLERS
 SHALL  BE  REQUIRED,  FOR ALL SIGNIFICANT TIER TWO DYEING, FINISHING AND
 GARMENT WASHING SUPPLIERS, TO SAMPLE AND REPORT ON  WASTEWATER  CHEMICAL
 CONCENTRATIONS  AND  WATER USAGE, WITHIN TWO YEARS OF THE EFFECTIVE DATE
 OF THIS SECTION. SUCH REPORTS SHALL BE INDEPENDENTLY  VERIFIED.  FASHION
 SELLERS  SHALL ALSO PROVIDE CORRECTIVE ACTION PLANS FOR THEIR WASTEWATER
 TREATMENT WITHIN THIRTY MONTHS OF THE EFFECTIVE DATE  OF  THIS  SECTION.
 AFTER THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION, FASHION SELLERS
 SHALL  BE  CONSIDERED  OUT  OF  COMPLIANCE IF THEIR SIGNIFICANT TIER TWO
 DYEING, FINISHING AND GARMENT SUPPLIERS HAVE NOT MADE ADEQUATE  PROGRESS
 IN  REMEDIATION  OF  WASTEWATER  POLLUTION CONCENTRATIONS.   SIGNIFICANT
 SUPPLIERS SHALL MEAN  SUPPLIERS  REPRESENTING  SEVENTY-FIVE  PERCENT  OF
 FABRIC BY VOLUME;
   (5) TRACK IMPLEMENTATION AND RESULTS;
   (6)  PROVIDE  FOR  OR  CO-OPERATE  IN  REMEDIATION  IN THE EVENT OF AN
 ADVERSE IMPACT:
   (A) REMEDIES SHALL SEEK TO RESTORE THE  AFFECTED  PERSON  OR  PERSONS,
 WHERE  PRACTICABLE,  TO  THE  SITUATION  THEY WOULD HAVE BEEN IN HAD THE
 ADVERSE IMPACT NOT OCCURRED AND SHALL ENABLE REMEDIATION THAT IS PROPOR-
 TIONATE TO THE SIGNIFICANCE AND SCALE OF THE ADVERSE IMPACT;
   (B) REMEDIES SHALL INCLUDE, DEPENDING ON THE NATURE AND EXTENT OF  THE
 ADVERSE IMPACT, APOLOGIES, RESTITUTION OR REHABILITATION INCLUDING REIN-
 STATEMENT  OF  DISMISSED WORKERS, RECOGNITION OF THE TRADE UNION FOR THE
 PURPOSE OF COLLECTIVE BARGAINING,  FINANCIAL  OR  NON-FINANCIAL  COMPEN-
 SATION  INCLUDING  ESTABLISHING  COMPENSATION  FUNDS FOR VICTIMS, OR FOR
 FUTURE OUTREACH AND EDUCATIONAL PROGRAMS, PUNITIVE  SANCTIONS  INCLUDING
 THE  DISMISSALS OF STAFF RESPONSIBLE FOR WRONGDOING, AND TAKING MEASURES
 TO PREVENT FUTURE ADVERSE IMPACTS; AND
   (C) IN RELATION TO HUMAN RIGHTS IMPACTS, FASHION SELLERS SHALL CONSULT
 AND ENGAGE WITH IMPACTED RIGHTS HOLDERS AND THEIR  REPRESENTATIVES  WHEN
 DETERMINING THE REMEDY.
   (B)  THE DUE DILIGENCE REQUIREMENTS PURSUANT TO THIS SUBDIVISION SHALL
 NOT BE CONDITIONAL UPON THE COMPANY BEING EFFECTIVELY  INVOLVED  IN  THE
 SUBSIDIARY'S  DAY-TO-DAY OPERATIONS OR EXERCISING A SUFFICIENT DEGREE OF
 CONTROL ON COMPANIES WITHIN ITS SUPPLY CHAIN.
   3. REPORTING. EVERY FASHION SELLER SHALL DEVELOP  AND  SUBMIT  TO  THE
 OFFICE  OF  THE  ATTORNEY  GENERAL  ANNUALLY,  BEGINNING WITHIN EIGHTEEN
 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, A  DUE  DILIGENCE  REPORT.
 S. 4746                             6
 
 SUCH  REPORT,  EXCLUDING  THE  INFORMATION  REQUIRED  IN CLAUSE THREE OF
 SUBPARAGRAPH (I) OF PARAGRAPH (A) OF SUBDIVISION TWO  OF  THIS  SECTION,
 SHALL ALSO BE MADE PUBLICLY AVAILABLE ON THE FASHION SELLER'S WEBSITE IN
 A MACHINE READABLE AND REUSABLE FORMAT, PUBLISHED IN LINE WITH OPEN DATA
 PRINCIPLES  THROUGH A CLEAR AND EASILY DISCOVERABLE LINK TO THE REQUIRED
 INFORMATION. IN THE EVENT THE FASHION SELLER DOES NOT HAVE  AN  INTERNET
 WEBSITE,  THE  COMPANY  SHALL PROVIDE A WRITTEN DISCLOSURE TO ANY PERSON
 WHO HAS REQUESTED INFORMATION WITHIN THIRTY DAYS OF RECEIVING A REQUEST.
 SUCH REPORT SHALL ALSO INCLUDE THE FASHION  SELLER'S  ANNUAL  VOLUME  OF
 MATERIAL PRODUCED, INCLUDING BREAKDOWN BY MATERIAL TYPE.
   4.  REGULATIONS.  THE  DEPARTMENT OF STATE SHALL, IN CONSULTATION WITH
 THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION AND  DEPARTMENT  OF  LABOR,
 PROMULGATE   ALL  RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THE
 PROVISIONS OF THIS SECTION WITHIN SIX MONTHS FROM THE EFFECTIVE DATE  OF
 THIS  SECTION. THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE DEPART-
 MENT OF ENVIRONMENTAL CONSERVATION AND DEPARTMENT OF LABOR,  SHALL  ALSO
 DEVELOP  AND  DISSEMINATE  EDUCATIONAL  MATERIALS  TO  FASHION  SELLERS,
 INCLUDING PROVIDING ALERTS ON TIME SENSITIVE  ISSUES,  EMERGING  ISSUES,
 AND  HIGH-RISK  COUNTRY  SITUATIONS,  AND  ASSISTING  FASHION SELLERS IN
 IMPROVING THE QUALITY OF THEIR DUE DILIGENCE PROCESSES.
   5. VERIFICATION. (A) THE DEPARTMENT OF STATE  SHALL,  IN  CONSULTATION
 WITH  THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION AND DEPARTMENT OF
 LABOR, DEVELOP A PROCESS FOR ACCREDITING VERIFICATION BODIES  AUTHORIZED
 TO  PROVIDE  VERIFICATION  SERVICES  FOR  THE  PURPOSES OF THIS SECTION,
 INCLUDING WHICH REQUIREMENTS THE ENTITY IS AUTHORIZED TO VERIFY.
   (B) SUCH PROCESS SHALL AT A MINIMUM CONSIDER:
   (I) THE DEMONSTRATED QUALIFICATIONS OF VERIFICATION  STAFF,  INCLUDING
 THEIR  EDUCATION,  EXPERIENCE,  AND PROFESSIONAL LICENSES.  VERIFICATION
 BODIES MUST EMPLOY AND RETAIN AT LEAST FIVE TOTAL FULL-TIME  STAFF  WITH
 EXPERTISE IN THE REQUIREMENTS THEY SEEK TO VERIFY UNDER THIS SECTION;
   (II)  ANY JUDICIAL PROCEEDINGS, ENFORCEMENT ACTIONS, OR ADMINISTRATIVE
 ACTIONS FILED AGAINST THE BODY WITHIN THE PREVIOUS FIVE YEARS; AND
   (III) THE POLICIES AND MECHANISMS IN PLACE  TO  PREVENT  CONFLICTS  OF
 INTEREST  AND  TO  IDENTIFY  AND  RESOLVE POTENTIAL CONFLICT OF INTEREST
 SITUATIONS IF THEY ARISE. THE DEPARTMENT  SHALL  REQUIRE  APPLICANTS  TO
 SUBMIT THE FOLLOWING INFORMATION, AT A MINIMUM:
   (1)  IDENTIFICATION OF SERVICES PROVIDED BY THE VERIFICATION BODY, THE
 INDUSTRIES THAT THE BODY SERVES, AND THE LOCATIONS WHERE THOSE  SERVICES
 ARE PROVIDED;
   (2)  A  DETAILED  ORGANIZATIONAL  CHART THAT INCLUDES THE VERIFICATION
 BODY, ITS MANAGEMENT STRUCTURE, AND ANY RELATED ENTITIES; AND
   (3) THE VERIFICATION BODY'S INTERNAL CONFLICT OF INTEREST POLICY  THAT
 IDENTIFIES  ACTIVITIES AND LIMITS TO MONETARY OR NON-MONETARY GIFTS THAT
 APPLY TO ALL EMPLOYEES AND PROCEDURES TO MONITOR CONFLICTS OF INTEREST.
   (C) VERIFICATION BODIES SHALL NOT BE AUTHORIZED TO PROVIDE SERVICES TO
 A COMPANY WHERE A CONFLICT OF INTEREST EXISTS. A  CONFLICT  OF  INTEREST
 SHALL INCLUDE:
   (I) WHERE THE VERIFICATION BODY AND REPORTING ENTITY SHARE ANY MANAGE-
 MENT  STAFF  OR  BOARD  OF  DIRECTORS  MEMBERSHIP,  OR ANY OF THE SENIOR
 MANAGEMENT STAFF OF THE REPORTING  ENTITY  HAVE  BEEN  EMPLOYED  BY  THE
 VERIFICATION BODY, OR VICE VERSA, WITHIN THE PREVIOUS FIVE YEARS;
   (II)  ANY  EMPLOYEE  OF  THE  VERIFICATION  BODY, OR ANY EMPLOYEE OF A
 RELATED ENTITY, OR A SUBCONTRACTOR WHO IS A MEMBER OF  THE  VERIFICATION
 TEAM  HAS  PROVIDED  THE  REPORTING  ENTITY WITH SERVICES RELATED TO THE
 AREAS OF VERIFICATION, OR ANY SERVICES DESIGNATED BY THE  DEPARTMENT  OF
 STATE, WITHIN THE PREVIOUS FIVE YEARS;
 S. 4746                             7
 
   (III)  ANY  STAFF MEMBER OF THE VERIFICATION BODY PROVIDES ANY TYPE OF
 NON-MONETARY INCENTIVE TO A REPORTING ENTITY TO  SECURE  A  VERIFICATION
 SERVICES CONTRACT; AND
   (IV) ANY ADDITIONAL CRITERIA PROVIDED BY THE DEPARTMENT OF STATE.
   (D) VERIFICATION BODIES THAT HAVE BEEN ACCREDITED BY THE DEPARTMENT OF
 STATE  SHALL  NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS IF THEY NO LONGER
 MEET THE VERIFICATION REQUIREMENTS SET FORTH BY THIS SECTION.
   6. ENFORCEMENT. (A) THE REQUIREMENTS IMPOSED  ON  FASHION  SELLERS  BY
 THIS  SECTION  SHALL  BE  MONITORED,  INVESTIGATED,  AND ENFORCED BY THE
 ATTORNEY GENERAL OR AN ADMINISTRATOR DESIGNATED BY THE ATTORNEY  GENERAL
 TO BRING CIVIL PROCEEDINGS FOR AN INJUNCTION, MONETARY DAMAGES, OR CIVIL
 PERFORMANCE  OF  A  STATUTORY DUTY. FASHION SELLERS SHALL BE DEEMED NON-
 COMPLIANT WITH THIS SECTION IF THEY FAIL TO CONDUCT EFFECTIVE DUE  DILI-
 GENCE  PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR FAIL TO FILE A DUE
 DILIGENCE REPORT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (B) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED  ADMIN-
 ISTRATOR  AS APPLICABLE, SHALL ANNUALLY PUBLISH AND MAKE PUBLICLY AVAIL-
 ABLE A REPORT REGARDING COMPLIANCE WITH THIS SECTION, LISTING THE  FASH-
 ION  SELLERS WHO ARE KNOWN TO BE OUT OF COMPLIANCE WITH THIS SECTION AND
 INCLUDING AN UP-TO-DATE REPORT ON THE ATTORNEY GENERAL'S  MONITORING  OF
 SUCH COMPLIANCE.
   (C)  FASHION  SELLERS  FOUND TO BE OUT OF COMPLIANCE WITH THIS SECTION
 AFTER THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED  ADMIN-
 ISTRATOR AS APPLICABLE, HAS PROVIDED NOTICE OF NON-COMPLIANCE, AND AFTER
 A  THREE-MONTH PERIOD TO MEET OBLIGATIONS UNDER THIS SECTION HAS LAPSED,
 MAY BE FINED UP TO TWO PERCENT OF ANNUAL REVENUES. SUCH FINES  SHALL  BE
 DEPOSITED  IN  THE COMMUNITY BENEFIT FUND ESTABLISHED BY SECTION NINETY-
 SEVEN-CCC OF THE STATE FINANCE LAW.
   (D)  THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED ADMIN-
 ISTRATOR SHALL USE  A  RISK-BASED  APPROACH  IN  ENFORCEMENT  AND  SHALL
 PUBLISH ENFORCEMENT GUIDELINES.
   (E)  ANY PERSON MAY REPORT A VIOLATION OF THIS SECTION TO THE ATTORNEY
 GENERAL'S OFFICE.
   (F) ANY FASHION SELLER SHALL BE HELD JOINTLY AND SEVERALLY LIABLE  FOR
 THE PAYMENT OF WAGES OF THE EMPLOYEES OF ITS TIER ONE SUPPLIERS. FOR THE
 PURPOSES OF THIS SECTION, WAGES SHALL BE INCLUSIVE OF ALL MONEYS OWED IN
 ACCORDANCE  WITH THE LAW OF THE COUNTRY OF MANUFACTURE, INCLUDING WAGES,
 OVERTIME WAGES, PAID LEAVE, INCENTIVES, BONUSES, SEVERANCE AND ANY OTHER
 FORM OF PAYMENT OR COMPENSATION.  FOR  THE  PURPOSES  OF  THIS  SECTION,
 EMPLOYEE  SHALL  INCLUDE  ALL  WORKERS,  WHETHER FULL-TIME OR PART-TIME,
 PERMANENT OR FIXED-TERM, DIRECTLY CONTRACTED OR HIRED INDIRECTLY THROUGH
 AN AGENCY OR OTHER INTERMEDIARY. FASHION SELLERS  SHALL  BE  LIABLE  FOR
 PAYMENT  OF  LOST  WAGES  AND  AN  ADDITIONAL EQUAL AMOUNT AS LIQUIDATED
 DAMAGES.
   § 3. The state finance law is amended by adding a new  section  97-ccc
 to read as follows:
   § 97-CCC. FASHION REMEDIATION FUND.  1. THERE IS HEREBY ESTABLISHED IN
 THE  JOINT  CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF TAXATION AND
 FINANCE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND THE COMMIS-
 SIONER OF LABOR A SPECIAL FUND TO BE KNOWN AS  THE  FASHION  REMEDIATION
 FUND.
   2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS DEPOSITED PURSUANT TO PARA-
 GRAPH (C) OF SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-NINE-MM  OF
 THE GENERAL BUSINESS LAW.
   3.  THE  MONEYS  IN  THE  FUND SHALL BE EXPENDED BY THE COMPTROLLER IN
 CONSULTATION WITH THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE
 S. 4746                             8
 
 DEPARTMENT  OF LABOR AND RELEVANT STAKEHOLDERS FOR THE PURPOSE OF IMPLE-
 MENTING ONE OR MORE ENVIRONMENTAL BENEFIT PROJECTS OR LABOR  REMEDIATION
 PROJECTS  THAT  DIRECTLY AND VERIFIABLY BENEFIT THE WORKERS AND COMMUNI-
 TIES  DIRECTLY  IMPACTED, TO THE EXTENT PRACTICABLE, AT THE LOCATION THE
 INJURY HAS OCCURRED.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL  CERTIFY TO THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
 OF THE ASSEMBLY, THE AMOUNT OF MONEY DEPOSITED BY  SOURCE  IN  THE  FUND
 DURING  THE  PRECEDING  CALENDAR YEAR, AS WELL AS ALL DISBURSEMENTS FROM
 THE FUND DURING THE PRECEDING CALENDAR YEAR.
   5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION AND THE COMMISSIONER OF LABOR, AS APPLICA-
 BLE.
   § 4. The attorney general shall  certify  to  the  governor  that  the
 office  of  the  attorney  general  is  prepared  to  execute the duties
 assigned in subdivision 6 of section 399-mm of the general business  law
 within  one year following the effective date of this act. If, after the
 expiration of one year, the  attorney  general  requires  more  time  to
 certify  that  the office of the attorney general is prepared to execute
 such duties, the attorney general may, for good cause  shown,  apply  to
 the governor for an extension of time. The governor may grant or deny an
 extension of up to one year according to their discretion.
   § 5. This act shall take effect immediately; provided, however, subdi-
 vision  6  of  section  399-mm  of  the general business law as added by
 section two of this act shall take effect one year  after  the  attorney
 general certifies that the office of the attorney general is prepared to
 execute  the  duties  assigned in such subdivision. The attorney general
 shall notify the legislative bill drafting commission  upon  the  occur-
 rence of such certification in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4746--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 14, 2023
                                ___________
 
 Introduced  by  Sens.  HOYLMAN-SIGAL,  BRISPORT, CHU, CLEARE, FERNANDEZ,
   GIANARIS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY,  JACKSON,  KAVANAGH,
   KRUEGER,  LIU,  MANNION, MAY, MYRIE, RIVERA, RYAN, SALAZAR, SEPULVEDA,
   SERRANO, SKOUFIS, WEBB -- read twice and  ordered  printed,  and  when
   printed  to  be  committed  to the Committee on Consumer Protection --
   recommitted to the Committee on Consumer Protection in accordance with
   Senate Rule 6, sec. 8 -- committee discharged, bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to requiring fash-
   ion  sellers  to  be accountable to environmental standards and estab-
   lishing the interstate fashion environment accountability act compact;
   and to amend the state finance law,  in  relation  to  establishing  a
   fashion remediation fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Fashion environmental accountability act".
   §  2.  The  general business law is amended by adding two new sections
 399-mm and 399-mmm to read as follows:
   § 399-MM. FASHION ENVIRONMENTAL ACCOUNTABILITY ACT.   1.  DEFINITIONS.
 AS  USED  IN  THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE FOLLOWING
 MEANINGS:
   (A) "DOING BUSINESS IN THIS STATE" SHALL MEAN ACTIVELY ENGAGING IN ANY
 TRANSACTION FOR THE PURPOSE OF FINANCIAL OR PECUNIARY GAIN OR PROFIT.
   (B) "GROSS RECEIPTS" SHALL MEAN THE GROSS AMOUNTS REALIZED,  OTHERWISE
 KNOWN AS THE SUM OF MONEY AND THE FAIR MARKET VALUE OF OTHER PROPERTY OR
 SERVICES  RECEIVED, ON THE SALE OR EXCHANGE OF PROPERTY, THE PERFORMANCE
 OF SERVICES, OR THE USE OF PROPERTY OR CAPITAL, INCLUDING RENTS,  ROYAL-
 TIES,  INTEREST,  AND DIVIDENDS, IN A TRANSACTION THAT PRODUCES BUSINESS
 INCOME, IN WHICH THE INCOME, GAIN, OR LOSS IS RECOGNIZED,  OR  WOULD  BE
 RECOGNIZED  IF  THE  TRANSACTION  WERE  IN  THE UNITED STATES, UNDER THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03469-06-4
              

 S. 4746--A                          2
 
 INTERNAL REVENUE CODE, AS  APPLICABLE  FOR  PURPOSES  OF  THIS  SECTION.
 AMOUNTS  REALIZED  ON  THE  SALE  OR  EXCHANGE  OF PROPERTY SHALL NOT BE
 REDUCED BY THE COST OF GOODS SOLD OR THE BASIS OF PROPERTY  SOLD.  GROSS
 RECEIPTS,  EVEN  IF  BUSINESS  INCOME,  SHALL  NOT INCLUDE THE FOLLOWING
 ITEMS:
   (I) REPAYMENT, MATURITY, OR REDEMPTION OF THE  PRINCIPAL  OF  A  LOAN,
 BOND, MUTUAL FUND, CERTIFICATE OF DEPOSIT, OR SIMILAR MARKETABLE INSTRU-
 MENT;
   (II)  THE  PRINCIPAL  AMOUNT  RECEIVED UNDER A REPURCHASE AGREEMENT OR
 OTHER TRANSACTION PROPERLY CHARACTERIZED AS A LOAN;
   (III) PROCEEDS FROM ISSUANCE OF THE TAXPAYER'S OWN STOCK OR FROM  SALE
 OF TREASURY STOCK;
   (IV) DAMAGES AND OTHER AMOUNTS RECEIVED AS THE RESULT OF LITIGATION;
   (V) PROPERTY ACQUIRED BY AN AGENT ON BEHALF OF ANOTHER;
   (VI) TAX REFUNDS AND OTHER TAX BENEFIT RECOVERIES;
   (VII) PENSION REVERSIONS;
   (VIII)  CONTRIBUTIONS  TO  CAPITAL,  EXCEPT FOR SALES OF SECURITIES BY
 SECURITIES DEALERS;
   (IX) INCOME FROM DISCHARGE OF INDEBTEDNESS;
   (X) AMOUNTS REALIZED FROM EXCHANGES OF INVENTORY THAT ARE  NOT  RECOG-
 NIZED UNDER THE INTERNAL REVENUE CODE;
   (XI)  AMOUNTS  RECEIVED FROM TRANSACTIONS IN INTANGIBLE ASSETS HELD IN
 CONNECTION WITH A TREASURY FUNCTION OF THE TAXPAYER'S  UNITARY  BUSINESS
 AND  THE GROSS RECEIPTS AND OVERALL NET GAINS FROM THE MATURITY, REDEMP-
 TION, SALE, EXCHANGE, OR OTHER DISPOSITION OF THOSE  INTANGIBLE  ASSETS;
 AND
   (XII)  AMOUNTS RECEIVED FROM HEDGING TRANSACTIONS INVOLVING INTANGIBLE
 ASSETS. A "HEDGING TRANSACTION"  MEANS  A  TRANSACTION  RELATED  TO  THE
 TAXPAYER'S  TRADING  FUNCTION INVOLVING FUTURES AND OPTIONS TRANSACTIONS
 FOR THE PURPOSE OF HEDGING PRICE RISK OF  THE  PRODUCTS  OR  COMMODITIES
 CONSUMED, PRODUCED, OR SOLD BY THE TAXPAYER.
   (C) "FASHION SELLER" SHALL MEAN A BUSINESS ENTITY WHICH SELLS ARTICLES
 OF  WEARING  APPAREL, FOOTWEAR, OR FASHION BAGS THAT TOGETHER EXCEED ONE
 HUNDRED MILLION DOLLARS IN ANNUAL GROSS RECEIPTS, BUT SHALL NOT  INCLUDE
 THE  SALE  OF USED WEARING APPAREL, FOOTWEAR, OR FASHION BAGS, NOR SHALL
 IT INCLUDE MULTI-BRAND RETAILERS, EXCEPT WHERE  THE  APPAREL,  FOOTWEAR,
 AND  FASHION  BAG  PRIVATE LABELS OF THOSE COMPANIES TOGETHER EXCEED ONE
 HUNDRED MILLION DOLLARS IN GLOBAL REVENUE.
   (D) "ARTICLE OF WEARING APPAREL" SHALL MEAN ANY COSTUME OR ARTICLE  OF
 CLOTHING WORN OR INTENDED TO BE WORN BY INDIVIDUALS.
   (E)  "FOOTWEAR" SHALL MEAN ANY COVERING WORN OR INTENDED TO BE WORN ON
 THE FOOT.
   (F) "FASHION BAG" SHALL MEAN  FLEXIBLE  PACKAGING  MADE  OF  TEXTILES,
 LEATHER  OR OTHER ANIMAL PRODUCTS, WOVEN MATERIAL OR OTHER SIMILAR MATE-
 RIALS INTENDED FOR REPEATED USE.
   (G) "DUE DILIGENCE" SHALL MEAN  THE  COMPREHENSIVE  PROCESS  COMPANIES
 SHALL  CARRY OUT TO IDENTIFY, CEASE, PREVENT, MITIGATE, ACCOUNT FOR, AND
 REMEDIATE ACTUAL AND POTENTIAL ADVERSE IMPACTS  TO  THE  ENVIRONMENT  IN
 THEIR OWN OPERATIONS AND IN THEIR SUPPLY CHAIN, IN COMPLIANCE WITH, AT A
 MINIMUM,  THE  STANDARDS  OUTLINED  IN  THE MOST RECENT ORGANISATION FOR
 ECONOMIC  CO-OPERATION  AND  DEVELOPMENT  GUIDELINES  FOR  MULTINATIONAL
 ENTERPRISES,  AND THE MOST RECENT ORGANISATION FOR ECONOMIC CO-OPERATION
 AND DEVELOPMENT DUE DILIGENCE GUIDANCE FOR RESPONSIBLE SUPPLY CHAINS  IN
 THE GARMENT AND FOOTWEAR SECTOR.
   (H)  "DUE  DILIGENCE  REPORT"  SHALL MEAN THE DOCUMENT PREPARED BY THE
 COMPANY TO COMMUNICATE ALL RELEVANT INFORMATION  CONCERNING  THE  EXIST-
 S. 4746--A                          3
 
 ENCE,  IMPLEMENTATION  AND  OUTCOMES OF DUE DILIGENCE IN ORDER TO COMPLY
 WITH THE REQUIREMENTS OF THIS SECTION, AND TO COMPLY WITH ANY  RULES  OR
 REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION.
   (I)  "RISK-BASED  APPROACH"  SHALL MEAN COMMENSURATE TO THE LIKELIHOOD
 AND SEVERITY OF THE HARM.  THE FASHION SELLER SHALL PRIORITIZE THE ORDER
 IN WHICH IT TAKES ACTION BASED ON THE LIKELIHOOD AND SEVERITY  OF  HARM.
 SEVERITY  OF  IMPACTS  SHALL  BE  DETERMINED ACCORDING TO THEIR SCALE OR
 GRAVITY, SCOPE, AND IRREMEDIABLE CHARACTER.
   (J) "SUPPLY CHAIN TIERS" SHALL MEAN A FOUR TIER SYSTEM DEFINED AS  THE
 FOLLOWING:
   (I)  "TIER  ONE"  SHALL  MEAN SUPPLIERS WHO PRODUCE FINISHED GOODS FOR
 FASHION SELLERS, INCLUDING SUPPLIERS' SUBCONTRACTORS,  WHO  PROVIDE  THE
 FOLLOWING  SERVICES,  INCLUDING BUT NOT LIMITED TO SEWING AND EMBROIDER-
 ING;
   (II) "TIER TWO" SHALL MEAN SUPPLIERS TO TIER  ONE,  INCLUDING  SUBCON-
 TRACTORS, WHO PROVIDE THE FOLLOWING SERVICES OR GOODS, INCLUDING BUT NOT
 LIMITED  TO  KNITTING, WEAVING, WASHING, DYEING, FINISHING, PRINTING FOR
 FINISHED GOODS, AND COMPONENTS AND MATERIALS  FOR  FINISHED  GOODS  WHEN
 THEY ARE STAND-ALONE OPERATIONS AND NOT INTEGRATED WITH TIER ONE. COMPO-
 NENTS  SHALL  MEAN  MATERIALS USED TO BUILD A PRODUCT, INCLUDING BUT NOT
 LIMITED TO BUTTONS, ZIPPERS, RUBBER SOLES, DOWN, AND FUSIBLES;
   (III) "TIER THREE" SHALL MEAN SUPPLIERS TO TIER TWO SUPPLIERS, INCLUD-
 ING SUBCONTRACTORS, WHO PROCESS RAW MATERIALS, SUCH  AS  GINNING,  SPIN-
 NING, AND SUPPLIERS OF CHEMICALS; AND
   (IV)  "TIER FOUR" SHALL MEAN COMPANIES, INCLUDING SUBCONTRACTORS, THAT
 PROVIDE RAW MATERIALS TO TIER THREE.
   (K) "INDEPENDENTLY VERIFIED" SHALL MEAN AUDITED BY A VERIFICATION BODY
 ACCREDITED BY THE DEPARTMENT OF STATE AS DESCRIBED IN  SUBDIVISION  FIVE
 OF THIS SECTION.
   (L)  "LIVING WAGE" SHALL MEAN THE REMUNERATION RECEIVED FOR A STANDARD
 WORKWEEK BY A WORKER IN A PARTICULAR PLACE SUFFICIENT TO AFFORD A DECENT
 STANDARD OF LIVING FOR SUCH WORKER  AND  THEIR  FAMILY.  ELEMENTS  OF  A
 DECENT  STANDARD  OF  LIVING  INCLUDE  FOOD,  WATER, HOUSING, EDUCATION,
 HEALTH CARE, TRANSPORTATION, CLOTHING, AND OTHER ESSENTIAL NEEDS INCLUD-
 ING PROVISION FOR UNEXPECTED EVENTS. LIVING  WAGE  SHALL  BE  DETERMINED
 EXCLUSIVE  OF OVERTIME WAGES AND BY NET WAGES INCLUDING IN-KIND AND CASH
 BENEFITS, AND DEDUCTING TAXES AND DEDUCTIONS.
   (M) "OPEN DATA PRINCIPLES" SHALL MEAN DATA THAT CAN  BE  FREELY  USED,
 REUSED AND REDISTRIBUTED BY ANYONE. SUCH DATA SHALL BE FINDABLE OR EASI-
 LY  DISCOVERABLE ON A WEBSITE OR WITHIN A DATABASE, ACCESSIBLE OR AVAIL-
 ABLE IN A MACHINE READABLE, CONVENIENT, MODIFIABLE FORM AND PUBLISHED AS
 A WHOLE, COMPLETE DATASET,  INTEROPERABLE  OR  ABLE  TO  BE  MIXED  WITH
 DIFFERENT  DATASETS, AND REUSABLE OR PROVIDED UNDER AN OPEN LICENSE THAT
 PERMITS REUSE AND REDISTRIBUTION, INCLUDING THE INTERMIXING  WITH  OTHER
 DATASETS.
   (N) "EMPLOYEE" SHALL MEAN ALL WORKERS, WHETHER FULL-TIME OR PART-TIME,
 PERMANENT OR FIXED-TERM, DIRECTLY CONTRACTED OR HIRED INDIRECTLY THROUGH
 AN AGENCY OR OTHER INTERMEDIARY.
   2. DUE DILIGENCE. (A) EVERY FASHION SELLER SHALL EFFECTIVELY CARRY OUT
 ENVIRONMENTAL  DUE  DILIGENCE FOR THE PORTIONS OF THEIR BUSINESS RELATED
 TO WEARING APPAREL, FOOTWEAR OR FASHION BAGS, INCLUDING WEARING APPAREL,
 FOOTWEAR OR FASHION BAGS  PRODUCED  AS  A  PRIVATE  LABEL,  WHICH  SHALL
 INCLUDE:
   (I) SUPPLY CHAIN MAPPING:
 S. 4746--A                          4
 
   (1) COMPANIES TAKING A RISK-BASED APPROACH AND IMPLEMENTING GOOD FAITH
 EFFORTS   TO  MAP  SUPPLIERS  ACROSS  TIER  ONE  THROUGH  TIER  FOUR  OF
 PRODUCTION.
   (2)  DISCLOSURE OF SUPPLIERS OF THE PRODUCTION SUPPLY CHAIN INCLUDING:
 THE NAME, PARENT COMPANY AND PRODUCT TYPE AT EACH SITE BY COUNTRY, FILED
 BY THE FOLLOWING:
   (A) TIER ONE SUPPLIERS SHALL BE DISCLOSED WITHIN TWELVE MONTHS OF  THE
 EFFECTIVE  DATE OF THIS SECTION, AND SHALL CONTAIN A MINIMUM OF SEVENTY-
 FIVE PERCENT OF SUPPLIERS BY VOLUME.
   (B) TIER TWO SUPPLIERS SHALL BE DISCLOSED  WITHIN  TWO  YEARS  OF  THE
 EFFECTIVE  DATE OF THIS SECTION, AND SHALL CONTAIN A MINIMUM OF SEVENTY-
 FIVE PERCENT OF SUPPLIERS BY VOLUME.
   (C) TIER THREE SUPPLIERS SHALL BE DISCLOSED WITHIN THREE YEARS OF  THE
 EFFECTIVE  DATE  OF  THIS  SECTION  AND SHALL CONTAIN A MINIMUM OF FIFTY
 PERCENT OF SUPPLIERS BY VOLUME OR DOLLAR VALUE.
   (D) TIER FOUR SUPPLIERS SHALL BE DISCLOSED WITHIN FOUR  YEARS  OF  THE
 EFFECTIVE  DATE  OF  THIS  SECTION  AND SHALL CONTAIN A MINIMUM OF FIFTY
 PERCENT OF SUPPLIERS BY VOLUME OR DOLLAR VALUE.
   (II) IN CARRYING OUT EFFECTIVE DUE DILIGENCE, FASHION SELLERS SHALL BE
 IN COMPLIANCE WITH THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVEL-
 OPMENT GUIDELINES FOR MULTINATIONAL ENTERPRISES AND THE ORGANISATION FOR
 ECONOMIC CO-OPERATION AND DEVELOPMENT DUE DILIGENCE GUIDANCE FOR RESPON-
 SIBLE SUPPLY CHAINS IN THE GARMENT AND FOOTWEAR SECTOR, REQUIRING  FASH-
 ION SELLERS TO, AT A MINIMUM:
   (1) EMBED RESPONSIBLE BUSINESS CONDUCT INTO THE COMPANY'S POLICIES AND
 MANAGEMENT SYSTEMS;
   (2)  IDENTIFY  AREAS  OF  SIGNIFICANT RISKS IN THE CONTEXTS OF ITS OWN
 ACTIVITIES AND BUSINESS AND SUPPLY CHAIN RELATIONSHIPS;
   (3) IDENTIFY, PRIORITIZE, AND ASSESS  THE  SIGNIFICANT  POTENTIAL  AND
 ACTUAL ADVERSE IMPACTS OF THOSE RISKS;
   (4)  CEASE,  PREVENT  OR MITIGATE THOSE RISKS. THIS SHALL INCLUDE, BUT
 NOT BE LIMITED TO:
   (A) ESTABLISHING QUANTITATIVE BASELINE AND REDUCTION TARGETS ON GREEN-
 HOUSE  GAS  EMISSIONS.  GREENHOUSE  GAS  EMISSIONS  INVENTORY  SHALL  BE
 REPORTED  ANNUALLY, STARTING IN TWO THOUSAND TWENTY-SIX FOR EMISSIONS IN
 THE PRIOR FISCAL YEAR; INCLUDE ABSOLUTE FIGURES; AND  CONFORM  WITH  THE
 ACCOUNTING  AND REPORTING REQUIREMENTS OF THE MOST RECENT GREENHOUSE GAS
 PROTOCOL CORPORATE ACCOUNTING AND REPORTING STANDARD,  SCOPE  TWO  GUID-
 ANCE, AND, STARTING IN TWO THOUSAND TWENTY-SEVEN, THE MOST RECENT CORPO-
 RATE  VALUE  CHAIN SCOPE THREE ACCOUNTING AND REPORTING STANDARD PROMUL-
 GATED BY THE WORLD RESOURCES INSTITUTE AND THE  WORLD  BUSINESS  COUNCIL
 FOR SUSTAINABLE DEVELOPMENT. GREENHOUSE GAS EMISSIONS INVENTORY REPORTED
 IN  THE  DUE  DILIGENCE REPORT REQUIRED PURSUANT TO SUBDIVISION THREE OF
 THIS SECTION SHALL BE INDEPENDENTLY VERIFIED NO LESS THAN ONCE EVERY TWO
 YEARS. FASHION SELLERS SHALL NOT BE SUBJECT TO AN ADMINISTRATIVE PENALTY
 UNDER THIS SECTION FOR ANY MISSTATEMENTS  WITH  REGARD  TO  SCOPE  THREE
 EMISSIONS DISCLOSURES MADE WITH A REASONABLE BASIS AND DISCLOSED IN GOOD
 FAITH.  WITHIN FOUR YEARS OF THE EFFECTIVE DATE OF THIS SECTION, PRIMARY
 DATA SHALL BE USED TO CAPTURE THE FASHION SELLER'S  TIER  TWO  AND  TIER
 THREE INVENTORY OF ITS MOST SIGNIFICANT SUPPLIERS CONTRIBUTING TO GREEN-
 HOUSE  GAS EMISSIONS. SIGNIFICANT SUPPLIERS SHALL MEAN SUPPLIERS REPRES-
 ENTING SEVENTY-FIVE PERCENT OF FABRIC BY VOLUME IN TIER  TWO  AND  FIFTY
 PERCENT  OF  FABRIC  BY  VOLUME  IN  TIER THREE. GREENHOUSE GAS EMISSION
 REDUCTION TARGETS MUST BE NEAR-TERM AND LONG-TERM, COVERING SCOPES  ONE,
 TWO  AND  THREE  EMISSIONS,  AND ALIGN WITH, AT A MINIMUM, SCIENCE BASED
 TARGET INITIATIVE'S MOST RECENT TARGET VALIDATION CRITERIA AS PROMULGAT-
 S. 4746--A                          5
 
 ED BY WORLD RESOURCES INSTITUTE, CDP, UNITED NATIONS GLOBAL COMPACT  AND
 THE  WORLD  WILDLIFE  FUND. FOR FASHION SELLERS WITH GLOBAL REVENUE OVER
 ONE BILLION DOLLARS, THE ABSOLUTE CONTRACTION APPROACH MUST BE  USED  TO
 CALCULATE  SCOPE THREE EMISSIONS. FASHION SELLERS SHALL MEET TARGETS AND
 REPORT THEIR COMPLIANCE ON  AN  ANNUAL  BASIS  IN  THEIR  DUE  DILIGENCE
 REPORT,  AS  REQUIRED  PURSUANT TO SUBDIVISION THREE OF THIS SECTION. IF
 FOUND TO BE OUT OF  COMPLIANCE,  FASHION  SELLERS  SHALL  HAVE  EIGHTEEN
 MONTHS  TO  REMEDY THEIR EMISSIONS AND RETURN TO THE NECESSARY REDUCTION
 PATHWAY TO DELIVER ON THEIR TARGETS. IN NON-TARGET YEARS, NON-COMPLIANCE
 SHALL MEAN AN INCREASE IN ABSOLUTE EMISSIONS IN THREE CONSECUTIVE YEARS,
 FOR COMPANIES OVER A BILLION DOLLARS IN REVENUE. IN TARGET  YEARS,  NON-
 COMPLIANCE SHALL MEAN NOT REACHING THE TARGET;
   (B)  BEING  IN  COMPLIANCE  WITH,  AT A MINIMUM, THE ZERO DISCHARGE OF
 HAZARDOUS CHEMICALS PROGRAM'S MOST RECENT WASTEWATER GUIDELINES, FASHION
 SELLERS SHALL BE REQUIRED, FOR ALL SIGNIFICANT TIER TWO DYEING,  FINISH-
 ING  AND  GARMENT  WASHING SUPPLIERS, TO SAMPLE AND REPORT ON WASTEWATER
 CHEMICAL CONCENTRATIONS AND WATER USAGE, WITHIN TWO YEARS OF THE  EFFEC-
 TIVE DATE OF THIS SECTION. SUCH REPORTS SHALL BE INDEPENDENTLY VERIFIED.
 FASHION  SELLERS  SHALL  ALSO  PROVIDE CORRECTIVE ACTION PLANS FOR THEIR
 WASTEWATER TREATMENT WITHIN THIRTY MONTHS OF THE EFFECTIVE DATE OF  THIS
 SECTION.  AFTER THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION, FASH-
 ION  SELLERS  SHALL BE CONSIDERED OUT OF COMPLIANCE IF THEIR SIGNIFICANT
 TIER TWO DYEING, FINISHING AND GARMENT SUPPLIERS HAVE NOT MADE  ADEQUATE
 PROGRESS  IN REMEDIATION OF WASTEWATER POLLUTION CONCENTRATIONS. SIGNIF-
 ICANT SUPPLIERS SHALL MEAN SUPPLIERS REPRESENTING  SEVENTY-FIVE  PERCENT
 OF FABRIC BY VOLUME;
   (C) UTILIZING RESPONSIBLE EXIT OR DISENGAGEMENT STRATEGIES;
   (D)  CONSULTING  AND  ENGAGING  WITH IMPACTED AND POTENTIALLY IMPACTED
 STAKEHOLDERS AND RIGHTS HOLDERS AND THEIR REPRESENTATIVES;
   (5) TRACK IMPLEMENTATION AND RESULTS;
   (6) PROVIDE FOR OR CO-OPERATE  IN  REMEDIATION  IN  THE  EVENT  OF  AN
 ADVERSE IMPACT:
   (A)  REMEDIES  SHALL  SEEK  TO RESTORE THE AFFECTED PERSON OR PERSONS,
 WHERE PRACTICABLE, TO THE SITUATION THEY WOULD  HAVE  BEEN  IN  HAD  THE
 ADVERSE IMPACT NOT OCCURRED AND SHALL ENABLE REMEDIATION THAT IS PROPOR-
 TIONATE TO THE SIGNIFICANCE AND SCALE OF THE ADVERSE IMPACT; AND
   (B)  REMEDIES SHALL INCLUDE, DEPENDING ON THE NATURE AND EXTENT OF THE
 ADVERSE IMPACT, REMEDIATION, RESTITUTION OR FINANCIAL  OR  NON-FINANCIAL
 COMPENSATION,  INCLUDING  ESTABLISHING COMPENSATION FUNDS FOR VICTIMS OR
 FOR FUTURE OUTREACH AND EDUCATIONAL PROGRAMS, PUNITIVE SANCTIONS INCLUD-
 ING THE DISMISSALS OF STAFF RESPONSIBLE FOR WRONGDOING, AND ESTABLISHING
 AND UNDERTAKING MEASURES TO PREVENT FUTURE ADVERSE  IMPACTS,  WHICH  MAY
 INCLUDE,  BUT  ARE NOT LIMITED TO THE DEVELOPMENT OF INTERNAL PROTOCOLS,
 PRACTICES AND PROCEDURES TO PREVENT FUTURE ADVERSE IMPACTS.
   (B) THE DUE DILIGENCE REQUIREMENTS PURSUANT TO THIS SUBDIVISION  SHALL
 NOT  BE  CONDITIONAL  UPON THE COMPANY BEING EFFECTIVELY INVOLVED IN THE
 SUBSIDIARY'S DAY-TO-DAY OPERATIONS OR EXERCISING A SUFFICIENT DEGREE  OF
 CONTROL ON COMPANIES WITHIN ITS SUPPLY CHAIN.
   3.  REPORTING.  EVERY  FASHION  SELLER SHALL DEVELOP AND SUBMIT TO THE
 DEPARTMENT OF STATE ANNUALLY, BEGINNING WITHIN EIGHTEEN  MONTHS  OF  THE
 EFFECTIVE DATE OF THIS SECTION, A DUE DILIGENCE REPORT.
   (A) SUCH REPORT, EXCLUDING THE INFORMATION REQUIRED IN CLAUSE THREE OF
 SUBPARAGRAPH  (I)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION,
 SHALL ALSO BE MADE PUBLICLY AVAILABLE ON THE FASHION SELLER'S WEBSITE IN
 A MACHINE READABLE AND REUSABLE FORMAT, PUBLISHED IN LINE WITH OPEN DATA
 PRINCIPLES THROUGH A CLEAR AND EASILY DISCOVERABLE LINK TO THE  REQUIRED
 S. 4746--A                          6
 
 INFORMATION.  IN  THE EVENT THE FASHION SELLER DOES NOT HAVE AN INTERNET
 WEBSITE, THE COMPANY SHALL PROVIDE A WRITTEN DISCLOSURE  TO  ANY  PERSON
 WHO HAS REQUESTED INFORMATION WITHIN THIRTY DAYS OF RECEIVING A REQUEST.
 SUCH  REPORT  SHALL  ALSO  INCLUDE THE FASHION SELLER'S ANNUAL VOLUME OF
 MATERIAL PRODUCED, INCLUDING BREAKDOWN BY MATERIAL TYPE.
   (B) SUCH REPORT SHALL CONTAIN ANNUAL ACTIVITIES AND FINANCIAL SPENDING
 TO SUPPORT SUPPLY CHAIN DUE DILIGENCE.
   (C) THE DEPARTMENT OF STATE SHALL IDENTIFY AND NOTIFY FASHION  SELLERS
 THAT  HAVE  FAILED  TO FILE A DUE DILIGENCE REPORT THAT THEY HAVE THIRTY
 DAYS TO FILE SUCH REPORT BEFORE BEING PLACED ON A  PUBLIC  NON-COMPLIANT
 LIST  AND THAT THEY MAY BE REFERRED TO THE ATTORNEY GENERAL FOR INVESTI-
 GATION.
   (D) THE DEPARTMENT OF STATE SHALL REVIEW THE DUE DILIGENCE REPORTS FOR
 COMPLETENESS.
   (E) FASHION SELLERS SHALL HAVE TWELVE MONTHS FROM THE INTRODUCTION  OF
 ANY  UPDATED GUIDANCE DOCUMENTS TO INTEGRATE SUCH GUIDANCE INTO THE NEXT
 ANNUAL DUE DILIGENCE REPORT.
   4. REGULATIONS. (A) THE DEPARTMENT OF  STATE  SHALL,  IN  CONSULTATION
 WITH  THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, PROMULGATE ALL RULES
 AND REGULATIONS NECESSARY TO IMPLEMENT THE PROVISIONS  OF  THIS  SECTION
 WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF THIS SECTION.
   (B)  THE  DEPARTMENT  OF STATE, IN CONSULTATION WITH THE DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION, SHALL ALSO DEVELOP  AND  DISSEMINATE  EDUCA-
 TIONAL  MATERIALS TO FASHION SELLERS, INCLUDING PROVIDING ALERTS ON TIME
 SENSITIVE ISSUES, EMERGING ISSUES, AND HIGH-RISK COUNTRY SITUATIONS, AND
 ASSISTING FASHION SELLERS IN IMPROVING THE QUALITY OF  THEIR  DUE  DILI-
 GENCE PROCESSES.
   (C)  THE  DEPARTMENT OF STATE SHALL CONSULT THE MOST RECENT GREENHOUSE
 GAS PROTOCOL CORPORATE ACCOUNTING  AND  REPORTING  STANDARD  TO  DEVELOP
 METHODOLOGIES  TO  CALCULATE  DATA  CAPTURE  AS  LAID OUT IN ITEM (A) OF
 CLAUSE FOUR OF SUBPARAGRAPH (II) OF  PARAGRAPH (A) OF SUBDIVISION TWO OF
 THIS SECTION, PRIOR TO THAT REQUIREMENT BECOMING EFFECTIVE.
   (D) THE DEPARTMENT OF STATE SHALL  DEVELOP  REGULATIONS  ON  REPORTING
 REQUIREMENTS  THAT  MINIMIZE  DUPLICATION OF EFFORT AND ALLOWS A FASHION
 SELLER TO SUBMIT A DUE DILIGENCE REPORT TO THE DEPARTMENT OF STATE  THAT
 IS  PREPARED TO MEET OTHER NATIONAL AND INTERNATIONAL REPORTING REQUIRE-
 MENTS, INCLUDING ANY REPORTS REQUIRED BY THE FEDERAL GOVERNMENT, AS LONG
 AS SUCH REPORTS SATISFY ALL OF THE REQUIREMENTS OF  SUBDIVISION  TWO  OF
 THIS SECTION.
   5.  VERIFICATION.  (A)  THE DEPARTMENT OF STATE SHALL, IN CONSULTATION
 WITH THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, DEVELOP A PROCESS FOR
 ACCREDITING  VERIFICATION  BODIES  AUTHORIZED  TO  PROVIDE  VERIFICATION
 SERVICES  FOR THE PURPOSES OF THIS SECTION, INCLUDING WHICH REQUIREMENTS
 THE ENTITY IS AUTHORIZED TO VERIFY.
   (B) SUCH PROCESS SHALL AT A MINIMUM CONSIDER:
   (I) THE DEMONSTRATED QUALIFICATIONS OF VERIFICATION  STAFF,  INCLUDING
 THEIR  EDUCATION,  EXPERIENCE,  AND PROFESSIONAL LICENSES.  VERIFICATION
 BODIES MUST EMPLOY AND RETAIN AT LEAST FIVE TOTAL FULL-TIME  STAFF  WITH
 EXPERTISE IN THE REQUIREMENTS THEY SEEK TO VERIFY UNDER THIS SECTION;
   (II)  ANY JUDICIAL PROCEEDINGS, ENFORCEMENT ACTIONS, OR ADMINISTRATIVE
 ACTIONS FILED AGAINST THE BODY WITHIN THE PREVIOUS FIVE YEARS; AND
   (III) THE POLICIES AND MECHANISMS IN PLACE  TO  PREVENT  CONFLICTS  OF
 INTEREST  AND  TO  IDENTIFY  AND  RESOLVE POTENTIAL CONFLICT OF INTEREST
 SITUATIONS IF THEY ARISE. THE DEPARTMENT  SHALL  REQUIRE  APPLICANTS  TO
 SUBMIT THE FOLLOWING INFORMATION, AT A MINIMUM:
 S. 4746--A                          7
 
   (1)  IDENTIFICATION OF SERVICES PROVIDED BY THE VERIFICATION BODY, THE
 INDUSTRIES THAT THE BODY SERVES, AND THE LOCATIONS WHERE THOSE  SERVICES
 ARE PROVIDED;
   (2)  A  DETAILED  ORGANIZATIONAL  CHART THAT INCLUDES THE VERIFICATION
 BODY, ITS MANAGEMENT STRUCTURE, AND ANY RELATED ENTITIES; AND
   (3) THE VERIFICATION BODY'S INTERNAL CONFLICT OF INTEREST POLICY  THAT
 IDENTIFIES  ACTIVITIES AND LIMITS TO MONETARY OR NON-MONETARY GIFTS THAT
 APPLY TO ALL EMPLOYEES AND PROCEDURES TO MONITOR CONFLICTS OF INTEREST.
   (C) VERIFICATION BODIES SHALL NOT BE AUTHORIZED TO PROVIDE SERVICES TO
 A COMPANY WHERE A CONFLICT OF INTEREST EXISTS. A  CONFLICT  OF  INTEREST
 SHALL INCLUDE:
   (I) WHERE THE VERIFICATION BODY AND REPORTING ENTITY SHARE ANY MANAGE-
 MENT  STAFF  OR  BOARD  OF  DIRECTORS  MEMBERSHIP,  OR ANY OF THE SENIOR
 MANAGEMENT STAFF OF THE REPORTING  ENTITY  HAVE  BEEN  EMPLOYED  BY  THE
 VERIFICATION BODY, OR VICE VERSA, WITHIN THE PREVIOUS FIVE YEARS;
   (II)  ANY  EMPLOYEE  OF  THE  VERIFICATION  BODY, OR ANY EMPLOYEE OF A
 RELATED ENTITY, OR A SUBCONTRACTOR WHO IS A MEMBER OF  THE  VERIFICATION
 TEAM  HAS  PROVIDED  THE  REPORTING  ENTITY WITH SERVICES RELATED TO THE
 AREAS OF VERIFICATION, OR ANY SERVICES DESIGNATED BY THE  DEPARTMENT  OF
 STATE, WITHIN THE PREVIOUS FIVE YEARS;
   (III)  ANY  STAFF MEMBER OF THE VERIFICATION BODY PROVIDES ANY TYPE OF
 NON-MONETARY INCENTIVE TO A REPORTING ENTITY TO  SECURE  A  VERIFICATION
 SERVICES CONTRACT; AND
   (IV) ANY ADDITIONAL CRITERIA PROVIDED BY THE DEPARTMENT OF STATE.
   (D) VERIFICATION BODIES THAT HAVE BEEN ACCREDITED BY THE DEPARTMENT OF
 STATE  SHALL  NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS IF THEY NO LONGER
 MEET THE VERIFICATION REQUIREMENTS SET FORTH BY THIS SECTION.
   6. MONITORING AND ENFORCEMENT. (A) THE REQUIREMENTS IMPOSED ON FASHION
 SELLERS BY THIS SECTION SHALL BE MONITORED, INVESTIGATED,  AND  ENFORCED
 BY  THE  ATTORNEY GENERAL OR AN ADMINISTRATOR DESIGNATED BY THE ATTORNEY
 GENERAL TO BRING CIVIL PROCEEDINGS FOR AN INJUNCTION, OR FINES FOR MONE-
 TARY DAMAGES AS DESCRIBED IN THIS SECTION, OR  CIVIL  PERFORMANCE  OF  A
 STATUTORY  DUTY. FASHION SELLERS SHALL BE DEEMED NON-COMPLIANT WITH THIS
 SECTION IF THEY FAIL TO CONDUCT  EFFECTIVE  DUE  DILIGENCE  PURSUANT  TO
 SUBDIVISION  TWO  OF THIS SECTION OR FAIL TO FILE A DUE DILIGENCE REPORT
 PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (B) THE DEPARTMENT OF STATE SHALL IDENTIFY AND NOTIFY FASHION  SELLERS
 THAT  HAVE FAILED TO FILE A COMPLETE DUE DILIGENCE REPORT. IF SUCH FASH-
 ION SELLERS FAIL TO FILE A COMPLETE REPORT,  AFTER  A  PERIOD  OF  THREE
 MONTHS,  THE  DEPARTMENT  OF  STATE  SHALL  REFER FASHION SELLERS TO THE
 ATTORNEY GENERAL FOR ENFORCEMENT FOR FAILURE TO FILE A COMPLETE REPORT.
   (C) THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  SHALL  REVIEW  AND
 CERTIFY  EFFECTIVE  DUE  DILIGENCE  FOR ENVIRONMENTAL MATTERS IN THE DUE
 DILIGENCE REPORT AND IDENTIFY FASHION SELLERS FOR REFERRAL TO THE SECRE-
 TARY OF STATE FOR ANY FAILURES.
   (D) THE DEPARTMENT OF STATE SHALL COMPILE AND MAINTAIN A LIST OF  NON-
 COMPLIANT FASHION SELLERS ON THE DEPARTMENT'S WEBSITE. THE DEPARTMENT OF
 STATE  SHALL REFER TO THE ATTORNEY GENERAL FOR INVESTIGATION ANY FASHION
 SELLER WHO FAILS TO FILE A DUE DILIGENCE  REPORT  OR  FAILS  TO  CONDUCT
 EFFECTIVE  DUE  DILIGENCE,  ONCE ANY GRACE PERIOD LAPSES AND THE FASHION
 SELLER REMAINS IN NON-COMPLIANCE.
   (E) FASHION SELLERS FOUND TO BE OUT OF COMPLIANCE  WITH  THIS  SECTION
 AFTER  THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED ADMIN-
 ISTRATOR AS APPLICABLE, HAS PROVIDED NOTICE OF NON-COMPLIANCE, AND AFTER
 A THREE-MONTH PERIOD TO MEET OBLIGATIONS UNDER THIS SECTION HAS  LAPSED,
 MAY  BE  FINED UP TO TWO PERCENT OF ANNUAL REVENUES. SUCH FINES SHALL BE
 S. 4746--A                          8
 
 DEPOSITED IN THE COMMUNITY BENEFIT FUND ESTABLISHED BY  SECTION  NINETY-
 SEVEN-CCC OF THE STATE FINANCE LAW.
   (F)  THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED ADMIN-
 ISTRATOR SHALL USE  A  RISK-BASED  APPROACH  IN  ENFORCEMENT  AND  SHALL
 PUBLISH ENFORCEMENT GUIDELINES.
   (G)  ANY PERSON MAY REPORT A VIOLATION OF THIS SECTION TO THE ATTORNEY
 GENERAL'S OFFICE.
   § 399-MMM. FASHION ENVIRONMENTAL ACCOUNTABILITY ACT COMPACT. 1.  RULES
 OF  CONSTRUCTION.  (A)  THIS  COMPACT SHALL NOT BE CONSTRUED TO DISPLACE
 FEDERAL RULES OR REGULATIONS RELATING TO THE REGULATION OF  GARMENTS  OR
 OTHER  SUCH PRODUCTS COVERED BY THE FASHION ENVIRONMENTAL ACCOUNTABILITY
 ACT.
   (B) THIS COMPACT SHALL  BE  CONSTRUED  IN  A  MANNER  TO  ACHIEVE  THE
 PURPOSES AND INTENT ENUNCIATED IN THE FASHION ENVIRONMENTAL ACCOUNTABIL-
 ITY ACT. IT IS THE INTENT OF THIS COMPACT TO ESTABLISH A BASIC STRUCTURE
 BY  WHICH THE COMMISSION MAY ACHIEVE THOSE PURPOSES THROUGH THE APPLICA-
 TION, ADAPTATION, AND DEVELOPMENT OF THE REGULATORY TECHNIQUES  PURSUANT
 TO  THE  FASHION  ENVIRONMENTAL  ACCOUNTABILITY  ACT  AND  TO AFFORD THE
 COMMISSION SUFFICIENT FLEXIBILITY TO  DEVISE  REGULATORY  MECHANISMS  TO
 ACHIEVE  THE  PURPOSES  OF  THIS  COMPACT IN LINE WITH THE INTENT OF THE
 FASHION  ENVIRONMENTAL  ACCOUNTABILITY  ACT.  IN  ACCORDANCE  WITH  THIS
 INTENT,  THE  COMMISSION SHALL USE THE TERMS AND PURPOSE DEFINED IN THIS
 ACT, SOLELY FOR THE INTENT OF COORDINATING RULES AND REGULATIONS EXCLUD-
 ING IMPLEMENTATION, WHICH SHALL BE THE RESPONSIBILITY OF THE PARTICIPAT-
 ING STATES. THE COMMISSION MAY FURTHER DEFINE THE  TERMS  USED  IN  THIS
 COMPACT,  DEVELOP  ADDITIONAL CONCEPTS AND DEFINE ADDITIONAL TERMS AS IT
 MAY FIND APPROPRIATE TO ACHIEVE ITS PURPOSES AND RESPONSIBILITIES.
   (C) THIS COMPACT SHALL COME INTO FORCE  UPON  ENTRY  OF  TWO  OR  MORE
 PARTICIPATING STATES.
   2.  INTERSTATE FASHION ENVIRONMENTAL ACCOUNTABILITY COMMISSION.  THERE
 IS HEREBY CREATED AN  INTERSTATE  FASHION  ENVIRONMENTAL  ACCOUNTABILITY
 COMMISSION  TO  ADMINISTER THE COMPACT, COMPOSED OF REPRESENTATIVES FROM
 EACH PARTICIPATING STATE. A  REPRESENTATIVE  SHALL  BE  APPOINTED  BY  A
 PARTICIPATING STATE AT SUCH STATE'S DISCRETION. A STATE'S REPRESENTATIVE
 SHALL  BE A RESIDENT OF SUCH STATE WITH RELEVANT EXPERTISE OR SCIENTIFIC
 KNOWLEDGE IN THE AREAS INCLUDING BUT NOT  LIMITED  TO  FASHION  ENVIRON-
 MENTAL  SUSTAINABILITY,  ENVIRONMENTAL  PROTECTION, INTERNATIONAL SUPPLY
 CHAINS, THE ESTABLISHMENT OF BY-LAWS, RULES, AND REGULATIONS FOR  INTER-
 STATE  COMPACTS,  INTERSTATE  COMMERCE, AND SUBJECT TO SUCH CONFIRMATION
 PROCESS AS IS PROVIDED  FOR  IN  THE  APPOINTING  STATE.  IN  ALL  OTHER
 RESPECTS, SUCH REPRESENTATIVE SHALL SERVE IN ACCORDANCE WITH THE LAWS OF
 THE  PARTICIPATING STATE AND FOR A TIME AS DETERMINED BY THE PARTICIPAT-
 ING STATE. THE COMPENSATION, IF ANY, SHALL BE DETERMINED BY THE  BY-LAWS
 OF  THE COMPACT. EACH STATE REPRESENTATIVE SHALL BE ENTITLED TO ONE VOTE
 IN THE CONDUCT OF THE COMMISSION'S AFFAIRS. ANY  EXPENSES  INCURRED  FOR
 THE  PURPOSES OF PARTICIPATION SHALL BE PAID BY THE COMMISSION AND SHALL
 BE SHARED EQUITABLY ACROSS PARTICIPATING STATES.
   3. VOTING REQUIREMENTS.  ALL ACTIONS TAKEN BY THE COMMISSION, SHALL BE
 BY MAJORITY VOTE OF THE REPRESENTATIVES PRESENT, EXCEPT FOR THE ADOPTION
 OF BY-LAWS, WHICH SHALL BE BY A  TWO-THIRDS  VOTE.  A  MAJORITY  OF  THE
 REPRESENTATIVES  FROM THE PARTICIPATING STATES SHALL CONSTITUTE A QUORUM
 FOR THE CONDUCT OF THE COMMISSION'S BUSINESS.
   4. ADMINISTRATION AND MANAGEMENT. (A) THE COMMISSION SHALL ELECT ANNU-
 ALLY FROM AMONG THE REPRESENTATIVES OF THE PARTICIPATING STATES A CHAIR-
 PERSON, A VICE-CHAIRPERSON, A SECRETARY, AND A TREASURER. THE COMMISSION
 SHALL APPOINT AN EXECUTIVE DIRECTOR AND FIX THEIR DUTIES IN CARRYING OUT
 S. 4746--A                          9
 
 THE INTENT OF THE COMPACT AS WELL AS COMPENSATION. THE EXECUTIVE  DIREC-
 TOR  SHALL  SERVE  AT THE PLEASURE OF THE COMMISSION, AND, TOGETHER WITH
 THE TREASURER, SHALL BE BONDED IN AN AMOUNT DETERMINED  BY  THE  COMMIS-
 SION.
   (B) THE COMMISSION SHALL ADOPT BY-LAWS FOR THE CONDUCT OF ITS BUSINESS
 BY A TWO-THIRDS VOTE, AND SHALL HAVE THE POWER BY THE SAME VOTE TO AMEND
 OR  RESCIND  SECTIONS  OF SUCH BY-LAWS. THE COMMISSION SHALL PUBLISH ITS
 BY-LAWS IN A CONVENIENT FORM WHICH SHALL BE  ACCESSIBLE  TO  THE  PUBLIC
 WITH  THE  APPROPRIATE  AGENCY  OR  OFFICER IN EACH OF THE PARTICIPATING
 STATES. THE BY-LAWS SHALL PROVIDE FOR APPROPRIATE NOTICE, TO  THE  STATE
 REPRESENTATIVES,  OF  ALL  COMMISSION  MEETINGS  AND HEARINGS AND OF THE
 BUSINESS TO BE TRANSACTED AT SUCH  MEETINGS  OR  HEARINGS.  NOTICE  ALSO
 SHALL  BE GIVEN TO OTHER AGENCIES OR OFFICERS OF PARTICIPATING STATES AS
 PROVIDED BY THE LAWS OF THOSE STATES.
   (C) THE COMMISSION SHALL FILE AN ANNUAL REPORT  WITH  RESPECT  TO  ITS
 ACTIVITIES  AND OUTCOMES FOR THE PRECEDING YEAR WITH EACH OF THE PARTIC-
 IPATING STATES BY SUBMITTING COPIES TO THE GOVERNOR, BOTH HOUSES OF  THE
 LEGISLATURE, AND THE HEAD OF THE STATE'S DEPARTMENTS DEEMED NECESSARY BY
 EACH RESPECTIVE PARTICIPATING STATE FOR THE IMPLEMENTATION OF THIS ACT.
   (D)  IN ADDITION TO THE POWERS AND DUTIES ELSEWHERE PRESCRIBED IN THIS
 COMPACT, THE COMMISSION SHALL HAVE THE POWER TO:
   (I) ACQUIRE, HOLD, AND DISPOSE OF REAL AND PERSONAL PROPERTY BY  GIFT,
 PURCHASE,  LEASE,  LICENSE,  OR  OTHER SIMILAR MANNER, FOR THE EXCLUSIVE
 PURPOSE OF COORDINATING IMPLEMENTATION OF THE ACT BETWEEN  PARTICIPATING
 STATES;
   (II)  APPOINT  SUCH  OFFICERS,  AGENTS,  AND  EMPLOYEES AS IT MAY DEEM
 NECESSARY AND PRESCRIBE THEIR POWERS, DUTIES, AND QUALIFICATIONS; AND
   (III) CREATE AND ABOLISH SUCH EMPLOYMENTS AND POSITIONS  AS  IT  DEEMS
 NECESSARY  FOR  THE PURPOSES OF THE COMPACT AND PROVIDE FOR THE REMOVAL,
 TERM, TENURE, COMPENSATION, FRINGE  BENEFITS,  PENSION,  AND  RETIREMENT
 RIGHTS  OF  ITS  EMPLOYEES AND POSITIONS. THE COMMISSION MAY ALSO RETAIN
 PERSONAL SERVICES ON A CONTRACT BASIS FOR THE EXCLUSIVE PURPOSE OF COOR-
 DINATING IMPLEMENTATION OF THE FASHION ENVIRONMENTAL ACCOUNTABILITY  ACT
 BETWEEN PARTICIPATING STATES.
   5.  RULEMAKING  POWER.    THE COMMISSION IS FURTHER EMPOWERED TO ADOPT
 UNIFORM ADMINISTRATIVE PROCEDURES AND  RULES  AND  REGULATIONS  FOR  THE
 IMPLEMENTATION  OF  THE  FASHION ENVIRONMENTAL ACCOUNTABILITY ACT AND TO
 MAKE AND ENFORCE SUCH ADDITIONAL  RULES  AND  REGULATIONS  AS  IT  DEEMS
 NECESSARY  TO  IMPLEMENT  ANY PROVISIONS OF THIS COMPACT. THE COMMISSION
 SHALL ALSO PROVIDE A CONCISE GENERAL STATEMENT OF BASIS AND  PURPOSE  AS
 REQUIRED BY SECTION 4(B) OF THE FEDERAL ADMINISTRATIVE PROCEDURE ACT, AS
 AMENDED (5 U.S.C. SEC. 553(C)).
   6. POWERS TO PROMOTE REGULATORY UNIFORMITY, SIMPLICITY, AND INTERSTATE
 COOPERATION. THE COMMISSION IS HEREBY EMPOWERED TO:
   (A)  CONDUCT  MONITORING AND EVALUATION OF THE RELEVANT LAWS AND RULES
 AND REGULATIONS OF THE PARTICIPATING STATES, INCLUDING THE  QUALITY  AND
 EXTENT  OF  THEIR  IMPLEMENTATION  AND THEIR IMPACT RELATED TO REGULATED
 ENTITIES TO ENSURE COMPLIANCE WITH THE INTENT OF  THE  FASHION  ENVIRON-
 MENTAL ACCOUNTABILITY ACT;
   (B) PREPARE AND TRANSMIT TO PARTICIPATING STATES MODEL RULES AND REGU-
 LATIONS  TO  ENSURE THE EFFECTIVE ADMINISTRATION OF THE FASHION ENVIRON-
 MENTAL ACCOUNTABILITY ACT AND ITS INTENT;
   (C) STUDY AND RECOMMEND TO THE PARTICIPATING STATES JOINT  OR  COORDI-
 NATED  PROGRAMS  FOR  THE  ADMINISTRATION  OF  THE FASHION ENVIRONMENTAL
 ACCOUNTABILITY ACT AND TO PREPARE ESTIMATES OF COST SAVINGS AND BENEFITS
 OF SUCH PROGRAMS;
 S. 4746--A                         10
 
   (D) ENCOURAGE COLLABORATIVE RELATIONSHIPS BETWEEN THE REGULATED  ENTI-
 TIES  OF  THE FASHION ENVIRONMENTAL ACCOUNTABILITY ACT AND PARTICIPATING
 STATES FOR THE PROPER COMPLIANCE OF  FASHION  SELLERS  PURSUANT  TO  THE
 FASHION ENVIRONMENTAL ACCOUNTABILITY ACT AND PARTICIPATING STATES' MUTU-
 AL  CHALLENGES TO ENFORCEMENT, INCLUDING THROUGH MEETINGS, SYMPOSIUMS OR
 CONFERENCES DESIGNED TO IMPROVE INDUSTRY RELATIONS, COORDINATION BETWEEN
 PARTICIPATING STATES, OR  A  BETTER  UNDERSTANDING  OF  CHALLENGES  WITH
 REGARDS  TO  THE  ACHIEVING INTENT OF THE FASHION ENVIRONMENTAL ACCOUNT-
 ABILITY ACT;
   (E) PREPARE AND RELEASE PERIODIC REPORTS ON ACTIVITIES AND RESULTS  OF
 THE  COMMISSION'S  EFFORTS  WITH THE PARTICIPATING STATES WHICH SHALL BE
 READILY ACCESSIBLE TO THE PUBLIC;
   (F) REVIEW THE INTERPRETATION  AND  IMPLEMENTATION  OF  DUE  DILIGENCE
 PROCEDURES  AND COMPLIANCE WITH THE FASHION ENVIRONMENTAL ACCOUNTABILITY
 ACT BETWEEN PARTICIPATING STATES AND MAKE RECOMMENDED CHANGES AS  NECES-
 SARY  TO  ENSURE  UNIFORMITY  AND  CONTINUITY OF COMPLIANCE BETWEEN SUCH
 PARTICIPATING STATES IN KEEPING WITH THE INTENT OF THE FASHION  ENVIRON-
 MENTAL ACCOUNTABILITY ACT; AND
   (G)  FACILITATE  THE  SHARING  BETWEEN  PARTICIPATING  STATES  OF DATA
 REGARDING REGULATED ENTITIES AND THE IMPLEMENTATION OF THE INTENT OF THE
 ACT.
   7. RULEMAKING PROCEDURE. UPON ENTRY INTO FORCE OF  THIS  COMPACT,  THE
 COMMISSION SHALL CONDUCT AN INFORMAL RULEMAKING PROCEEDING, INCLUDING NO
 LESS  THAN ONE PUBLIC HEARING PER PARTICIPATING STATE, TO PROVIDE INTER-
 ESTED PERSONS WITH AN OPPORTUNITY TO PRESENT DATA AND VIEWS. SUCH  RULE-
 MAKING  PROCEEDING  SHALL  BE  GOVERNED  BY  SECTION FOUR OF THE FEDERAL
 ADMINISTRATIVE PROCEDURE ACT, AS AMENDED (5 U.S.C. SEC. 553).  IN  ADDI-
 TION,  THE  COMMISSION SHALL PUBLISH NOTICE OF RULEMAKING PROCEEDINGS IN
 THE OFFICIAL REGISTER AND WEBSITES OF THE DESIGNATED DEPARTMENTS OF EACH
 PARTICIPATING STATE, AT MINIMUM. THE COMMISSION MAY COMMENCE A  RULEMAK-
 ING  PROCEEDING  ON ITS OWN INITIATIVE OR MAY IN ITS SOLE DISCRETION ACT
 UPON THE PETITION OF ANY PERSON OR REGULATED ENTITY, CONSUMER OR  PUBLIC
 INTEREST GROUPS, AND LOCAL, STATE, OR FEDERAL OFFICIALS.
   8.  RECORDS,  REPORTS,  ACCESS  TO PREMISES. (A) THE COMMISSION MAY BY
 RULE AND REGULATION PRESCRIBE RECORDKEEPING AND  REPORTING  REQUIREMENTS
 FOR  ALL PARTICIPATING STATES FOR THE PURPOSES OF COORDINATING IMPLEMEN-
 TATION. FOR PURPOSES OF THE ADMINISTRATION AND  IMPLEMENTATION  OF  THIS
 COMPACT,  THE  COMMISSION IS AUTHORIZED TO EXAMINE THE BOOKS AND RECORDS
 OF ANY PARTICIPATING STATE RELATING TO THE ENFORCEMENT  OF  THE  FASHION
 ENVIRONMENTAL  ACCOUNTABILITY  ACT. THE COMMISSION'S PROPERLY DESIGNATED
 EMPLOYEES OR AGENTS SHALL HAVE FULL ACCESS DURING NORMAL BUSINESS  HOURS
 TO  THE  PREMISES  AND  RELEVANT  RECORDS OF ALL RELEVANT DEPARTMENTS OF
 PARTICIPATING STATES.
   (B) INFORMATION FURNISHED TO OR ACQUIRED BY THE  COMMISSION  OFFICERS,
 EMPLOYEES,  OR ITS AGENTS PURSUANT TO THIS SECTION SHALL BE AVAILABLE TO
 ALL PARTICIPATING STATES BUT CONFIDENTIAL  WITH  RESPECTS  TO  ANY  LAW,
 RULE, OR REGULATION REGARDING PROPRIETARY INFORMATION AND NOT SUBJECT TO
 PUBLIC DISCLOSURE EXCEPT TO THE EXTENT THAT THE COMMISSION DEEMS DISCLO-
 SURE  TO  BE  NECESSARY  IN  ANY  ADMINISTRATIVE  OR JUDICIAL PROCEEDING
 INVOLVING THE ADMINISTRATION OR IMPLEMENTATION OF THIS COMPACT OR  OTHER
 REGULATIONS OF THE COMMISSION. THE COMMISSION MAY PROMULGATE REGULATIONS
 FURTHER  DEFINING  THE  CONFIDENTIALITY  OF INFORMATION PURSUANT TO THIS
 SUBDIVISION. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT THE
 PUBLICATION BY DIRECTION OF THE COMMISSION OF THE NAME  OF  ANY  PARTIC-
 IPATING  STATE VIOLATING ANY REGULATION OF THE COMMISSION, TOGETHER WITH
 A STATEMENT OF THE PARTICULAR PROVISIONS VIOLATED  BY  SUCH  STATE.  THE
 S. 4746--A                         11
 
 COMMISSION  IS AUTHORIZED TO REQUIRE COMPLIANCE OF A PARTICIPATING STATE
 VIOLATING ANY REGULATION OF THE  COMMISSION  BY  MAJORITY  VOTE  OF  THE
 COMMISSION. FAILURE TO ADHERE TO SUCH COMPLIANCE SHALL DEEM SUCH PARTIC-
 IPATING  STATE  NOT-IN-GOOD STANDING WITH THE COMPACT AND BE VOID OF ALL
 PARTICIPATION OR REQUIREMENTS PURSUANT TO THE BY-LAWS ESTABLISHED BY THE
 COMMISSION.
   (C) NO OFFICER, EMPLOYEE, OR AGENT  OF  THE  COMMISSION  SHALL  INTEN-
 TIONALLY  DISCLOSE INFORMATION, BY INFERENCE OR OTHERWISE, WHICH IS MADE
 CONFIDENTIAL  PURSUANT  TO  THIS  SECTION.  ANY  PERSON  VIOLATING   THE
 PROVISIONS  OF  THIS  SECTION,  UPON  CONVICTION,  SHALL BE REMOVED FROM
 OFFICE.
   (D) THE COMMISSION SHALL REFER ANY ALLEGATION  OF  A  VIOLATION  OF  A
 REPRESENTATIVE  PURSUANT  TO  THIS SUBDIVISION TO THE RESPECTIVE PARTIC-
 IPATING STATE AND APPROPRIATE STATE ENFORCEMENT AUTHORITY.
   9. FINANCE OF STARTUP AND REGULAR COSTS. IN ORDER TO FINANCE THE COSTS
 OF ADMINISTRATION AND IMPLEMENTATION OF THIS COMPACT THE  COMMISSION  IS
 HEREBY EMPOWERED TO COLLECT AN ASSESSMENT FROM EACH PARTICIPATING STATE,
 PURSUANT  TO RULES AND REGULATIONS ENACTED BY THE COMMISSION. SUCH RULES
 AND REGULATIONS SHALL PROVIDE FOR ESTABLISHMENT OF  A  RESERVE  FOR  THE
 COMMISSION'S  ONGOING  OPERATING EXPENSES. PARTICIPATING STATES MAY FUND
 THE INITIAL EXPENSES ASSOCIATED WITH THE ESTABLISHMENT OF  THE  BY-LAWS,
 RULES AND REGULATIONS OF THE COMPACT AND COMMISSION STAFF.
   10.  AUDIT  AND  ACCOUNTS.  (A)  THE  COMMISSION  SHALL  KEEP ACCURATE
 ACCOUNTS OF ALL RECEIPTS AND DISBURSEMENTS, WHICH SHALL  BE  SUBJECT  TO
 THE  AUDIT  AND  ACCOUNTING  PROCEDURES  ESTABLISHED UNDER ITS RULES AND
 REGULATIONS. IN  ADDITION,  ALL  RECEIPTS  AND  DISBURSEMENTS  OF  FUNDS
 HANDLED  BY THE COMMISSION SHALL BE AUDITED YEARLY BY A QUALIFIED PUBLIC
 ACCOUNTANT AND THE REPORT OF THE AUDIT SHALL BE INCLUDED IN  AND  BECOME
 PART OF THE ANNUAL REPORT AND THE ANNUAL BUDGET OF THE COMMISSION.
   (B)  THE  ACCOUNTS  OF  THE COMMISSION SHALL BE OPEN AT ANY REASONABLE
 TIME FOR INSPECTION BY DULY CONSTITUTED REPRESENTATIVES OF  THE  PARTIC-
 IPATING STATES AND BY ANY PERSONS AUTHORIZED BY THE COMMISSION.
   (C)  NOTHING  CONTAINED  IN THIS COMPACT SHALL BE CONSTRUED TO PREVENT
 COMMISSION COMPLIANCE WITH LAWS  RELATING  TO  AUDIT  OR  INSPECTION  OF
 ACCOUNTS  BY  OR  ON  BEHALF OF ANY PARTICIPATING STATE OR OF THE UNITED
 STATES.
   11. ENTRY INTO FORCE; ADDITIONAL MEMBERS. THE COMPACT SHALL ENTER INTO
 FORCE FOR A PARTICIPATING STATE EFFECTIVE WHEN ENACTED INTO LAW BY  SUCH
 STATE, DISTRICT, OR TERRITORY OF THE UNITED STATES OF AMERICA.
   12.  VOLUNTARY  WITHDRAWAL  FROM  COMPACT. ANY PARTICIPATING STATE MAY
 WITHDRAW FROM THIS COMPACT BY ENACTING A STATUTE REPEALING THE SAME, BUT
 NO SUCH WITHDRAWAL SHALL TAKE EFFECT UNTIL  ONE  YEAR  AFTER  NOTICE  IN
 WRITING  OF  THE WITHDRAWAL IS GIVEN TO THE COMMISSION AND THE GOVERNORS
 OF ALL OTHER  PARTICIPATING  STATES.  NO  WITHDRAWAL  SHALL  AFFECT  ANY
 LIABILITY  ALREADY  INCURRED  BY  OR CHARGEABLE TO A PARTICIPATING STATE
 PRIOR TO THE TIME OF SUCH WITHDRAWAL.
   13. RESERVATION OF RIGHTS; IN GENERAL. THE RIGHT TO ALTER,  AMEND,  OR
 REPEAL THIS COMPACT IS EXPRESSLY RESERVED.
   §  3.  The state finance law is amended by adding a new section 97-ccc
 to read as follows:
   § 97-CCC. FASHION REMEDIATION FUND.  1. THERE IS HEREBY ESTABLISHED IN
 THE JOINT CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF  TAXATION  AND
 FINANCE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND THE COMMIS-
 SIONER  OF  LABOR  A SPECIAL FUND TO BE KNOWN AS THE FASHION REMEDIATION
 FUND.
 S. 4746--A                         12
 
   2. SUCH FUND SHALL CONSIST OF ALL MONEYS DEPOSITED PURSUANT  TO  PARA-
 GRAPH  (C) OF SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-NINE-MM OF
 THE GENERAL BUSINESS LAW.
   3. THE MONEYS IN THE FUND SHALL BE EXPENDED BY THE COMPTROLLER FOR THE
 PURPOSE  OF  IMPLEMENTING  ONE OR MORE ENVIRONMENTAL BENEFIT PROJECTS OR
 ENVIRONMENTAL REMEDIATION PROJECTS THAT DIRECTLY AND VERIFIABLY  BENEFIT
 THE  WORKERS  AND COMMUNITIES DIRECTLY IMPACTED, TO THE EXTENT PRACTICA-
 BLE, AT THE LOCATION THE INJURY HAS OCCURRED.
   4. ON OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR,  THE  COMPTROLLER
 SHALL  CERTIFY TO THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER
 OF THE ASSEMBLY, THE AMOUNT OF MONEY DEPOSITED BY  SOURCE  IN  THE  FUND
 DURING  THE  PRECEDING  CALENDAR YEAR, AS WELL AS ALL DISBURSEMENTS FROM
 THE FUND DURING THE PRECEDING CALENDAR YEAR.
   5. MONEYS SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND  WARRANT  OF
 THE  COMPTROLLER  ON VOUCHERS CERTIFIED AND APPROVED BY THE COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION AS APPLICABLE.
   § 4. The attorney general shall  certify  to  the  governor  that  the
 office  of  the  attorney  general  is  prepared  to  execute the duties
 assigned in subdivision 6 of section 399-mm of the general business  law
 within  one year following the effective date of this act. If, after the
 expiration of one year, the  attorney  general  requires  more  time  to
 certify  that  the office of the attorney general is prepared to execute
 such duties, the attorney general may, for good cause  shown,  apply  to
 the governor for an extension of time. The governor may grant or deny an
 extension of up to one year according to their discretion.
   §  5.  Severability. If any word, phrase, clause, sentence, paragraph,
 section, or part of this act shall be adjudged by any court of competent
 jurisdiction  to be invalid, such judgment shall not affect, impair,  or
 invalidate the remainder thereof, but shall be confined in its operation
 to the word, phrase, clause, sentence, paragraph, section, or part ther-
 eof  directly  involved in the controversy in which such  judgment shall
 have been rendered.
   § 6. This act shall take effect immediately; provided,  however,  that
 subdivision  6 of section 399-mm of the general business law as added by
 section two of this act shall take effect one year  after  the  attorney
 general certifies that the office of the attorney general is prepared to
 execute  the  duties  assigned in such subdivision. The attorney general
 shall notify the legislative bill drafting commission  upon  the  occur-
 rence of such certification in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of  the  state of New York in furtherance of effectuating the provisions
 of section 44 of the legislative law and  section  70-b  of  the  public
 officers law.