S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    618
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 5, 2023
                                ___________
 
 Introduced  by Sen. KAVANAGH -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law, in relation to the definition and
   purchase of tropical hardwoods
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  1 of section 165 of the state finance law is
 amended by adding six new paragraphs f, g, h, i, j  and  k  to  read  as
 follows:
   F.  "SUSTAINED  MANAGED FOREST" MEANS A FOREST THAT HAS BEEN CERTIFIED
 BY A FOREST CERTIFIER.
   G. "FOREST CERTIFIER" MEANS AN INDEPENDENT, THIRD  PARTY  ORGANIZATION
 THAT  CONDUCTS  COMPREHENSIVE ASSESSMENTS OF FOREST MANAGEMENT PRACTICES
 AND ENVIRONMENTAL PERFORMANCE.
   H. "CHAIN OF  CUSTODY"  MEANS  A  PROCESS  THAT  PROVIDES  DOCUMENTARY
 EVIDENCE VERIFYING THAT A GIVEN WOOD PRODUCT IS DERIVED FROM A CERTIFIED
 FOREST OF ORIGIN.
   I.  "CHAIN  OF  CUSTODY  CERTIFIER"  MEANS  AN INDEPENDENT THIRD PARTY
 ORGANIZATION THAT CERTIFIES CHAIN OF CUSTODY.
   J. "ENVIRONMENTALLY PREFERABLE BUILDING MATERIAL" MEANS ONE OR MORE OF
 THE FOLLOWING:
   (I) RECLAIMED WOOD PRODUCTS;
   (II) BIOBASED MATERIAL; OR
   (III) RECYCLED PLASTIC AND OTHER RECYCLED MATERIALS.
   K. "THIRD PARTY" MEANS AN ENTITY WHICH DOES NOT HAVE AN EQUITY  INTER-
 EST  IN  THE  LAND OR THE MANAGEMENT OF THE FORESTS BEING EVALUATED, AND
 INDEPENDENT FROM ANY TIMBER TRADE ASSOCIATION.
   § 2. Paragraph a of subdivision 2 of section 165 of the state  finance
 law,  as  added by chapter 83 of the laws of 1995, is amended to read as
 follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02424-01-3
 S. 618                              2
              

 
   a. Except as hereinafter provided,  the  state  and  any  governmental
 agency  or  political  subdivision  or public benefit corporation of the
 state shall not purchase or obtain for any purpose  any  tropical  hard-
 woods  or  tropical hardwood products, wholesale or retail, in any form,
 AND  SHALL SEEK TO MAXIMIZE THE USE OF ENVIRONMENTALLY PREFERABLE BUILD-
 ING MATERIALS BY WHATEVER MEANS PRACTICABLE BY LAW.
   § 3. Section 165 of the state finance law is amended by adding  a  new
 subdivision 2-a to read as follows:
   2-A.  ELIGIBLE  CERTIFIER  LIST.    A. THE DEPARTMENT OF ENVIRONMENTAL
 CONSERVATION SHALL CREATE A LIST OF ELIGIBLE FOREST CERTIFIERS AND CHAIN
 OF CUSTODY CERTIFIERS.
   B. THE DEPARTMENT SHALL PROMULGATE RULES AND REGULATIONS WHEN SPECIFY-
 ING THE INFORMATION THAT FOREST CERTIFIERS AND CHAIN OF CUSTODY CERTIFI-
 ERS PROVIDE IN ORDER TO BE DEEMED ELIGIBLE FOR THE PURPOSES OF  FULFILL-
 ING  THE  ELIGIBILITY  REQUIREMENTS  OF  THIS  SECTION. SUCH ELIGIBILITY
 REQUIREMENTS SHALL INCLUDE BUT NOT BE LIMITED TO:
   (I) CONDUCTING ON THE GROUND AUDITS, USING AN  INTERDISCIPLINARY  TEAM
 OF  EXPERTS  TO  EVALUATE THE ECOLOGICAL, SOCIAL, AND ECONOMIC IMPACT OF
 FOREST MANAGEMENT PRACTICES; AND
   (II) SEPARATE CHAIN OF CUSTODY CERTIFICATION, LINKING  EACH  CERTIFIED
 FOREST PRODUCT TO ITS CERTIFIED FOREST OF ORIGIN.
   C.  ONCE  THE  DEPARTMENT  HAS DETERMINED THAT A CERTIFIER HAS MET THE
 ELIGIBILITY REQUIREMENTS SPECIFIED, THE CERTIFIER SHALL BE DEEMED TO  BE
 AN APPROVED AND ELIGIBLE CERTIFIER FOR PURPOSES OF THIS SECTION.
   §  4. Subdivision 2 of section 165 of the state finance law is amended
 by adding a new paragraph e to read as follows:
   E. NOTHING IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT  ANY  LOCAL
 GOVERNMENT  FROM  ADOPTING  ANY LOCAL LAW, ORDINANCE, RULE OR REGULATION
 GOVERNING THE PURCHASE OF COMMODITIES WHICH IS MORE RESTRICTIVE THAN THE
 PROVISIONS OF THIS SECTION RELATING TO THE USE OF TROPICAL HARDWOODS  OR
 WOOD PRODUCTS.
   §  5.  This  act shall take effect on the ninetieth day after it shall
 have become a law.