LBD14124-03-5
S. 8851 2
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
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
S. 8851 3
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
DRYOBALANOPS SPP. KAPUR, KELADAN
KOOMPASSIA MALACCENSIS KEMPAS, IMPAS
Acacia koa Koa
ENTANDROPHRAGMA CANDOLLEI KOSIPO, OMU
Pterygota macrocarpa Koto, AFRICAN PTERYGOTA, WARE
OXANDRA LANCEOLATE LANCEWOOD
Shorea SPP. [negrosensis] [Red] Lauan, LUAN,
LAWAAN, MERANTI, WHITE
MERANTI, YELLOW MERANTI, DARK
RED MERANTI, LIGHT RED MERANTI,
SERAYA, TANGUILE, BANG,
PHILIPPINE MAHOGANY
S. 8851 4
[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, PADAUK,
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
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
S. 8851 5
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 THIRTY, AND AT LEAST
EVERY THREE YEARS THEREAFTER, THE DEPARTMENT OF ENVIRONMENTAL CONSERVA-
TION, IN CONSULTATION WITH THE OFFICE OF GENERAL SERVICES, 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 COMMONLY 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 CORRECT-
ING 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
APPROACH, OR BY ANOTHER METHODOLOGY WITH EQUIVALENT OR HIGHER STANDARDS
THAT INCLUDES PRIMARY FORESTS AND TROPICAL PEATLANDS OF ANY DEPTH.
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.
S. 8851 6
F. "TROPICAL PEATLANDS" MEANS WETLANDS WITHIN THE TROPICAL REGIONS
WITH A LAYER OF PEAT MADE UP OF DEAD AND DECAYING PLANT MATERIAL. TROP-
ICAL 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.
§ 2. Paragraphs a, b, c 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 four new paragraphs e, f, g and h are added to read as
follows:
a. Except as hereinafter provided, the state and any governmental
agency or political subdivision or public benefit corporation of the
state shall not purchase or obtain for any purpose any tropical hard-
woods or tropical hardwood products, wholesale or retail, in any form,
UNLESS SUCH TROPICAL HARDWOODS OR TROPICAL HARDWOOD PRODUCTS ARE SECOND-
ARY MATERIALS.
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].
c. (i) In the case of any bid proposal or solicitation, request for
bid or proposal or contract for the construction of any public work,
building maintenance or improvement for or on behalf of the state and
any governmental agency or political subdivision or public benefit
corporation of the state, it shall not require or permit the use of any
tropical hardwood or [wood] TROPICAL HARDWOOD product, UNLESS SUCH TROP-
ICAL HARDWOOD OR TROPICAL HARDWOOD PRODUCT IS A SECONDARY MATERIAL.
(ii) Every bid proposal, solicitation, request for bid or proposal and
contract for the construction of any public work, building maintenance
or improvement shall contain a statement that any bid, proposal or other
response to a solicitation for bid or proposal which proposes or calls
for the use of any tropical hardwood or [wood] TROPICAL HARDWOOD product
in performance of the contract shall be deemed non-responsive, UNLESS
SUCH TROPICAL HARDWOOD OR TROPICAL HARDWOOD PRODUCT IS A SECONDARY MATE-
RIAL.
d. The provisions of paragraph c of this subdivision shall not apply:
S. 8851 7
(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) 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, UNLESS SUCH TROPICAL HARDWOOD OR TROPICAL HARDWOOD PRODUCT
IS A SECONDARY MATERIAL. THE GOVERNMENTAL AGENCY, POLITICAL SUBDIVI-
SION, OR PUBLIC BENEFIT CORPORATION THAT OWNS OR MANAGES SUCH LAND SHALL
ENSURE THAT ALL CONTRACTORS AND SUBCONTRACTORS ARE INFORMED OF THE
REQUIREMENTS OF THIS PARAGRAPH.
F. (I) UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-TWO, 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-SEVEN, 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 TO THE GREATEST
EXTENT POSSIBLE, AND EVENTUALLY PHASE OUT, THE USE OF EKKI WOOD, AND
PROVIDED FURTHER THAT UNTIL SUCH PHASE OUT HAS BEEN COMPLETED, SUCH
AGENCY SHALL USE, TO THE GREATEST EXTENT POSSIBLE, ONLY SECONDARY MATE-
RIALS WHEN THE USE OF EKKI WOOD IS SPECIFIED AND UNAVOIDABLE. SUCH PLAN
SHALL BE MADE PUBLICLY AVAILABLE ON THE AUTHORITY'S WEBSITE. NO LATER
THAN OCTOBER FIRST, TWO THOUSAND TWENTY-EIGHT, 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 THIRTY-ONE, 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 OR SAFETY CONSIDERATIONS, THE
PROVISIONS OF SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY BE EXTENDED UNTIL
S. 8851 8
DECEMBER THIRTY-FIRST OF THE SUBSEQUENT CALENDAR YEAR. SUCH DETERMI-
NATION 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-SEVEN.
G. (I) UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, 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-SEVEN, 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 TO THE GREATEST EXTENT POSSIBLE, AND EVENTUALLY PHASE
OUT, THE USE OF GREENHEART WOOD, AND PROVIDED FURTHER THAT UNTIL SUCH
PHASE OUT HAS BEEN COMPLETED, SUCH AGENCY SHALL USE, TO THE GREATEST
EXTENT POSSIBLE, ONLY SECONDARY MATERIALS WHEN THE USE OF GREENHEART
WOOD IS SPECIFIED AND UNAVOIDABLE. SUCH PLAN SHALL BE MADE PUBLICLY
AVAILABLE ON THE AGENCY'S WEBSITE. NO LATER THAN OCTOBER FIRST, TWO
THOUSAND TWENTY-EIGHT, AND ANNUALLY THEREAFTER 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 THIRTY-FOUR, 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 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
FORTY.
H. (I) UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-FIVE, THE PROVISIONS
OF PARAGRAPHS A, C, AND E OF THIS SUBDIVISION SHALL NOT APPLY TO THE USE
OF GREENHEART WOOD ON BRIDGES MANAGED BY THE DEPARTMENT OF TRANSPORTA-
TION OF A CITY OF ONE MILLION OR MORE, PROVIDED THAT SUCH DEPARTMENT
SHALL, NO LATER THAN OCTOBER FIRST, TWO THOUSAND TWENTY-SEVEN, AFTER
PROVIDING NOTICE AND AN OPPORTUNITY FOR PUBLIC COMMENT, DEVELOP AND
ISSUE A GREENHEART TRANSITION PLAN OUTLINING THE STEPS SUCH DEPARTMENT
WILL TAKE TO MINIMIZE TO THE GREATEST EXTENT POSSIBLE, AND EVENTUALLY
PHASE OUT, THE USE OF GREENHEART WOOD, AND PROVIDED FURTHER THAT UNTIL
SUCH PHASE OUT HAS BEEN COMPLETED, SUCH DEPARTMENT SHALL USE, TO THE
GREATEST EXTENT POSSIBLE, ONLY SECONDARY MATERIALS WHEN THE USE OF
GREENHEART WOOD IS SPECIFIED AND UNAVOIDABLE. SUCH PLAN SHALL BE MADE
PUBLICLY AVAILABLE ON THE DEPARTMENT'S WEBSITE. NO LATER THAN OCTOBER
FIRST, TWO THOUSAND TWENTY-EIGHT, AND ANNUALLY THEREAFTER UNTIL THE
EXPIRATION OF THIS PARAGRAPH, THE DEPARTMENT SHALL ISSUE A PUBLIC REPORT
OUTLINING ITS PROGRESS TOWARD ACHIEVING SUCH PLAN.
(II) IF, ON OR AFTER APRIL FIRST, TWO THOUSAND THIRTY-FOUR, THE DIREC-
TOR OF THE BUDGET ISSUES A DETERMINATION, AFTER PROVIDING NOTICE AND AN
OPPORTUNITY FOR PUBLIC COMMENT, THAT SUCH DEPARTMENT HAS MADE SIGNIF-
ICANT PROGRESS IN PHASING OUT THE USE OF GREENHEART WOOD, BUT THAT A
FULL PHASE OUT HAS BEEN DELAYED DUE TO TECHNICAL OR SAFETY CONSIDER-
ATIONS, 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
S. 8851 9
FIRST OF SUBSEQUENT YEARS, PROVIDED THAT UNDER NO CIRCUMSTANCES SHALL
THE PROVISIONS OF THIS PARAGRAPH EXTEND BEYOND JANUARY FIRST, TWO THOU-
SAND FORTY.
§ 3. 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.
