senate Bill S3308

2011-2012 Legislative Session

Relates to definition of tropical hardwoods for purposes of state purchasing restrictions

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 21, 2012 advanced to third reading
May 16, 2012 2nd report cal.
May 15, 2012 1st report cal.794
Jan 04, 2012 referred to finance
Feb 16, 2011 referred to finance

Votes

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May 15, 2012 - Finance committee Vote

S3308
23
1
committee
23
Aye
1
Nay
10
Aye with Reservations
0
Absent
1
Excused
0
Abstained
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Co-Sponsors

S3308 - Bill Details

See Assembly Version of this Bill:
A6222
Current Committee:
Law Section:
State Finance Law
Laws Affected:
Amd ยง165, St Fin L
Versions Introduced in 2009-2010 Legislative Session:
S999, A478

S3308 - Bill Texts

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Includes additional definitions for procedures relating to state purchasing of tropical hardwoods; requires state to maximize the use of environmentally preferable building materials; requires use of information provided by forest certifiers; requires the governor to develop a list of eligible forest certifiers and chain of custody certifiers.

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BILL NUMBER:S3308

TITLE OF BILL:
An act
to amend the state finance law, in relation to the definition and
purchase of tropical hardwoods

PURPOSE:
To require that tropical hardwoods or tropical hardwood
products that the state purchases are from sustainably managed forests.

SUMMARY OF SPECIFIC PROVISIONS:
Amends section 165 of the state
Finance Law to prohibit the state (and any governmental agency or
political subdivision or public benefit corporation of the state)
from purchasing tropical hardwood except if they are certified as
sustainably forested by a forest certifier.

Current law prohibits the state from purchasing tropical hardwoods or
tropical hardwood products. However, the state may purchase this type
of wood if it is purchased from a sustained managed forest. There is
no definition of sustained managed forest in law. This bill defines
sustained managed forest and sets forth guidelines that forest
certifiers must abide by. In addition the wood must be certified by a
chain or custody certifier in order to verify where the wood
originated. The Governor shall develop a list of eligible forest
certifiers and chain of custody certifiers.

This legislation would also allow any government to further restrict
the use of tropical hardwoods or any wood product.

JUSTIFICATION:
The state should encourage the use of alternative
building materials such as reclaimed wood, particle board from
agricultural residue and recycled plastic. Forests play a vital role
in regulating the global climate, purifying the air and protecting
watersheds. Throughout the world, communities depend on healthy
forests for their economic value. The purchasing restrictions
currently placed on the state are minimal. New York currently uses
timber cut from tropical and temperate rainforests in a range of
products including park benches and boardwalks. New York is therefore
contributing to the global deforestation of the world's ecosystem.
Requiring that the state purchase wood which devices from a
sustainable managed forest provides a much more responsible approach
by ensuring forests will not be destroyed in the process.

PRIOR LEGISLATIVE HISTORY:
S.7677 of 2008
S.999 of 2009/10: Referred to Environmental Conservation

FISCAL IMPLICATIONS:
None.

EFFECTIVE DATE:
This act shall take effect immediately.


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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  3308

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            February 16, 2011
                               ___________

Introduced  by  Sens.  GRISANTI,  MARCELLINO  --  read twice and ordered
  printed, and when printed to be committed to the Committee on Finance

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.
  S 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.
                                                           LBD00940-01-1

S. 3308                             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.
  S 3. Section 165 of the state finance law is amended by adding  a  new
subdivision 2-a to read as follows:
  2-A. A. THE GOVERNOR SHALL DIRECT THE APPROPRIATE DEPARTMENT OR AGENCY
THAT  HE OR SHE SO DESIGNATES TO CREATE A LIST OF ELIGIBLE FOREST CERTI-
FIERS AND CHAIN OF CUSTODY CERTIFIERS.
  B. THE DESIGNATED DEPARTMENT OR  AGENCY  SHALL  PROMULGATE  RULES  AND
REGULATIONS  WHEN  SPECIFYING THE INFORMATION THAT FOREST CERTIFIERS AND
CHAIN OF CUSTODY CERTIFIERS PROVIDE IN ORDER TO BE DEEMED  ELIGIBLE  FOR
THE PURPOSES OF FULFILLING 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 DESIGNATED DEPARTMENT OR  AGENCY  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.
  S 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.
  S 5. This act shall take effect immediately.

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