S T A T E O F N E W Y O R K
________________________________________________________________________
2101
2013-2014 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2013
___________
Introduced by M. of A. KAVANAGH, COLTON, CAHILL, SCHIMEL, JAFFEE, STEV-
ENSON, FINCH, GLICK, HOOPER, MARKEY, MILLMAN, THIELE -- read once and
referred to the Committee on Governmental Operations
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.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03149-01-3
A. 2101 2
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:
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.