NY State Senate Bill 2017-S7148

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to finance

2017-S7148 (ACTIVE) - Details

Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Amd §165, St Fin L
Versions Introduced in Other Legislative Sessions:: 2019-2020: S2896
2021-2022: S2865
2023-2024: S618

2017-S7148 (ACTIVE) - Summary

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 a chain of custody certifiers.

2017-S7148 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S7148

SPONSOR: KAVANAGH
 
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 PROVISIONS:

Section 1 of the bill amends subdivision 1 of section 165 of the state
finance law, adding six new paragraphs that set forth legislative defi-
nitions.

Section 2 of the bill amends paragraph (a) of subdivision (2) of section
165 of the state finance law, which currently prohibits the purchase of
tropical hardwood products, by adding that governmental agencies in the
state shall also seek to maximize the use of environmentally preferable

materials by any legal means.

Section 3 amends section 165 of the state finance law by adding a new
section 2-a which allows for the Governor to direct the appropriate
agency or department to create a list of eligible forest certifiers and
chain of custody certifiers and empowers the designated agency to
promulgate rules and regulations on eligibility requirements.

Section 4 amends subdivision (2) of section 165 of the state finance law
by adding a new paragraph (e) which allows for local governments to
adopt measures which are more restrictive than the provisions of this
section.

Section 5 of the bill sets forth the effective date.

 
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 upon 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 rainfor-
ests 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 derives
from a sustainably managed forest provides a much more responsible
approach by ensuring forests will not be destroyed in the process.

 
FISCAL IMPACT ON THE STATE:

None.

 
FISCAL IMPACT ON LOCALITIES:

None.

 
IMPACT ON REGULATION OF BUSINESSES AND INDIVIDUALS:

None.   
IMPACT ON FINES, IMPRISONMENT, FORFEITURE OF RIGHTS, OR OTHER
PENAL SANCTIONS:

None.

 
LEGISLATIVE HISTORY:

2016:A05839(Kavanagh)- Governmental Operations
2015:A05839(Kavanagh)- Governmental Operations
2014:A02101(Kavanagh)- Governmental Operations
2013:A02101(Kavanagh)- Governmental Operations
2012:A06222(Kavanagh)- Governmental Operations
2011:A06222(Kavanagh)- Governmental Operations
2010:A00478(Kavanagh)- Governmental Operations
2009:A00478(Kavanagh)- Governmental Operations
2008:A07520(Kavanagh)- Governmental Operations
2007:A07520(Kavanagh)- Governmental Operations
2006:A06975(Grannis)Governmental Operations
2005:A06975(Grannie)-Governmental Operations
2004:A02262(Grannis)-On the Floor
2003:A02262(Grannis)-Governmental Operations
2002:A06990(Grannis)-Governmental Operations
2001:A06990(Grannis)Rules

2017-S7148 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7148
 
                             I N  S E N A T E
 
                                (PREFILED)
 
                              January 3, 2018
                                ___________
 
 Introduced  by Sen. KAVANAGH -- 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.
   § 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-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02735-01-7

 S. 7148                             2
 
 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 GOVERNOR SHALL DIRECT THE APPRO-
 PRIATE DEPARTMENT OR AGENCY THAT HE OR SHE SO  DESIGNATES  TO  CREATE  A
 LIST OF ELIGIBLE FOREST CERTIFIERS 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.
   §  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 immediately.

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Senate Bill S7148

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Archive: Last Bill Status - In Senate Committee Finance Committee

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2017-S7148 (ACTIVE) - Details

2017-S7148 (ACTIVE) - Summary

2017-S7148 (ACTIVE) - Sponsor Memo

2017-S7148 (ACTIVE) - Bill Text download pdf

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Sponsored By

Brian Kavanagh

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

2017-S7148 (ACTIVE) - Details

2017-S7148 (ACTIVE) - Summary

2017-S7148 (ACTIVE) - Sponsor Memo

2017-S7148 (ACTIVE) - Bill Text download pdf

Comments