S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2896
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2019
                                ___________
 
 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD02487-01-9
              

 S. 2896                             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 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.