The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7428--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              October 8, 2021
                                ___________
 
 Introduced  by  Sens. BIAGGI, BRISPORT, HOYLMAN, JACKSON, KAVANAGH, LIU,
   MAY, RIVERA, SALAZAR -- read  twice  and  ordered  printed,  and  when
   printed  to  be  committed to the Committee on Rules -- recommitted to
   the Committee on Consumer Protection in accordance with Senate Rule 6,
   sec. 8 -- committee discharged, bill  amended,  ordered  reprinted  as
   amended and recommitted to said committee
 
 AN ACT to amend the general business law, in relation to requiring fash-
   ion  sellers  to be accountable to environmental and social standards;
   and to amend the state finance law,  in  relation  to  establishing  a
   fashion remediation fund
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "Fashion sustainability and social accountability act".
   §  2. The general business law is amended by adding a new section 399-
 mm to read as follows:
   § 399-MM. FASHION SUSTAINABILITY AND SOCIAL ACCOUNTABILITY  ACT.    1.
 DEFINITIONS. AS USED IN THIS SECTION, THE FOLLOWING TERMS SHALL HAVE THE
 FOLLOWING MEANINGS:
   (A) "DOING BUSINESS IN THIS STATE" SHALL MEAN ACTIVELY ENGAGING IN ANY
 TRANSACTION FOR THE PURPOSE OF FINANCIAL OR PECUNIARY GAIN OR PROFIT.
   (B)  "GROSS RECEIPTS" SHALL MEAN THE GROSS AMOUNTS REALIZED, OTHERWISE
 KNOWN AS THE SUM OF MONEY AND THE FAIR MARKET VALUE OF OTHER PROPERTY OR
 SERVICES RECEIVED, ON THE SALE OR EXCHANGE OF PROPERTY, THE  PERFORMANCE
 OF  SERVICES, OR THE USE OF PROPERTY OR CAPITAL, INCLUDING RENTS, ROYAL-
 TIES, INTEREST, AND DIVIDENDS, IN A TRANSACTION THAT  PRODUCES  BUSINESS
 INCOME,  IN  WHICH  THE INCOME, GAIN, OR LOSS IS RECOGNIZED, OR WOULD BE
 RECOGNIZED IF THE TRANSACTION WERE  IN  THE  UNITED  STATES,  UNDER  THE
 INTERNAL  REVENUE  CODE,  AS  APPLICABLE  FOR  PURPOSES OF THIS SECTION.
 AMOUNTS REALIZED ON THE SALE  OR  EXCHANGE  OF  PROPERTY  SHALL  NOT  BE
 REDUCED  BY  THE COST OF GOODS SOLD OR THE BASIS OF PROPERTY SOLD. GROSS
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11977-12-2

 S. 7428--A                          2
 
 RECEIPTS, EVEN IF BUSINESS  INCOME,  SHALL  NOT  INCLUDE  THE  FOLLOWING
 ITEMS:
   (I)  REPAYMENT,  MATURITY,  OR  REDEMPTION OF THE PRINCIPAL OF A LOAN,
 BOND, MUTUAL FUND, CERTIFICATE OF DEPOSIT, OR SIMILAR MARKETABLE INSTRU-
 MENT;
   (II) THE PRINCIPAL AMOUNT RECEIVED UNDER  A  REPURCHASE  AGREEMENT  OR
 OTHER TRANSACTION PROPERLY CHARACTERIZED AS A LOAN;
   (III)  PROCEEDS FROM ISSUANCE OF THE TAXPAYER'S OWN STOCK OR FROM SALE
 OF TREASURY STOCK;
   (IV) DAMAGES AND OTHER AMOUNTS RECEIVED AS THE RESULT OF LITIGATION;
   (V) PROPERTY ACQUIRED BY AN AGENT ON BEHALF OF ANOTHER;
   (VI) TAX REFUNDS AND OTHER TAX BENEFIT RECOVERIES;
   (VII) PENSION REVERSIONS;
   (VIII) CONTRIBUTIONS TO CAPITAL, EXCEPT FOR  SALES  OF  SECURITIES  BY
 SECURITIES DEALERS;
   (IX) INCOME FROM DISCHARGE OF INDEBTEDNESS;
   (X)  AMOUNTS  REALIZED FROM EXCHANGES OF INVENTORY THAT ARE NOT RECOG-
 NIZED UNDER THE INTERNAL REVENUE CODE;
   (XI) AMOUNTS RECEIVED FROM TRANSACTIONS IN INTANGIBLE ASSETS  HELD  IN
 CONNECTION  WITH  A TREASURY FUNCTION OF THE TAXPAYER'S UNITARY BUSINESS
 AND THE GROSS RECEIPTS AND OVERALL NET GAINS FROM THE MATURITY,  REDEMP-
 TION,  SALE,  EXCHANGE, OR OTHER DISPOSITION OF THOSE INTANGIBLE ASSETS;
 AND
   (XII) AMOUNTS RECEIVED FROM HEDGING TRANSACTIONS INVOLVING  INTANGIBLE
 ASSETS.  A  "HEDGING  TRANSACTION"  MEANS  A  TRANSACTION RELATED TO THE
 TAXPAYER'S TRADING FUNCTION INVOLVING FUTURES AND  OPTIONS  TRANSACTIONS
 FOR  THE  PURPOSE  OF  HEDGING PRICE RISK OF THE PRODUCTS OR COMMODITIES
 CONSUMED, PRODUCED, OR SOLD BY THE TAXPAYER.
   (C) "FASHION SELLER" SHALL MEAN A BUSINESS ENTITY WHICH SELLS ARTICLES
 OF WEARING APPAREL, FOOTWEAR, OR FASHION BAGS THAT TOGETHER  EXCEED  ONE
 HUNDRED  MILLION DOLLARS IN ANNUAL GROSS RECEIPTS, BUT SHALL NOT INCLUDE
 THE SALE OF USED WEARING APPAREL, FOOTWEAR, OR FASHION BAGS,  NOR  SHALL
 IT  INCLUDE  MULTI-BRAND  RETAILERS, EXCEPT WHERE THE APPAREL, FOOTWEAR,
 AND FASHION BAG PRIVATE LABELS OF THOSE COMPANIES  TOGETHER  EXCEED  ONE
 HUNDRED MILLION DOLLARS IN GLOBAL REVENUE.
   (D)  "ARTICLE OF WEARING APPAREL" SHALL MEAN ANY COSTUME OR ARTICLE OF
 CLOTHING WORN OR INTENDED TO BE WORN BY INDIVIDUALS.
   (E) "FOOTWEAR" SHALL MEAN ANY COVERING WORN OR INTENDED TO BE WORN  ON
 THE FOOT.
   (F)  "FASHION  BAG"  SHALL  MEAN  FLEXIBLE PACKAGING MADE OF TEXTILES,
 LEATHER OR OTHER ANIMAL PRODUCTS, WOVEN MATERIAL OR OTHER SIMILAR  MATE-
 RIALS INTENDED FOR REPEATED USE.
   (G)  "DUE  DILIGENCE"  SHALL  MEAN THE COMPREHENSIVE PROCESS COMPANIES
 SHALL CARRY OUT TO IDENTIFY, CEASE, PREVENT, MITIGATE, ACCOUNT FOR,  AND
 REMEDIATE  ACTUAL  AND POTENTIAL ADVERSE IMPACTS TO HUMAN RIGHTS AND THE
 ENVIRONMENT IN THEIR OWN  OPERATIONS  AND  IN  THEIR  SUPPLY  CHAIN,  IN
 COMPLIANCE WITH, AT A MINIMUM, THE STANDARDS OUTLINED IN THE MOST RECENT
 ORGANISATION  FOR  ECONOMIC  CO-OPERATION AND DEVELOPMENT GUIDELINES FOR
 MULTINATIONAL ENTERPRISES, AND THE ORGANISATION FOR  ECONOMIC  CO-OPERA-
 TION  AND  DEVELOPMENT  DUE  DILIGENCE  GUIDANCE  FOR RESPONSIBLE SUPPLY
 CHAINS IN THE GARMENT AND FOOTWEAR SECTOR.
   (H) "DUE DILIGENCE REPORT" SHALL MEAN THE  DOCUMENT  PREPARED  BY  THE
 COMPANY  TO  COMMUNICATE  ALL RELEVANT INFORMATION CONCERNING THE EXIST-
 ENCE, IMPLEMENTATION AND OUTCOMES OF DUE DILIGENCE IN  ORDER  TO  COMPLY
 WITH  THE  REQUIREMENTS OF THIS SECTION, AND TO COMPLY WITH ANY RULES OR
 REGULATIONS ESTABLISHED PURSUANT TO THIS SECTION.
 S. 7428--A                          3
 
   (I) "RISK-BASED APPROACH" SHALL MEAN COMMENSURATE  TO  THE  LIKELIHOOD
 AND SEVERITY OF THE HARM.  THE FASHION SELLER SHALL PRIORITIZE THE ORDER
 IN  WHICH  IT TAKES ACTION BASED ON THE LIKELIHOOD AND SEVERITY OF HARM.
 SEVERITY OF IMPACTS SHALL BE DETERMINED  ACCORDING  TO  THEIR  SCALE  OR
 GRAVITY, SCOPE, AND IRREMEDIABLE CHARACTER.
   (J)  "SUPPLY CHAIN TIERS" SHALL MEAN A FOUR TIER SYSTEM DEFINED AS THE
 FOLLOWING:
   (I) "TIER ONE" SHALL MEAN SUPPLIERS WHO  PRODUCE  FINISHED  GOODS  FOR
 FASHION  SELLERS,  INCLUDING  SUPPLIERS' SUBCONTRACTORS, WHO PROVIDE THE
 FOLLOWING SERVICES, INCLUDING BUT NOT LIMITED TO SEWING  AND  EMBROIDER-
 ING;
   (II)  "TIER  TWO"  SHALL MEAN SUPPLIERS TO TIER ONE, INCLUDING SUBCON-
 TRACTORS, WHO PROVIDE THE FOLLOWING SERVICES OR GOODS, INCLUDING BUT NOT
 LIMITED TO KNITTING, WEAVING, WASHING, DYEING, FINISHING,  PRINTING  FOR
 FINISHED  GOODS,  AND  COMPONENTS  AND MATERIALS FOR FINISHED GOODS WHEN
 THEY ARE STAND-ALONE OPERATIONS AND NOT INTEGRATED WITH TIER ONE. COMPO-
 NENTS SHALL MEAN MATERIALS USED TO BUILD A PRODUCT,  INCLUDING  BUT  NOT
 LIMITED TO BUTTONS, ZIPPERS, RUBBER SOLES, DOWN, AND FUSIBLES;
   (III) "TIER THREE" SHALL MEAN SUPPLIERS TO TIER TWO SUPPLIERS, INCLUD-
 ING  SUBCONTRACTORS,  WHO  PROCESS RAW MATERIALS, SUCH AS GINNING, SPIN-
 NING, AND SUPPLIERS OF CHEMICALS; AND
   (IV) "TIER FOUR" SHALL MEAN COMPANIES, INCLUDING SUBCONTRACTORS,  THAT
 PROVIDE RAW MATERIALS TO TIER THREE.
   (K) "INDEPENDENTLY VERIFIED" SHALL MEAN AUDITED BY A VERIFICATION BODY
 ACCREDITED  BY  THE DEPARTMENT OF STATE AS DESCRIBED IN SUBDIVISION FIVE
 OF THIS SECTION.
   (L) "LIVING WAGE" SHALL MEAN THE REMUNERATION RECEIVED FOR A  STANDARD
 WORKWEEK BY A WORKER IN A PARTICULAR PLACE SUFFICIENT TO AFFORD A DECENT
 STANDARD  OF  LIVING  FOR  SUCH  WORKER  AND THEIR FAMILY. ELEMENTS OF A
 DECENT STANDARD OF  LIVING  INCLUDE  FOOD,  WATER,  HOUSING,  EDUCATION,
 HEALTH CARE, TRANSPORTATION, CLOTHING, AND OTHER ESSENTIAL NEEDS INCLUD-
 ING  PROVISION  FOR  UNEXPECTED  EVENTS. LIVING WAGE SHALL BE DETERMINED
 EXCLUSIVE OF OVERTIME WAGES AND BY NET WAGES INCLUDING IN-KIND AND  CASH
 BENEFITS, AND DEDUCTING TAXES AND DEDUCTIONS.
   (M)  "OPEN  DATA  PRINCIPLES" SHALL MEAN DATA THAT CAN BE FREELY USED,
 REUSED AND REDISTRIBUTED BY ANYONE. SUCH DATA SHALL BE FINDABLE OR EASI-
 LY DISCOVERABLE ON A WEBSITE OR WITHIN A DATABASE, ACCESSIBLE OR  AVAIL-
 ABLE IN A MACHINE READABLE, CONVENIENT, MODIFIABLE FORM AND PUBLISHED AS
 A  WHOLE,  COMPLETE  DATASET,  INTEROPERABLE  OR  ABLE  TO BE MIXED WITH
 DIFFERENT DATASETS, AND REUSABLE OR PROVIDED UNDER AN OPEN LICENSE  THAT
 PERMITS  REUSE  AND REDISTRIBUTION, INCLUDING THE INTERMIXING WITH OTHER
 DATASETS.
   2. DUE DILIGENCE. (A) EVERY FASHION SELLER SHALL EFFECTIVELY CARRY OUT
 HUMAN RIGHTS AND ENVIRONMENTAL DUE DILIGENCE FOR THE PORTIONS  OF  THEIR
 BUSINESS RELATED TO WEARING APPAREL, FOOTWEAR OR FASHION BAGS, INCLUDING
 WEARING  APPAREL,  FOOTWEAR OR FASHION BAGS PRODUCED AS A PRIVATE LABEL,
 WHICH SHALL INCLUDE:
   (I) SUPPLY CHAIN MAPPING:
   (1) COMPANIES TAKING A RISK-BASED APPROACH AND IMPLEMENTING GOOD FAITH
 EFFORTS  TO  MAP  SUPPLIERS  ACROSS  TIER  ONE  THROUGH  TIER  FOUR   OF
 PRODUCTION.   TIER ONE SUPPLIERS SHALL BE MAPPED WITHIN TWELVE MONTHS OF
 THE EFFECTIVE DATE OF THIS SECTION,  AND  SHALL  CONTAIN  A  MINIMUM  OF
 SEVENTY-FIVE PERCENT OF SUPPLIERS BY VOLUME. TIER TWO SUPPLIERS SHALL BE
 MAPPED WITHIN TWO YEARS OF THE EFFECTIVE DATE OF THIS SECTION, AND SHALL
 CONTAIN  A  MINIMUM OF SEVENTY-FIVE PERCENT OF SUPPLIERS BY VOLUME. TIER
 THREE AND TIER FOUR SUPPLIERS SHALL BE MAPPED WITHIN THREE YEARS OF  THE
 S. 7428--A                          4
 
 EFFECTIVE  DATE  OF  THIS  SECTION  AND SHALL CONTAIN A MINIMUM OF FIFTY
 PERCENT OF SUPPLIERS BY VOLUME OR DOLLAR VALUE.
   (2) SUPPLIER DISCLOSURE FOR ALL TIERS SHALL INCLUDE THE NAME, ADDRESS,
 PARENT COMPANY, PRODUCT TYPE AND NUMBER OF WORKERS AT EACH SITE BY COUN-
 TRY;
   (3)  FOR  TIER ONE SUPPLIERS, FASHION SELLERS SHALL REPORT, AT A MINI-
 MUM, THE FOLLOWING INFORMATION TO THE ATTORNEY GENERAL, WHICH  SHALL  BE
 INDEPENDENTLY VERIFIED NO LESS THAN ONCE EVERY TWO YEARS:
   (A)  THE MEAN WAGES OF WORKERS, AND HOW THIS COMPARES WITH LOCAL MINI-
 MUM WAGE AND LIVING WAGES;
   (B) THE PERCENTAGE OF UNIONIZED FACTORIES; AND
   (C) HOURS WORKED WEEKLY BY MONTH AND THE HOURS AND FREQUENCY OF  OVER-
 TIME BY FIRM AND COUNTRY.
   (II) IN CARRYING OUT EFFECTIVE DUE DILIGENCE, FASHION SELLERS SHALL BE
 IN COMPLIANCE WITH THE ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVEL-
 OPMENT GUIDELINES FOR MULTINATIONAL ENTERPRISES AND THE ORGANISATION FOR
 ECONOMIC CO-OPERATION AND DEVELOPMENT DUE DILIGENCE GUIDANCE FOR RESPON-
 SIBLE  SUPPLY CHAINS IN THE GARMENT AND FOOTWEAR SECTOR, REQUIRING FASH-
 ION SELLERS TO, AT A MINIMUM:
   (1) EMBED RESPONSIBLE BUSINESS CONDUCT INTO THE COMPANY'S POLICIES AND
 MANAGEMENT SYSTEMS;
   (2) IDENTIFY AREAS OF SIGNIFICANT RISKS IN THE  CONTEXTS  OF  ITS  OWN
 ACTIVITIES AND BUSINESS AND SUPPLY CHAIN RELATIONSHIPS;
   (3)  IDENTIFY,  PRIORITIZE,  AND  ASSESS THE SIGNIFICANT POTENTIAL AND
 ACTUAL ADVERSE IMPACTS OF THOSE RISKS;
   (4) CEASE, PREVENT OR MITIGATE THOSE RISKS. THIS  SHALL  INCLUDE,  BUT
 NOT BE LIMITED TO:
   (A) INCENTIVIZING IMPROVED SUPPLIER PERFORMANCE ON WORKERS' RIGHTS AND
 ENVIRONMENTAL  IMPACT  BY  EMBEDDING RESPONSIBLE PURCHASING PRACTICES IN
 ITS SUPPLY CHAIN RELATIONSHIPS AND CONTRACTS, INCLUDING BUT NOT  LIMITED
 TO  CONTRACT  RENEWALS, LONGER TERM CONTRACTS, PRICE PREMIUMS, PROVIDING
 REASONABLE ASSISTANCE TO SUPPLIERS SO  THAT  THEY  CAN  MEET  APPLICABLE
 HUMAN  RIGHTS  AND  ENVIRONMENTAL STANDARDS INCLUDING BUT NOT LIMITED TO
 MEETING THE CARBON EMISSION REDUCTION TARGETS SET OUT IN  THIS  SECTION,
 AND  DEVELOPING PRICING MODELS THAT ACCOUNT FOR THE COST OF WAGES, BENE-
 FITS, AND INVESTMENTS IN SUITABLE WORK,  SPECIFICALLY  AS  REFLECTED  IN
 FREIGHT  ON  BOARD  PRICES  TOGETHER  WITH TRADITIONAL PRICING CONSIDER-
 ATIONS, SUCH AS QUANTITIES BEING PURCHASED, COST OF MATERIALS, AND SKILL
 REQUIREMENTS. WAGES, BENEFITS, AND INVESTMENTS SHALL, AT A  MINIMUM,  BE
 IN  LINE  WITH  THE  REQUIREMENTS SET OUT IN LOCAL LABOR LAWS, INCLUDING
 MINIMUM WAGE LAWS;
   (B) UTILIZING RESPONSIBLE EXIT OR DISENGAGEMENT STRATEGIES;
   (C) CONSULTING AND ENGAGING WITH  IMPACTED  AND  POTENTIALLY  IMPACTED
 STAKEHOLDERS AND RIGHTS HOLDERS AND THEIR REPRESENTATIVES;
   (D) ESTABLISHING QUANTITATIVE BASELINE AND REDUCTION TARGETS ON GREEN-
 HOUSE  GAS  EMISSIONS.  GREENHOUSE  GAS  EMISSIONS  INVENTORY  SHALL  BE
 REPORTED  ANNUALLY,  INCLUDE  ABSOLUTE  FIGURES  AND  CONFORM  WITH  THE
 ACCOUNTING  AND REPORTING REQUIREMENTS OF THE MOST RECENT GREENHOUSE GAS
 PROTOCOL CORPORATE ACCOUNTING AND REPORTING STANDARD,  SCOPE  TWO  GUID-
 ANCE,  AND  THE MOST RECENT CORPORATE VALUE CHAIN SCOPE THREE ACCOUNTING
 AND REPORTING STANDARD PROMULGATED BY THE WORLD RESOURCES INSTITUTE  AND
 THE  WORLD  BUSINESS COUNCIL FOR SUSTAINABLE DEVELOPMENT. GREENHOUSE GAS
 EMISSIONS INVENTORY REPORTED IN THE DUE DILIGENCE  REPORT  DESCRIBED  IN
 SUBDIVISION  THREE  OF  THIS  SECTION SHALL BE INDEPENDENTLY VERIFIED NO
 LESS THAN ONCE EVERY TWO YEARS. WITHIN FOUR YEARS OF THE EFFECTIVE  DATE
 OF THIS SECTION, PRIMARY DATA SHALL BE USED TO CAPTURE TIER TWO AND TIER
 S. 7428--A                          5
 
 THREE INVENTORY OF THE MOST SIGNIFICANT SUPPLIERS CONTRIBUTING TO GREEN-
 HOUSE GAS EMISSIONS.  SIGNIFICANT SUPPLIERS SHALL MEAN SUPPLIERS REPRES-
 ENTING  SEVENTY-FIVE  PERCENT  OF FABRIC BY VOLUME IN TIER TWO AND FIFTY
 PERCENT  OF  FABRIC  BY  VOLUME  IN  TIER THREE. GREENHOUSE GAS EMISSION
 REDUCTION TARGETS MUST BE NEAR-TERM AND LONG-TERM, COVERING SCOPES  ONE,
 TWO  AND  THREE  EMISSIONS,  AND ALIGN WITH, AT A MINIMUM, SCIENCE BASED
 TARGETS INITIATIVE'S MOST RECENT TARGET VALIDATION CRITERIA  AS  PROMUL-
 GATED  BY  WORLD RESOURCES INSTITUTE, CDP, UNITED NATIONS GLOBAL COMPACT
 AND THE WORLD WILDLIFE FUND. FOR FASHION  SELLERS  WITH  GLOBAL  REVENUE
 OVER ONE BILLION DOLLARS, THE ABSOLUTE CONTRACTION APPROACH MUST BE USED
 TO  CALCULATE  SCOPE THREE EMISSIONS. FASHION SELLERS SHALL MEET TARGETS
 AND REPORT THEIR COMPLIANCE ON AN ANNUAL BASIS IN  THEIR  DUE  DILIGENCE
 REPORT,  AS  DESCRIBED IN SUBDIVISION THREE OF THIS SECTION. IF FOUND TO
 BE OUT OF COMPLIANCE, FASHION SELLERS  SHALL  HAVE  EIGHTEEN  MONTHS  TO
 REMEDY  THEIR EMISSIONS AND RETURN TO THE NECESSARY REDUCTION PATHWAY TO
 DELIVER ON THEIR TARGETS. IN NON-TARGET YEARS, NON-COMPLIANCE SHALL MEAN
 AN INCREASE IN ABSOLUTE EMISSIONS IN THREE CONSECUTIVE YEARS, FOR COMPA-
 NIES OVER A BILLION DOLLARS IN REVENUE. IN TARGET YEARS,  NON-COMPLIANCE
 SHALL MEAN NOT REACHING THE TARGET.
   (E)  IN COMPLIANCE WITH, AT A MINIMUM, THE ZERO DISCHARGE OF HAZARDOUS
 CHEMICALS PROGRAM'S MOST RECENT WASTEWATER GUIDELINES,  FASHION  SELLERS
 SHALL  BE  REQUIRED,  FOR ALL SIGNIFICANT TIER TWO DYEING, FINISHING AND
 GARMENT WASHING SUPPLIERS, TO SAMPLE AND REPORT ON  WASTEWATER  CHEMICAL
 CONCENTRATIONS  AND  WATER USAGE, WITHIN TWO YEARS OF THE EFFECTIVE DATE
 OF THIS SECTION. SUCH REPORTS SHALL BE INDEPENDENTLY  VERIFIED.  FASHION
 SELLERS  SHALL ALSO PROVIDE CORRECTIVE ACTION PLANS FOR THEIR WASTEWATER
 TREATMENT WITHIN THIRTY MONTHS OF THE EFFECTIVE DATE  OF  THIS  SECTION.
 AFTER THREE YEARS OF THE EFFECTIVE DATE OF THIS SECTION, FASHION SELLERS
 SHALL  BE  CONSIDERED  OUT  OF  COMPLIANCE IF THEIR SIGNIFICANT TIER TWO
 DYEING, FINISHING AND GARMENT SUPPLIERS HAVE NOT MADE ADEQUATE  PROGRESS
 IN  REMEDIATION  OF  WASTEWATER  POLLUTION CONCENTRATIONS.   SIGNIFICANT
 SUPPLIERS SHALL MEAN  SUPPLIERS  REPRESENTING  SEVENTY-FIVE  PERCENT  OF
 FABRIC BY VOLUME;
   (5) TRACK IMPLEMENTATION AND RESULTS;
   (6)  PROVIDE  FOR  OR  CO-OPERATE  IN  REMEDIATION  IN THE EVENT OF AN
 ADVERSE IMPACT:
   (A) REMEDIES SHALL SEEK TO RESTORE THE  AFFECTED  PERSON  OR  PERSONS,
 WHERE  PRACTICABLE,  TO  THE  SITUATION  THEY WOULD HAVE BEEN IN HAD THE
 ADVERSE IMPACT NOT OCCURRED AND SHALL ENABLE REMEDIATION THAT IS PROPOR-
 TIONATE TO THE SIGNIFICANCE AND SCALE OF THE ADVERSE IMPACT;
   (B) REMEDIES SHALL INCLUDE, DEPENDING ON THE NATURE AND EXTENT OF  THE
 ADVERSE IMPACT, APOLOGIES, RESTITUTION OR REHABILITATION INCLUDING REIN-
 STATEMENT  OF  DISMISSED WORKERS, RECOGNITION OF THE TRADE UNION FOR THE
 PURPOSE OF COLLECTIVE BARGAINING,  FINANCIAL  OR  NON-FINANCIAL  COMPEN-
 SATION  INCLUDING  ESTABLISHING  COMPENSATION  FUNDS FOR VICTIMS, OR FOR
 FUTURE OUTREACH AND EDUCATIONAL PROGRAMS, PUNITIVE  SANCTIONS  INCLUDING
 THE  DISMISSALS OF STAFF RESPONSIBLE FOR WRONGDOING, AND TAKING MEASURES
 TO PREVENT FUTURE ADVERSE IMPACTS; AND
   (C) IN RELATION TO HUMAN RIGHTS IMPACTS, FASHION SELLERS SHALL CONSULT
 AND ENGAGE WITH IMPACTED RIGHTS HOLDERS AND THEIR  REPRESENTATIVES  WHEN
 DETERMINING THE REMEDY.
   (B)  THE DUE DILIGENCE REQUIREMENTS PURSUANT TO THIS SUBDIVISION SHALL
 NOT BE CONDITIONAL UPON THE COMPANY BEING EFFECTIVELY  INVOLVED  IN  THE
 SUBSIDIARY'S  DAY-TO-DAY OPERATIONS OR EXERCISING A SUFFICIENT DEGREE OF
 CONTROL ON COMPANIES WITHIN ITS SUPPLY CHAIN.
 S. 7428--A                          6
 
   3. REPORTING. EVERY FASHION SELLER SHALL DEVELOP  AND  SUBMIT  TO  THE
 OFFICE  OF  THE  ATTORNEY  GENERAL  ANNUALLY,  BEGINNING WITHIN EIGHTEEN
 MONTHS OF THE EFFECTIVE DATE OF THIS SECTION, A  DUE  DILIGENCE  REPORT.
 SUCH  REPORT,  EXCLUDING  THE  INFORMATION  REQUIRED  IN CLAUSE THREE OF
 SUBPARAGRAPH  (I)  OF  PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION,
 SHALL ALSO BE MADE PUBLICLY AVAILABLE ON THE FASHION SELLER'S WEBSITE IN
 A MACHINE READABLE AND REUSABLE FORMAT, PUBLISHED IN LINE WITH OPEN DATA
 PRINCIPLES THROUGH A CLEAR AND EASILY DISCOVERABLE LINK TO THE  REQUIRED
 INFORMATION.  IN  THE EVENT THE FASHION SELLER DOES NOT HAVE AN INTERNET
 WEBSITE, THE COMPANY SHALL PROVIDE A WRITTEN DISCLOSURE  TO  ANY  PERSON
 WHO HAS REQUESTED INFORMATION WITHIN THIRTY DAYS OF RECEIVING A REQUEST.
 SUCH  REPORT  SHALL  ALSO  INCLUDE THE FASHION SELLER'S ANNUAL VOLUME OF
 MATERIAL PRODUCED, INCLUDING BREAKDOWN BY MATERIAL TYPE.
   4. REGULATIONS. THE DEPARTMENT OF STATE SHALL,  IN  CONSULTATION  WITH
 THE  DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION AND DEPARTMENT OF LABOR,
 PROMULGATE  ALL  RULES  AND  REGULATIONS  NECESSARY  TO  IMPLEMENT   THE
 PROVISIONS  OF THIS SECTION WITHIN SIX MONTHS FROM THE EFFECTIVE DATE OF
 THIS SECTION. THE DEPARTMENT OF STATE, IN CONSULTATION WITH THE  DEPART-
 MENT  OF  ENVIRONMENTAL CONSERVATION AND DEPARTMENT OF LABOR, SHALL ALSO
 DEVELOP  AND  DISSEMINATE  EDUCATIONAL  MATERIALS  TO  FASHION  SELLERS,
 INCLUDING  PROVIDING  ALERTS  ON TIME SENSITIVE ISSUES, EMERGING ISSUES,
 AND HIGH-RISK COUNTRY  SITUATIONS,  AND  ASSISTING  FASHION  SELLERS  IN
 IMPROVING THE QUALITY OF THEIR DUE DILIGENCE PROCESSES.
   5.  VERIFICATION.  (A)  THE DEPARTMENT OF STATE SHALL, IN CONSULTATION
 WITH THE DEPARTMENT OF  ENVIRONMENTAL  CONSERVATION  AND  DEPARTMENT  OF
 LABOR,  DEVELOP A PROCESS FOR ACCREDITING VERIFICATION BODIES AUTHORIZED
 TO PROVIDE VERIFICATION SERVICES  FOR  THE  PURPOSES  OF  THIS  SECTION,
 INCLUDING WHICH REQUIREMENTS THE ENTITY IS AUTHORIZED TO VERIFY.
   (B) SUCH PROCESS SHALL AT A MINIMUM CONSIDER:
   (I)  THE  DEMONSTRATED QUALIFICATIONS OF VERIFICATION STAFF, INCLUDING
 THEIR EDUCATION, EXPERIENCE, AND PROFESSIONAL  LICENSES.    VERIFICATION
 BODIES  MUST  EMPLOY AND RETAIN AT LEAST FIVE TOTAL FULL-TIME STAFF WITH
 EXPERTISE IN THE REQUIREMENTS THEY SEEK TO VERIFY UNDER THIS SECTION;
   (II) ANY JUDICIAL PROCEEDINGS, ENFORCEMENT ACTIONS, OR  ADMINISTRATIVE
 ACTIONS FILED AGAINST THE BODY WITHIN THE PREVIOUS FIVE YEARS; AND
   (III)  THE  POLICIES  AND  MECHANISMS IN PLACE TO PREVENT CONFLICTS OF
 INTEREST AND TO IDENTIFY AND  RESOLVE  POTENTIAL  CONFLICT  OF  INTEREST
 SITUATIONS  IF  THEY  ARISE.  THE DEPARTMENT SHALL REQUIRE APPLICANTS TO
 SUBMIT THE FOLLOWING INFORMATION, AT A MINIMUM:
   (1) IDENTIFICATION OF SERVICES PROVIDED BY THE VERIFICATION BODY,  THE
 INDUSTRIES  THAT THE BODY SERVES, AND THE LOCATIONS WHERE THOSE SERVICES
 ARE PROVIDED;
   (2) A DETAILED ORGANIZATIONAL CHART  THAT  INCLUDES  THE  VERIFICATION
 BODY, ITS MANAGEMENT STRUCTURE, AND ANY RELATED ENTITIES; AND
   (3)  THE VERIFICATION BODY'S INTERNAL CONFLICT OF INTEREST POLICY THAT
 IDENTIFIES ACTIVITIES AND LIMITS TO MONETARY OR NON-MONETARY GIFTS  THAT
 APPLY TO ALL EMPLOYEES AND PROCEDURES TO MONITOR CONFLICTS OF INTEREST.
   (C) VERIFICATION BODIES SHALL NOT BE AUTHORIZED TO PROVIDE SERVICES TO
 A  COMPANY  WHERE  A CONFLICT OF INTEREST EXISTS. A CONFLICT OF INTEREST
 SHALL INCLUDE:
   (I) WHERE THE VERIFICATION BODY AND REPORTING ENTITY SHARE ANY MANAGE-
 MENT STAFF OR BOARD OF  DIRECTORS  MEMBERSHIP,  OR  ANY  OF  THE  SENIOR
 MANAGEMENT  STAFF  OF  THE  REPORTING  ENTITY  HAVE BEEN EMPLOYED BY THE
 VERIFICATION BODY, OR VICE VERSA, WITHIN THE PREVIOUS FIVE YEARS;
   (II) ANY EMPLOYEE OF THE VERIFICATION  BODY,  OR  ANY  EMPLOYEE  OF  A
 RELATED  ENTITY,  OR A SUBCONTRACTOR WHO IS A MEMBER OF THE VERIFICATION
 S. 7428--A                          7
 
 TEAM HAS PROVIDED THE REPORTING ENTITY  WITH  SERVICES  RELATED  TO  THE
 AREAS  OF  VERIFICATION, OR ANY SERVICES DESIGNATED BY THE DEPARTMENT OF
 STATE, WITHIN THE PREVIOUS FIVE YEARS;
   (III)  ANY  STAFF MEMBER OF THE VERIFICATION BODY PROVIDES ANY TYPE OF
 NON-MONETARY INCENTIVE TO A REPORTING ENTITY TO  SECURE  A  VERIFICATION
 SERVICES CONTRACT; AND
   (IV) ANY ADDITIONAL CRITERIA PROVIDED BY THE DEPARTMENT OF STATE.
   (D) VERIFICATION BODIES THAT HAVE BEEN ACCREDITED BY THE DEPARTMENT OF
 STATE  SHALL  NOTIFY THE DEPARTMENT WITHIN THIRTY DAYS IF THEY NO LONGER
 MEET THE VERIFICATION REQUIREMENTS SET FORTH BY THIS SECTION.
   6. ENFORCEMENT. (A) THE REQUIREMENTS IMPOSED  ON  FASHION  SELLERS  BY
 THIS  SECTION  SHALL  BE  MONITORED,  INVESTIGATED,  AND ENFORCED BY THE
 ATTORNEY GENERAL OR AN ADMINISTRATOR DESIGNATED BY THE ATTORNEY  GENERAL
 TO BRING CIVIL PROCEEDINGS FOR AN INJUNCTION, MONETARY DAMAGES, OR CIVIL
 PERFORMANCE  OF  A  STATUTORY DUTY. FASHION SELLERS SHALL BE DEEMED NON-
 COMPLIANT WITH THIS SECTION IF THEY FAIL TO CONDUCT EFFECTIVE DUE  DILI-
 GENCE  PURSUANT TO SUBDIVISION TWO OF THIS SECTION OR FAIL TO FILE A DUE
 DILIGENCE REPORT PURSUANT TO SUBDIVISION THREE OF THIS SECTION.
   (B) THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED  ADMIN-
 ISTRATOR  AS APPLICABLE, SHALL ANNUALLY PUBLISH AND MAKE PUBLICLY AVAIL-
 ABLE A REPORT REGARDING COMPLIANCE WITH THIS SECTION, LISTING THE  FASH-
 ION  SELLERS WHO ARE KNOWN TO BE OUT OF COMPLIANCE WITH THIS SECTION AND
 INCLUDING AN UP-TO-DATE REPORT ON THE ATTORNEY GENERAL'S  MONITORING  OF
 SUCH COMPLIANCE.
   (C)  FASHION  SELLERS  FOUND TO BE OUT OF COMPLIANCE WITH THIS SECTION
 AFTER THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED  ADMIN-
 ISTRATOR AS APPLICABLE, HAS PROVIDED NOTICE OF NON-COMPLIANCE, AND AFTER
 A  THREE-MONTH PERIOD TO MEET OBLIGATIONS UNDER THIS SECTION HAS LAPSED,
 MAY BE FINED UP TO TWO PERCENT OF ANNUAL REVENUES. SUCH FINES  SHALL  BE
 DEPOSITED  IN  THE COMMUNITY BENEFIT FUND ESTABLISHED BY SECTION NINETY-
 SEVEN-CCC OF THE STATE FINANCE LAW.
   (D)  THE ATTORNEY GENERAL, OR THE ATTORNEY GENERAL'S DESIGNATED ADMIN-
 ISTRATOR SHALL USE  A  RISK-BASED  APPROACH  IN  ENFORCEMENT  AND  SHALL
 PUBLISH ENFORCEMENT GUIDELINES.
   (E)  ANY PERSON MAY REPORT A VIOLATION OF THIS SECTION TO THE ATTORNEY
 GENERAL'S OFFICE.
   (F) ANY FASHION SELLER SHALL BE HELD JOINTLY AND SEVERALLY LIABLE  FOR
 THE PAYMENT OF WAGES OF THE EMPLOYEES OF ITS TIER ONE SUPPLIERS. FOR THE
 PURPOSES OF THIS SECTION, WAGES SHALL BE INCLUSIVE OF ALL MONEYS OWED IN
 ACCORDANCE  WITH THE LAW OF THE COUNTRY OF MANUFACTURE, INCLUDING WAGES,
 OVERTIME WAGES, PAID LEAVE, INCENTIVES, BONUSES, SEVERANCE AND ANY OTHER
 FORM OF PAYMENT OR COMPENSATION.  FOR  THE  PURPOSES  OF  THIS  SECTION,
 EMPLOYEE  SHALL  INCLUDE  ALL  WORKERS,  WHETHER FULL-TIME OR PART-TIME,
 PERMANENT OR FIXED-TERM, DIRECTLY CONTRACTED OR HIRED INDIRECTLY THROUGH
 AN AGENCY OR OTHER INTERMEDIARY. FASHION SELLERS  SHALL  BE  LIABLE  FOR
 PAYMENT  OF  LOST  WAGES  AND  AN  ADDITIONAL EQUAL AMOUNT AS LIQUIDATED
 DAMAGES.
   § 3. The state finance law is amended by adding a new  section  97-ccc
 to read as follows:
   § 97-CCC. FASHION REMEDIATION FUND.  1. THERE IS HEREBY ESTABLISHED IN
 THE  JOINT  CUSTODY OF THE COMPTROLLER, THE COMMISSIONER OF TAXATION AND
 FINANCE, THE COMMISSIONER OF ENVIRONMENTAL CONSERVATION, AND THE COMMIS-
 SIONER OF LABOR A SPECIAL FUND TO BE KNOWN AS  THE  FASHION  REMEDIATION
 FUND.
 S. 7428--A                          8
 
   2.  SUCH  FUND SHALL CONSIST OF ALL MONEYS DEPOSITED PURSUANT TO PARA-
 GRAPH (C) OF SUBDIVISION SIX OF SECTION THREE HUNDRED NINETY-NINE-MM  OF
 THE GENERAL BUSINESS LAW.
   3.  THE  MONEYS  IN  THE  FUND SHALL BE EXPENDED BY THE COMPTROLLER IN
 CONSULTATION WITH THE  DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  THE
 DEPARTMENT  OF LABOR AND RELEVANT STAKEHOLDERS FOR THE PURPOSE OF IMPLE-
 MENTING ONE OR MORE ENVIRONMENTAL BENEFIT PROJECTS OR LABOR  REMEDIATION
 PROJECTS  THAT  DIRECTLY AND VERIFIABLY BENEFIT THE WORKERS AND COMMUNI-
 TIES DIRECTLY IMPACTED, TO THE EXTENT PRACTICABLE, AT THE  LOCATION  THE
 INJURY HAS OCCURRED.
   4.  ON  OR BEFORE THE FIRST DAY OF FEBRUARY EACH YEAR, THE COMPTROLLER
 SHALL CERTIFY TO THE TEMPORARY PRESIDENT OF THE SENATE, AND THE  SPEAKER
 OF  THE  ASSEMBLY,  THE  AMOUNT OF MONEY DEPOSITED BY SOURCE IN THE FUND
 DURING THE PRECEDING CALENDAR YEAR, AS WELL AS  ALL  DISBURSEMENTS  FROM
 THE FUND DURING THE PRECEDING CALENDAR YEAR.
   5.  MONEYS  SHALL BE PAYABLE FROM THE FUND ON THE AUDIT AND WARRANT OF
 THE COMPTROLLER ON VOUCHERS CERTIFIED AND APPROVED BY  THE  COMMISSIONER
 OF ENVIRONMENTAL CONSERVATION AND THE COMMISSIONER OF LABOR, AS APPLICA-
 BLE.
   §  4.  The  attorney  general  shall  certify to the governor that the
 office of the  attorney  general  is  prepared  to  execute  the  duties
 assigned  in subdivision 6 of section 399-mm of the general business law
 within one year following the effective date of this act. If, after  the
 expiration  of  one  year,  the  attorney  general requires more time to
 certify that the office of the attorney general is prepared  to  execute
 such  duties,  the  attorney general may, for good cause shown, apply to
 the governor for an extension of time. The governor may grant or deny an
 extension of up to one year according to their discretion.
   § 5. This act shall take effect immediately; provided, however, subdi-
 vision 6 of section 399-mm of the  general  business  law  as  added  by
 section  two  of  this act shall take effect one year after the attorney
 general certifies that the office of the attorney general is prepared to
 execute the duties assigned in such subdivision.  The  attorney  general
 shall  notify  the  legislative bill drafting commission upon the occur-
 rence of such certification in order that the commission may maintain an
 accurate and timely effective data base of the official text of the laws
 of the state of New York in furtherance of effectuating  the  provisions
 of  section  44  of  the  legislative law and section 70-b of the public
 officers law.