The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5921--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                              March 23, 2021
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  COONEY,  KAPLAN, MAY, REICHLIN-MELNICK,
   BIAGGI,  BRISPORT,  BROOKS,  HOYLMAN,  JACKSON,  KAMINSKY,  SEPULVEDA,
   SKOUFIS  --  read  twice  and  ordered printed, and when printed to be
   committed to the Committee on Procurement and Contracts -- recommitted
   to the Committee on  Procurement  and  Contracts  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 state finance law, in relation to enacting  the  New
   York deforestation-free procurement act
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may be cited as the  "New  York
 deforestation-free procurement act".
   §  2.  Legislative  Findings.  The  Legislature finds and declares the
 following:
   1. Tropical forests cover roughly 7 percent of  Earth's  surface,  but
 harbor close to 50 percent of all species on Earth.
   2.  Boreal forests represent about thirty percent of the global forest
 area,  help  regulate  the  climate  through  the exchange of energy and
 water, and are a large reservoir of biogenic carbon.
   3. Human activity is the driving force  behind  the  current  rate  of
 species  extinction,  which  is  at least 100 to 1,000 times higher than
 historical levels. The World Wildlife Fund's 2016 Living  Planet  Report
 found  global  populations  of  fish,  birds,  mammals,  amphibians, and
 reptiles declined by 58 percent between 1970 and 2012.
   4. Globally, an estimated 18,000,000 acres of  forest,  an  area  more
 than  half the size of New York State, are lost every year to deforesta-
 tion according to the Food and Agriculture Organization  of  the  United
 Nations, with over one-half of Earth's tropical forests already gone. At
 the  current  pace, the entirety of Earth's tropical rainforests will be
 degraded or destroyed within the next 100 years.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03158-12-2

 S. 5921--A                          2
 
   5. It has been estimated that at  least  30  percent  of  the  world's
 greenhouse gas emissions come from deforestation and forest degradation.
 Taking into account carbon sequestration potential, stopping the loss of
 tropical  forests, mangroves, and wetlands could provide over 20 percent
 of climate mitigation by 2030.
   6. Loss of biodiversity resulting from forest degradation and defores-
 tation,  as  well  as human encroachment on formerly undisturbed ecosys-
 tems, increases the risks of zoonotic disease pandemics such  as  COVID-
 19.
   7. New York State is a leader in addressing the climate crisis, with a
 statutory  goal  of achieving net-zero greenhouse gas emissions economy-
 wide by 2050.
   8. Tropical deforestation in many countries is closely associated with
 violations of the land rights of indigenous peoples and  local  communi-
 ties  and  with  the exploitation of workers, including forced labor and
 child labor, and in many cases is enabled  by  corruption,  criminality,
 and violence against land defenders.
   9. Tropical deforestation in many countries is also closely associated
 with  illegal wildlife trafficking, including, but not limited to, vari-
 ous bird and reptile species,  many  primate  species,  including  great
 apes,  pangolins,  and  orangutans,  and  in  many  cases  is enabled by
 corruption, criminality, and violence against conservationists.
   10. The primary factor leading to tropical deforestation  is  degrada-
 tion  and  road-building associated with logging for timber, which opens
 the door for deforestation  caused  by  industrial-scale  production  of
 agricultural  commodities and conversion of forests into plantations for
 the timber, pulp, and paper industry. Together, these  are  increasingly
 known as "forest-risk commodities".
   11.  Industrial logging to make single-use tissue products, newsprint,
 and lumber is a large driver of boreal forest degradation and deforesta-
 tion, as is  the  exploration,  development,  and  extraction  of  other
 resources,  such  as  mining,  oil and gas development, and flooding for
 hydroelectric projects.
   12. New York is inadvertently promoting and sanctioning  deforestation
 and intact forest degradation through the purchase of goods and products
 that  have  been produced in supply chains that contribute to deforesta-
 tion and intact forest degradation.
   13. New York has one of the largest economies in  the  world  and  its
 purchasing  power  has  significant  market force, allowing it to play a
 leadership role in preventing forest loss  and  supporting  markets  for
 sustainably-sourced products.
   14.  It is the intent of the legislature that it be the policy of this
 state to ensure companies contracting with the state are not  contribut-
 ing  to  tropical  or  boreal deforestation or intact forest degradation
 directly or through their supply chains.
   § 3. Paragraphs b, c, d and e of subdivision 1 of section 165  of  the
 state  finance  law,  as  added  by  chapter 83 of the laws of 1995, are
 amended to read as follows:
   b. "Tropical hardwood" shall mean any and all hardwood, scientifically
 classified as angiosperm, that grows in  any  tropical  [moist]  forest.
 Tropical  hardwoods shall [be] INCLUDE BUT NOT BE LIMITED TO the follow-
 ing species:
      Scientific Name                     EXAMPLES OF Common [Name]
                                          NAMES
      PRUNUS AFRICANA                     AFRICAN CHERRY, RED STINKWOOD
      CARYOCAR COSTARICENSE               AJO, AJI
 S. 5921--A                          3
 
      CALOPHYLLUM SPP.                    BINTANGOR
      CEDRELA SPP.                        CEDAR
      NEOBALANOCARPUS HEIMII,             CHENGAL
      BALANOCARPUS HEIMII
      OCTOMELES SUMATRANA MIQ.            ERIMA, BENUANG
      MYROXYLON BALSAMUM                  ESTORAQUE
      APULEIA LEIOCARPA                   GARAPA
      PARASTEMON UROPHYLLUS,PARASTEMON    MALAS
      SPICATUS RIDLEY
      HOPEA SPP.                          MERAWAN
      ARAUCARIA ARAUCANA                  MONKEY PUZZLE, CHILEAN PINE
      PTEROCARPUS TINCTORIUS              MUKULA
      SENNA SIAMEA                        SIAMESE SENNA
      POMETIA PINATA                      TAUN
      MILLETIA LEUCANTHA KURZ             THINWIN
      BULNESIA ARBOREA, BULNESIA          VERAWOOD, ARGENTINE LIGNUM
      SARMIENTOI                          VITAE
      TRISTANIOPSIS LAURINA               WATER GUM
      TERMINALIA SPP.
      HOMALIUM FOETIDUM                   MALAS
      DILLENIA PAPUANA                    DILLENIA
      CANARIUM SPP.                       RED CANARIUM, GREY CANARIUM
      BURKRELLA MACROPODA                 RANG RANG
      OCTOMELES SUMATRANA                 ERIMA, BENUANG
      DRACONTOMELON DAO                   NEW GUINEA WALNUT
      PLANCHONELLA SPP.                   WHITE PLANCHONELLA, RED
                                          PLANCHONELLA
      LOPHOPETALUM SPP.                   PERUPOK
      CARINIAN PYRIFORMIS                 ABARCO, JEQUITIBA
      MITRAGYNA CILIATE                   ABURA
      Vouacapous americana                Acapu
      AMBURANA CAERENSIS                  AMBURANA, CEREJEIRA
      DALBERGIA MELANOXYLON               AFRICAN BLACKWOOD
      LOVOA SPP.                          AFRICAN WALNUT, TIGERWOOD
      Pericopsis elata                    [Afrormosis] AFRORMOSIA
      [Shorea almon]                      [Almon]
      ASPIDOSPERMA MEGALOCARPON           ACARETTO
      Peltogyne spp.                      Amaranth, PURPLEHEART
      TERMINALIA AMAZONIA                 AMARILLO REAL
      Guibourtia ehie                     Amazaque
      AMBURANA CEARENSIS                  AMBURANA, CEREJEIRA, CUMARE
      PTEROGYNE NITENS                    AMENDOIM
      CARAPA GUIANENSIS                   ANDIROBA, FALSE MAHOGANY
      DICORYNIA GUIANENSIS                ANGILIQUE CRIS
      [Aningeris] ANINGERIA spp.          Aningeria, ANEGRE,
                                          ANIGRE
      Dipterocarpus [grandiflorus]        [Apilong] APITONG, KERUING
      SPP.
      CENTROLOBIUM SPP.                   ARARIBA, AMARILLO
      BROSIMUM UTILE                      BACO
      SHOREA SPP.                         BALAU, SELANGAN BATU
      Ochroma lagopus                     Balsa
      OCHROMA PYRAMIDALE                  BALSA
      MYROXYLON BALSAMUM                  BALSAMO
      [Virola spp.]                       [Banak]
      Anisoptera thurifera                Bella [Rose] ROSA
 S. 5921--A                          4
 
      GUIBOURTIA arnoldiana               Benge, MUTENYE
      BERLINIA SPP.                       BERLINIA, ROSE ZEBRANO
      SYMPHONIA GLOBULIFERA               BOAR WOOD
      Deterium [Senegalese] SENEGALESE    Boire
      CAESALPINIA ECHINTATA,              BRAZILWOOD, PERNAMBUCO
      PAUBRASILIA ESCHINATA
      BERTHOLLETIA EXCELS                 BRAZIL TREE
      BROSIMUM ALICASTRUM                 BREADNUT
      GUILBOURTIA SPP.                    BUBINGA, AFRICAN
      (G. DEMUSEI, G. PELLEGRINIANA,      ROSEWOOD, KEVAZINGO
      G. TESSMANNII)
      TOONA CALANTAS, CEDRELA CALANTAS    CALANTAS, KALANTAS
      Priora copaifera                    Cativo
      CEDRELA ODORATA, CEDRELA FISSILIS   CEDRO, CEDAR, SPANISH CEDAR,
                                          SOUTH AMERICAN CEDAR
      CEIBA PENTANDRA                     CEIBA
      Antiaris africana                   Chenchen, ANTIARIS
      COURATARI GUIANENSIS                COCO BLANCO
      [Dalbergis] DALBERGIA
      retusa                              [Concobola] COCOBOLO,
                                          GRANADILLO
      TABEBUIA DONNELL-SMITHII            COPAL
      DANIELLIA SPP.                      COPAL, DANIELLIA
      Cordia spp.                         Cordia, BOCOTE, ZIRICOTE, LOURO
      HYMENAEA COURBARIL                  COURBARIL, WEST INDIAN LOCUST
      DIPTERYX ODORATA                    CUMARU
      PIPTADENIASTRUM AFRICANUM           DAHOMA, BANZU
      CALYCOPHYLLUM CANDIDISSIMUM         DEGAME, LEGAME LANCEWOOD,
                                          LEMONWOOD
      AFZELIA SPP.                        DOUSSIE, LINGUE
      [Diospyros] DIOSPYRUS spp.          Ebony, MACASSARE,
                                          EBONY,
                                          CEYLON EBONY
      LOPHIRA ALATA                       EKKI, AZOBE, BANGASSI, AKOURA,
                                          RED IRONWOOD
      COMBRETODENDRON MACROCARPUM         ESIA, ESSIA
      CORDIA GOELDIANA                    FREIJO, CORDIA WOOD
      CHLOROPHORA TINCTORIA               FUSTIC, YELLOW WOOD, TATAJUBA
      [Aucoumes] AUCOUMEA klaineana       Gaboon, OKOUME
      ASTRONIUM SPP.                      GONCALO ALVES, ZEBRAWOOD,
                                          TIGERWOOD
      OCOTEA RODIAEI                      GREENHEART
      ENTEROLOBIUM CYCLOCARPUM            GUANACASTE, RAIN TREE,
                                          ELEPHANT EAR
      GUAREA SPP.                         GUAREA, BOSSE
      TERMINALIA IVORENSIS                IDIGBO, FRAMIRE, BLACK AFARA
      PHOEBE POROSA                       IMBUIA, IMBUYA, EMBUIA,
                                          BRAZILIAN WALNUT
      HANDROANTHUS SPP.                   IPE, BRAZILIAN WALNUT,
                                          BETHABARRA, PAU D'ARCO,
                                          IRONWOOD, LAPACHO
      Chlorophors excelsa                 Iroko
      HYMENAEA COURBARIL                  JATOBA, "BRAZILIAN CHERRY"
      JACARANDA COPAIA                    JACARANDA
      MACHAERIUM VILLOSUM                 JACARANDA PARDO
      DYERA COSTULATA                     JELUTONG
 S. 5921--A                          5

      DRYOBALANOPS SPP.                   KAPUR, KELADAN
      KOOMPASSIA MALACCENSIS              KEMPAS, IMPAS
      Acacia koa                          Koa
      ENTANDROPHRAGMA CANDOLLEI           KOSIPO, OMU
      Pterygota macrocarpa                Koto, AFRICAN PTERYGOTA, WARE
      OXANDRA LANCEOLATE                  LANCEWOOD
      Shorea SPP. [negrosensis]           [Red]  Lauan, LUAN,
                                          LAWAAN, MERANTI, WHITE
                                          MERANTI, YELLOW MERANTI, DARK
                                          RED MERANTI, LIGHT RED MERANTI,
                                          SERAYA, TANGUILE, BANG,
                                          PHILIPPINE MAHOGANY
      [Pentacme contorta]                 [White Lauan]
      [Shores ploysprma]                  [Tanguile]
      NOTHOFAGUS PUMILIO                  LENGA
      GUAIACUM OFFICINALE                 LIGNUM VITAE, GUAYACAN,
                                          IRONWOOD
      Terminalia superba                  Limba, AFARA, OFRAM
      [Aniba duckei] ANIBA ROSEDORA       [Louro] BRAZILIAN
                                          ROSEWOOD, PAU ROSA, BOIS
                                          DE ROSE
      NECTANDRA SPP.                      LOURO PRETO
      [Kyaya ivorensis] KHAYA SPP.        [Africa] AFRICAN
                                          Mahogany
      [Swletenia macrophylla]             [Amer. Mahogany]
      SWIETENIA SPP.                      AMERICAN MAHOGANY, WEST INDIAN
                                          MAHOGANY, CENTRAL AMERICAN
                                          MAHOGANY, HONDURAN MAHOGANY,
                                          SOUTH AMERICAN MAHOGANY,
                                          MEXICAN MAHOGANY, BIGLEAF
                                          MAHOGANY, LITTLE LEAF
                                          MAHOGANY, ACAJOU, CAOBA
                                          MOGNO
      Tieghemella [leckellii] HECKELII    [Makora]
                                          MAKORE,
                                          BAKU
      DIOSPYROS MARMORATA                 MARBLEWOOD, ZEBRAWOOD
      INTSIA BIJUGA, INTSIA PALEMBANICA   MERBAU, IPIL, KWILA
      ANISOPTERA SPP.                     MERSAWA, KRABAK, PALOSAPIS
      MORA EXCELSA                        MORA
      Distemonanthus benthamianus         Movingui, AYAN
      TERMINALIA AMAZONIA                 NARGUSTA
      PTEROCARPUS SPP.                    NARRA, AMBYNA, PAPUA NEW GUINEA
                                          ROSEWOOD, RED SANDERS, MUKULA,
                                          KOSSO, ZITAN, HONGMU
      PALAQUIUM SPP.                      NYATOH, PADANG, PENCIL CEDAR
      TRIPLOCHITON SCLEROXYLON            OBECHE, SAMBA
      NAUCLEA DIDERRICHII                 OPEPE, SIBO
      Pterocarpus [soyauxii] SPP.         [African] Padauk,
                                          VERMILLION WOOD
      [Pterocarpus angolensis]            [Angola Padauk]
      MILLETTIA STUHLMANNII               PANGA PANGA
      BALFOURODENDRON RIEDELIANUM         PAU MARFIM
      Aspidosperma spp.                   Peroba, ROSA
      PARATECOMA PEROBA                   PEROBA BRANCA
 S. 5921--A                          6
 
      DALBERGIA FRUTESCENS, D. TOMENTOSA  PINKWOOD, BRAZILIA TULIPWOOD
      TABEBUIA DONNELL-SMITHII            PRIMA VERA, ROBLE, DURANGO
      Peltogyne spp.                      Purpleheart
      Gonystylus spp.                     Ramin
      MELANORRHOEA CURTISII               RENGAS, BORNEO ROSEWOOD
      NOTHOFAGUS OBLIQUA                  ROBLE
      HEVEA BRASILIENSIS                  RUBBERWOOD
      Dalbergia spp.                      Rosewood, INDIAN ROSEWOOD,
                                          HONDURAS ROSEWOOD, COCOBOLO,
                                          GRANADILLO
      ANIBA DUCKEI                        BRAZILIAN ROSEWOOD
      ENTANDROPHRAGMA cylindricum         [Sapela] SAPELE,
                                          SAPELLI
      ACANTHOPANAX RICINOFOLIUS           SEN, CASTOR ARABIA
      BROSIMUM AUBLETTI, PIRATINERA       SNAKEWOOD, LETTERWOOD, LEOPARD
      GUIANENSIS                          WOOD
      [Shores phillippinensis]            [Sonora]
      JUGLANS SPP. (JUGLANS               SOUTH AMERICAN WALNUT, PERUVIAN
      AUSTRALIS, J. NEOTROPICA,           WALNUT
      J. OLANCHANA, ETC.)
      STERCULIA RHINOPETALA               STERCULIA
      BAGASSA GUIANENSIS                  TATAJUBA, BAGASSE
      Tectona grandis                     Teak
      Lovoa trichilloides                 Tigerwood
      ENTANDROPHRAGMA UTILE               UTILE, SIPO
      VIROLA SPP.                         VIROLA, CUMALA, BANAK, TAPSAVA
      Milletia laurentii                  Wenge
      PENTACME CONTORTA                   WHITE LAUAN
      Microberlinia [brazzavillensis]     Zebrawood,
      SPP.                                ZEBRANO, ZINGANA
 
   c.  "Tropical  [rain] forests" shall mean [any and all forests classi-
 fied by the scientific term "Tropical moist forests", the classification
 determined by the equatorial region of the forest and average  rainfall]
 A  NATURAL  ECOSYSTEM WITHIN THE TROPICAL REGIONS, APPROXIMATELY BOUNDED
 GEOGRAPHICALLY BY THE TROPICS OF  CANCER  AND  CAPRICORN,  BUT  POSSIBLY
 AFFECTED  BY  OTHER  FACTORS SUCH AS PREVAILING WINDS, CONTAINING NATIVE
 SPECIES COMPOSITION, STRUCTURE, AND ECOLOGICAL  FUNCTION,  WITH  A  TREE
 CANOPY  COVER  OF  MORE  THAN  TEN  PERCENT OVER AN AREA OF AT LEAST 0.5
 HECTARES. "TROPICAL FORESTS" SHALL INCLUDE ALL  OF  THE  FOLLOWING:  (I)
 HUMAN-MANAGED  TROPICAL  FORESTS  OR PARTIALLY DEGRADED TROPICAL FORESTS
 THAT ARE REGENERATING; AND (II) FORESTS  IDENTIFIED  BY  MULTI-OBJECTIVE
 CONSERVATION  BASED  ASSESSMENT METHODOLOGIES, SUCH AS HIGH CONSERVATION
 VALUE (HCV) AREAS, AS DEFINED BY  THE  HCV  RESOURCE  NETWORK,  OR  HIGH
 CARBON  STOCK  FORESTS, AS DEFINED BY THE HIGH CARBON STOCK APPROACH, OR
 BY ANOTHER METHODOLOGY WITH EQUIVALENT OR HIGHER STANDARDS THAT INCLUDES
 PRIMARY FORESTS AND PEATLANDS OF ANY DEPTH. "TROPICAL FORESTS" SHALL NOT
 INCLUDE TREE PLANTATIONS OF ANY TYPE.
   d. "Tropical wood products" shall mean any wood products, wholesale or
 retail, in any form, including  but  not  limited  to  PLYWOOD,  veneer,
 furniture, cabinets, paneling, SIDING, moldings, DOORS, doorskins, join-
 ery,  FLOORING  or sawnwood, which are composed, IN WHOLE OR IN PART, of
 tropical hardwood [except plywood].
   e. "PEAT" MEANS A SOIL THAT IS RICH  IN  ORGANIC  MATTER  COMPOSED  OF
 PARTIALLY  DECOMPOSED PLANT MATERIALS EQUAL TO OR GREATER THAN 40 CENTI-
 METERS OF THE TOP 100 CENTIMETERS OF THE SOIL.
 S. 5921--A                          7
 
   F. "PEATLANDS" MEANS WETLANDS WITH A LAYER OF PEAT MADE UP OF DEAD AND
 DECAYING PLANT MATERIAL. PEATLANDS INCLUDES  MOORS,  BOGS,  MIRES,  PEAT
 SWAMP FORESTS, AND PERMAFROST TUNDRA.
   G.  "Secondary  materials" means any material recovered from or other-
 wise destined for the waste stream, including, but not limited to, post-
 consumer material, industrial scrap material and overstock  or  obsolete
 inventories  from distributors, wholesalers and other companies but such
 term does not include those materials and  by-products  generated  from,
 and commonly reused within, an original manufacturing process.
   §  4. Paragraph b 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:
   b.  The  provisions of paragraph a of this subdivision shall not apply
 to:
   (i) [Any hardwoods purchased from a sustained, managed forest; or
   (ii)] Any binding contractual obligations for purchase of  commodities
 entered  into prior to August twenty-fifth, nineteen hundred ninety-one;
 or
   [(iii) The purchase of any  tropical  hardwood  or  tropical  hardwood
 product  for which there is no acceptable non-tropical hardwood species;
 or
   (iv) Where the contracting officer finds  that  no  person  or  entity
 doing business in the state is capable of providing acceptable non-trop-
 ical  hardwood  species  sufficient  to  meet  the  particular  contract
 requirements; or
   (v)] (II) Where the inclusion or application of such  provisions  will
 violate  or  be  inconsistent  with  the terms or conditions of a grant,
 subvention or contract  in  an  agency  of  the  United  States  or  the
 instructions  of  an  authorized  representative of any such agency with
 respect to any such grant, subvention or contract[; or
   (vi) Where inclusion or application of such provisions  results  in  a
 substantial  cost  increase  to  the state, government agency, political
 subdivision, public corporation or public benefit corporation].
   § 5. Section 165 of the state finance law is amended by adding  a  new
 subdivision 9 to read as follows:
   9.  DEFORESTATION-FREE  PROCUREMENT.  A. FOR PURPOSES OF THIS SUBDIVI-
 SION, THE FOLLOWING DEFINITIONS SHALL APPLY:
   (I) "CONTRACTOR" MEANS ANY PERSON OR ENTITY THAT HAS A CONTRACT WITH A
 STATE AGENCY OR STATE AUTHORITY FOR PUBLIC WORKS OR IMPROVEMENTS  TO  BE
 PERFORMED,  FOR  A FRANCHISE, CONCESSION OR LEASE OF PROPERTY, FOR GRANT
 MONIES OR GOODS AND SERVICES OR SUPPLIES TO BE PURCHASED AT THE  EXPENSE
 OF  THE AGENCY OR AUTHORITY OR TO BE PAID OUT OF MONIES DEPOSITED IN THE
 TREASURY OR OUT OF TRUST MONIES UNDER THE CONTROL OR  COLLECTED  BY  THE
 AGENCY OR AUTHORITY.
   (II)  "FOREST-RISK  COMMODITY"  MEANS  ANY  COMMODITY  AND ITS DERIVED
 PRODUCTS, INCLUDING AGRICULTURAL AND  NON-AGRICULTURAL  COMMODITIES  BUT
 EXCLUDING TROPICAL HARDWOOD AND TROPICAL WOOD PRODUCTS COVERED BY SUBDI-
 VISIONS  ONE  AND TWO OF THIS SECTION, WHETHER IN RAW OR PROCESSED FORM,
 THAT IS COMMONLY EXTRACTED FROM, OR GROWN, DERIVED,  HARVESTED,  REARED,
 OR  PRODUCED  ON  LAND  WHERE TROPICAL OR BOREAL DEFORESTATION OR INTACT
 FOREST DEGRADATION HAS OCCURRED  OR  IS  LIKELY  TO  OCCUR.  FOREST-RISK
 COMMODITIES INCLUDE PALM OIL, SOY, BEEF, COFFEE, WOOD PULP, PAPER, LOGS,
 LUMBER,  AND  ANY  ADDITIONAL COMMODITIES DEFINED BY THE COMMISSIONER OF
 THE OFFICE OF GENERAL SERVICES PURSUANT TO SUBPARAGRAPH (I) OF PARAGRAPH
 G OF THIS SUBDIVISION, BUT DO  NOT  INCLUDE  WOOD  PULP  OR  PAPER  MADE
 ENTIRELY FROM RECOVERED FIBER.
 S. 5921--A                          8
 
   (III)  "FREE,  PRIOR, AND INFORMED CONSENT" MEANS THE PRINCIPLE THAT A
 COMMUNITY HAS THE RIGHT TO GIVE OR  WITHHOLD  ITS  CONSENT  TO  PROPOSED
 DEVELOPMENTS THAT MAY AFFECT THE LAND AND WATERS IT LEGALLY OR CUSTOMAR-
 ILY  OWNS,  OCCUPIES,  OR  OTHERWISE  USES,  AS  DESCRIBED IN THE UNITED
 NATIONS  DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES, THE INDIGENOUS
 AND TRIBAL PEOPLES CONVENTION OF 1989, ALSO KNOWN AS  THE  INTERNATIONAL
 LABOR  ORGANIZATION CONVENTION 169, AND OTHER INTERNATIONAL INSTRUMENTS.
 "FREE, PRIOR, AND INFORMED CONSENT" MEANS INFORMED, NONCOERCIVE  NEGOTI-
 ATIONS  BETWEEN  INVESTORS,  COMPANIES,  OR  GOVERNMENTS, AND INDIGENOUS
 PEOPLES AND LOCAL COMMUNITIES, PRIOR TO PROJECT DEVELOPMENT.
   (IV) "LARGE CONTRACTOR" MEANS ANY CONTRACTOR WHOSE ANNUAL REVENUE,  OR
 THAT  OF  THEIR  PARENT COMPANY, IS EQUAL TO OR GREATER THAN ONE HUNDRED
 MILLION DOLLARS.
   (V) "POINT-OF-ORIGIN" MEANS THE GEOGRAPHICAL LOCATION,  AS  IDENTIFIED
 BY  THE  SMALLEST  ADMINISTRATIVE  UNIT  OF  LAND, WHERE A COMMODITY WAS
 GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED.
   (VI) "RECOVERED FIBER" MEANS POSTCONSUMER FIBER SUCH AS PAPER,  PAPER-
 BOARD,  AND  FIBROUS  MATERIALS  FROM  RETAIL  STORES, OFFICE BUILDINGS,
 HOMES, AND SO FORTH,  AFTER  HAVING  PASSED  THROUGH  THEIR  END  USAGE,
 INCLUDING  USED  CORRUGATED  BOXES, OLD NEWSPAPERS, OLD MAGAZINES, MIXED
 WASTE PAPER, TABULATING CARDS, AND USED CORDAGE, AND ALL  PAPER,  PAPER-
 BOARD, AND FIBROUS MATERIALS THAT ENTER AND ARE COLLECTED FROM MUNICIPAL
 SOLID  WASTE;  AND MANUFACTURING WASTES SUCH AS DRY PAPER AND PAPERBOARD
 WASTE GENERATED AFTER COMPLETION OF THE PAPERMAKING  PROCESS,  INCLUDING
 ENVELOPE  CUTTINGS,  BINDERY  TRIMMINGS,  AND OTHER PAPER AND PAPERBOARD
 WASTE RESULTING FROM PRINTING, CUTTING, FORMING,  AND  OTHER  CONVERTING
 OPERATIONS,  BAG,  BOX, AND CARTON MANUFACTURING WASTES, AND BUTT ROLLS,
 MILL WRAPPERS, AND REJECTED UNUSED STOCK, AND  REPULPED  FINISHED  PAPER
 AND  PAPERBOARD  FROM  OBSOLETE  INVENTORIES  OF  PAPER  AND  PAPERBOARD
 MANUFACTURERS, MERCHANTS, WHOLESALERS,  DEALERS,  PRINTERS,  CONVERTERS,
 AND OTHERS.
   (VII)  "DEFORESTATION"  MEANS DIRECT HUMAN-INDUCED CONVERSION OF TROP-
 ICAL OR BOREAL FOREST TO AGRICULTURE, A TREE PLANTATION, OR  OTHER  NON-
 FOREST LAND USE.
   (VIII) "INTACT FOREST DEGRADATION" MEANS SEVERE AND SUSTAINED DEGRADA-
 TION  OF  A  TROPICAL  OR  BOREAL FOREST RESULTING IN SIGNIFICANT INTACT
 FOREST LOSS AND/OR A PROFOUND CHANGE IN SPECIES COMPOSITION,  STRUCTURE,
 OR ECOLOGICAL FUNCTION OF THAT FOREST.
   (IX)  "BOREAL FOREST" MEANS A FOREST GROWING IN HIGH-LATITUDE ENVIRON-
 MENTS WHERE FREEZING TEMPERATURES OCCUR FOR SIX TO EIGHT MONTHS  AND  IN
 WHICH  TREES ARE CAPABLE OF REACHING A MINIMUM HEIGHT OF FIVE METERS AND
 A CANOPY COVER OF TEN PERCENT.
   (X) "INTACT FOREST" MEANS A FOREST THAT HAS  NEVER  BEEN  INDUSTRIALLY
 LOGGED  AND  HAS  DEVELOPED  FOLLOWING  NATURAL  DISTURBANCES  AND UNDER
 NATURAL PROCESSES, REGARDLESS OF ITS AGE. INTACT FORESTS INCLUDE FORESTS
 THAT HAVE  EXPERIENCED  NON-INDUSTRIAL-SCALE  HUMAN  IMPACTS,  INCLUDING
 TRADITIONAL OR SUBSISTENCE ACTIVITIES CARRIED OUT BY INDIGENOUS COMMUNI-
 TIES.
   (XI)  "NEW  YORK  STATE  PRODUCTS"  MEANS  PRODUCTS  THAT  ARE  GROWN,
 HARVESTED, OR PRODUCED IN THIS STATE, OR  PROCESSED  INSIDE  OR  OUTSIDE
 THIS  STATE  COMPRISING  OVER  FIFTY-ONE  PERCENT  RAW  MATERIALS GROWN,
 HARVESTED, OR PRODUCED IN THIS STATE, BY WEIGHT OR VOLUME.
   (XII) "SMALL BUSINESS" MEANS SMALL BUSINESS AS DEFINED IN SECTION  ONE
 HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
 S. 5921--A                          9
 
   (XIII)  "MEDIUM-SIZED BUSINESS" SHALL MEAN A BUSINESS THAT IS RESIDENT
 IN THIS STATE, INDEPENDENTLY OWNED AND OPERATED,  NOT  DOMINANT  IN  ITS
 FIELD, AND EMPLOYS BETWEEN ONE HUNDRED AND FIVE HUNDRED PERSONS.
   (XIV) "MINORITY-OWNED BUSINESS ENTERPRISE" SHALL HAVE THE SAME MEANING
 AS IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   (XV)  "WOMEN-OWNED BUSINESS ENTERPRISE" SHALL HAVE THE SAME MEANING AS
 IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   B. (I) EVERY CONTRACT ENTERED INTO BY A STATE AGENCY OR AUTHORITY THAT
 INCLUDES THE PROCUREMENT OF ANY PRODUCT COMPRISED WHOLLY OR IN PART OF A
 FOREST-RISK COMMODITY SHALL REQUIRE THAT THE CONTRACTOR CERTIFY THAT THE
 COMMODITY FURNISHED TO THE  STATE  PURSUANT  TO  THE  CONTRACT  WAS  NOT
 EXTRACTED  FROM,  GROWN, DERIVED, HARVESTED, REARED, OR PRODUCED ON LAND
 WHERE TROPICAL OR BOREAL  DEFORESTATION  OR  INTACT  FOREST  DEGRADATION
 OCCURRED  ON  OR  AFTER  JANUARY  FIRST,  TWO  THOUSAND  TWENTY-TWO. THE
 CONTRACTOR SHALL AGREE TO COMPLY WITH THIS PROVISION OF THE CONTRACT.
   (II) THE CONTRACT SHALL SPECIFY THAT THE  CONTRACTOR  IS  REQUIRED  TO
 COOPERATE  FULLY  IN  PROVIDING  REASONABLE  ACCESS  TO THE CONTRACTOR'S
 RECORDS,  DOCUMENTS,  AGENTS,  EMPLOYEES,  OR  PREMISES  IF   REASONABLY
 REQUIRED BY AUTHORIZED OFFICIALS OF THE CONTRACTING AGENCY OR AUTHORITY,
 THE  OFFICE OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION, OR  THE  STAKEHOLDER  ADVISORY
 GROUP  ESTABLISHED  IN PARAGRAPH F OF THIS SUBDIVISION, TO DETERMINE THE
 CONTRACTOR'S COMPLIANCE WITH THE REQUIREMENTS UNDER SUBPARAGRAPH (I)  OF
 THIS PARAGRAPH.
   (III)  CONTRACTORS SHALL EXERCISE DUE DILIGENCE IN ENSURING THAT THEIR
 SUBCONTRACTORS COMPLY WITH THE REQUIREMENTS UNDER  SUBPARAGRAPH  (I)  OF
 THIS PARAGRAPH.  CONTRACTORS SHALL REQUIRE EACH SUBCONTRACTOR TO CERTIFY
 THAT THE SUBCONTRACTOR IS IN COMPLIANCE WITH THE REQUIREMENTS OF SUBPAR-
 AGRAPH (I) OF THIS PARAGRAPH.
   (IV)  IN  ADDITION TO THE REQUIREMENTS OF SUBPARAGRAPHS (I), (II), AND
 (III) OF THIS PARAGRAPH, LARGE CONTRACTORS SUBJECT TO  SUBPARAGRAPH  (I)
 OF  THIS  PARAGRAPH  MUST CERTIFY THAT THEY HAVE ADOPTED A FOREST POLICY
 THAT COMPLIES WITH REGULATIONS ISSUED PURSUANT TO SUBPARAGRAPH (VII)  OF
 PARAGRAPH  G  OF  THIS  SUBDIVISION.  THE ADOPTION OF FOREST POLICY BY A
 CONTRACTOR, SUBCONTRACTOR, OR SUPPLIER THAT IS NOT A LARGE CONTRACTOR IS
 NOT REQUIRED BY THIS SUBPARAGRAPH BUT MAY BE USED TO DEMONSTRATE COMPLI-
 ANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH. SUCH FOREST POLICY AND ALL
 CORRESPONDING DATA SHALL BE MADE PUBLICLY AVAILABLE, AND  SHALL  CONTAIN
 AT A MINIMUM ALL OF THE FOLLOWING:
   A.  DUE  DILIGENCE MEASURES TO IDENTIFY THE POINT-OF-ORIGIN OF FOREST-
 RISK COMMODITIES AND ENSURE COMPLIANCE  WITH  THE  POLICY  WHERE  SUPPLY
 CHAIN RISKS ARE PRESENT.
   B.  DATA  DETAILING THE COMPLETE LIST OF DIRECT AND INDIRECT SUPPLIERS
 AND SUPPLY CHAIN TRACEABILITY INFORMATION, INCLUDING  REFINERIES,  PROC-
 ESSING  PLANTS,  FARMS,  AND  PLANTATIONS,  AND THEIR RESPECTIVE OWNERS,
 PARENT  COMPANIES,  AND  FARMERS,  MAPS,  AND  GEO-LOCATIONS,  FOR  EACH
 FOREST-RISK  COMMODITY  FOUND  IN  PRODUCTS THAT MAY BE FURNISHED TO THE
 STATE.
   C. MEASURES TAKEN TO ENSURE THE PRODUCT DOES NOT CONTRIBUTE  TO  TROP-
 ICAL OR BOREAL DEFORESTATION OR INTACT FOREST DEGRADATION, INCLUDING:
   (1)  NO DEVELOPMENT OF TROPICAL OR BOREAL INTACT FORESTS, AND THAT THE
 PRODUCT DOES NOT ORIGINATE FROM A SITE WHERE  COMMODITY  PRODUCTION  HAS
 REPLACED INTACT TROPICAL OR BOREAL FOREST AFTER JANUARY FIRST, TWO THOU-
 SAND TWENTY-TWO;
   (2) NO DEVELOPMENT OF HIGH CARBON STOCK (HCS) FORESTS;
   (3) NO DEVELOPMENT OF HIGH CONSERVATION VALUE (HCV) AREAS;
 S. 5921--A                         10
 
   (4) NO BURNING;
   (5)  EFFORTS  TO ENSURE PROGRESSIVE REDUCTIONS OF GREENHOUSE GAS EMIS-
 SIONS ON EXISTING PLANTATIONS;
   (6) NO DEVELOPMENT ON PEAT, REGARDLESS OF DEPTH;
   (7) BEST MANAGEMENT PRACTICES FOR EXISTING PLANTATIONS ON PEAT; AND
   (8) WHERE FEASIBLE, ACTIVITIES ORIENTED TOWARDS PEAT RESTORATION.
   D. MEASURES TAKEN TO PREVENT EXPLOITATION AND  REDRESS  GRIEVANCES  OF
 WORKERS AND LOCAL COMMUNITIES, INCLUDING:
   (1) RESPECT FOR AND RECOGNITION OF THE RIGHTS OF ALL WORKERS INCLUDING
 CONTRACT, TEMPORARY, AND MIGRANT WORKERS.
   (2) RESPECT FOR AND RECOGNITION OF LAND TENURE RIGHTS OF COMMUNITIES.
   (3) RESPECT FOR THE RIGHTS OF INDIGENOUS AND LOCAL COMMUNITIES TO GIVE
 OR  WITHHOLD  THEIR  FREE,  PRIOR, AND INFORMED CONSENT TO OPERATIONS ON
 LANDS TO WHICH THEY HOLD LEGAL, COMMUNAL, OR CUSTOMARY RIGHTS.
   (4) EXPLICIT POLICIES AND PROCESSES TO PREVENT VIOLENCE, INTIMIDATION,
 AND COERCION OF WORKERS AND LOCAL COMMUNITIES.
   (5) FORMAL, OPEN, TRANSPARENT, AND CONSULTATIVE PROCESSES  TO  ADDRESS
 AND REDRESS ALL COMPLAINTS AND CONFLICTS.
   E.  MEASURES TAKEN TO PROTECT BIODIVERSITY AND PREVENT THE POACHING OF
 ENDANGERED SPECIES IN ALL OPERATIONS AND ADJACENT AREAS.
   F. MEASURES TAKEN TO ENSURE COMPLIANCE  WITH  THE  LAWS  OF  COUNTRIES
 WHERE FOREST-RISK COMMODITIES IN A COMPANY'S SUPPLY CHAIN WERE PRODUCED.
   G.  MEASURES  TO DETER VIOLENCE, THREATS, AND HARASSMENT AGAINST ENVI-
 RONMENTAL HUMAN RIGHTS DEFENDERS (EHRDS), INCLUDING RESPECTING  INTERNA-
 TIONALLY  RECOGNIZED  HUMAN  RIGHTS  STANDARDS, AND EDUCATING EMPLOYEES,
 CONTRACTORS, AND PARTNERS ON THE RIGHTS OF EHRDS TO EXPRESS THEIR VIEWS,
 CONDUCT PEACEFUL PROTESTS, AND CRITICIZE PRACTICES WITHOUT  INTIMIDATION
 OR RETALIATION.
   (V)  THE  PROVISIONS  OF  SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL NOT
 APPLY WHEN THE INCLUSION OR APPLICATION OF SUCH PROVISIONS WILL  VIOLATE
 OR  BE  INCONSISTENT WITH THE TERMS OR CONDITIONS OF A GRANT, SUBVENTION
 OR CONTRACT WITH AN AGENCY OF THE UNITED STATES OR THE  INSTRUCTIONS  OF
 AN AUTHORIZED REPRESENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH
 GRANT, SUBVENTION OR CONTRACT.
   C.  (I)  IF  IT IS DETERMINED THAT ANY CONTRACTOR CONTRACTING WITH THE
 STATE KNEW OR SHOULD HAVE KNOWN THAT A PRODUCT COMPRISED  WHOLLY  OR  IN
 PART  OF A FOREST-RISK COMMODITY WAS FURNISHED TO THE STATE IN VIOLATION
 OF PARAGRAPH B OF THIS SUBDIVISION, THE CONTRACTING AGENCY OR  AUTHORITY
 SHALL ISSUE A WRITTEN NOTICE OF VIOLATION AND PROVIDE AN OPPORTUNITY FOR
 SUCH  CONTRACTOR  TO  COME  INTO  COMPLIANCE.  IF,  AFTER SUCH NOTICE, A
 CONTRACTOR FAILS TO COME INTO COMPLIANCE WITHIN A TIMEFRAME  ESTABLISHED
 BY  THE DEPARTMENT, SUCH CONTRACTOR MAY, SUBJECT TO SUBPARAGRAPH (II) OF
 PARAGRAPH B OF THIS SUBDIVISION, HAVE EITHER OR BOTH  OF  THE  FOLLOWING
 SANCTIONS IMPOSED:
   A.  THE  CONTRACT UNDER WHICH THE PROHIBITED FOREST-RISK COMMODITY WAS
 FURNISHED MAY BE VOIDED AT THE OPTION OF THE STATE AGENCY  OR  AUTHORITY
 TO WHICH THE COMMODITY WAS FURNISHED.
   B.  THE CONTRACTOR MAY BE ASSESSED A PENALTY THAT SHALL BE THE GREATER
 OF ONE THOUSAND DOLLARS OR AN AMOUNT  EQUALING  TWENTY  PERCENT  OF  THE
 VALUE OF THE PRODUCT THAT THE STATE AGENCY OR AUTHORITY DEMONSTRATES WAS
 COMPRISED  WHOLLY OR IN PART OF A FOREST-RISK COMMODITY AND FURNISHED TO
 THE STATE IN VIOLATION OF PARAGRAPH B OF THIS SUBDIVISION. A HEARING  OR
 OPPORTUNITY TO BE HEARD SHALL BE PROVIDED PRIOR TO THE ASSESSMENT OF ANY
 PENALTY.
   (II)  NOTWITHSTANDING SUBPARAGRAPH (I) OF THIS PARAGRAPH, A CONTRACTOR
 THAT HAS COMPLIED WITH THE PROVISIONS OF SUBPARAGRAPH (III) OF PARAGRAPH
 S. 5921--A                         11
 
 B OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO SANCTIONS FOR  VIOLATIONS,
 OF  WHICH  THE CONTRACTOR HAD NO KNOWLEDGE, OF THE REQUIREMENTS OF PARA-
 GRAPH B OF THIS SUBDIVISION THAT WERE COMMITTED SOLELY BY A  SUBCONTRAC-
 TOR.  SANCTIONS DESCRIBED UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH SHALL
 INSTEAD  BE  IMPOSED  AGAINST  THE  SUBCONTRACTOR  THAT  COMMITTED   THE
 VIOLATION.
   D.  (I)  ANY  STATE  AGENCY OR AUTHORITY THAT INVESTIGATES A COMPLAINT
 AGAINST A CONTRACTOR OR SUBCONTRACTOR FOR VIOLATION OF THIS  SUBDIVISION
 MAY  LIMIT  ITS  INVESTIGATION TO EVALUATING THE INFORMATION PROVIDED BY
 THE PERSON OR  ENTITY  SUBMITTING  THE  COMPLAINT  AND  THE  INFORMATION
 PROVIDED BY THE CONTRACTOR OR SUBCONTRACTOR.
   (II)  WHENEVER  A  CONTRACTING  OFFICER  OF  THE CONTRACTING AGENCY OR
 AUTHORITY HAS REASON TO BELIEVE THAT THE  CONTRACTOR  FAILED  TO  COMPLY
 WITH  PARAGRAPH  B  OF  THIS  SUBDIVISION, THE AGENCY OR AUTHORITY SHALL
 REFER THE MATTER FOR INVESTIGATION TO THE HEAD OF THE AGENCY OR AUTHORI-
 TY AND, AS THE HEAD OF THE AGENCY OR AUTHORITY  DETERMINES  APPROPRIATE,
 TO  EITHER  THE  OFFICE  OF GENERAL SERVICES, THE OFFICE OF THE ATTORNEY
 GENERAL, OR THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION.
   E. (I) WHEN A STATE AGENCY OR AUTHORITY'S CONTRACT FOR THE PURCHASE OF
 A COMMODITY OR PRODUCT COVERED BY THIS SUBDIVISION IS TO BE  AWARDED  TO
 THE  LOWEST  RESPONSIBLE  BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO IS A
 SMALL OR MEDIUM-SIZED BUSINESS OR A MINORITY-OWNED OR WOMEN-OWNED  BUSI-
 NESS ENTERPRISE, OR WHO WILL FULFILL THE CONTRACT THROUGH THE USE OF NEW
 YORK  STATE  PRODUCTS,  MAY  BE  GIVEN  PREFERENCE  OVER  OTHER BIDDERS,
 PROVIDED THAT THE COST INCLUDED IN THE BID IS NOT MORE THAN TEN  PERCENT
 GREATER  THAN  THE  COST  INCLUDED  IN A BID THAT IS NOT FROM A SMALL OR
 MEDIUM-SIZED BUSINESS OR A MINORITY-OWNED OR WOMEN-OWNED BUSINESS ENTER-
 PRISE OR FULFILLED THROUGH THE USE OF NEW YORK STATE PRODUCTS.
   (II) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IF THE  HEAD  OF
 THE  CONTRACTING  STATE AGENCY OR AUTHORITY PURCHASING SUCH PRODUCTS, IN
 HIS OR HER SOLE DISCRETION, DETERMINES THAT GIVING PREFERENCE TO BIDDERS
 PURSUANT TO THE PROVISIONS OF THIS PARAGRAPH WOULD BE:
   (A) AGAINST THE PUBLIC INTEREST;
   (B) WOULD INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT;
 OR
   (C) NEW YORK STATE PRODUCTS  CANNOT  BE  OBTAINED  IN  SUFFICIENT  AND
 REASONABLE  AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE
 CONTRACTING STATE AGENCY OR AUTHORITY'S REQUIREMENTS.
   (III) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO CONFLICT WITH OR
 OTHERWISE LIMIT THE GOALS AND REQUIREMENTS  SET  FORTH  BY  SECTION  ONE
 HUNDRED SIXTY-TWO OF THIS ARTICLE AND ARTICLES FIFTEEN-A AND SEVENTEEN-B
 OF THE EXECUTIVE LAW.
   F.  (I)  THE  COMMISSIONER    OF  THE OFFICE OF GENERAL SERVICES SHALL
 CONVENE A STAKEHOLDER ADVISORY GROUP WHICH SHALL  BE  CONSULTED  ON  THE
 CREATION OF REGULATIONS PURSUANT TO PARAGRAPH G OF THIS SUBDIVISION, AND
 SHALL  EXERCISE AN OVERSIGHT ROLE PURSUANT TO PARAGRAPH H OF THIS SUBDI-
 VISION. MEMBERS OF THE ADVISORY GROUP SHALL BE SELECTED BY  THE  COMMIS-
 SIONER AND SHALL CONSIST OF AT LEAST:
   (A)  REPRESENTATIVES OF CURRENT OR FORMER STATE CONTRACTORS DEALING IN
 EACH OF THE FOREST-RISK COMMODITIES SPECIFIED IN  SUBPARAGRAPH  (II)  OF
 PARAGRAPH  A  OF THIS SUBDIVISION, WITH AN EMPHASIS ON SMALL AND MEDIUM-
 SIZED BUSINESSES;
   (B) REPRESENTATIVES FROM CIVIL  SOCIETY  WITH  RELEVANT  EXPERTISE  IN
 SUPPLY  CHAIN  TRACEABILITY,  TROPICAL AND BOREAL FOREST SUSTAINABILITY,
 BIODIVERSITY, CLIMATE SCIENCE, HUMAN AND LABOR  RIGHTS,  AND  INDIGENOUS
 RIGHTS.  MEMBERS  SELECTED PURSUANT TO THIS CLAUSE SHOULD BE OF AT LEAST
 S. 5921--A                         12

 EQUAL NUMBER TO MEMBERS SELECTED PURSUANT TO CLAUSE (A) OF THIS SUBPARA-
 GRAPH; AND
   (C) A MINIMUM OF TWO ADDITIONAL REPRESENTATIVES FROM INDIGENOUS COMMU-
 NITIES  WITHIN  THE  GEOGRAPHIC  AREAS  CONTAINING  TROPICAL  AND BOREAL
 FORESTS COVERED BY THIS SUBDIVISION.
   (II) THE STAKEHOLDER ADVISORY GROUP SHALL SELECT A  CHAIR  FROM  AMONG
 ITS MEMBERS, SUBJECT TO APPROVAL BY A MAJORITY OF MEMBERS.
   (III) MEMBERS OF THE STAKEHOLDER ADVISORY GROUP SHALL RECEIVE NO SALA-
 RY,  BUT  SHALL  BE REIMBURSED BY THE OFFICE OF GENERAL SERVICES FOR ANY
 NECESSARY TRAVEL EXPENSES RELATED TO PARTICIPATING  IN  THE  STAKEHOLDER
 ADVISORY GROUP.
   G.   ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-THREE, THE OFFICE OF
 GENERAL SERVICES SHALL ISSUE REGULATIONS FOR THE IMPLEMENTATION OF  THIS
 SUBDIVISION.  SUCH  REGULATIONS  SHALL BE DEVELOPED IN CONSULTATION WITH
 THE STAKEHOLDER ADVISORY GROUP ESTABLISHED IN PARAGRAPH F OF THIS SUBDI-
 VISION AND THE COMMISSIONER OF THE DEPARTMENT OF  ENVIRONMENTAL  CONSER-
 VATION.    SUCH REGULATIONS SHALL INCLUDE, BUT NOT BE LIMITED TO, ALL OF
 THE FOLLOWING:
   (I) A LIST OF FOREST-RISK COMMODITIES SUBJECT TO THE  REQUIREMENTS  OF
 THIS  SUBDIVISION,  INCLUDING,  BUT NOT LIMITED TO, PALM OIL, SOY, BEEF,
 COFFEE, WOOD PULP, PAPER, LOGS, AND LUMBER. THE LIST SHALL  BE  REVIEWED
 AND  UPDATED  AT  LEAST  EVERY THREE YEARS. WHEN EVALUATING INCLUSION OF
 ADDITIONAL COMMODITIES IN THE LIST, THE COMMISSIONER OF  THE  OFFICE  OF
 GENERAL  SERVICES SHALL CONSIDER THE IMPACT OF THE COMMODITY AS A DRIVER
 OF TROPICAL OR BOREAL DEFORESTATION OR INTACT  FOREST  DEGRADATION,  THE
 STATE OF EXISTING SUPPLY CHAIN TRANSPARENCY AND TRACEABILITY SYSTEMS FOR
 THE  COMMODITY,  AND  THE FEASIBILITY OF INCLUDING THE  COMMODITY IN THE
 REQUIREMENTS OF PARAGRAPH B OF THIS SUBDIVISION. THE FIRST REVIEW  SHALL
 INCLUDE,  BUT NOT BE LIMITED TO EVALUATION OF COCOA, RUBBER, LEATHER AND
 OTHER CATTLE-DERIVED PRODUCTS.
   (II) A LIST OF PRODUCTS DERIVED WHOLLY OR  IN  PART  FROM  FOREST-RISK
 COMMODITIES.
   (III)  A  LIST  OF  PRODUCTS  FURNISHED  TO THE STATE OR USED BY STATE
 CONTRACTORS IN HIGH-VOLUME PURCHASES THAT CONTAIN OR ARE COMPRISED WHOL-
 LY OR IN PART OF FOREST-RISK COMMODITIES.
   (IV) A SET OF RESPONSIBLE SOURCING  GUIDELINES  AND  POLICIES  DERIVED
 FROM BEST PRACTICES IN SUPPLY CHAIN TRANSPARENCY TO THE POINT-OF-ORIGIN.
   (V)  GUIDANCE TO ASSIST CONTRACTORS IN IDENTIFYING FOREST-RISK COMMOD-
 ITIES IN THEIR SUPPLY CHAIN, PERFORMING NECESSARY DUE DILIGENCE TO  MEET
 THE  REQUIREMENTS OF THIS SUBDIVISION, AND CERTIFYING THAT THE COMMODITY
 DID NOT CONTRIBUTE TO TROPICAL OR BOREAL DEFORESTATION OR INTACT  FOREST
 DEGRADATION.
   (VI)  A  LIST  OF  FAVORED  SUPPLIERS  OF  FOREST-RISK COMMODITIES AND
 PRODUCTS DERIVED  THEREFROM  WHOSE PRODUCTS HAVE BEEN DETERMINED TO MEET
 THE REQUIREMENTS OF THIS SUBDIVISION.
   (VII) THE FULL SET OF REQUIREMENTS FOR  A  LARGE  CONTRACTOR'S  FOREST
 POLICY PURSUANT TO SUBPARAGRAPH (IV) OF PARAGRAPH B OF THIS SUBDIVISION.
   (VIII)  THE  PROCESS  THROUGH  WHICH  CONTRACTORS SHALL CERTIFY TO THE
 OFFICE OF GENERAL SERVICES THAT THEY ARE IN COMPLIANCE WITH PARAGRAPH  B
 OF THIS SUBDIVISION.
   (IX)  A  PROCESS  FOR ENSURING THAT DETAILS OF CERTIFIED CONTRACTS ARE
 MADE AVAILABLE FOR PUBLIC INSPECTION ON THE WEBSITE  OF  THE  OFFICE  OF
 GENERAL SERVICES.
   (X)  AN  EASILY  ACCESSIBLE PROCEDURE TO RECEIVE PUBLIC COMPLAINTS AND
 INFORMATION REGARDING VIOLATIONS OF THIS SUBDIVISION.
 S. 5921--A                         13

   H. (I) AT ANY TIME AFTER JANUARY FIRST, TWO THOUSAND TWENTY-FOUR,  BUT
 NO LESS FREQUENTLY THAN EVERY SIX MONTHS THEREAFTER, THE COMMISSIONER OF
 THE  OFFICE OF GENERAL SERVICES SHALL SUBMIT TO THE STAKEHOLDER ADVISORY
 GROUP ESTABLISHED IN PARAGRAPH F OF THIS SUBDIVISION THE DETAILS OF  ALL
 CONTRACTS  CERTIFIED  UNDER  THIS  SUBDIVISION. THE STAKEHOLDER ADVISORY
 GROUP SHALL ASSESS THE COMPLIANCE OF ALL OR A REPRESENTATIVE  SUBSET  OF
 ALL  CONTRACTS WITH THE REQUIREMENTS OF THIS SUBDIVISION. FOLLOWING SUCH
 ASSESSMENT, AND SUBJECT TO APPROVAL BY A MAJORITY OF MEMBERS, THE STAKE-
 HOLDER ADVISORY GROUP MAY:
   A. MAKE RECOMMENDATIONS TO THE COMMISSIONER OF THE OFFICE  OF  GENERAL
 SERVICES REGARDING CHANGES TO THE REGULATIONS IMPLEMENTING THIS SUBDIVI-
 SION.
   B.  MAKE  RECOMMENDATIONS TO THE COMMISSIONER OF THE OFFICE OF GENERAL
 SERVICES, THE OFFICE OF THE ATTORNEY GENERAL, THE OFFICE  OF  THE  STATE
 COMPTROLLER, OR A CONTRACTING AGENCY OR AUTHORITY REGARDING DEFICIENCIES
 IN  CONTRACT  CERTIFICATIONS,  VIOLATIONS  OF  THIS  SUBDIVISION, AND/OR
 ENFORCEMENT ACTIONS.
   (II) ALL WORK PRODUCTS PRODUCED PURSUANT TO SUBPARAGRAPH (I)  OF  THIS
 PARAGRAPH  SHALL  BE  MADE AVAILABLE TO THE PUBLIC ON THE WEBSITE OF THE
 OFFICE OF GENERAL SERVICES.
   I. (I) NOT LATER THAN  JUNE  FIRST,  TWO  THOUSAND  TWENTY-THREE,  THE
 DEPARTMENT  OF  ENVIRONMENTAL  CONSERVATION,  IN  CONSULTATION  WITH THE
 COMMISSIONER OF THE OFFICE OF GENERAL SERVICES, SHALL COMPLETE  A  STUDY
 TO  DETERMINE  WHETHER OR NOT THE REQUIREMENTS OF THIS SUBDIVISION SHALL
 APPLY TO FOREST-RISK COMMODITIES ORIGINATING IN BOREAL FORESTS.
   (II) IN COMPLETING SUCH STUDY, THE DEPARTMENT OF ENVIRONMENTAL CONSER-
 VATION SHALL CONSULT WITH INDIVIDUALS, INCLUDING ACADEMICS  AND  EXPERTS
 FROM NONGOVERNMENTAL ORGANIZATIONS, HAVING EXPERTISE IN FOREST SUSTAINA-
 BILITY, BIODIVERSITY, AND CLIMATE SCIENCE, AS WELL AS REPRESENTATIVES OF
 INDIGENOUS  COMMUNITIES LOCATED WITHIN BOREAL REGIONS, AND HOLD AT LEAST
 ONE PUBLIC HEARING, AND MAY BASE STUDY FINDINGS ON EXISTING LITERATURE.
   (III) SUCH STUDY SHALL EXAMINE, BUT NOT BE LIMITED TO,  THE  FOLLOWING
 CONSIDERATIONS:
   A. THE SHORT- AND LONG-TERM IMPACT ON GREENHOUSE GAS EMISSIONS, BIODI-
 VERSITY,  ECOSYSTEM  FUNCTION,  AND  CLIMATE RESILIENCE, OF CLEARCUTTING
 INTACT BOREAL FORESTS.
   B. THE DIFFERENTIAL IMPACT ON GREENHOUSE GAS EMISSIONS,  BIODIVERSITY,
 ECOSYSTEM FUNCTION, AND CLIMATE RESILIENCE OF CLEARCUTTING INTACT BOREAL
 FOREST VERSUS PREVIOUSLY LOGGED OR SECOND-GROWTH FOREST, WITHIN 30-YEAR,
 50-YEAR, AND 100-YEAR TIMEFRAMES.
   C.  THE DIFFERENTIAL IMPACT ON GREENHOUSE GAS EMISSIONS, BIODIVERSITY,
 ECOSYSTEM FUNCTION, AND CLIMATE RESILIENCE OF CLEARCUTTING INTACT BOREAL
 FOREST VERSUS NO INDUSTRIAL FORESTRY ACTIVITY, WITHIN 30-YEAR,  50-YEAR,
 AND 100-YEAR TIMEFRAMES.
   D.  THE  ACTUAL  CARBON  STORAGE  CAPACITY  OF  VARIOUS HARVESTED WOOD
 PRODUCTS, AND THE PERCENTAGE OF LOGGED BOREAL BIOMASS  IN  EACH  OF  THE
 BOREAL  COUNTRIES  (RUSSIA,  CANADA, THE UNITED STATES, FINLAND, SWEDEN,
 NORWAY, ICELAND, CHINA, JAPAN)  THAT  ENDS  UP  IN  LONG-LASTING  VERSUS
 SHORT-TERM CONSUMABLE END USES.
   E.  THE  EFFECTIVENESS  OF EXISTING AVAILABLE CERTIFICATION SCHEMES IN
 USE IN EACH OF THE BOREAL COUNTRIES  IN  ENSURING  COMPLIANCE  WITH  THE
 GOALS OF THIS SUBDIVISION.
   F.  AN  INDEPENDENT ASSESSMENT OF THE CURRENT GREENHOUSE GAS FOOTPRINT
 OF THE FOREST PRODUCTS INDUSTRY IN EACH OF THE BOREAL COUNTRIES.
 S. 5921--A                         14
 
   G. AN INDEPENDENT ASSESSMENT  OF  WHETHER  CURRENT  FOREST  MANAGEMENT
 POLICIES  IN  EACH OF THE BOREAL COUNTRIES ARE SUFFICIENT TO PREVENT THE
 FORESTRY INDUSTRY'S ROLE IN THE DECLINE OF AT-RISK SPECIES.
   H.  THE  EFFECTIVENESS  OF THE FORESTRY POLICIES OF EACH OF THE BOREAL
 COUNTRIES IN ENSURING THE FREE, PRIOR, AND INFORMED CONSENT  OF  INDIGE-
 NOUS PEOPLES AFFECTED BY INDUSTRIAL LOGGING WITHIN THE BOREAL FOREST.
   I. THE EFFECTIVENESS OF REPLANTING PRACTICES IN RESTORING THE ORIGINAL
 ECOLOGICAL  BENEFITS  OF  INTACT BOREAL FOREST THAT HAS BEEN LOGGED, AND
 THE TIMESCALE FOR RESTORING THESE BENEFITS.
   (IV) THE REQUIREMENTS OF THIS SUBDIVISION SHALL APPLY TO  ALL  FOREST-
 RISK  COMMODITIES  UNLESS THE COMMISSIONER OF THE DEPARTMENT OF ENVIRON-
 MENTAL CONSERVATION AND  THE  COMMISSIONER  OF  THE  OFFICE  OF  GENERAL
 SERVICES  HAVE,  NOT  LATER  THAN JUNE FIRST, TWO THOUSAND TWENTY-THREE,
 JOINTLY DESIGNATED THE PROVISIONS OF THIS ACT  INAPPLICABLE  TO  FOREST-
 RISK  COMMODITIES  ORIGINATING IN BOREAL FORESTS BASED ON THE RESULTS OF
 THE STUDY PROVIDED FOR IN THIS PARAGRAPH.
   J. (I) THE CERTIFICATION REQUIREMENTS SET FORTH  IN  THIS  SUBDIVISION
 SHALL  NOT APPLY TO A CREDIT CARD PURCHASE OF GOODS OF TWO THOUSAND FIVE
 HUNDRED DOLLARS OR LESS.
   (II) THE TOTAL AMOUNT OF GOODS EXEMPTED PURSUANT TO  SUBPARAGRAPH  (I)
 OF  THIS  PARAGRAPH SHALL NOT EXCEED SEVEN THOUSAND FIVE HUNDRED DOLLARS
 PER YEAR FOR EACH CONTRACTOR FROM WHICH A STATE AGENCY OR  AUTHORITY  IS
 PURCHASING  GOODS BY CREDIT CARD. IT SHALL BE THE RESPONSIBILITY OF EACH
 STATE AGENCY TO MONITOR THE USE OF THIS EXEMPTION AND  ADHERE  TO  THESE
 RESTRICTIONS ON THESE PURCHASES.
   K.  THIS  SUBDIVISION  SHALL  APPLY  TO  ALL  CONTRACTS  ENTERED INTO,
 EXTENDED, OR RENEWED ON OR AFTER JANUARY  FIRST,  TWO  THOUSAND  TWENTY-
 FOUR.
   L.  COMMENCING  TWO YEARS AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION
 AND BIENNIALLY THEREAFTER, THE COMMISSIONER OF  THE  OFFICE  OF  GENERAL
 SERVICES  SHALL  ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESIDENT
 OF THE SENATE, AND THE SPEAKER OF THE ASSEMBLY, ON THE IMPLEMENTATION OF
 THIS SUBDIVISION AND SUBDIVISIONS ONE AND TWO OF THIS SECTION.
   § 6. This act shall take effect immediately and  shall  apply  to  all
 contracts  and binding contractual obligations entered into on and after
 such effective date.