S. 4859--A 2
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.
4. 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.
5. 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.
6. 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.
7. 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 conservationists and land defenders.
8. Tropical deforestation in many countries is also closely associated
with illegal wildlife trafficking, including, but not limited to, vari-
ous bird and reptile species, and many primate species, including great
apes, pangolins, and orangutans, as well as many tree and plant species,
including mahoganies, rosewoods, ebony, and ipe, all of which have
recently been listed on the Convention of International Trade in Endan-
gered Species of Fauna and Flora (CITES).
9. The primary factors leading to tropical deforestation are 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, paper, palm oil, soy, and livestock industries, among
others. Together, these are increasingly known as "forest-risk commod-
ities".
10. New York is inadvertently promoting and sanctioning deforestation
and primary forest degradation through the purchase of goods and
products that have been produced in supply chains that contribute to
tropical deforestation and tropical primary forest degradation.
11. 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.
12. 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 deforestation or tropical primary 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
S. 4859--A 3
PRUNUS AFRICANA AFRICAN CHERRY, RED STINKWOOD
CARYOCAR COSTARICENSE AJO, AJI
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
[Guibourtis] 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
S. 4859--A 4
[Virola spp.] [Banak]
Anisoptera thurifera Bella [Rose] ROSA
[Guibourtis] 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, MACASSAR
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
S. 4859--A 5
HYMENAEA COURBARIL JATOBA, "BRAZILIAN CHERRY"
JACARANDA COPAIA JACARANDA
MACHAERIUM VILLOSUM JACARANDA PARDO
DYERA COSTULATA JELUTONG
DRYOBALANOPS SPP. KAPUR, KELADAN
KOOMPASSIA MALACCENSIS KEMPAS, IMPAS
Acacia koa Koa
[Entandrophragm a] ENTANDROPHRAGMA CKOSIPO,IOMU
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]
S. 4859--A 6
MILLETTIA STUHLMANNII PANGA PANGA
BALFOURODENDRON RIEDELIANUM PAU MARFIM
Aspidosperma spp. Peroba, ROSA
PARATECOMA PEROBA PEROBA BRANCA
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
[Entandrophragm a] 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, TROPICAL 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) TROPICAL FORESTS IDENTIFIED BY MULTI-OB-
JECTIVE 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 TROPICAL PEATLANDS OF ANY DEPTH.
"TROPICAL FORESTS" SHALL NOT INCLUDE TREE PLANTATIONS OF ANY TYPE.
d. "Tropical HARDWOOD products" shall mean any wood products, whole-
sale or retail, in any form, including but not limited to PLYWOOD,
veneer, furniture, cabinets, paneling, SIDING, moldings, DOORS, doors-
S. 4859--A 7
kins, joinery, 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.
F. "TROPICAL PEATLANDS" MEANS WETLANDS WITH A LAYER OF PEAT MADE UP OF
DEAD AND DECAYING PLANT MATERIAL. TROPICAL PEATLANDS INCLUDES MOORS,
BOGS, MIRES, AND PEAT SWAMP FORESTS.
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. Paragraphs b and d of subdivision 2 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. 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].
d. The provisions of paragraph c of this subdivision shall not apply:
(i) To bid packages advertised and made available to the public or any
competitive and sealed bids received or entered into prior to August
twenty-fifth, nineteen hundred ninety-one; or
(ii) To any amendment, modification or renewal of a contract, which
contract was entered into prior to August twenty-fifth, nineteen hundred
ninety-one, where such application would delay timely completion of a
project or involve an increase in the total monies to be paid under that
contract; or
(iii) Where the contracting officer finds that[:
(A) No person or entity doing business in the state is capable of
performing the contract using acceptable non-tropical hardwood species;
or
(B) The] 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[; or
S. 4859--A 8
(C) The use of tropical woods is deemed necessary for purposes of
historical restoration and there exists no available acceptable non-
tropical wood species].
§ 5. Section 165 of the state finance law is amended by adding a new
subdivision 9 to read as follows:
9. TROPICAL DEFORESTATION-FREE PROCUREMENT. A. FOR PURPOSES OF THIS
SUBDIVISION, 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) "TROPICAL FOREST-RISK COMMODITY" MEANS ANY COMMODITY AND ITS
DERIVED PRODUCTS, INCLUDING AGRICULTURAL AND NON-AGRICULTURAL COMMOD-
ITIES BUT EXCLUDING TROPICAL HARDWOOD AND TROPICAL HARDWOOD PRODUCTS
COVERED BY SUBDIVISIONS 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 DEFORESTATION OR
TROPICAL PRIMARY FOREST DEGRADATION HAS OCCURRED OR IS LIKELY TO OCCUR.
TROPICAL FOREST-RISK COMMODITIES INCLUDE PALM OIL, SOY, BEEF, COFFEE,
COCOA, WOOD PULP, PAPER 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 RECOVERED
FIBER.
(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
S. 4859--A 9
MANUFACTURERS, MERCHANTS, WHOLESALERS, DEALERS, PRINTERS, CONVERTERS,
AND OTHERS.
(VII) "TREE PLANTATION" MEANS AN AREA OF LAND PREDOMINANTLY COMPOSED
OF TREES ESTABLISHED THROUGH PLANTING AND/OR DELIBERATE SEEDING, USUALLY
BY PLANTING ONE OR TWO SPECIES, FOR THE PURPOSE OF PRODUCING AND
HARVESTING A PARTICULAR COMMODITY. TREE PLANTATION DOES NOT INCLUDE
FOREST PLANTED FOR ECOSYSTEM RESTORATION.
(VIII) "TROPICAL DEFORESTATION" MEANS DIRECT HUMAN-INDUCED CONVERSION
OF TROPICAL FOREST TO AGRICULTURE, A TREE PLANTATION, OR OTHER NON-FOR-
EST LAND USE.
(IX) "TROPICAL PRIMARY FOREST DEGRADATION" MEANS DIRECT HUMAN-INDUCED
SEVERE AND SUSTAINED DEGRADATION OF A TROPICAL FOREST RESULTING IN
SIGNIFICANT PRIMARY FOREST LOSS AND/OR A PROFOUND CHANGE IN SPECIES
COMPOSITION, STRUCTURE, OR ECOLOGICAL FUNCTION OF THAT FOREST.
(X) "PRIMARY FOREST" MEANS A FOREST THAT HAS NEVER BEEN INDUSTRIALLY
LOGGED OR HARVESTED AND HAS DEVELOPED FOLLOWING NATURAL DISTURBANCES AND
UNDER NATURAL PROCESSES, REGARDLESS OF ITS AGE. PRIMARY FORESTS INCLUDE
FORESTS THAT HAVE EXPERIENCED NON-INDUSTRIAL-SCALE HUMAN IMPACTS,
INCLUDING TRADITIONAL OR SUBSISTENCE ACTIVITIES CARRIED OUT BY INDIGE-
NOUS COMMUNITIES.
(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.
(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
TROPICAL 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 DEFORESTATION OR TROPICAL PRIMARY FOREST DEGRADATION
OCCURRED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE. 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, OR
THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION, TO DETERMINE THE CONTRAC-
TOR'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)
S. 4859--A 10
OF THIS PARAGRAPH MUST CERTIFY THAT THEY HAVE ADOPTED A TROPICAL FOREST
POLICY THAT COMPLIES WITH REGULATIONS ISSUED PURSUANT TO SUBPARAGRAPH
(VII) OF PARAGRAPH G OF THIS SUBDIVISION. THE ADOPTION OF A TROPICAL
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 COMPLIANCE WITH SUBPARAGRAPH (I) OF THIS PARAGRAPH. SUCH
TROPICAL 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 TROPICAL
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 TROP-
ICAL 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 DEFORESTATION OR TROPICAL PRIMARY FOREST DEGRADATION, INCLUDING:
(1) NO DEVELOPMENT IN TROPICAL PRIMARY FORESTS, AND THAT THE PRODUCT
DOES NOT ORIGINATE FROM A SITE WHERE COMMODITY PRODUCTION HAS REPLACED
TROPICAL PRIMARY FORESTS AFTER JANUARY FIRST, TWO THOUSAND TWENTY-THREE;
(2) NO DEVELOPMENT OF HIGH CARBON STOCK (HCS) FORESTS;
(3) NO DEVELOPMENT OF HIGH CONSERVATION VALUE (HCV) AREAS;
(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 TROPICAL 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 TO PRIMARY, SECONDARY, OR TERTIARY PACKAGING USED FOR THE PURPOSE
S. 4859--A 11
OF CONTAINMENT, PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION,
OR PRESENTATION OF A COVERED PRODUCT.
(VI) 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 TROPICAL 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 SUBPARA-
GRAPH (II) OF PARAGRAPH B OF THIS SUBDIVISION, HAVE EITHER OR BOTH OF
THE FOLLOWING SANCTIONS IMPOSED:
A. THE CONTRACT UNDER WHICH THE PROHIBITED TROPICAL 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 TROPICAL 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
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 OR WOMEN-OWNED BUSINESS
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
S. 4859--A 12
BUSINESS OR A MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE 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.
MEMBERS OF THE ADVISORY GROUP SHALL BE SELECTED BY THE COMMISSIONER AND
SHALL CONSIST OF AT LEAST:
(A) REPRESENTATIVES OF CURRENT OR FORMER STATE CONTRACTORS DEALING IN
EACH OF THE TROPICAL 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 FOREST SUSTAINABILITY, BIODIVERSITY,
CLIMATE SCIENCE, HUMAN AND LABOR RIGHTS, AND INDIGENOUS RIGHTS. MEMBERS
SELECTED PURSUANT TO THIS CLAUSE SHOULD BE OF AT LEAST EQUAL NUMBER TO
MEMBERS SELECTED PURSUANT TO CLAUSE (A) OF THIS SUBPARAGRAPH; AND
(C) A MINIMUM OF TWO ADDITIONAL REPRESENTATIVES FROM INDIGENOUS COMMU-
NITIES WITHIN THE GEOGRAPHIC AREAS CONTAINING TROPICAL FORESTS COVERED
BY THIS SUBDIVISION.
(II) 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-FOUR, 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 TROPICAL FOREST-RISK COMMODITIES SUBJECT TO THE REQUIRE-
MENTS OF THIS SUBDIVISION, INCLUDING, BUT NOT LIMITED TO, PALM OIL, SOY,
BEEF, COFFEE, COCOA, WOOD PULP AND PAPER. THE LIST SHALL BE REVIEWED AND
UPDATED AT LEAST EVERY THREE YEARS. WHEN EVALUATING INCLUSION OF ADDI-
TIONAL COMMODITIES IN THE LIST, THE COMMISSIONER OF THE OFFICE OF GENER-
AL SERVICES SHALL CONSIDER THE IMPACT OF THE COMMODITY AS A DRIVER OF
TROPICAL DEFORESTATION OR TROPICAL PRIMARY 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 RUBBER, BANANAS, CORN,
SUGARCANE, LEATHER AND OTHER CATTLE-DERIVED PRODUCTS, AND MINING
S. 4859--A 13
PRODUCTS INCLUDING PETROLEUM, COAL, IRON, COPPER, GOLD, TIN, DIAMONDS,
MANGANESE, BAUXITE AND NICKEL. FOLLOWING A REVIEW OF THE LIST OF TROP-
ICAL FOREST-RISK COMMODITIES, THE COMMISSIONER SHALL ISSUE A REPORT TO
THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF
THE ASSEMBLY, OUTLINING THE REASONS FOR THE INCLUSION OR NON-INCLUSION
OF ANY REVIEWED COMMODITIES.
(II) A LIST OF PRODUCTS DERIVED WHOLLY OR IN PART FROM TROPICAL
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 TROPICAL 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 TROPICAL FOREST-RISK
COMMODITIES 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 DEFORESTATION OR TROPICAL
PRIMARY FOREST DEGRADATION.
(VI) A LIST OF FAVORED SUPPLIERS OF TROPICAL FOREST-RISK COMMODITIES
AND PRODUCTS DERIVED THEREFROM WHOSE PRODUCTS HAVE BEEN DETERMINED TO
MEET THE REQUIREMENTS OF THIS SUBDIVISION, AND A PROCESS THROUGH WHICH
SUPPLIERS MAY APPLY FOR INCLUSION ON SUCH LIST.
(VII) THE FULL SET OF REQUIREMENTS FOR A LARGE CONTRACTOR'S TROPICAL
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.
H. (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.
I. THIS SUBDIVISION SHALL APPLY TO ALL CONTRACTS ENTERED INTO,
EXTENDED, OR RENEWED ON OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
FIVE.
J. 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. The economic development law is amended by adding a new article
27 to read as follows:
ARTICLE 27
SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM
SECTION 490. DEFINITIONS.
491. THE SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM.
S. 4859--A 14
§ 490. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE:
1. "SMALL BUSINESS" MEANS A SMALL BUSINESS AS DEFINED IN SECTION ONE
HUNDRED THIRTY-ONE OF THIS CHAPTER.
2. "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.
3. "ELIGIBLE BUSINESS" SHALL MEAN ANY SMALL AND MEDIUM-SIZED BUSINESS
AS DEFINED IN THIS ARTICLE, AND ANY MINORITY OR WOMEN-OWNED BUSINESS
ENTERPRISE AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
4. "SUPPLY CHAIN" SHALL MEAN A SYSTEM OF EXTRACTION, PRODUCTION,
TRANSPORTATION, AND DISTRIBUTION INVOLVING MULTIPLE PROCESSES, ORGANIZA-
TIONS, INDIVIDUALS, AND RESOURCES, BEGINNING WITH RAW MATERIALS AND
CULMINATING IN THE DELIVERY OF A PRODUCT OR SERVICE TO A CONSUMER.
§ 491. THE SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM. 1. THE
DEPARTMENT IS HEREBY AUTHORIZED AND DIRECTED, WITHIN ONE YEAR OF THE
EFFECTIVE DATE OF THIS ARTICLE, TO ESTABLISH, DEVELOP, IMPLEMENT, AND
MAINTAIN, WITHIN AVAILABLE APPROPRIATIONS, A SUPPLY CHAIN TRANSPARENCY
ASSISTANCE PROGRAM TO ASSIST SMALL AND MEDIUM-SIZED BUSINESSES AND
MINORITY AND WOMEN-OWNED BUSINESSES IN ACHIEVING SUPPLY CHAINS THAT ARE:
(A) TRANSPARENT, MEANING A SUPPLY CHAIN FOR WHICH SUFFICIENT INFORMA-
TION HAS BEEN DISCLOSED REGARDING ALL RELEVANT UNITS OF PRODUCTION FROM
THE RAW MATERIAL STAGE TO THE DELIVERY OF A PRODUCT OR SERVICE TO A
CONSUMER, INCLUDING, BUT NOT LIMITED TO, EXTRACTION SITES, SUPPLIERS,
MANUFACTURERS, TRANSPORTERS, WHOLESALERS, AND RETAILERS, TO ALLOW
CONSUMERS TO DETERMINE WHETHER THE SUPPLY CHAIN IS ETHICAL AND SUSTAINA-
BLE.
(B) TRACEABLE, MEANING A SUPPLY CHAIN FOR WHICH DISTRIBUTORS, RETAIL-
ERS, AND OTHER BUSINESSES DOWN THE SUPPLY CHAIN ARE ABLE TO GATHER
SUFFICIENT AND RELEVANT INFORMATION REGARDING ALL UNITS OF PRODUCTION
FURTHER UP THE SUPPLY CHAIN TO DETERMINE WHETHER A SUPPLY CHAIN IS
ETHICAL AND SUSTAINABLE.
(C) ETHICAL, MEANING A SUPPLY CHAIN THAT UPHOLDS THE HUMAN RIGHTS AND
ALL OTHER LEGAL RIGHTS, SUPPORTS THE WELL-BEING, AND PREVENTS THE
EXPLOITATION, OF WORKERS AND COMMUNITIES, AND GUARANTEES THE FREE,
PRIOR, AND INFORMED CONSENT, LAND, AND OTHER LEGAL RIGHTS OF AFFECTED
INDIGENOUS PEOPLES AND OTHER LOCAL AND TRADITIONAL COMMUNITIES.
(D) SUSTAINABLE, MEANING A SUPPLY CHAIN THAT TAKES ALL NECESSARY MEAS-
URES TO AVOID, MINIMIZE, AND REDUCE DEGRADATION OF NATURAL ENVIRONMENTAL
SYSTEMS, AND MAXIMIZES EFFORTS TO CONTRIBUTE TO THE RESTORATION AND
REGENERATION OF IMPACTED ECOSYSTEMS.
2. THE PURPOSE OF SUCH PROGRAM SHALL BE TO:
(A) DEVELOP AND SHARE BEST PRACTICES AND PROVIDE TECHNICAL ASSISTANCE
TO HELP PARTICIPATING ELIGIBLE BUSINESSES DEVELOP AND IMPLEMENT STAND-
ARDS, PLANS, AND BENCHMARKS FOR TRANSPARENCY AND TRACEABILITY, ENVIRON-
MENTAL SUSTAINABILITY, AND ETHICAL PRACTICES THROUGHOUT THEIR SUPPLY
CHAINS.
(B) ASSIST PARTICIPATING ELIGIBLE BUSINESSES WITH COMPLIANCE WITH
SUPPLY CHAIN RELATED REGULATIONS, PROCUREMENT STANDARDS, OR CONTRACTING
REQUIREMENTS.
(C) IDENTIFY FUNDING STREAMS, GRANT MONIES, FINANCIAL ASSISTANCE AND
OTHER RESOURCES THAT MAY BE AVAILABLE TO HELP PARTICIPATING ELIGIBLE
BUSINESSES ACHIEVE TRANSPARENT, TRACEABLE, ETHICAL, AND SUSTAINABLE
SUPPLY CHAINS.
(D) HELP PARTICIPATING ELIGIBLE BUSINESSES WITH MARKETING, COMMUNI-
CATION, AND OTHER ACTIVITIES TO ACHIEVE MAXIMUM COMPETITIVE ADVANTAGE
S. 4859--A 15
FROM THEIR TRANSPARENT, TRACEABLE, ETHICAL, AND SUSTAINABLE SUPPLY
CHAINS.
(E) CONDUCT MARKET ANALYSIS TO IDENTIFY OPPORTUNITIES FOR PARTICIPAT-
ING ELIGIBLE BUSINESSES TO ACCESS NEW MARKETS AND INCREASE COMPETITIVE-
NESS THROUGH ACHIEVING TRANSPARENT, TRACEABLE, ETHICAL, AND SUSTAINABLE
SUPPLY CHAINS.
(F) CONDUCT OUTREACH TO PROMOTE AWARENESS OF THE PROGRAM AMONG ELIGI-
BLE BUSINESSES, BUSINESS ORGANIZATIONS, AND REGIONAL AND LOCAL ECONOMIC
DEVELOPMENT AGENCIES.
§ 7. This act shall take effect immediately and shall apply to all
contracts and binding contractual obligations entered into on and after
such effective date.
