S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4859--A
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 16, 2023
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  COONEY,  MAY,  BRESLIN,  BRISPORT, CHU,
   CLEARE, COMRIE, FERNANDEZ, HARCKHAM, HINCHEY, HOYLMAN-SIGAL,  JACKSON,
   SALAZAR,  SANDERS, SEPULVEDA, SERRANO, SKOUFIS, STAVISKY -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Procurement and Contracts -- reported favorably from said committee
   and committed to the Committee on  Finance  --  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  tropical  deforestation-free  procurement  act; and to amend the
   economic development law, in relation to establishing the supply chain
   transparency assistance program
 
   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
 tropical 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. 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 Intergovernmental  Science-Policy  Platform  on
 Biodiversity  and  Ecosystem  Services  reported  in  2019 that around 1
 million animal and plant species are  now  threatened  with  extinction,
 many  within  decades,  more  than ever before in human history. This is
 directly linked to habitat loss, with more than a third of  the  world's
 land  surface  and nearly 75 percent of freshwater resources now devoted
 to crop or livestock production.
   3. 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-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07504-04-3
              

 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.