S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7203
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                               April 3, 2025
                                ___________
 
 Introduced  by  Sens.  KRUEGER,  COONEY,  MAY, BRISPORT, CLEARE, COMRIE,
   FERNANDEZ,  GONZALEZ,  HARCKHAM,  HINCHEY,   HOYLMAN-SIGAL,   JACKSON,
   KAVANAGH,  SALAZAR,  SANDERS,  SEPULVEDA,  SERRANO, SKOUFIS, STAVISKY,
   WEBB -- read twice and ordered printed, and when printed to be commit-
   ted to the Committee on Procurement and Contracts

 AN ACT to amend the state finance law, in relation to enacting the trop-
   ical rainforest economic & environmental sustainability  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 "tropical
 rainforest economic & environmental sustainability 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-
 tion according to the Food and Agriculture Organization  of  the  United
 Nations, with over one-half of Earth's tropical forests already gone. At
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08526-03-5
 S. 7203                             2
              

 
 the  current  pace, the entirety of Earth's tropical rainforests will be
 degraded or destroyed within the next 100 years.
   4.  A  significant  percentage 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  miti-
 gation 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.  However, our statutory goals miss an important element of
 our climate footprint represented by our exported emissions,  the  emis-
 sions  created  by  the  goods we consume. A significant portion of this
 footprint is driven by tropical deforestation.
   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  forest  degradation through the purchase of goods and products that
 have been produced in supply chains that contribute to tropical defores-
 tation and tropical 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 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.  (I) "Tropical hardwood" shall mean any and all hardwood, scientif-
 ically classified as angiosperm, that  grows  in  any  tropical  [moist]
 forest.  Tropical hardwoods shall [be] INCLUDE BUT NOT BE LIMITED TO the
 following species:
      Scientific Name                     EXAMPLES OF Common [Name]
 S. 7203                             3
 
                                          NAMES
      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
 S. 7203                             4
 
      OCHROMA PYRAMIDALE                  BALSA
      MYROXYLON BALSAMUM                  BALSAMO
      [Virola spp.]                       [Banak]
      [Anisoptera thurifera]              [Bella Rose]
      [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
 S. 7203                             5
 
      Chlorophors excelsa                 Iroko
      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
      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,
                                          BELLA ROSA
      MORA EXCELSA                        MORA
      Distemonanthus benthamianus         Movingui, AYAN
      TERMINALIA AMAZONIA                 NARGUSTA
      PTEROCARPUS SPP.                    NARRA, AMBYNA, PAPUA NEW GUINEA
                                          ROSEWOOD, RED SANDERS, MUKULA,
                                          KOSSO, ZITAN, HONGMU, PANDAUK,
                                          VERMILLION WOOD
      PALAQUIUM SPP.                      NYATOH, PADANG, PENCIL CEDAR
      TRIPLOCHITON SCLEROXYLON            OBECHE, SAMBA
      NAUCLEA DIDERRICHII                 OPEPE, SIBO
 S. 7203                             6

      [Pterocarpus soyauxii]              [African Padauk]
      [Pterocarpus angolensis]            [Angola Padauk]
      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
 
   (II)  NO  LATER  THAN  JANUARY FIRST, TWO THOUSAND TWENTY-NINE, AND AT
 LEAST EVERY THREE YEARS  THEREAFTER,  THE  DEPARTMENT  OF  ENVIRONMENTAL
 CONSERVATION, IN CONSULTATION WITH THE OFFICE OF GENERAL SERVICES, SHALL
 THROUGH  REGULATIONS  UPDATE  THE  LIST  OF TROPICAL HARDWOOD SPECIES IN
 SUBPARAGRAPH (I) OF THIS PARAGRAPH TO ENSURE THAT SUCH LIST INCLUDES ALL
 SUCH SPECIES THAT ARE CURRENTLY COMMONLY AVAILABLE FOR COMMERCIAL USE IN
 THE UNITED STATES, REFLECTING  THE  MOST  CURRENT  DATA  ON  PRODUCTION,
 TRADE,  AND  MARKETING,  AND  TO  ACCOUNT  FOR  ANY CHANGES IN TAXONOMY,
 MARKETING OR TRADE NAMES, MARKET PREFERENCE, USAGE,  OR  OTHER  FACTORS.
 SPECIES  SHALL  NOT  BE  REMOVED  FROM  THE  LIST OF EXAMPLES EXCEPT FOR
 PURPOSES OF CORRECTING ERRORS.
   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
 S. 7203                             7
 
 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-
 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  WITHIN  THE  TROPICAL  REGIONS
 WITH  A LAYER OF PEAT MADE UP OF DEAD AND DECAYING PLANT MATERIAL. TROP-
 ICAL 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 a, b, c, 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  and  four  new  paragraphs  e,  f, g and h are added to read as
 follows:
   a. Except as hereinafter provided,  the  state  and  any  governmental
 agency  or  political  subdivision  or public benefit corporation of the
 state shall not purchase or obtain for any purpose  any  tropical  hard-
 woods  or  tropical hardwood products, wholesale or retail, in any form,
 UNLESS SUCH TROPICAL HARDWOODS OR TROPICAL HARDWOOD PRODUCTS ARE SECOND-
 ARY MATERIALS.
   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
 S. 7203                             8

   (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].
   c.  (i)  In  the case of any bid proposal or solicitation, request for
 bid or proposal or contract for the construction  of  any  public  work,
 building  maintenance  or  improvement for or on behalf of the state and
 any governmental agency  or  political  subdivision  or  public  benefit
 corporation  of the state, it shall not require or permit the use of any
 tropical hardwood or [wood] TROPICAL HARDWOOD product, UNLESS SUCH TROP-
 ICAL HARDWOOD OR TROPICAL HARDWOOD PRODUCT IS A SECONDARY MATERIAL.
   (ii) Every bid proposal, solicitation, request for bid or proposal and
 contract for the construction of any public work,  building  maintenance
 or improvement shall contain a statement that any bid, proposal or other
 response  to  a solicitation for bid or proposal which proposes or calls
 for the use of any tropical hardwood or [wood] TROPICAL HARDWOOD product
 in performance of the contract shall be  deemed  non-responsive,  UNLESS
 SUCH TROPICAL HARDWOOD OR TROPICAL HARDWOOD PRODUCT IS A SECONDARY MATE-
 RIAL.
   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
   (C)  The  use  of  tropical  woods is deemed necessary for purposes of
 historical restoration and there exists  no  available  acceptable  non-
 tropical wood species].
   E.  THE  USE  OF ANY TROPICAL HARDWOOD OR TROPICAL HARDWOOD PRODUCT AS
 PART OF THE CONSTRUCTION, RENOVATION, MAINTENANCE,  OR  INSTALLATION  OF
 ANY  PUBLIC  WORK,  BUILDING OR OTHER STRUCTURE, OR IMPROVEMENT ON LANDS
 OWNED OR MANAGED BY THE STATE OR ANY GOVERNMENTAL  AGENCY  OR  POLITICAL
 SUBDIVISION  OR PUBLIC BENEFIT CORPORATION OF THE STATE SHALL BE PROHIB-
 ITED, EXCEPT WHERE SUCH PROHIBITION WOULD  VIOLATE  OR  BE  INCONSISTENT
 WITH THE TERMS AND CONDITIONS OF A GRANT, SUBVENTION OR CONTRACT WITH AN
 AGENCY  OF THE UNITED STATES OR THE INSTRUCTIONS OF AN AUTHORIZED REPRE-
 SENTATIVE OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION,
 OR CONTRACT.
   F. (I) UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-ONE, THE PROVISIONS OF
 PARAGRAPHS A, C, AND E OF THIS SUBDIVISION SHALL NOT APPLY TO THE USE OF
 EKKI WOOD BY THE METROPOLITAN TRANSPORTATION AUTHORITY FOR  THE  PURPOSE
 OF  RAILROAD TIES IN THE NEW YORK CITY TRANSIT SYSTEM, PROVIDED THAT THE
 METROPOLITAN TRANSPORTATION  AUTHORITY  SHALL,  NO  LATER  THAN  OCTOBER
 FIRST,  TWO  THOUSAND TWENTY-SIX, AFTER PROVIDING NOTICE AND AN OPPORTU-
 NITY FOR PUBLIC COMMENT, DEVELOP  AND  ISSUE  AN  EKKI  TRANSITION  PLAN
 S. 7203                             9
 
 OUTLINING  THE STEPS THE AUTHORITY WILL TAKE TO MINIMIZE TO THE GREATEST
 EXTENT POSSIBLE, AND EVENTUALLY PHASE OUT, THE USE  OF  EKKI  WOOD,  AND
 PROVIDED  FURTHER  THAT  UNTIL  SUCH  PHASE OUT HAS BEEN COMPLETED, SUCH
 AGENCY  SHALL USE, TO THE GREATEST EXTENT POSSIBLE, ONLY SECONDARY MATE-
 RIALS WHEN THE USE OF EKKI WOOD IS SPECIFIED AND UNAVOIDABLE.  SUCH PLAN
 SHALL BE MADE PUBLICLY AVAILABLE ON THE AUTHORITY'S  WEBSITE.  NO  LATER
 THAN  OCTOBER  FIRST, TWO THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER
 UNTIL THE EXPIRATION OF THIS PARAGRAPH,  THE  AUTHORITY  SHALL  ISSUE  A
 PUBLIC REPORT OUTLINING ITS PROGRESS TOWARD ACHIEVING SUCH PLAN.
   (II) IF, ON OR AFTER APRIL FIRST, TWO THOUSAND THIRTY, THE DIRECTOR OF
 THE  BUDGET ISSUES A DETERMINATION, AFTER PROVIDING NOTICE AND AN OPPOR-
 TUNITY FOR PUBLIC COMMENT,  THAT  THE  AUTHORITY  HAS  MADE  SIGNIFICANT
 PROGRESS  IN PHASING OUT THE USE OF EKKI WOOD, BUT THAT A FULL PHASE OUT
 HAS  BEEN  DELAYED  DUE  TO  TECHNICAL  OR  SAFETY  CONSIDERATIONS,  THE
 PROVISIONS  OF  SUBPARAGRAPH (I) OF THIS PARAGRAPH MAY BE EXTENDED UNTIL
 DECEMBER THIRTY-FIRST OF THE SUBSEQUENT CALENDAR YEAR.    SUCH  DETERMI-
 NATION  MAY  BE  MADE  ANNUALLY  THEREAFTER,  ON OR AFTER APRIL FIRST OF
 SUBSEQUENT  YEARS,  PROVIDED  THAT  UNDER  NO  CIRCUMSTANCES  SHALL  THE
 PROVISIONS  OF  THIS PARAGRAPH EXTEND BEYOND JANUARY FIRST, TWO THOUSAND
 THIRTY-SIX.
   G. (I) UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-FOUR,  THE  PROVISIONS
 OF PARAGRAPHS A, C, AND E OF THIS SUBDIVISION SHALL NOT APPLY TO THE USE
 OF  GREENHEART WOOD BY A FERRY SERVICE DIRECTLY OWNED AND OPERATED BY AN
 AGENCY OF A CITY OF ONE MILLION  OR  MORE,  PROVIDED  THAT  SUCH  AGENCY
 SHALL,  NO  LATER  THAN  OCTOBER  FIRST,  TWO THOUSAND TWENTY-SIX, AFTER
 PROVIDING NOTICE AND AN OPPORTUNITY  FOR  PUBLIC  COMMENT,  DEVELOP  AND
 ISSUE  A GREENHEART TRANSITION PLAN OUTLINING THE STEPS SUCH AGENCY WILL
 TAKE TO MINIMIZE TO THE GREATEST EXTENT POSSIBLE, AND  EVENTUALLY  PHASE
 OUT,  THE  USE  OF GREENHEART WOOD, AND PROVIDED FURTHER THAT UNTIL SUCH
 PHASE OUT HAS BEEN COMPLETED, SUCH AGENCY SHALL  USE,  TO  THE  GREATEST
 EXTENT  POSSIBLE,  ONLY  SECONDARY  MATERIALS WHEN THE USE OF GREENHEART
 WOOD IS SPECIFIED AND UNAVOIDABLE. SUCH  PLAN  SHALL  BE  MADE  PUBLICLY
 AVAILABLE  ON  THE  AGENCY'S  WEBSITE.  NO LATER THAN OCTOBER FIRST, TWO
 THOUSAND TWENTY-SEVEN, AND ANNUALLY THEREAFTER UNTIL THE  EXPIRATION  OF
 THIS  PARAGRAPH,  THE  AGENCY  SHALL ISSUE A PUBLIC REPORT OUTLINING ITS
 PROGRESS TOWARD ACHIEVING SUCH PLAN.
   (II) IF, ON OR AFTER  APRIL  FIRST,  TWO  THOUSAND  THIRTY-THREE,  THE
 DIRECTOR  OF  THE  BUDGET ISSUES A DETERMINATION, AFTER PROVIDING NOTICE
 AND AN OPPORTUNITY FOR PUBLIC COMMENT, THAT SUCH AGENCY HAS MADE SIGNIF-
 ICANT PROGRESS IN PHASING OUT THE USE OF GREENHEART  WOOD,  BUT  THAT  A
 FULL  PHASE  OUT  HAS  BEEN DELAYED DUE TO TECHNICAL OR SAFETY CONSIDER-
 ATIONS, THE PROVISIONS OF SUBPARAGRAPH (I)  OF  THIS  PARAGRAPH  MAY  BE
 EXTENDED  UNTIL  DECEMBER  THIRTY-FIRST OF THE SUBSEQUENT CALENDAR YEAR.
 SUCH DETERMINATION MAY BE MADE ANNUALLY THEREAFTER, ON  OR  AFTER  APRIL
 FIRST  OF  SUBSEQUENT  YEARS, PROVIDED THAT UNDER NO CIRCUMSTANCES SHALL
 THE PROVISIONS OF THIS PARAGRAPH EXTEND BEYOND JANUARY FIRST, TWO  THOU-
 SAND THIRTY-NINE.
   H.  (I)  UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-FOUR, THE PROVISIONS
 OF PARAGRAPHS A, C, AND E OF THIS SUBDIVISION SHALL NOT APPLY TO THE USE
 OF GREENHEART WOOD ON BRIDGES MANAGED BY THE DEPARTMENT  OF  TRANSPORTA-
 TION  OF  A  CITY  OF ONE MILLION OR MORE, PROVIDED THAT SUCH DEPARTMENT
 SHALL, NO LATER THAN  OCTOBER  FIRST,  TWO  THOUSAND  TWENTY-SIX,  AFTER
 PROVIDING  NOTICE  AND  AN  OPPORTUNITY  FOR PUBLIC COMMENT, DEVELOP AND
 ISSUE A GREENHEART TRANSITION PLAN OUTLINING THE STEPS  SUCH  DEPARTMENT
 WILL  TAKE  TO  MINIMIZE TO THE GREATEST EXTENT POSSIBLE, AND EVENTUALLY
 PHASE OUT, THE USE OF GREENHEART WOOD, AND PROVIDED FURTHER  THAT  UNTIL
 S. 7203                            10
 
 SUCH  PHASE  OUT  HAS  BEEN COMPLETED, SUCH DEPARTMENT SHALL USE, TO THE
 GREATEST EXTENT POSSIBLE, ONLY  SECONDARY  MATERIALS  WHEN  THE  USE  OF
 GREENHEART  WOOD  IS  SPECIFIED AND UNAVOIDABLE. SUCH PLAN SHALL BE MADE
 PUBLICLY  AVAILABLE  ON  THE DEPARTMENT'S WEBSITE. NO LATER THAN OCTOBER
 FIRST, TWO THOUSAND TWENTY-SEVEN,  AND  ANNUALLY  THEREAFTER  UNTIL  THE
 EXPIRATION OF THIS PARAGRAPH, THE DEPARTMENT SHALL ISSUE A PUBLIC REPORT
 OUTLINING ITS PROGRESS TOWARD ACHIEVING SUCH PLAN.
   (II)  IF,  ON  OR  AFTER  APRIL  FIRST, TWO THOUSAND THIRTY-THREE, THE
 DIRECTOR OF THE BUDGET ISSUES A DETERMINATION,  AFTER  PROVIDING  NOTICE
 AND  AN  OPPORTUNITY  FOR  PUBLIC COMMENT, THAT SUCH DEPARTMENT HAS MADE
 SIGNIFICANT PROGRESS IN PHASING OUT THE USE OF GREENHEART WOOD, BUT THAT
 A FULL PHASE OUT HAS BEEN DELAYED DUE TO TECHNICAL OR  SAFETY  CONSIDER-
 ATIONS,  THE  PROVISIONS  OF  SUBPARAGRAPH  (I) OF THIS PARAGRAPH MAY BE
 EXTENDED UNTIL DECEMBER THIRTY-FIRST OF THE  SUBSEQUENT  CALENDAR  YEAR.
 SUCH  DETERMINATION  MAY  BE MADE ANNUALLY THEREAFTER, ON OR AFTER APRIL
 FIRST OF SUBSEQUENT YEARS, PROVIDED THAT UNDER  NO  CIRCUMSTANCES  SHALL
 THE  PROVISIONS OF THIS PARAGRAPH EXTEND BEYOND JANUARY FIRST, TWO THOU-
 SAND THIRTY-NINE.
   § 5. Section 165 of the state finance law is amended by adding  a  new
 subdivision 10 to read as follows:
   10.  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 FOREST DEGRADATION HAS OCCURRED OR IS LIKELY TO OCCUR. TROPICAL
 FOREST-RISK  COMMODITIES  INCLUDE  PALM  OIL,  BEEF, COFFEE, COCOA, WOOD
 PULP, PAPER AND ANY ADDITIONAL COMMODITIES DEFINED BY  THE  COMMISSIONER
 PURSUANT  TO SUBPARAGRAPH (I) OF PARAGRAPH G OF THIS SUBDIVISION, BUT DO
 NOT INCLUDE RECOVERED FIBER.
   (III) "COVERED TROPICAL FOREST-RISK PRODUCT TYPE"  MEANS  ANY  PRODUCT
 TYPE  LISTED BY THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO
 SUBPARAGRAPH (II) OF PARAGRAPH G OF THIS SUBDIVISION.
   (IV) "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.
   (V) "LARGE CONTRACTOR" MEANS ANY CONTRACTOR WHOSE ANNUAL  REVENUE,  OR
 THAT  OF  THEIR  PARENT COMPANY, IS EQUAL TO OR GREATER THAN ONE HUNDRED
 MILLION DOLLARS.
 S. 7203                            11
 
   (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) "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  FOREST DEGRADATION" MEANS DIRECT HUMAN-INDUCED SEVERE
 AND SUSTAINED DEGRADATION OF A TROPICAL FOREST RESULTING IN  SIGNIFICANT
 FOREST  LOSS AND/OR A PROFOUND CHANGE IN SPECIES COMPOSITION, STRUCTURE,
 OR ECOLOGICAL FUNCTION OF THAT FOREST.
   (X)  "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.
   (XI)  "SMALL  BUSINESS" MEANS SMALL BUSINESS AS DEFINED IN SECTION ONE
 HUNDRED THIRTY-ONE OF THE ECONOMIC DEVELOPMENT LAW.
   (XII) "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.
   (XIII) "MINORITY-OWNED BUSINESS ENTERPRISE" SHALL HAVE THE SAME  MEAN-
 ING AS IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
   (XIV) "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 COVERED TROPICAL FOREST-RISK PRODUCT
 TYPE SHALL REQUIRE THAT THE CONTRACTOR CERTIFY, AFTER COMPLETING  NECES-
 SARY  DUE  DILIGENCE  MEASURES  AS DETERMINED BY THE COMMISSIONER OF THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION PURSUANT TO PARAGRAPH G OF THIS
 SUBDIVISION, THAT, TO  THE  BEST  OF  THE  CONTRACTOR'S  KNOWLEDGE,  THE
 PRODUCTS  FURNISHED TO THE STATE PURSUANT TO THE CONTRACT DO NOT CONTAIN
 ANY TROPICAL FOREST-RISK COMMODITIES THAT WERE  EXTRACTED  FROM,  GROWN,
 DERIVED,  HARVESTED, REARED, OR PRODUCED ON LAND WHERE TROPICAL DEFORES-
 TATION OR TROPICAL 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,
 S. 7203                            12
 
 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 OF THIS PARAGRAPH.
   (III)  CONTRACTORS SHALL EXERCISE DUE DILIGENCE IN ENSURING THAT THEIR
 SUBCONTRACTORS COMPLY WITH THE REQUIREMENTS OF THIS PARAGRAPH.  CONTRAC-
 TORS SHALL REQUIRE EACH SUBCONTRACTOR TO CERTIFY THAT THE  SUBCONTRACTOR
 IS IN COMPLIANCE WITH THE REQUIREMENTS OF THIS PARAGRAPH.
   (IV)  IN  ADDITION  TO THE REQUIREMENTS OF SUBPARAGRAPHS (I), (II) AND
 (III) OF THIS PARAGRAPH, LARGE CONTRACTORS  SUBJECT  TO  THIS  PARAGRAPH
 MUST  CERTIFY  THAT  THEY  HAVE  ADOPTED  A  TROPICAL FOREST POLICY THAT
 COMPLIES WITH REGULATIONS ISSUED PURSUANT TO SUBPARAGRAPH (VI) OF  PARA-
 GRAPH G OF THIS SUBDIVISION.  SUCH TROPICAL FOREST POLICY AND DATA DOCU-
 MENTING  IMPLEMENTATION  SHALL  BE  MADE  PUBLICLY AVAILABLE AND UPDATED
 ANNUALLY, AND SHALL INCLUDE, AT A MINIMUM:
   A. PROCEDURES FOR IDENTIFYING AND  MITIGATING  THE  RISK  OF  TROPICAL
 DEFORESTATION  AND  TROPICAL  FOREST DEGRADATION IN TROPICAL FOREST-RISK
 COMMODITY SUPPLY CHAINS.
   B. PROCEDURES TO ENSURE RESPECT  FOR  NATIONALLY  AND  INTERNATIONALLY
 RECOGNIZED RIGHTS OF INDIGENOUS PEOPLES AND LOCAL COMMUNITIES, INCLUDING
 THE PRINCIPLE OF FREE, PRIOR AND INFORMED CONSENT, THE RIGHTS AND SAFETY
 OF  LOCAL  ENVIRONMENTAL AND HUMAN RIGHTS DEFENDERS, THE RIGHTS OF WORK-
 ERS, AND COMPLIANCE WITH SOURCE COUNTRY LAWS,  IN  TROPICAL  FOREST-RISK
 COMMODITY SUPPLY CHAINS.
   (V)  THE  PROVISIONS  OF  THIS  PARAGRAPH  SHALL NOT APPLY TO PRIMARY,
 SECONDARY, OR TERTIARY PACKAGING USED FOR THE  PURPOSE  OF  CONTAINMENT,
 PROTECTION, HANDLING, DELIVERY, TRANSPORT, DISTRIBUTION, OR PRESENTATION
 OF A COVERED TROPICAL FOREST-RISK PRODUCT TYPE.
   (VI)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY WHEN THE INCLU-
 SION 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  REPRE-
 SENTATIVE  OF ANY SUCH AGENCY WITH RESPECT TO ANY SUCH GRANT, SUBVENTION
 OR CONTRACT.
   (VII) THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY IF THE HEAD  OF
 THE  CONTRACTING  STATE  AGENCY  OR AUTHORITY ISSUING A SOLICITATION FOR
 COVERED TROPICAL FOREST-RISK PRODUCT TYPES ISSUES A DETERMINATION, AFTER
 PROVIDING NOTICE  AND  AN  OPPORTUNITY  FOR  PUBLIC  COMMENT,  WITH  THE
 APPROVAL  OF  THE  DIRECTOR OF THE BUDGET, THAT UPON THE CLOSING OF SUCH
 SOLICITATION SUCH PROVISIONS HAVE RESULTED IN THE FAILURE TO RECEIVE ANY
 OFFERS IN RESPONSE TO SUCH SOLICITATION AND THAT THERE IS NO ALTERNATIVE
 PRODUCT AVAILABLE THAT IS ABLE TO MEET THE GENERALLY  ACCEPTED  STANDARD
 PERFORMANCE  REQUIREMENTS  FOR  THE  SPECIFIED  APPLICATION  WITHIN SUCH
 SOLICITATION. SUCH DETERMINATION SHALL EXPLAIN IN DETAIL  THE  NECESSITY
 OF  SUCH  EXEMPTION  FOR EACH SPECIFIED APPLICATION, INCLUDING A LIST OF
 ALL AVAILABLE ALTERNATIVE PRODUCTS CONSIDERED AND AN EXPLANATION  AS  TO
 WHY  EACH PRODUCT DOES NOT MEET THE RELEVANT GENERALLY ACCEPTED PERFORM-
 ANCE REQUIREMENTS. SUCH DETERMINATION SHALL BE MADE PUBLICLY  AVAILABLE,
 IN  WRITING,  ON  THE  WEBSITE OF THE OFFICE OF GENERAL SERVICES AND THE
 RELEVANT AGENCY OR AUTHORITY. IF THE HEAD OF THE CONTRACTING STATE AGEN-
 CY OR AUTHORITY HAS NOT ISSUED SUCH A DETERMINATION  FOR  THREE  CONSEC-
 UTIVE  YEARS, THEN THE POWER OF THE HEAD OF THE CONTRACTING STATE AGENCY
 OR AUTHORITY TO ISSUE SUCH A DETERMINATION SHALL BE DEEMED EXPIRED,  AND
 ANY SUBSEQUENT DETERMINATION SHALL BE NULL AND VOID.
   (VIII)  THE PROVISIONS OF THIS PARAGRAPH SHALL NOT APPLY TO A CENTRAL-
 IZED CONTRACT DEVELOPED BY THE OFFICE OF GENERAL SERVICES IF, DURING THE
 PROCESS OF DEVELOPING SUCH CENTRALIZED  CONTRACT,  THE  COMMISSIONER  OF
 S. 7203                            13
 
 GENERAL  SERVICES  ISSUES A DETERMINATION, AFTER PROVIDING NOTICE AND AN
 OPPORTUNITY FOR PUBLIC COMMENT, WITH THE APPROVAL OF THE DIRECTOR OF THE
 BUDGET, THAT INCORPORATING THE PROVISIONS OF THIS PARAGRAPH WILL  RESULT
 IN  A FAILURE TO RECEIVE ANY BIDS IN RESPONSE TO A SOLICITATION FOR SUCH
 CENTRALIZED CONTRACT, AND THAT THERE IS NO ALTERNATIVE PRODUCT AVAILABLE
 THAT IS  ABLE  TO  MEET  THE  GENERALLY  ACCEPTED  STANDARD  PERFORMANCE
 REQUIREMENTS  FOR  THE  SPECIFIED APPLICATION WITHIN SUCH CONTRACT. SUCH
 DETERMINATION SHALL EXPLAIN IN DETAIL THE NECESSITY  OF  SUCH  EXEMPTION
 FOR EACH SPECIFIED APPLICATION, INCLUDING A LIST OF ALL AVAILABLE ALTER-
 NATIVE  PRODUCTS  CONSIDERED  AND  AN EXPLANATION AS TO WHY EACH PRODUCT
 DOES NOT MEET THE RELEVANT GENERALLY ACCEPTED PERFORMANCE  REQUIREMENTS.
 SUCH  DETERMINATION SHALL BE MADE PUBLICLY AVAILABLE, IN WRITING, ON THE
 WEBSITE OF THE OFFICE OF GENERAL SERVICES. IF SUCH  A  DETERMINATION  IS
 ISSUED  IN REGARDS TO A CENTRALIZED CONTRACT, SUCH CONTRACT SHALL HAVE A
 TERM OF NO MORE THAN THREE YEARS.
   (IX) UNTIL JANUARY FIRST, TWO THOUSAND THIRTY-TWO, THE  PROVISIONS  OF
 THIS  PARAGRAPH SHALL ONLY APPLY TO CONTRACTS WITH A TOTAL VALUE GREATER
 THAN OR EQUAL TO ONE MILLION DOLLARS, OR  TO  CONTRACTORS  WHOSE  ANNUAL
 REVENUE,  OR  THAT  OF THEIR PARENT COMPANY, IS GREATER THAN OR EQUAL TO
 TEN MILLION DOLLARS.
   C. (I) IF IT IS DETERMINED THAT ANY CONTRACTOR  CONTRACTING  WITH  THE
 STATE  KNEW OR SHOULD HAVE KNOWN THAT A COVERED FOREST-RISK PRODUCT TYPE
 WAS FURNISHED TO  THE  STATE  IN  VIOLATION  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  COMMISSIONER  OF  THE
 DEPARTMENT  OF  ENVIRONMENTAL CONSERVATION, SUCH CONTRACTOR MAY, SUBJECT
 TO SUBPARAGRAPH (II) OF THIS PARAGRAPH,  HAVE  EITHER  OR  BOTH  OF  THE
 FOLLOWING SANCTIONS IMPOSED:
   A.  THE  CONTRACT  UNDER WHICH THE VIOLATION OCCURRED MAY BE VOIDED AT
 THE OPTION OF THE CONTRACTING AGENCY OR AUTHORITY.
   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
 FURNISHED IN VIOLATION 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 THIS
 SUBDIVISION THAT WERE COMMITTED SOLELY  BY  A  SUBCONTRACTOR.  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 THE ATTORNEY GENERAL OR THE DEPARTMENT OF  ENVI-
 RONMENTAL CONSERVATION.
 S. 7203                            14
 
   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
 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
 SUCH HEAD OF SUCH STATE AGENCY'S SOLE DISCRETION, DETERMINES THAT GIVING
 PREFERENCE TO BIDDERS PURSUANT  TO  THE  PROVISIONS  OF  THIS  PARAGRAPH
 WOULD:
   (A) BE AGAINST THE PUBLIC INTEREST;
   (B) 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, ARTICLE FIFTEEN-A  OF  THE  EXECUTIVE
 LAW, OR ARTICLE THREE OF THE VETERANS' SERVICES LAW.
   F. PRIOR TO ISSUING REGULATIONS PURSUANT TO PARAGRAPH G OF THIS SUBDI-
 VISION, THE COMMISSIONER OF THE DEPARTMENT OF ENVIRONMENTAL CONSERVATION
 SHALL  CONVENE  FOUR  MEETINGS WITH RELEVANT STAKEHOLDERS, INCLUDING BUT
 NOT LIMITED TO:
   (I) REPRESENTATIVES OF CURRENT OR FORMER STATE CONTRACTORS DEALING  IN
 PRODUCTS  CONTAINING EACH OF THE TROPICAL FOREST-RISK COMMODITIES SPECI-
 FIED IN SUBPARAGRAPH (II) OF PARAGRAPH A OF THIS  SUBDIVISION,  WITH  AN
 EMPHASIS ON SMALL AND MEDIUM-SIZED BUSINESSES;
   (II) REPRESENTATIVES NOT AFFILIATED WITH COVERED INDUSTRIES WITH RELE-
 VANT  EXPERTISE  IN SUPPLY CHAIN TRACEABILITY, TROPICAL FOREST SUSTAINA-
 BILITY, BIODIVERSITY, CLIMATE  SCIENCE,  HUMAN  AND  LABOR  RIGHTS,  AND
 INDIGENOUS RIGHTS; AND
   (III) REPRESENTATIVES FROM INDIGENOUS COMMUNITIES WITHIN THE GEOGRAPH-
 IC AREAS CONTAINING TROPICAL FORESTS COVERED BY THIS SUBDIVISION.
   G. ON OR BEFORE JULY FIRST, TWO THOUSAND TWENTY-SEVEN, THE COMMISSION-
 ER  OF  THE  DEPARTMENT  OF ENVIRONMENTAL CONSERVATION SHALL ADOPT REGU-
 LATIONS FOR THE IMPLEMENTATION OF  THIS  SUBDIVISION.  SUCH  REGULATIONS
 SHALL  BE  DEVELOPED IN CONSULTATION WITH THE COMMISSIONER OF THE OFFICE
 OF GENERAL SERVICES. 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,
 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 DEPARTMENT OF
 ENVIRONMENTAL CONSERVATION SHALL CONSIDER THE IMPACT OF THE COMMODITY AS
 A DRIVER OF TROPICAL DEFORESTATION OR TROPICAL FOREST  DEGRADATION,  THE
 STATE OF EXISTING SUPPLY CHAIN TRANSPARENCY AND TRACEABILITY SYSTEMS FOR
 THE COMMODITY, THE VOLUME OR QUANTITY OF PRODUCTS COMPRISED WHOLLY OR IN
 PART  OF THE COMMODITY THAT ARE REGULARLY PURCHASED BY STATE AGENCIES OR
 AUTHORITIES, AND THE FEASIBILITY OF INCLUDING  THE    COMMODITY  IN  THE
 REQUIREMENTS  OF  THIS  SUBDIVISION. THE FIRST REVIEW SHALL INCLUDE, BUT
 S. 7203                            15
 
 NOT BE LIMITED TO, EVALUATION OF SOY, RUBBER, BANANAS, AVOCADOS,  SUGAR-
 CANE,  LEATHER  AND  OTHER CATTLE-DERIVED PRODUCTS, AND MINING PRODUCTS.
 FOLLOWING A REVIEW OF THE LIST OF TROPICAL FOREST-RISK COMMODITIES,  THE
 COMMISSIONER  SHALL ISSUE A REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT 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 COVERED TROPICAL FOREST-RISK PRODUCT TYPES COMPRISED
 WHOLLY OR IN PART OF TROPICAL FOREST-RISK COMMODITIES.  SUCH LIST  SHALL
 BE UPDATED NO LESS FREQUENTLY THAN EVERY THREE YEARS. IN DEVELOPING SUCH
 LIST, THE DEPARTMENT SHALL CONSIDER:
   A.  THE  STATE  OF EXISTING SUPPLY CHAIN TRACEABILITY AND TRANSPARENCY
 SYSTEMS FOR THE PRODUCT TYPE.
   B. THE VOLUME, QUANTITY, OR MONETARY VALUE OF SUCH PRODUCT TYPE  REGU-
 LARLY  PROCURED BY STATE AGENCIES OR AUTHORITIES, WITH PRIORITY GIVEN TO
 PRODUCT TYPES PROCURED IN HIGH VOLUMES OR QUANTITIES OR WITH HIGH  MONE-
 TARY VALUE.
   C.  THE  RELATIVE  COMPLEXITY  OF IDENTIFYING THE PRESENCE OF TROPICAL
 FOREST-RISK COMMODITIES IN THE PRODUCT TYPE.
   D. THE PROPORTION OF THE PRODUCT TYPE COMPRISED  OF  TROPICAL  FOREST-
 RISK COMMODITIES.
   E.  THE AVAILABILITY OF SUBSTITUTE PRODUCTS PRODUCED USING COMMODITIES
 SOURCED FROM NEW YORK STATE OR WITHIN THE UNITED STATES.
   F. MAXIMIZING THE DEFORESTATION-REDUCTION IMPACT OF THE POLICY  ESTAB-
 LISHED  PURSUANT  TO  THIS SUBDIVISION WHILE LIMITING THE ADMINISTRATIVE
 BURDEN  OF  IMPLEMENTATION,  INCLUDING  CONSIDERATION  OF  A   PHASED-IN
 APPROACH  TO  IMPLEMENTATION WITH THE GOAL OF COVERING ALL PRODUCT TYPES
 REGULARLY PROCURED BY STATE AGENCIES OR AUTHORITIES CONTAINING MORE THAN
 DE MINIMUS AMOUNTS OF TROPICAL FOREST-RISK COMMODITIES OR THEIR  DERIVA-
 TIVES  NO  LATER  THAN  JANUARY FIRST, TWO THOUSAND THIRTY-TWO. FOR FOOD
 PRODUCTS, MORE THAN DE MINIMUS AMOUNTS SHALL INCLUDE  COMPONENTS  LISTED
 AS AN INGREDIENT.
   (III)  SPECIFIC  SUPPLY CHAIN DUE DILIGENCE MEASURES BASED ON INTERNA-
 TIONAL BEST PRACTICES THAT CONTRACTORS MUST PERFORM  BEFORE  MAKING  THE
 CERTIFICATION  REQUIRED BY THIS SUBDIVISION.  FOR ANY PRODUCTS COMPRISED
 WHOLLY  OR  IN  PART  OF  TROPICAL  FOREST-RISK  COMMODITIES  THAT  WERE
 EXTRACTED  FROM,  GROWN,  HARVESTED,  OR  REARED ON LAND IN A COUNTRY OR
 COUNTRIES THAT DO NOT CONTAIN TROPICAL FORESTS, A CONTRACTOR SHALL  ONLY
 BE  REQUIRED  TO  DEMONSTRATE  THAT  SUCH COMMODITIES ORIGINATED IN SUCH
 COUNTRY OR COUNTRIES. IF INFORMATION, DOCUMENTS, AND DATA THAT MEET  THE
 REQUIREMENTS  OF THE DUE DILIGENCE MEASURES ESTABLISHED PURSUANT TO THIS
 SUBPARAGRAPH HAVE BEEN PRODUCED BY A SUPPLIER FROM WHOM  THE  CONTRACTOR
 HAS  BEEN  SUPPLIED  COVERED  PRODUCTS,  AND  HAVE  BEEN PROVIDED TO THE
 CONTRACTOR OR MADE PUBLICLY AVAILABLE, SUCH INFORMATION, DOCUMENTS,  AND
 DATA MAY CONSTITUTE SUFFICIENT DUE DILIGENCE ON THE PART OF THE CONTRAC-
 TOR TO COMPLY WITH THIS PARAGRAPH.
   (IV)  A  PROCESS FOR DEVELOPING, WITH AN OPPORTUNITY FOR PUBLIC INPUT,
 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.  SUCH LIST SHALL BE MADE
 PUBLICLY AVAILABLE NO LATER THAN  ONE  HUNDRED  EIGHTY  DAYS  AFTER  THE
 ADOPTION OF REGULATIONS PURSUANT TO THIS PARAGRAPH, AND SHALL BE UPDATED
 NOT LESS THAN ANNUALLY.
   (V)  THE  FULL  SET  OF REQUIREMENTS FOR A LARGE CONTRACTOR'S TROPICAL
 FOREST POLICY PURSUANT TO SUBPARAGRAPH  (IV)  OF  PARAGRAPH  B  OF  THIS
 SUBDIVISION.
 S. 7203                            16
 
   (VI)  THE  PROCESS  THROUGH  WHICH  CONTRACTORS  SHALL  CERTIFY TO THE
 DEPARTMENT OF ENVIRONMENTAL CONSERVATION THAT  THEY  ARE  IN  COMPLIANCE
 WITH PARAGRAPH B OF THIS SUBDIVISION.
   (VII)  A  PROCESS FOR ENSURING THAT DETAILS OF CERTIFICATIONS ARE MADE
 AVAILABLE FOR PUBLIC INSPECTION ON THE  WEBSITE  OF  THE  DEPARTMENT  OF
 ENVIRONMENTAL CONSERVATION.
   (VIII) AN EASILY ACCESSIBLE PROCEDURE TO RECEIVE PUBLIC COMPLAINTS AND
 INFORMATION REGARDING VIOLATIONS OF THIS SUBDIVISION.
   H.  THE CERTIFICATION REQUIREMENTS SET FORTH IN THIS SUBDIVISION SHALL
 NOT APPLY TO A CREDIT CARD PURCHASE OF GOODS OF FIFTEEN THOUSAND DOLLARS
 OR LESS.
   I. THIS  SUBDIVISION  SHALL  APPLY  TO  ALL  CONTRACTS  ENTERED  INTO,
 EXTENDED,  OR  RENEWED  ON  OR AFTER JANUARY FIRST, TWO THOUSAND TWENTY-
 EIGHT.
   J. COMMENCING TWO YEARS AFTER THE EFFECTIVE DATE OF  THIS  SUBDIVISION
 AND  BIENNIALLY  THEREAFTER, THE COMMISSIONER OF THE DEPARTMENT OF ENVI-
 RONMENTAL CONSERVATION SHALL ISSUE A REPORT TO THE GOVERNOR, THE  TEMPO-
 RARY  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
 28 to read as follows:
                                ARTICLE 28
               SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM
 SECTION 500. DEFINITIONS.
         501. THE SUPPLY CHAIN TRANSPARENCY ASSISTANCE PROGRAM.
   § 500. 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.
   § 501. 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
 S. 7203                            17
 
 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
 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 on the ninetieth day after it shall
 have become a law and shall apply to all contracts and binding  contrac-
 tual obligations entered into on and after such effective date.