S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2101

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. KAVANAGH, COLTON, CAHILL, SCHIMEL, JAFFEE, STEV-
  ENSON, FINCH, GLICK, HOOPER, MARKEY, MILLMAN, THIELE -- read once  and
  referred to the Committee on Governmental Operations

AN ACT to amend the state finance law, in relation to the definition and
  purchase of tropical hardwoods

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 1 of section 165 of the state  finance  law  is
amended  by  adding  six  new  paragraphs f, g, h, i, j and k to read as
follows:
  F. "SUSTAINED MANAGED FOREST" MEANS A FOREST THAT HAS  BEEN  CERTIFIED
BY A FOREST CERTIFIER.
  G.  "FOREST  CERTIFIER" MEANS AN INDEPENDENT, THIRD PARTY ORGANIZATION
THAT CONDUCTS COMPREHENSIVE ASSESSMENTS OF FOREST  MANAGEMENT  PRACTICES
AND ENVIRONMENTAL PERFORMANCE.
  H.  "CHAIN  OF  CUSTODY"  MEANS  A  PROCESS  THAT PROVIDES DOCUMENTARY
EVIDENCE VERIFYING THAT A GIVEN WOOD PRODUCT IS DERIVED FROM A CERTIFIED
FOREST OF ORIGIN.
  I. "CHAIN OF CUSTODY  CERTIFIER"  MEANS  AN  INDEPENDENT  THIRD  PARTY
ORGANIZATION THAT CERTIFIES CHAIN OF CUSTODY.
  J. "ENVIRONMENTALLY PREFERABLE BUILDING MATERIAL" MEANS ONE OR MORE OF
THE FOLLOWING:
  (I) RECLAIMED WOOD PRODUCTS;
  (II) BIOBASED MATERIAL; OR
  (III) RECYCLED PLASTIC AND OTHER RECYCLED MATERIALS.
  K.  "THIRD PARTY" MEANS AN ENTITY WHICH DOES NOT HAVE AN EQUITY INTER-
EST IN THE LAND OR THE MANAGEMENT OF THE FORESTS  BEING  EVALUATED,  AND
INDEPENDENT FROM ANY TIMBER TRADE ASSOCIATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD03149-01-3

              

A. 2101                             2

  S  2. Paragraph a of subdivision 2 of section 165 of the state finance
law, as added by chapter 83 of the laws of 1995, is amended to  read  as
follows:
  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,
AND  SHALL SEEK TO MAXIMIZE THE USE OF ENVIRONMENTALLY PREFERABLE BUILD-
ING MATERIALS BY WHATEVER MEANS PRACTICABLE BY LAW.
  S 3. Section 165 of the state finance law is amended by adding  a  new
subdivision 2-a to read as follows:
  2-A. A. THE GOVERNOR SHALL DIRECT THE APPROPRIATE DEPARTMENT OR AGENCY
THAT  HE OR SHE SO DESIGNATES TO CREATE A LIST OF ELIGIBLE FOREST CERTI-
FIERS AND CHAIN OF CUSTODY CERTIFIERS.
  B. THE DESIGNATED DEPARTMENT OR  AGENCY  SHALL  PROMULGATE  RULES  AND
REGULATIONS  WHEN  SPECIFYING THE INFORMATION THAT FOREST CERTIFIERS AND
CHAIN OF CUSTODY CERTIFIERS PROVIDE IN ORDER TO BE DEEMED  ELIGIBLE  FOR
THE PURPOSES OF FULFILLING THE ELIGIBILITY REQUIREMENTS OF THIS SECTION.
SUCH ELIGIBILITY REQUIREMENTS SHALL INCLUDE BUT NOT BE LIMITED TO:
  (I)  CONDUCTING  ON THE GROUND AUDITS, USING AN INTERDISCIPLINARY TEAM
OF EXPERTS TO EVALUATE THE ECOLOGICAL, SOCIAL, AND  ECONOMIC  IMPACT  OF
FOREST MANAGEMENT PRACTICES; AND
  (II)  SEPARATE  CHAIN OF CUSTODY CERTIFICATION, LINKING EACH CERTIFIED
FOREST PRODUCT TO ITS CERTIFIED FOREST OF ORIGIN.
  C. ONCE THE DESIGNATED DEPARTMENT OR  AGENCY  HAS  DETERMINED  THAT  A
CERTIFIER  HAS MET THE ELIGIBILITY REQUIREMENTS SPECIFIED, THE CERTIFIER
SHALL BE DEEMED TO BE AN APPROVED AND ELIGIBLE CERTIFIER FOR PURPOSES OF
THIS SECTION.
  S 4. Subdivision 2 of section 165 of the state finance law is  amended
by adding a new paragraph e to read as follows:
  E.  NOTHING  IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT ANY LOCAL
GOVERNMENT FROM ADOPTING ANY LOCAL LAW, ORDINANCE,  RULE  OR  REGULATION
GOVERNING THE PURCHASE OF COMMODITIES WHICH IS MORE RESTRICTIVE THAN THE
PROVISIONS  OF THIS SECTION RELATING TO THE USE OF TROPICAL HARDWOODS OR
WOOD PRODUCTS.
  S 5. This act shall take effect immediately.