Includes additional definitions for procedures relating to state purchasing of tropical hardwoods; requires state to maximize the use of environmentally preferable building materials; requires use of information provided by forest certifiers; requires the governor to develop a list of eligible forest certifiers and chain of custody certifiers.
Ayes (23): DeFrancisco, Johnson, Alesi, Farley, Flanagan, Fuschillo, Golden, Hannon, Lanza, Larkin, LaValle, Little, Nozzolio, Robach, Saland, Seward, Young, Breslin, Diaz, Duane, Montgomery, Stavisky, Squadron
Ayes W/R (10): Bonacic, Griffo, Krueger, Dilan, Gianaris, Oppenheimer, Peralta, Perkins, Rivera, Stewart-Cousins
Nays (1): Parker
Excused (1): Marcellino
TITLE OF BILL: An act to amend the state finance law, in relation to the definition and purchase of tropical hardwoods
PURPOSE: To require that tropical hardwoods or tropical hardwood products that the state purchases are from sustainably managed forests.
SUMMARY OF SPECIFIC PROVISIONS: Amends section 165 of the state Finance Law to prohibit the state (and any governmental agency or political subdivision or public benefit corporation of the state) from purchasing tropical hardwood except if they are certified as sustainably forested by a forest certifier.
Current law prohibits the state from purchasing tropical hardwoods or tropical hardwood products. However, the state may purchase this type of wood if it is purchased from a sustained managed forest. There is no definition of sustained managed forest in law. This bill defines sustained managed forest and sets forth guidelines that forest certifiers must abide by. In addition the wood must be certified by a chain or custody certifier in order to verify where the wood originated. The Governor shall develop a list of eligible forest certifiers and chain of custody certifiers.
This legislation would also allow any government to further restrict the use of tropical hardwoods or any wood product.
JUSTIFICATION: The state should encourage the use of alternative building materials such as reclaimed wood, particle board from agricultural residue and recycled plastic. Forests play a vital role in regulating the global climate, purifying the air and protecting watersheds. Throughout the world, communities depend on healthy forests for their economic value. The purchasing restrictions currently placed on the state are minimal. New York currently uses timber cut from tropical and temperate rainforests in a range of products including park benches and boardwalks. New York is therefore contributing to the global deforestation of the world's ecosystem. Requiring that the state purchase wood which devices from a sustainable managed forest provides a much more responsible approach by ensuring forests will not be destroyed in the process.
PRIOR LEGISLATIVE HISTORY: S.7677 of 2008 S.999 of 2009/10: Referred to Environmental Conservation
FISCAL IMPLICATIONS: None.
EFFECTIVE DATE: This act shall take effect immediately.
STATE OF NEW YORK ________________________________________________________________________ 3308 2011-2012 Regular Sessions IN SENATE February 16, 2011 ___________Introduced by Sens. GRISANTI, MARCELLINO -- read twice and ordered printed, and when printed to be committed to the Committee on Finance 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. 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:EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD00940-01-1 S. 3308 2
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.