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 a chain of custody certifiers.
STATE OF NEW YORK
________________________________________________________________________
7148
IN SENATE(Prefiled)
January 3, 2018
___________
Introduced by Sen. KAVANAGH -- 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:
1 Section 1. Subdivision 1 of section 165 of the state finance law is
2 amended by adding six new paragraphs f, g, h, i, j and k to read as
3 follows:
4 f. "Sustained managed forest" means a forest that has been certified
5 by a forest certifier.
6 g. "Forest certifier" means an independent, third party organization
7 that conducts comprehensive assessments of forest management practices
8 and environmental performance.
9 h. "Chain of custody" means a process that provides documentary
10 evidence verifying that a given wood product is derived from a certified
11 forest of origin.
12 i. "Chain of custody certifier" means an independent third party
13 organization that certifies chain of custody.
14 j. "Environmentally preferable building material" means one or more of
15 the following:
16 (i) reclaimed wood products;
17 (ii) biobased material; or
18 (iii) recycled plastic and other recycled materials.
19 k. "Third party" means an entity which does not have an equity inter-
20 est in the land or the management of the forests being evaluated, and
21 independent from any timber trade association.
22 § 2. Paragraph a of subdivision 2 of section 165 of the state finance
23 law, as added by chapter 83 of the laws of 1995, is amended to read as
24 follows:
25 a. Except as hereinafter provided, the state and any governmental
26 agency or political subdivision or public benefit corporation of the
27 state shall not purchase or obtain for any purpose any tropical hard-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD02735-01-7
S. 7148 2
1 woods or tropical hardwood products, wholesale or retail, in any form,
2 and shall seek to maximize the use of environmentally preferable build-
3 ing materials by whatever means practicable by law.
4 § 3. Section 165 of the state finance law is amended by adding a new
5 subdivision 2-a to read as follows:
6 2-a. Eligible certifier list. a. The governor shall direct the appro-
7 priate department or agency that he or she so designates to create a
8 list of eligible forest certifiers and chain of custody certifiers.
9 b. The designated department or agency shall promulgate rules and
10 regulations when specifying the information that forest certifiers and
11 chain of custody certifiers provide in order to be deemed eligible for
12 the purposes of fulfilling the eligibility requirements of this section.
13 Such eligibility requirements shall include but not be limited to:
14 (i) conducting on the ground audits, using an interdisciplinary team
15 of experts to evaluate the ecological, social, and economic impact of
16 forest management practices; and
17 (ii) separate chain of custody certification, linking each certified
18 forest product to its certified forest of origin.
19 c. Once the designated department or agency has determined that a
20 certifier has met the eligibility requirements specified, the certifier
21 shall be deemed to be an approved and eligible certifier for purposes of
22 this section.
23 § 4. Subdivision 2 of section 165 of the state finance law is amended
24 by adding a new paragraph e to read as follows:
25 e. Nothing in this subdivision shall be deemed to prohibit any local
26 government from adopting any local law, ordinance, rule or regulation
27 governing the purchase of commodities which is more restrictive than the
28 provisions of this section relating to the use of tropical hardwoods or
29 wood products.
30 § 5. This act shall take effect immediately.
