S T A T E O F N E W Y O R K ________________________________________________________________________ 410 2009-2010 Regular Sessions I N A S S E M B L Y (PREFILED) January 7, 2009 ___________ Introduced by M. of A. KAVANAGH, COLTON, CAHILL, MILLMAN, SCHIMEL -- Multi-Sponsored by -- M. of A. ALFANO, DIAZ, FINCH, GLICK, HOOPER, MARKEY, McENENY -- read once and referred to the Committee on Govern- mental Operations AN ACT to amend the state finance law, in relation to the procurement and definition of certified wood THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Subdivision 3 of section 165 of the state finance law is 2 amended by adding two new paragraphs k and l to read as follows: 3 K. THE COMMISSIONER SHALL IMPLEMENT A CERTIFIED WOOD PROGRAM, WHICH 4 SPECIFIES CERTIFIED WOOD WHERE FEASIBLE. THE TERM "CERTIFIED WOOD" 5 SHALL BE DEFINED AS WOOD-BASED MATERIALS SOURCED FROM FORESTLANDS OR 6 PRODUCED BY COMPANIES PARTICIPATING IN AN ACCEPTABLE SYSTEM OR PROGRAM 7 WHICH CERTIFIES SUSTAINABLE FOREST MANAGEMENT, AS DETERMINED BY THE 8 COMMISSIONER IN CONSULTATION WITH THE COMMISSIONER OF THE DEPARTMENT OF 9 ENVIRONMENTAL CONSERVATION, OR HIS/HER DESIGNEE. ACCEPTABLE SYSTEMS OR 10 PROGRAMS SHALL INCLUDE ALL OF THE FOLLOWING: (I) ADHERENCE TO MANAGEMENT 11 PRACTICES WHICH CONSERVE BIOLOGICAL DIVERSITY, MAINTAIN PRODUCTIVE 12 CAPACITY OF FOREST ECOSYSTEMS, MAINTAIN FOREST ECOSYSTEM HEALTH AND 13 VITALITY, CONSERVE AND MAINTAIN SOIL AND WATER RESOURCES, AND MAINTAIN 14 FOREST CONTRIBUTION TO GLOBAL CARBON CYCLES; (II) INDEPENDENT THIRD 15 PARTY AUDITING THAT MONITORS, MEASURES AND REPORTS COMPLIANCE WITH 16 SYSTEM OR PROGRAM PRINCIPLES AND GUIDELINES; AND (III) DOCUMENTATION 17 VERIFYING THAT THE WOOD-BASED PRODUCTS ARE SOURCED FROM OR PRODUCED 18 UNDER AN ACCEPTABLE CERTIFICATION SYSTEM OR PROGRAM. THE DEPARTMENT OF 19 ENVIRONMENTAL CONSERVATION SHALL PROVIDE DOCUMENTATION ON THE SUCCESS OF 20 IMPLEMENTING THE CERTIFIED WOOD PROCUREMENT POLICY IN THE ANNUAL REPORT 21 MADE PURSUANT TO PARAGRAPH I OF THIS SUBDIVISION. EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01031-01-9 A. 410 2 1 L. PURSUANT TO THE RESULTS OF THE STATE WOOD CERTIFICATION PROGRAM, A 2 PILOT PROJECT SHALL BE ESTABLISHED TO INCORPORATE CERTIFIED PAPER PROD- 3 UCT. 4 S 2. This act shall take effect immediately, provided, however, that 5 paragraph k of subdivision 3 of section 165 of the state finance law as 6 added by section one of this act shall take effect January 1, 2010; and 7 paragraph l of subdivision 3 of section 165 of the state finance law as 8 added by section one of this act shall take effect January 1, 2012.