Bill Text: NY A05839 | 2015-2016 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Moderate Partisan Bill (Democrat 9-1)

Status: (Introduced - Dead) 2016-01-06 - referred to governmental operations [A05839 Detail]

Download: New_York-2015-A05839-Introduced.html

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                           S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         5839
                              2015-2016 Regular Sessions
                                 I N  A S S E M B L Y
                                     March 5, 2015
                                      ___________
       Introduced by M. of A. KAVANAGH, COLTON, CAHILL, SCHIMEL, JAFFEE, FINCH,
         GLICK, HOOPER, MARKEY, THIELE -- read once and referred to the Commit-
         tee 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:
    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    S  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:
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD03435-01-5
       A. 5839                             2
    1    a.  Except  as  hereinafter  provided,  the state and any governmental
    2  agency or political subdivision or public  benefit  corporation  of  the
    3  state  shall  not  purchase or obtain for any purpose any tropical hard-
    4  woods or tropical hardwood products, wholesale or retail, in  any  form,
    5  AND  SHALL SEEK TO MAXIMIZE THE USE OF ENVIRONMENTALLY PREFERABLE BUILD-
    6  ING MATERIALS BY WHATEVER MEANS PRACTICABLE BY LAW.
    7    S 3. Section 165 of the state finance law is amended by adding  a  new
    8  subdivision 2-a to read as follows:
    9    2-A. ELIGIBLE CERTIFIER LIST.  A. THE GOVERNOR SHALL DIRECT THE APPRO-
   10  PRIATE  DEPARTMENT  OR  AGENCY  THAT HE OR SHE SO DESIGNATES TO CREATE A
   11  LIST OF ELIGIBLE FOREST CERTIFIERS AND CHAIN OF CUSTODY CERTIFIERS.
   12    B. THE DESIGNATED DEPARTMENT OR  AGENCY  SHALL  PROMULGATE  RULES  AND
   13  REGULATIONS  WHEN  SPECIFYING THE INFORMATION THAT FOREST CERTIFIERS AND
   14  CHAIN OF CUSTODY CERTIFIERS PROVIDE IN ORDER TO BE DEEMED  ELIGIBLE  FOR
   15  THE PURPOSES OF FULFILLING THE ELIGIBILITY REQUIREMENTS OF THIS SECTION.
   16  SUCH ELIGIBILITY REQUIREMENTS SHALL INCLUDE BUT NOT BE LIMITED TO:
   17    (I)  CONDUCTING  ON THE GROUND AUDITS, USING AN INTERDISCIPLINARY TEAM
   18  OF EXPERTS TO EVALUATE THE ECOLOGICAL, SOCIAL, AND  ECONOMIC  IMPACT  OF
   19  FOREST MANAGEMENT PRACTICES; AND
   20    (II)  SEPARATE  CHAIN OF CUSTODY CERTIFICATION, LINKING EACH CERTIFIED
   21  FOREST PRODUCT TO ITS CERTIFIED FOREST OF ORIGIN.
   22    C. ONCE THE DESIGNATED DEPARTMENT OR  AGENCY  HAS  DETERMINED  THAT  A
   23  CERTIFIER  HAS MET THE ELIGIBILITY REQUIREMENTS SPECIFIED, THE CERTIFIER
   24  SHALL BE DEEMED TO BE AN APPROVED AND ELIGIBLE CERTIFIER FOR PURPOSES OF
   25  THIS SECTION.
   26    S 4. Subdivision 2 of section 165 of the state finance law is  amended
   27  by adding a new paragraph e to read as follows:
   28    E.  NOTHING  IN THIS SUBDIVISION SHALL BE DEEMED TO PROHIBIT ANY LOCAL
   29  GOVERNMENT FROM ADOPTING ANY LOCAL LAW, ORDINANCE,  RULE  OR  REGULATION
   30  GOVERNING THE PURCHASE OF COMMODITIES WHICH IS MORE RESTRICTIVE THAN THE
   31  PROVISIONS  OF THIS SECTION RELATING TO THE USE OF TROPICAL HARDWOODS OR
   32  WOOD PRODUCTS.
   33    S 5. This act shall take effect immediately.