Bill Text: NY S05921 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts the New York deforestation-free procurement act requiring that companies contracting with the state do not contribute to tropical or boreal intact forest degradation or deforestation directly or through their supply chains.
Spectrum: Partisan Bill (Democrat 19-0)
Status: (Introduced - Dead) 2022-06-03 - COMMITTED TO RULES [S05921 Detail]
Download: New_York-2021-S05921-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 5921--A 2021-2022 Regular Sessions IN SENATE March 23, 2021 ___________ Introduced by Sens. KRUEGER, COONEY, KAPLAN, MAY, REICHLIN-MELNICK, BIAGGI, BRISPORT, BROOKS, HOYLMAN, JACKSON, KAMINSKY, SEPULVEDA, SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- recommitted to the Committee on Procurement and Contracts in accordance with Senate Rule 6, sec. 8 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, in relation to enacting the New York deforestation-free procurement act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. This act shall be known and may be cited as the "New York 2 deforestation-free procurement act". 3 § 2. Legislative Findings. The Legislature finds and declares the 4 following: 5 1. Tropical forests cover roughly 7 percent of Earth's surface, but 6 harbor close to 50 percent of all species on Earth. 7 2. Boreal forests represent about thirty percent of the global forest 8 area, help regulate the climate through the exchange of energy and 9 water, and are a large reservoir of biogenic carbon. 10 3. Human activity is the driving force behind the current rate of 11 species extinction, which is at least 100 to 1,000 times higher than 12 historical levels. The World Wildlife Fund's 2016 Living Planet Report 13 found global populations of fish, birds, mammals, amphibians, and 14 reptiles declined by 58 percent between 1970 and 2012. 15 4. Globally, an estimated 18,000,000 acres of forest, an area more 16 than half the size of New York State, are lost every year to deforesta- 17 tion according to the Food and Agriculture Organization of the United 18 Nations, with over one-half of Earth's tropical forests already gone. At 19 the current pace, the entirety of Earth's tropical rainforests will be 20 degraded or destroyed within the next 100 years. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03158-12-2S. 5921--A 2 1 5. It has been estimated that at least 30 percent of the world's 2 greenhouse gas emissions come from deforestation and forest degradation. 3 Taking into account carbon sequestration potential, stopping the loss of 4 tropical forests, mangroves, and wetlands could provide over 20 percent 5 of climate mitigation by 2030. 6 6. Loss of biodiversity resulting from forest degradation and defores- 7 tation, as well as human encroachment on formerly undisturbed ecosys- 8 tems, increases the risks of zoonotic disease pandemics such as COVID- 9 19. 10 7. New York State is a leader in addressing the climate crisis, with a 11 statutory goal of achieving net-zero greenhouse gas emissions economy- 12 wide by 2050. 13 8. Tropical deforestation in many countries is closely associated with 14 violations of the land rights of indigenous peoples and local communi- 15 ties and with the exploitation of workers, including forced labor and 16 child labor, and in many cases is enabled by corruption, criminality, 17 and violence against land defenders. 18 9. Tropical deforestation in many countries is also closely associated 19 with illegal wildlife trafficking, including, but not limited to, vari- 20 ous bird and reptile species, many primate species, including great 21 apes, pangolins, and orangutans, and in many cases is enabled by 22 corruption, criminality, and violence against conservationists. 23 10. The primary factor leading to tropical deforestation is degrada- 24 tion and road-building associated with logging for timber, which opens 25 the door for deforestation caused by industrial-scale production of 26 agricultural commodities and conversion of forests into plantations for 27 the timber, pulp, and paper industry. Together, these are increasingly 28 known as "forest-risk commodities". 29 11. Industrial logging to make single-use tissue products, newsprint, 30 and lumber is a large driver of boreal forest degradation and deforesta- 31 tion, as is the exploration, development, and extraction of other 32 resources, such as mining, oil and gas development, and flooding for 33 hydroelectric projects. 34 12. New York is inadvertently promoting and sanctioning deforestation 35 and intact forest degradation through the purchase of goods and products 36 that have been produced in supply chains that contribute to deforesta- 37 tion and intact forest degradation. 38 13. New York has one of the largest economies in the world and its 39 purchasing power has significant market force, allowing it to play a 40 leadership role in preventing forest loss and supporting markets for 41 sustainably-sourced products. 42 14. It is the intent of the legislature that it be the policy of this 43 state to ensure companies contracting with the state are not contribut- 44 ing to tropical or boreal deforestation or intact forest degradation 45 directly or through their supply chains. 46 § 3. Paragraphs b, c, d and e of subdivision 1 of section 165 of the 47 state finance law, as added by chapter 83 of the laws of 1995, are 48 amended to read as follows: 49 b. "Tropical hardwood" shall mean any and all hardwood, scientifically 50 classified as angiosperm, that grows in any tropical [moist] forest. 51 Tropical hardwoods shall [be] include but not be limited to the follow- 52 ing species: 53 Scientific Name Examples of Common [Name] 54 Names 55 Prunus Africana African cherry, Red stinkwood 56 Caryocar costaricense Ajo, AjiS. 5921--A 3 1 Calophyllum spp. Bintangor 2 Cedrela spp. Cedar 3 Neobalanocarpus heimii, Chengal 4 Balanocarpus heimii 5 Octomeles sumatrana Miq. Erima, benuang 6 Myroxylon balsamum Estoraque 7 Apuleia leiocarpa Garapa 8 Parastemon urophyllus,Parastemon Malas 9 spicatus Ridley 10 Hopea spp. Merawan 11 Araucaria araucana Monkey Puzzle, Chilean pine 12 Pterocarpus tinctorius Mukula 13 Senna siamea Siamese senna 14 Pometia pinata Taun 15 Milletia leucantha Kurz Thinwin 16 Bulnesia arborea, Bulnesia Verawood, Argentine lignum 17 sarmientoi vitae 18 Tristaniopsis laurina Water gum 19 Terminalia spp. 20 Homalium foetidum Malas 21 Dillenia papuana Dillenia 22 Canarium spp. Red Canarium, Grey Canarium 23 Burkrella macropoda Rang rang 24 Octomeles sumatrana Erima, Benuang 25 Dracontomelon dao New Guinea walnut 26 Planchonella spp. White Planchonella, Red 27 Planchonella 28 Lophopetalum spp. Perupok 29 Carinian pyriformis Abarco, Jequitiba 30 Mitragyna ciliate Abura 31 Vouacapous americana Acapu 32 Amburana caerensis Amburana, Cerejeira 33 Dalbergia melanoxylon African Blackwood 34 Lovoa spp. African Walnut, Tigerwood 35 Pericopsis elata [Afrormosis] Afrormosia 36 [Shorea almon] [Almon] 37 Aspidosperma megalocarpon Acaretto 38 Peltogyne spp. Amaranth, purpleheart 39 Terminalia amazonia Amarillo Real 40 Guibourtia ehie Amazaque 41 Amburana cearensis Amburana, Cerejeira, cumare 42 Pterogyne nitens Amendoim 43 Carapa guianensis Andiroba, False Mahogany 44 Dicorynia guianensis Angilique Cris 45 [Aningeris] Aningeria spp. Aningeria, anegre, 46 anigre 47 Dipterocarpus [grandiflorus] [Apilong] Apitong, Keruing 48 spp. 49 Centrolobium spp. Arariba, Amarillo 50 Brosimum utile Baco 51 Shorea spp. Balau, Selangan batu 52 Ochroma lagopus Balsa 53 Ochroma pyramidale Balsa 54 Myroxylon balsamum Balsamo 55 [Virola spp.] [Banak] 56 Anisoptera thurifera Bella [Rose] RosaS. 5921--A 4 1 Guibourtia arnoldiana Benge, Mutenye 2 Berlinia spp. Berlinia, Rose Zebrano 3 Symphonia globulifera Boar Wood 4 Deterium [Senegalese] senegalese Boire 5 Caesalpinia echintata, Brazilwood, Pernambuco 6 Paubrasilia eschinata 7 Bertholletia excels Brazil Tree 8 Brosimum alicastrum Breadnut 9 Guilbourtia spp. Bubinga, African 10 (G. demusei, G. pellegriniana, Rosewood, Kevazingo 11 G. tessmannii) 12 Toona calantas, Cedrela calantas Calantas, Kalantas 13 Priora copaifera Cativo 14 Cedrela odorata, Cedrela fissilis Cedro, Cedar, Spanish cedar, 15 South American cedar 16 Ceiba pentandra Ceiba 17 Antiaris africana Chenchen, Antiaris 18 Couratari guianensis Coco Blanco 19 [Dalbergis] Dalbergia 20 retusa [Concobola] Cocobolo, 21 Granadillo 22 Tabebuia donnell-smithii Copal 23 Daniellia spp. Copal, Daniellia 24 Cordia spp. Cordia, Bocote, Ziricote, Louro 25 Hymenaea courbaril Courbaril, West Indian Locust 26 Dipteryx odorata Cumaru 27 Piptadeniastrum africanum Dahoma, Banzu 28 Calycophyllum candidissimum Degame, Legame Lancewood, 29 Lemonwood 30 Afzelia spp. Doussie, Lingue 31 [Diospyros] Diospyrus spp. Ebony, Macassare, 32 ebony, 33 Ceylon ebony 34 Lophira alata Ekki, Azobe, Bangassi, Akoura, 35 Red Ironwood 36 Combretodendron macrocarpum Esia, Essia 37 Cordia goeldiana Freijo, Cordia Wood 38 Chlorophora tinctoria Fustic, Yellow Wood, Tatajuba 39 [Aucoumes] Aucoumea klaineana Gaboon, Okoume 40 Astronium spp. Goncalo Alves, Zebrawood, 41 Tigerwood 42 Ocotea rodiaei Greenheart 43 Enterolobium cyclocarpum Guanacaste, Rain Tree, 44 Elephant Ear 45 Guarea spp. Guarea, Bosse 46 Terminalia ivorensis Idigbo, Framire, Black Afara 47 Phoebe porosa Imbuia, Imbuya, Embuia, 48 Brazilian Walnut 49 Handroanthus spp. Ipe, Brazilian walnut, 50 bethabarra, Pau d'arco, 51 Ironwood, Lapacho 52 Chlorophors excelsa Iroko 53 Hymenaea courbaril Jatoba, "Brazilian Cherry" 54 Jacaranda copaia Jacaranda 55 Machaerium villosum Jacaranda Pardo 56 Dyera costulata JelutongS. 5921--A 5 1 Dryobalanops spp. Kapur, Keladan 2 Koompassia malaccensis Kempas, Impas 3 Acacia koa Koa 4 Entandrophragma candollei Kosipo, Omu 5 Pterygota macrocarpa Koto, African Pterygota, Ware 6 Oxandra lanceolate Lancewood 7 Shorea spp. [negrosensis] [Red] Lauan, Luan, 8 Lawaan, Meranti, White 9 meranti, yellow meranti, dark 10 red meranti, light red meranti, 11 Seraya, Tanguile, Bang, 12 Philippine Mahogany 13 [Pentacme contorta] [White Lauan] 14 [Shores ploysprma] [Tanguile] 15 Nothofagus pumilio Lenga 16 Guaiacum officinale Lignum Vitae, Guayacan, 17 Ironwood 18 Terminalia superba Limba, Afara, Ofram 19 [Aniba duckei] Aniba rosedora [Louro] Brazilian 20 rosewood, pau rosa, bois 21 de rose 22 Nectandra spp. Louro Preto 23 [Kyaya ivorensis] Khaya spp. [Africa] African 24 Mahogany 25 [Swletenia macrophylla] [Amer. Mahogany] 26 Swietenia spp. American Mahogany, West Indian 27 Mahogany, Central American 28 Mahogany, Honduran Mahogany, 29 South American Mahogany, 30 Mexican Mahogany, Bigleaf 31 Mahogany, Little Leaf 32 Mahogany, Acajou, Caoba 33 Mogno 34 Tieghemella [leckellii] heckelii [Makora] 35 Makore, 36 Baku 37 Diospyros marmorata Marblewood, Zebrawood 38 Intsia bijuga, Intsia palembanica Merbau, Ipil, Kwila 39 Anisoptera spp. Mersawa, Krabak, Palosapis 40 Mora excelsa Mora 41 Distemonanthus benthamianus Movingui, Ayan 42 Terminalia amazonia Nargusta 43 Pterocarpus spp. Narra, Ambyna, Papua New Guinea 44 Rosewood, Red Sanders, Mukula, 45 Kosso, zitan, Hongmu 46 Palaquium spp. Nyatoh, Padang, Pencil Cedar 47 Triplochiton scleroxylon Obeche, Samba 48 Nauclea diderrichii Opepe, Sibo 49 Pterocarpus [soyauxii] spp. [African] Padauk, 50 Vermillion Wood 51 [Pterocarpus angolensis] [Angola Padauk] 52 Millettia stuhlmannii Panga Panga 53 Balfourodendron riedelianum Pau Marfim 54 Aspidosperma spp. Peroba, Rosa 55 Paratecoma peroba Peroba BrancaS. 5921--A 6 1 Dalbergia frutescens, D. tomentosa Pinkwood, Brazilia Tulipwood 2 Tabebuia donnell-smithii Prima Vera, Roble, Durango 3 Peltogyne spp. Purpleheart 4 Gonystylus spp. Ramin 5 Melanorrhoea curtisii Rengas, Borneo Rosewood 6 Nothofagus obliqua Roble 7 Hevea brasiliensis Rubberwood 8 Dalbergia spp. Rosewood, Indian Rosewood, 9 Honduras Rosewood, cocobolo, 10 granadillo 11 Aniba duckei Brazilian Rosewood 12 Entandrophragma cylindricum [Sapela] Sapele, 13 Sapelli 14 Acanthopanax ricinofolius Sen, Castor Arabia 15 Brosimum aubletti, Piratinera Snakewood, Letterwood, Leopard 16 guianensis Wood 17 [Shores phillippinensis] [Sonora] 18 Juglans spp. (juglans South American Walnut, Peruvian 19 australis, J. neotropica, Walnut 20 J. Olanchana, etc.) 21 Sterculia rhinopetala Sterculia 22 Bagassa guianensis Tatajuba, Bagasse 23 Tectona grandis Teak 24 Lovoa trichilloides Tigerwood 25 Entandrophragma utile Utile, Sipo 26 Virola spp. Virola, Cumala, Banak, Tapsava 27 Milletia laurentii Wenge 28 Pentacme contorta White Lauan 29 Microberlinia [brazzavillensis] Zebrawood, 30 spp. Zebrano, Zingana 31 c. "Tropical [rain] forests" shall mean [any and all forests classi-32fied by the scientific term "Tropical moist forests", the classification33determined by the equatorial region of the forest and average rainfall] 34 a natural ecosystem within the tropical regions, approximately bounded 35 geographically by the tropics of Cancer and Capricorn, but possibly 36 affected by other factors such as prevailing winds, containing native 37 species composition, structure, and ecological function, with a tree 38 canopy cover of more than ten percent over an area of at least 0.5 39 hectares. "Tropical forests" shall include all of the following: (i) 40 human-managed tropical forests or partially degraded tropical forests 41 that are regenerating; and (ii) forests identified by multi-objective 42 conservation based assessment methodologies, such as High Conservation 43 Value (HCV) areas, as defined by the HCV Resource Network, or High 44 Carbon Stock forests, as defined by the High Carbon Stock Approach, or 45 by another methodology with equivalent or higher standards that includes 46 primary forests and peatlands of any depth. "Tropical forests" shall not 47 include tree plantations of any type. 48 d. "Tropical wood products" shall mean any wood products, wholesale or 49 retail, in any form, including but not limited to plywood, veneer, 50 furniture, cabinets, paneling, siding, moldings, doors, doorskins, join- 51 ery, flooring or sawnwood, which are composed, in whole or in part, of 52 tropical hardwood [except plywood]. 53 e. "Peat" means a soil that is rich in organic matter composed of 54 partially decomposed plant materials equal to or greater than 40 centi- 55 meters of the top 100 centimeters of the soil.S. 5921--A 7 1 f. "Peatlands" means wetlands with a layer of peat made up of dead and 2 decaying plant material. Peatlands includes moors, bogs, mires, peat 3 swamp forests, and permafrost tundra. 4 g. "Secondary materials" means any material recovered from or other- 5 wise destined for the waste stream, including, but not limited to, post- 6 consumer material, industrial scrap material and overstock or obsolete 7 inventories from distributors, wholesalers and other companies but such 8 term does not include those materials and by-products generated from, 9 and commonly reused within, an original manufacturing process. 10 § 4. Paragraph b of subdivision 2 of section 165 of the state finance 11 law, as added by chapter 83 of the laws of 1995, is amended to read as 12 follows: 13 b. The provisions of paragraph a of this subdivision shall not apply 14 to: 15 (i) [Any hardwoods purchased from a sustained, managed forest; or16(ii)] Any binding contractual obligations for purchase of commodities 17 entered into prior to August twenty-fifth, nineteen hundred ninety-one; 18 or 19 [(iii) The purchase of any tropical hardwood or tropical hardwood20product for which there is no acceptable non-tropical hardwood species;21or22(iv) Where the contracting officer finds that no person or entity23doing business in the state is capable of providing acceptable non-trop-24ical hardwood species sufficient to meet the particular contract25requirements; or26(v)] (ii) Where the inclusion or application of such provisions will 27 violate or be inconsistent with the terms or conditions of a grant, 28 subvention or contract in an agency of the United States or the 29 instructions of an authorized representative of any such agency with 30 respect to any such grant, subvention or contract[; or31(vi) Where inclusion or application of such provisions results in a32substantial cost increase to the state, government agency, political33subdivision, public corporation or public benefit corporation]. 34 § 5. Section 165 of the state finance law is amended by adding a new 35 subdivision 9 to read as follows: 36 9. Deforestation-free procurement. a. For purposes of this subdivi- 37 sion, the following definitions shall apply: 38 (i) "Contractor" means any person or entity that has a contract with a 39 state agency or state authority for public works or improvements to be 40 performed, for a franchise, concession or lease of property, for grant 41 monies or goods and services or supplies to be purchased at the expense 42 of the agency or authority or to be paid out of monies deposited in the 43 treasury or out of trust monies under the control or collected by the 44 agency or authority. 45 (ii) "Forest-risk commodity" means any commodity and its derived 46 products, including agricultural and non-agricultural commodities but 47 excluding tropical hardwood and tropical wood products covered by subdi- 48 visions one and two of this section, whether in raw or processed form, 49 that is commonly extracted from, or grown, derived, harvested, reared, 50 or produced on land where tropical or boreal deforestation or intact 51 forest degradation has occurred or is likely to occur. Forest-risk 52 commodities include palm oil, soy, beef, coffee, wood pulp, paper, logs, 53 lumber, and any additional commodities defined by the commissioner of 54 the office of general services pursuant to subparagraph (i) of paragraph 55 g of this subdivision, but do not include wood pulp or paper made 56 entirely from recovered fiber.S. 5921--A 8 1 (iii) "Free, prior, and informed consent" means the principle that a 2 community has the right to give or withhold its consent to proposed 3 developments that may affect the land and waters it legally or customar- 4 ily owns, occupies, or otherwise uses, as described in the United 5 Nations Declaration on the Rights of Indigenous Peoples, the Indigenous 6 and Tribal Peoples Convention of 1989, also known as the International 7 Labor Organization Convention 169, and other international instruments. 8 "Free, prior, and informed consent" means informed, noncoercive negoti- 9 ations between investors, companies, or governments, and indigenous 10 peoples and local communities, prior to project development. 11 (iv) "Large contractor" means any contractor whose annual revenue, or 12 that of their parent company, is equal to or greater than one hundred 13 million dollars. 14 (v) "Point-of-origin" means the geographical location, as identified 15 by the smallest administrative unit of land, where a commodity was 16 grown, derived, harvested, reared, or produced. 17 (vi) "Recovered fiber" means postconsumer fiber such as paper, paper- 18 board, and fibrous materials from retail stores, office buildings, 19 homes, and so forth, after having passed through their end usage, 20 including used corrugated boxes, old newspapers, old magazines, mixed 21 waste paper, tabulating cards, and used cordage, and all paper, paper- 22 board, and fibrous materials that enter and are collected from municipal 23 solid waste; and manufacturing wastes such as dry paper and paperboard 24 waste generated after completion of the papermaking process, including 25 envelope cuttings, bindery trimmings, and other paper and paperboard 26 waste resulting from printing, cutting, forming, and other converting 27 operations, bag, box, and carton manufacturing wastes, and butt rolls, 28 mill wrappers, and rejected unused stock, and repulped finished paper 29 and paperboard from obsolete inventories of paper and paperboard 30 manufacturers, merchants, wholesalers, dealers, printers, converters, 31 and others. 32 (vii) "Deforestation" means direct human-induced conversion of trop- 33 ical or boreal forest to agriculture, a tree plantation, or other non- 34 forest land use. 35 (viii) "Intact forest degradation" means severe and sustained degrada- 36 tion of a tropical or boreal forest resulting in significant intact 37 forest loss and/or a profound change in species composition, structure, 38 or ecological function of that forest. 39 (ix) "Boreal forest" means a forest growing in high-latitude environ- 40 ments where freezing temperatures occur for six to eight months and in 41 which trees are capable of reaching a minimum height of five meters and 42 a canopy cover of ten percent. 43 (x) "Intact forest" means a forest that has never been industrially 44 logged and has developed following natural disturbances and under 45 natural processes, regardless of its age. Intact forests include forests 46 that have experienced non-industrial-scale human impacts, including 47 traditional or subsistence activities carried out by indigenous communi- 48 ties. 49 (xi) "New York state products" means products that are grown, 50 harvested, or produced in this state, or processed inside or outside 51 this state comprising over fifty-one percent raw materials grown, 52 harvested, or produced in this state, by weight or volume. 53 (xii) "Small business" means small business as defined in section one 54 hundred thirty-one of the economic development law.S. 5921--A 9 1 (xiii) "Medium-sized business" shall mean a business that is resident 2 in this state, independently owned and operated, not dominant in its 3 field, and employs between one hundred and five hundred persons. 4 (xiv) "Minority-owned business enterprise" shall have the same meaning 5 as in article fifteen-A of the executive law. 6 (xv) "Women-owned business enterprise" shall have the same meaning as 7 in article fifteen-A of the executive law. 8 b. (i) Every contract entered into by a state agency or authority that 9 includes the procurement of any product comprised wholly or in part of a 10 forest-risk commodity shall require that the contractor certify that the 11 commodity furnished to the state pursuant to the contract was not 12 extracted from, grown, derived, harvested, reared, or produced on land 13 where tropical or boreal deforestation or intact forest degradation 14 occurred on or after January first, two thousand twenty-two. The 15 contractor shall agree to comply with this provision of the contract. 16 (ii) The contract shall specify that the contractor is required to 17 cooperate fully in providing reasonable access to the contractor's 18 records, documents, agents, employees, or premises if reasonably 19 required by authorized officials of the contracting agency or authority, 20 the office of general services, the office of the attorney general, the 21 department of environmental conservation, or the stakeholder advisory 22 group established in paragraph f of this subdivision, to determine the 23 contractor's compliance with the requirements under subparagraph (i) of 24 this paragraph. 25 (iii) Contractors shall exercise due diligence in ensuring that their 26 subcontractors comply with the requirements under subparagraph (i) of 27 this paragraph. Contractors shall require each subcontractor to certify 28 that the subcontractor is in compliance with the requirements of subpar- 29 agraph (i) of this paragraph. 30 (iv) In addition to the requirements of subparagraphs (i), (ii), and 31 (iii) of this paragraph, large contractors subject to subparagraph (i) 32 of this paragraph must certify that they have adopted a forest policy 33 that complies with regulations issued pursuant to subparagraph (vii) of 34 paragraph g of this subdivision. The adoption of forest policy by a 35 contractor, subcontractor, or supplier that is not a large contractor is 36 not required by this subparagraph but may be used to demonstrate compli- 37 ance with subparagraph (i) of this paragraph. Such forest policy and all 38 corresponding data shall be made publicly available, and shall contain 39 at a minimum all of the following: 40 A. Due diligence measures to identify the point-of-origin of forest- 41 risk commodities and ensure compliance with the policy where supply 42 chain risks are present. 43 B. Data detailing the complete list of direct and indirect suppliers 44 and supply chain traceability information, including refineries, proc- 45 essing plants, farms, and plantations, and their respective owners, 46 parent companies, and farmers, maps, and geo-locations, for each 47 forest-risk commodity found in products that may be furnished to the 48 state. 49 C. Measures taken to ensure the product does not contribute to trop- 50 ical or boreal deforestation or intact forest degradation, including: 51 (1) no development of tropical or boreal intact forests, and that the 52 product does not originate from a site where commodity production has 53 replaced intact tropical or boreal forest after January first, two thou- 54 sand twenty-two; 55 (2) no development of High Carbon Stock (HCS) Forests; 56 (3) no development of High Conservation Value (HCV) Areas;S. 5921--A 10 1 (4) no burning; 2 (5) efforts to ensure progressive reductions of greenhouse gas emis- 3 sions on existing plantations; 4 (6) no development on peat, regardless of depth; 5 (7) best management practices for existing plantations on peat; and 6 (8) where feasible, activities oriented towards peat restoration. 7 D. Measures taken to prevent exploitation and redress grievances of 8 workers and local communities, including: 9 (1) Respect for and recognition of the rights of all workers including 10 contract, temporary, and migrant workers. 11 (2) Respect for and recognition of land tenure rights of communities. 12 (3) Respect for the rights of indigenous and local communities to give 13 or withhold their free, prior, and informed consent to operations on 14 lands to which they hold legal, communal, or customary rights. 15 (4) Explicit policies and processes to prevent violence, intimidation, 16 and coercion of workers and local communities. 17 (5) Formal, open, transparent, and consultative processes to address 18 and redress all complaints and conflicts. 19 E. Measures taken to protect biodiversity and prevent the poaching of 20 endangered species in all operations and adjacent areas. 21 F. Measures taken to ensure compliance with the laws of countries 22 where forest-risk commodities in a company's supply chain were produced. 23 G. Measures to deter violence, threats, and harassment against envi- 24 ronmental human rights defenders (EHRDs), including respecting interna- 25 tionally recognized human rights standards, and educating employees, 26 contractors, and partners on the rights of EHRDs to express their views, 27 conduct peaceful protests, and criticize practices without intimidation 28 or retaliation. 29 (v) The provisions of subparagraph (i) of this paragraph shall not 30 apply when the inclusion or application of such provisions will violate 31 or be inconsistent with the terms or conditions of a grant, subvention 32 or contract with an agency of the United States or the instructions of 33 an authorized representative of any such agency with respect to any such 34 grant, subvention or contract. 35 c. (i) If it is determined that any contractor contracting with the 36 state knew or should have known that a product comprised wholly or in 37 part of a forest-risk commodity was furnished to the state in violation 38 of paragraph b of this subdivision, the contracting agency or authority 39 shall issue a written notice of violation and provide an opportunity for 40 such contractor to come into compliance. If, after such notice, a 41 contractor fails to come into compliance within a timeframe established 42 by the department, such contractor may, subject to subparagraph (ii) of 43 paragraph b of this subdivision, have either or both of the following 44 sanctions imposed: 45 A. The contract under which the prohibited forest-risk commodity was 46 furnished may be voided at the option of the state agency or authority 47 to which the commodity was furnished. 48 B. The contractor may be assessed a penalty that shall be the greater 49 of one thousand dollars or an amount equaling twenty percent of the 50 value of the product that the state agency or authority demonstrates was 51 comprised wholly or in part of a forest-risk commodity and furnished to 52 the state in violation of paragraph b of this subdivision. A hearing or 53 opportunity to be heard shall be provided prior to the assessment of any 54 penalty. 55 (ii) Notwithstanding subparagraph (i) of this paragraph, a contractor 56 that has complied with the provisions of subparagraph (iii) of paragraphS. 5921--A 11 1 b of this subdivision shall not be subject to sanctions for violations, 2 of which the contractor had no knowledge, of the requirements of para- 3 graph b of this subdivision that were committed solely by a subcontrac- 4 tor. Sanctions described under subparagraph (i) of this paragraph shall 5 instead be imposed against the subcontractor that committed the 6 violation. 7 d. (i) Any state agency or authority that investigates a complaint 8 against a contractor or subcontractor for violation of this subdivision 9 may limit its investigation to evaluating the information provided by 10 the person or entity submitting the complaint and the information 11 provided by the contractor or subcontractor. 12 (ii) Whenever a contracting officer of the contracting agency or 13 authority has reason to believe that the contractor failed to comply 14 with paragraph b of this subdivision, the agency or authority shall 15 refer the matter for investigation to the head of the agency or authori- 16 ty and, as the head of the agency or authority determines appropriate, 17 to either the office of general services, the office of the attorney 18 general, or the department of environmental conservation. 19 e. (i) When a state agency or authority's contract for the purchase of 20 a commodity or product covered by this subdivision is to be awarded to 21 the lowest responsible bidder, an otherwise qualified bidder who is a 22 small or medium-sized business or a minority-owned or women-owned busi- 23 ness enterprise, or who will fulfill the contract through the use of New 24 York state products, may be given preference over other bidders, 25 provided that the cost included in the bid is not more than ten percent 26 greater than the cost included in a bid that is not from a small or 27 medium-sized business or a minority-owned or women-owned business enter- 28 prise or fulfilled through the use of New York state products. 29 (ii) The provisions of this paragraph shall not apply if the head of 30 the contracting state agency or authority purchasing such products, in 31 his or her sole discretion, determines that giving preference to bidders 32 pursuant to the provisions of this paragraph would be: 33 (a) against the public interest; 34 (b) would increase the cost of the contract by an unreasonable amount; 35 or 36 (c) New York state products cannot be obtained in sufficient and 37 reasonable available quantities and of satisfactory quality to meet the 38 contracting state agency or authority's requirements. 39 (iii) Nothing in this paragraph shall be construed to conflict with or 40 otherwise limit the goals and requirements set forth by section one 41 hundred sixty-two of this article and articles fifteen-A and seventeen-B 42 of the executive law. 43 f. (i) The commissioner of the office of general services shall 44 convene a stakeholder advisory group which shall be consulted on the 45 creation of regulations pursuant to paragraph g of this subdivision, and 46 shall exercise an oversight role pursuant to paragraph h of this subdi- 47 vision. Members of the advisory group shall be selected by the commis- 48 sioner and shall consist of at least: 49 (A) representatives of current or former state contractors dealing in 50 each of the forest-risk commodities specified in subparagraph (ii) of 51 paragraph a of this subdivision, with an emphasis on small and medium- 52 sized businesses; 53 (B) representatives from civil society with relevant expertise in 54 supply chain traceability, tropical and boreal forest sustainability, 55 biodiversity, climate science, human and labor rights, and indigenous 56 rights. Members selected pursuant to this clause should be of at leastS. 5921--A 12 1 equal number to members selected pursuant to clause (A) of this subpara- 2 graph; and 3 (C) a minimum of two additional representatives from indigenous commu- 4 nities within the geographic areas containing tropical and boreal 5 forests covered by this subdivision. 6 (ii) The stakeholder advisory group shall select a chair from among 7 its members, subject to approval by a majority of members. 8 (iii) Members of the stakeholder advisory group shall receive no sala- 9 ry, but shall be reimbursed by the office of general services for any 10 necessary travel expenses related to participating in the stakeholder 11 advisory group. 12 g. On or before July first, two thousand twenty-three, the office of 13 general services shall issue regulations for the implementation of this 14 subdivision. Such regulations shall be developed in consultation with 15 the stakeholder advisory group established in paragraph f of this subdi- 16 vision and the commissioner of the department of environmental conser- 17 vation. Such regulations shall include, but not be limited to, all of 18 the following: 19 (i) A list of forest-risk commodities subject to the requirements of 20 this subdivision, including, but not limited to, palm oil, soy, beef, 21 coffee, wood pulp, paper, logs, and lumber. The list shall be reviewed 22 and updated at least every three years. When evaluating inclusion of 23 additional commodities in the list, the commissioner of the office of 24 general services shall consider the impact of the commodity as a driver 25 of tropical or boreal deforestation or intact forest degradation, the 26 state of existing supply chain transparency and traceability systems for 27 the commodity, and the feasibility of including the commodity in the 28 requirements of paragraph b of this subdivision. The first review shall 29 include, but not be limited to evaluation of cocoa, rubber, leather and 30 other cattle-derived products. 31 (ii) A list of products derived wholly or in part from forest-risk 32 commodities. 33 (iii) A list of products furnished to the state or used by state 34 contractors in high-volume purchases that contain or are comprised whol- 35 ly or in part of forest-risk commodities. 36 (iv) A set of responsible sourcing guidelines and policies derived 37 from best practices in supply chain transparency to the point-of-origin. 38 (v) Guidance to assist contractors in identifying forest-risk commod- 39 ities in their supply chain, performing necessary due diligence to meet 40 the requirements of this subdivision, and certifying that the commodity 41 did not contribute to tropical or boreal deforestation or intact forest 42 degradation. 43 (vi) A list of favored suppliers of forest-risk commodities and 44 products derived therefrom whose products have been determined to meet 45 the requirements of this subdivision. 46 (vii) The full set of requirements for a large contractor's forest 47 policy pursuant to subparagraph (iv) of paragraph b of this subdivision. 48 (viii) The process through which contractors shall certify to the 49 office of general services that they are in compliance with paragraph b 50 of this subdivision. 51 (ix) A process for ensuring that details of certified contracts are 52 made available for public inspection on the website of the office of 53 general services. 54 (x) An easily accessible procedure to receive public complaints and 55 information regarding violations of this subdivision.S. 5921--A 13 1 h. (i) At any time after January first, two thousand twenty-four, but 2 no less frequently than every six months thereafter, the commissioner of 3 the office of general services shall submit to the stakeholder advisory 4 group established in paragraph f of this subdivision the details of all 5 contracts certified under this subdivision. The stakeholder advisory 6 group shall assess the compliance of all or a representative subset of 7 all contracts with the requirements of this subdivision. Following such 8 assessment, and subject to approval by a majority of members, the stake- 9 holder advisory group may: 10 A. Make recommendations to the commissioner of the office of general 11 services regarding changes to the regulations implementing this subdivi- 12 sion. 13 B. Make recommendations to the commissioner of the office of general 14 services, the office of the attorney general, the office of the state 15 comptroller, or a contracting agency or authority regarding deficiencies 16 in contract certifications, violations of this subdivision, and/or 17 enforcement actions. 18 (ii) All work products produced pursuant to subparagraph (i) of this 19 paragraph shall be made available to the public on the website of the 20 office of general services. 21 i. (i) Not later than June first, two thousand twenty-three, the 22 department of environmental conservation, in consultation with the 23 commissioner of the office of general services, shall complete a study 24 to determine whether or not the requirements of this subdivision shall 25 apply to forest-risk commodities originating in boreal forests. 26 (ii) In completing such study, the department of environmental conser- 27 vation shall consult with individuals, including academics and experts 28 from nongovernmental organizations, having expertise in forest sustaina- 29 bility, biodiversity, and climate science, as well as representatives of 30 indigenous communities located within boreal regions, and hold at least 31 one public hearing, and may base study findings on existing literature. 32 (iii) Such study shall examine, but not be limited to, the following 33 considerations: 34 A. The short- and long-term impact on greenhouse gas emissions, biodi- 35 versity, ecosystem function, and climate resilience, of clearcutting 36 intact boreal forests. 37 B. The differential impact on greenhouse gas emissions, biodiversity, 38 ecosystem function, and climate resilience of clearcutting intact boreal 39 forest versus previously logged or second-growth forest, within 30-year, 40 50-year, and 100-year timeframes. 41 C. The differential impact on greenhouse gas emissions, biodiversity, 42 ecosystem function, and climate resilience of clearcutting intact boreal 43 forest versus no industrial forestry activity, within 30-year, 50-year, 44 and 100-year timeframes. 45 D. The actual carbon storage capacity of various harvested wood 46 products, and the percentage of logged boreal biomass in each of the 47 boreal countries (Russia, Canada, the United States, Finland, Sweden, 48 Norway, Iceland, China, Japan) that ends up in long-lasting versus 49 short-term consumable end uses. 50 E. The effectiveness of existing available certification schemes in 51 use in each of the boreal countries in ensuring compliance with the 52 goals of this subdivision. 53 F. An independent assessment of the current greenhouse gas footprint 54 of the forest products industry in each of the boreal countries.S. 5921--A 14 1 G. An independent assessment of whether current forest management 2 policies in each of the boreal countries are sufficient to prevent the 3 forestry industry's role in the decline of at-risk species. 4 H. The effectiveness of the forestry policies of each of the boreal 5 countries in ensuring the free, prior, and informed consent of indige- 6 nous peoples affected by industrial logging within the boreal forest. 7 I. The effectiveness of replanting practices in restoring the original 8 ecological benefits of intact boreal forest that has been logged, and 9 the timescale for restoring these benefits. 10 (iv) The requirements of this subdivision shall apply to all forest- 11 risk commodities unless the commissioner of the department of environ- 12 mental conservation and the commissioner of the office of general 13 services have, not later than June first, two thousand twenty-three, 14 jointly designated the provisions of this act inapplicable to forest- 15 risk commodities originating in boreal forests based on the results of 16 the study provided for in this paragraph. 17 j. (i) The certification requirements set forth in this subdivision 18 shall not apply to a credit card purchase of goods of two thousand five 19 hundred dollars or less. 20 (ii) The total amount of goods exempted pursuant to subparagraph (i) 21 of this paragraph shall not exceed seven thousand five hundred dollars 22 per year for each contractor from which a state agency or authority is 23 purchasing goods by credit card. It shall be the responsibility of each 24 state agency to monitor the use of this exemption and adhere to these 25 restrictions on these purchases. 26 k. This subdivision shall apply to all contracts entered into, 27 extended, or renewed on or after January first, two thousand twenty- 28 four. 29 l. Commencing two years after the effective date of this subdivision 30 and biennially thereafter, the commissioner of the office of general 31 services shall issue a report to the governor, the temporary president 32 of the senate, and the speaker of the assembly, on the implementation of 33 this subdivision and subdivisions one and two of this section. 34 § 6. This act shall take effect immediately and shall apply to all 35 contracts and binding contractual obligations entered into on and after 36 such effective date.
