What's happening
This bill amends state finance law to require certification and promote environmentally preferable alternatives for state purchases of tropical hardwoods.
Why it matters
Promotes Sustainable Sourcing. By requiring that any tropical hardwoods purchased by the state be certified as coming from a “sustained managed forest” by an independent third party, the bill pushes state spending toward forestry practices that are less damaging to global rainforests and biodiversity.
Encourages Greener Alternatives. The mandate to maximize the use of “environmentally preferable building materials” (like reclaimed wood, biobased material, and recycled products) can accelerate market demand and innovation in sustainable construction materials, potentially reducing environmental impacts from government-funded construction.
Increases Accountability and Transparency. The creation of an official list of eligible forest and chain of custody certifiers, with clear and rigorous standards (including on-the-ground audits by interdisciplinary teams), aims to prevent greenwashing and ensure that claims of sustainability are credible and verifiable.
Empowers Local Action. By explicitly allowing local governments to adopt even more restrictive purchasing laws on tropical hardwoods, the bill enables cities and counties to go further than state minimums, supporting local environmental priorities and potentially setting higher standards.
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Who cares
Headline styles
Tighten Tropical Wood Rules
Plain English, a few words. Used as the page title.
Sponsors
Senator · Senate District 26
No co-sponsors yet.
History
- Referred to finance
- Referred to finance
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
2896
2019-2020 Regular Sessions
IN SENATE
January 30, 2019
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 Assembly, 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 interest in the land or the management of the forests being evaluated, and independent from any timber trade association.
§ 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.
LBD02487-01-9
S. 2896 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 hardwoods or tropical hardwood products, wholesale or retail, in any form, and shall seek to maximize the use of environmentally preferable building materials by whatever means practicable by law.
§ 3. Section 165 of the state finance law is amended by adding a new subdivision 2-a to read as follows:
2-a. Eligible certifier list. a. The governor shall direct the appropriate department or agency that he or she so designates to create a list of eligible forest certifiers 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.
§ 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.
§ 5. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
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 provisions
Section 1 of the bill amends subdivision 1 of section 165 of the state finance law, adding six new paragraphs that set forth legislative defi- nitions.
Section 2 of the bill amends paragraph (a) of subdivision (2) of section 165 of the state finance law, which currently prohibits the purchase of tropical hardwood products, by adding that governmental agencies in the state shall also seek to maximize the use of environmentally preferable materials by any legal means.
Section 3 amends section 165 of the state finance law by adding a new section 2-a which allows for the Governor to direct the appropriate agency or department to create a list of eligible forest certifiers and chain of custody certifiers and empowers the designated agency to promulgate rules and regulations on eligibility requirements.
Section 4 amends subdivision (2) of section 165 of the state finance law by adding a new paragraph (e) which allows for local governments to adopt measures which are more restrictive than the provisions of this section.
Section 5 of the bill sets forth the effective date.
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 upon 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 rainfor- ests 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 derives from a sustainably managed forest provides a much more responsible approach by ensuring forests will not be destroyed in the process.
Fiscal impact on the state
None.
Fiscal impact on localities
None.
Impact on regulation of businesses and individuals
None.
Impact on fines, imprisonment, forfeiture of rights, or other penal sanctions
None.
Legislative history
2018: S7148 - REFERRED TO FINANCE 2017: A8583 - stricken 2016: A5839 - referred to governmental operations 2015: A5839 - referred to governmental operations
Effective date
This act shall take effect on the one hundredth and eightieth day after it shall have become a law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.