Bill Text: NY A04333 | 2023-2024 | General Assembly | Amended
Bill Title: Requires fashion sellers to be accountable to standardized environmental due diligence policies; establishes a fashion remediation fund.
Spectrum: Moderate Partisan Bill (Democrat 62-7)
Status: (Introduced) 2024-06-06 - reported referred to rules [A04333 Detail]
Download: New_York-2023-A04333-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 4333--C 2023-2024 Regular Sessions IN ASSEMBLY February 14, 2023 ___________ Introduced by M. of A. KELLES, EPSTEIN, SIMON, HEVESI, GONZALEZ-ROJAS, FORREST, BURGOS, WEPRIN, REYES, FAHY, STECK, SEAWRIGHT, MITAYNES, GALLAGHER, RAGA, SIMONE, SHRESTHA, CUNNINGHAM, BORES, OTIS, LEVENBERG, CARROLL, THIELE, STERN, L. ROSENTHAL, RAJKUMAR, KIM, GUNTHER, ANDER- SON, GLICK, LUNSFORD, BARRETT, SHIMSKY, MAMDANI, DINOWITZ, SANTABAR- BARA, JACOBSON, TAYLOR, CLARK, PAULIN, BICHOTTE HERMELYN, LAVINE, SLATER, EACHUS, DE LOS SANTOS, ARDILA, SILLITTI, SOLAGES, CONRAD, CRUZ, BENEDETTO, JACKSON, PRETLOW, TAPIA, STIRPE, MEEKS, LUPARDO, McMAHON, LEE, BURDICK, COLTON, ALVAREZ, DAVILA, McDONALD, BENDETT, K. BROWN, MCGOWAN, FLOOD, BLUMENCRANZ -- read once and referred to the Committee on Consumer Affairs and Protection -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- recommitted to the Committee on Consumer Affairs and Protection in accordance with Assembly Rule 3, sec. 2 -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the general business law, in relation to requiring fash- ion sellers to be accountable to environmental standards and estab- lishing the interstate fashion environment accountability act; and to amend the state finance law, in relation to establishing a fashion remediation fund The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "fashion environmental accountability act". 3 § 2. The general business law is amended by adding a new section 399- 4 mm to read as follows: 5 § 399-mm. Fashion environmental accountability act. 1. Definitions. 6 As used in this section, the following terms shall have the following 7 meanings: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD03469-11-4A. 4333--C 2 1 (a) "Doing business in this state" shall mean actively engaging in any 2 transaction for the purpose of financial or pecuniary gain or profit. 3 (b) "Gross receipts" shall mean the gross amounts realized, otherwise 4 known as the sum of money and the fair market value of other property or 5 services received, on the sale or exchange of property, the performance 6 of services, or the use of property or capital, including rents, royal- 7 ties, interest, and dividends, in a transaction that produces business 8 income, in which the income, gain, or loss is recognized, or would be 9 recognized if the transaction were in the United States, under the 10 Internal Revenue Code, as applicable for purposes of this section. 11 Amounts realized on the sale or exchange of property shall not be 12 reduced by the cost of goods sold or the basis of property sold. Gross 13 receipts, even if business income, shall not include the following 14 items: 15 (i) repayment, maturity, or redemption of the principal of a loan, 16 bond, mutual fund, certificate of deposit, or similar marketable instru- 17 ment; 18 (ii) the principal amount received under a repurchase agreement or 19 other transaction properly characterized as a loan; 20 (iii) proceeds from issuance of the taxpayer's own stock or from sale 21 of treasury stock; 22 (iv) damages and other amounts received as the result of litigation; 23 (v) property acquired by an agent on behalf of another; 24 (vi) tax refunds and other tax benefit recoveries; 25 (vii) pension reversions; 26 (viii) contributions to capital, except for sales of securities by 27 securities dealers; 28 (ix) income from discharge of indebtedness; 29 (x) amounts realized from exchanges of inventory that are not recog- 30 nized under the Internal Revenue Code; 31 (xi) amounts received from transactions in intangible assets held in 32 connection with a treasury function of the taxpayer's unitary business 33 and the gross receipts and overall net gains from the maturity, redemp- 34 tion, sale, exchange, or other disposition of those intangible assets; 35 and 36 (xii) amounts received from hedging transactions involving intangible 37 assets. A "hedging transaction" means a transaction related to the 38 taxpayer's trading function involving futures and options transactions 39 for the purpose of hedging price risk of the products or commodities 40 consumed, produced, or sold by the taxpayer. 41 (c) "Fashion seller" shall mean a business entity which sells articles 42 of wearing apparel, footwear, or fashion bags that together exceed one 43 hundred million dollars in annual gross receipts, but shall not include 44 the sale of used wearing apparel, footwear, or fashion bags, nor shall 45 it include multi-brand retailers, except where the apparel, footwear, 46 and fashion bag private labels of those companies together exceed one 47 hundred million dollars in global revenue. 48 (d) "Article of wearing apparel" shall mean any costume or article of 49 clothing worn or intended to be worn by individuals. 50 (e) "Footwear" shall mean any covering worn or intended to be worn on 51 the foot. 52 (f) "Fashion bag" shall mean flexible packaging made of textiles, 53 leather or other animal products, woven material or other similar mate- 54 rials intended for repeated use. 55 (g) "Due diligence" shall mean the comprehensive process companies 56 shall carry out to identify, cease, prevent, mitigate, account for, andA. 4333--C 3 1 remediate actual and potential adverse impacts to the environment in 2 their own operations and in their supply chain, in compliance with, at a 3 minimum, the standards outlined in the most recent Organisation for 4 Economic Co-operation and Development Guidelines for Multinational 5 Enterprises, and the most recent Organisation for Economic Co-operation 6 and Development Due Diligence Guidance for Responsible Supply Chains in 7 the Garment and Footwear Sector. 8 (h) "Due diligence report" shall mean the document prepared by the 9 company to communicate all relevant information concerning the exist- 10 ence, implementation and outcomes of due diligence in order to comply 11 with the requirements of this section, and to comply with any rules or 12 regulations established pursuant to this section. 13 (i) "Risk-based approach" shall mean commensurate to the likelihood 14 and severity of the harm. The fashion seller shall prioritize the order 15 in which it takes action based on the likelihood and severity of harm. 16 Severity of impacts shall be determined according to their scale or 17 gravity, scope, and irremediable character. 18 (j) "Supply chain tiers" shall mean a four tier system defined as the 19 following: 20 (i) "Tier one" shall mean suppliers who produce finished goods for 21 fashion sellers, including suppliers' subcontractors, who provide the 22 following services, including but not limited to sewing and embroider- 23 ing; 24 (ii) "Tier two" shall mean suppliers to tier one, including subcon- 25 tractors, who provide the following services or goods, including but not 26 limited to knitting, weaving, washing, dyeing, finishing, printing for 27 finished goods, and components and materials for finished goods when 28 they are stand-alone operations and not integrated with tier one. Compo- 29 nents shall mean materials used to build a product, including but not 30 limited to buttons, zippers, rubber soles, down, and fusibles; 31 (iii) "Tier three" shall mean suppliers to tier two suppliers, includ- 32 ing subcontractors, who process raw materials, such as ginning, spin- 33 ning, and suppliers of chemicals; and 34 (iv) "Tier four" shall mean companies, including subcontractors, that 35 provide raw materials to tier three. 36 (k) "Independently verified" shall mean audited by a verification body 37 accredited by the department of state as described in subdivision five 38 of this section. 39 (l) "Living wage" shall mean the remuneration received for a standard 40 workweek by a worker in a particular place sufficient to afford a decent 41 standard of living for such worker and their family. Elements of a 42 decent standard of living include food, water, housing, education, 43 health care, transportation, clothing, and other essential needs includ- 44 ing provision for unexpected events. Living wage shall be determined 45 exclusive of overtime wages and by net wages including in-kind and cash 46 benefits, and deducting taxes and deductions. 47 (m) "Open data principles" shall mean data that can be freely used, 48 reused and redistributed by anyone. Such data shall be findable or easi- 49 ly discoverable on a website or within a database, accessible or avail- 50 able in a machine readable, convenient, modifiable form and published as 51 a whole, complete dataset, interoperable or able to be mixed with 52 different datasets, and reusable or provided under an open license that 53 permits reuse and redistribution, including the intermixing with other 54 datasets.A. 4333--C 4 1 (n) "Employee" shall mean all workers, whether full-time or part-time, 2 permanent or fixed-term, directly contracted or hired indirectly through 3 an agency or other intermediary. 4 2. Due Diligence. (a) Every fashion seller shall effectively carry out 5 environmental due diligence for the portions of their business related 6 to wearing apparel, footwear or fashion bags, including wearing apparel, 7 footwear or fashion bags produced as a private label, which shall 8 include: 9 (i) supply chain mapping: 10 (1) companies taking a risk-based approach and implementing good faith 11 efforts to map suppliers across tier one through tier four of 12 production. 13 (2) disclosure of suppliers of the production supply chain including: 14 the name, parent company and product type at each site by country, filed 15 by the following: 16 (A) Tier one suppliers shall be disclosed within twelve months of the 17 effective date of this section, and shall contain a minimum of seventy- 18 five percent of suppliers by volume. 19 (B) Tier two suppliers shall be disclosed within two years of the 20 effective date of this section, and shall contain a minimum of seventy- 21 five percent of suppliers by volume. 22 (C) Tier three suppliers shall be disclosed within three years of the 23 effective date of this section and shall contain a minimum of fifty 24 percent of suppliers by volume or dollar value. 25 (D) Tier four suppliers shall be disclosed within four years of the 26 effective date of this section and shall contain a minimum of fifty 27 percent of suppliers by volume or dollar value. 28 (ii) in carrying out effective due diligence, fashion sellers shall be 29 in compliance with the Organisation for Economic Co-operation and Devel- 30 opment Guidelines for Multinational Enterprises and the Organisation for 31 Economic Co-operation and Development Due Diligence Guidance for Respon- 32 sible Supply Chains in the Garment and Footwear Sector, requiring fash- 33 ion sellers to, at a minimum: 34 (1) embed responsible business conduct into the company's policies and 35 management systems; 36 (2) identify areas of significant risks in the contexts of its own 37 activities and business and supply chain relationships; 38 (3) identify, prioritize, and assess the significant potential and 39 actual adverse impacts of those risks; 40 (4) cease, prevent or mitigate those risks. This shall include, but 41 not be limited to: 42 (A) incentivizing improved supplier performance on environmental 43 impact by embedding responsible purchasing practices in its supply chain 44 relationships and contracts, including but not limited to contract 45 renewals, longer term contracts, price premiums, providing reasonable 46 assistance to suppliers so that they can meet applicable environmental 47 standards including but not limited to meeting the carbon emission 48 reduction targets set out in this act, and developing pricing models 49 that account for the cost investments. 50 (B) establishing quantitative baseline and reduction targets on green- 51 house gas emissions. Greenhouse gas emissions inventory shall be 52 reported annually, starting in two thousand twenty-six for emissions in 53 the prior fiscal year; include absolute figures; and conform with the 54 rules and regulations made by the department of state in consultation 55 with the department of environmental conservation based on the account- 56 ing and reporting requirements of the most recent Greenhouse Gas Proto-A. 4333--C 5 1 col Corporate Accounting and Reporting Standard, Scope Two Guidance, 2 and, starting in two thousand twenty-seven, the most recent Corporate 3 Value Chain Scope Three accounting and reporting standard promulgated by 4 the World Resources Institute and the World Business Council for 5 Sustainable Development. Greenhouse gas emissions inventory reported in 6 the due diligence report required pursuant to subdivision three of this 7 section shall be independently verified no less than once every two 8 years. Fashion sellers shall not be subject to an administrative penalty 9 under this section for any misstatements with regard to scope three 10 emissions disclosures made with a reasonable basis and disclosed in good 11 faith. Within four years of the effective date of this section, primary 12 data shall be used to capture the fashion seller's tier two and tier 13 three inventory of its most significant suppliers contributing to green- 14 house gas emissions. Significant suppliers shall mean suppliers repres- 15 enting seventy-five percent of fabric by volume in tier two and fifty 16 percent of fabric by volume in tier three. Greenhouse gas emission 17 reduction targets must be near-term and long-term, covering scopes one, 18 two and three emissions, and align with the rules and regulations made 19 by the department of state in consultation with the department of envi- 20 ronmental conservation based on, at a minimum, Science Based Target 21 initiative's most recent target validation criteria as promulgated by 22 World Resources Institute, CDP, United Nations Global Compact and the 23 World Wildlife Fund. Compliance with the rules and regulations made by 24 the department of state shall not waive compliance requirements related 25 to greenhouse gas emissions in any other provision of law. For fashion 26 sellers with global revenue over one billion dollars, the absolute 27 contraction approach must be used to calculate scope three emissions. 28 Fashion sellers shall meet targets and report their compliance on an 29 annual basis in their due diligence report, as required pursuant to 30 subdivision three of this section. If found to be out of compliance, 31 fashion sellers shall have eighteen months to remedy their emissions and 32 return to the necessary reduction pathway to deliver on their targets. 33 In non-target years, non-compliance shall mean an increase in absolute 34 emissions in three consecutive years, for companies over a billion 35 dollars in revenue. In target years, non-compliance shall mean not 36 reaching the target; 37 (C) being in compliance with the rules and regulations made by the 38 department of state in consultation with the department of environmental 39 conservation based on, at a minimum, the Zero Discharge of Hazardous 40 Chemicals Program's most recent wastewater guidelines, fashion sellers 41 shall be required, for all significant tier two dyeing, finishing and 42 garment washing suppliers, to sample and report on wastewater chemical 43 concentrations and water usage, within two years of the effective date 44 of this section. Such reports shall be independently verified. Fashion 45 sellers shall also provide corrective action plans for their wastewater 46 treatment within thirty months of the effective date of this section. 47 After three years of the effective date of this section, fashion sellers 48 shall be considered out of compliance if their significant tier two 49 dyeing, finishing and garment suppliers have not made adequate progress 50 in remediation of wastewater pollution concentrations. Significant 51 suppliers shall mean suppliers representing seventy-five percent of 52 fabric by volume. Compliance with the rules and regulations made by the 53 department of state shall not waive compliance requirements related to 54 greenhouse gas emissions in any other provision of law; 55 (D) utilizing responsible exit or disengagement strategies;A. 4333--C 6 1 (E) consulting and engaging with impacted and potentially impacted 2 stakeholders and rights holders and their representatives; 3 (5) track implementation and results; 4 (6) provide for or co-operate in remediation in the event of an 5 adverse impact: 6 (A) remedies shall seek to restore the affected person or persons, 7 where practicable, to the situation they would have been in had the 8 adverse impact not occurred and shall enable remediation that is propor- 9 tionate to the significance and scale of the adverse impact; and 10 (B) remedies shall include, depending on the nature and extent of the 11 adverse impact, remediation, restitution or financial or non-financial 12 compensation, including establishing compensation funds for victims or 13 for future outreach and educational programs, punitive sanctions includ- 14 ing the dismissals of staff responsible for wrongdoing, and establishing 15 and undertaking measures to prevent future adverse impacts, which may 16 include, but are not limited to the development of internal protocols, 17 practices and procedures to prevent future adverse impacts. 18 (b) The due diligence requirements pursuant to this subdivision shall 19 not be conditional upon the company being effectively involved in the 20 subsidiary's day-to-day operations or exercising a sufficient degree of 21 control on companies within its supply chain. 22 3. Reporting. Every fashion seller shall develop and submit to the 23 department of state annually, beginning within eighteen months of the 24 effective date of this section, a due diligence report. 25 (a) Such report, excluding the information required in clause two of 26 subparagraph (i) of paragraph (a) of subdivision two of this section, 27 shall also be made publicly available on the fashion seller's website in 28 a machine readable and reusable format, published in line with open data 29 principles through a clear and easily discoverable link to the required 30 information. In the event the fashion seller does not have an internet 31 website, the company shall provide a written disclosure to any person 32 who has requested information within thirty days of receiving a request. 33 Such report shall also include the fashion seller's annual volume of 34 material produced, including breakdown by material type. 35 (b) Such report shall contain annual activities and financial spending 36 to support supply chain due diligence. 37 (c) The department of state shall identify and notify fashion sellers 38 that have failed to file a due diligence report that they have thirty 39 days to file such report before being placed on a public non-compliant 40 list and that they may be referred to the attorney general for investi- 41 gation. 42 (d) The department of state shall review the due diligence reports for 43 completeness. 44 (e) Fashion sellers shall have twelve months from the introduction of 45 any updated guidance documents to integrate such guidance into the next 46 annual due diligence report. 47 (f) The department of state shall establish a standardized due dili- 48 gence report format model and publish such model due diligence report 49 online for use by fashion sellers in compliance with this section. 50 4. Regulations. (a) The department of state shall, in consultation 51 with the department of environmental conservation, promulgate all rules 52 and regulations necessary to implement the provisions of this section 53 within six months from the effective date of this section. 54 (b) The department of state, in consultation with the department of 55 environmental conservation, shall also develop and disseminate educa- 56 tional materials to fashion sellers, including providing alerts on timeA. 4333--C 7 1 sensitive issues, emerging issues, and high-risk country situations, and 2 assisting fashion sellers in improving the quality of their due dili- 3 gence processes. 4 (c) The department of state shall develop regulations regarding the 5 information required to be reported by fashion sellers in the due dili- 6 gence report in item (B) of clause four of subparagraph (ii) of para- 7 graph (a) of subdivision two of this section. Such regulations shall be 8 developed in consultation with the department of environmental conserva- 9 tion and the most recent Greenhouse Gas Protocol. Such regulations shall 10 develop methodologies to calculate data capture as laid out in item (A) 11 of clause four of subparagraph (ii) of paragraph (a) of subdivision two 12 of this section, prior to that requirement becoming effective. 13 (d) The department of state shall develop regulations regarding the 14 information required to be reported by fashion sellers in the due dili- 15 gence report in item (C) of clause four of subparagraph (ii) of para- 16 graph (a) of subdivision two of this section. Such regulations shall be 17 developed in consultation with the department of environmental conserva- 18 tion and the Zero Discharge Hazardous Chemicals Program's most recent 19 wastewater guidelines. 20 (e) The department of state shall develop regulations on reporting 21 requirements that minimize duplication of effort and allows a fashion 22 seller to submit a due diligence report to the department of state that 23 is prepared to meet other national and international reporting require- 24 ments, including any reports required by the federal government, as long 25 as such reports satisfy all of the requirements of subdivision two of 26 this section. 27 5. Verification. (a) The department of state shall, in consultation 28 with the department of environmental conservation, develop a process for 29 accrediting verification bodies authorized to provide verification 30 services for the purposes of this section, including which requirements 31 the entity is authorized to verify. 32 (b) Such process shall at a minimum consider: 33 (i) the demonstrated qualifications of verification staff, including 34 their education, experience, and professional licenses. Verification 35 bodies must employ and retain at least five total full-time staff with 36 expertise in the requirements they seek to verify under this section; 37 (ii) any judicial proceedings, enforcement actions, or administrative 38 actions filed against the body within the previous five years; and 39 (iii) the policies and mechanisms in place to prevent conflicts of 40 interest and to identify and resolve potential conflict of interest 41 situations if they arise. The department shall require applicants to 42 submit the following information, at a minimum: 43 (1) identification of services provided by the verification body, the 44 industries that the body serves, and the locations where those services 45 are provided; 46 (2) a detailed organizational chart that includes the verification 47 body, its management structure, and any related entities; and 48 (3) the verification body's internal conflict of interest policy that 49 identifies activities and limits to monetary or non-monetary gifts that 50 apply to all employees and procedures to monitor conflicts of interest. 51 (c) Verification bodies shall not be authorized to provide services to 52 a company where a conflict of interest exists. A conflict of interest 53 shall include: 54 (i) where the verification body and reporting entity share any manage- 55 ment staff or board of directors membership, or any of the seniorA. 4333--C 8 1 management staff of the reporting entity have been employed by the 2 verification body, or vice versa, within the previous five years; 3 (ii) any employee of the verification body, or any employee of a 4 related entity, or a subcontractor who is a member of the verification 5 team has provided the reporting entity with services related to the 6 areas of verification, or any services designated by the department of 7 state, within the previous five years; 8 (iii) any staff member of the verification body provides any type of 9 non-monetary incentive to a reporting entity to secure a verification 10 services contract; and 11 (iv) any additional criteria provided by the department of state. 12 (d) Verification bodies that have been accredited by the department of 13 state shall notify the department within thirty days if they no longer 14 meet the verification requirements set forth by this section. 15 6. Monitoring and enforcement. (a) The requirements imposed on fashion 16 sellers by this section shall be monitored, investigated, and enforced 17 by the attorney general or an administrator designated by the attorney 18 general to bring civil proceedings for an injunction, or fines for mone- 19 tary damages as described in this section, or civil performance of a 20 statutory duty. Fashion sellers shall be deemed non-compliant with this 21 section if they fail to conduct effective due diligence pursuant to 22 subdivision two of this section or fail to file a due diligence report 23 pursuant to subdivision three of this section. 24 (b) The department of state shall identify and notify fashion sellers 25 that have failed to file a complete due diligence report in accordance 26 with the rules and regulations promulgated by the department of state in 27 consultation with the department of environmental conservation. If such 28 fashion sellers fail to file a complete report, after a period of three 29 months, the department of state shall refer fashion sellers to the 30 attorney general for enforcement for failure to file a complete report. 31 (c) The department of environmental conservation shall review and 32 certify effective due diligence for environmental matters in the due 33 diligence report and identify fashion sellers for referral to the attor- 34 ney general for any failures. 35 (d) The department of state shall compile and maintain a list of non- 36 compliant fashion sellers on the department's website. The department of 37 state shall refer to the attorney general for investigation any fashion 38 seller who fails to file a due diligence report or fails to conduct 39 effective due diligence, once any grace period lapses and the fashion 40 seller remains in non-compliance. 41 (e) Fashion sellers found to have failed to conduct effective due 42 diligence pursuant to subdivision two of this section or failed to file 43 a complete due diligence report pursuant to subdivision three of this 44 section, after the attorney general, or the attorney general's desig- 45 nated administrator, as applicable, has provided notice of non-compli- 46 ance, and after a three-month period to meet obligations under this 47 section has lapsed, may be assessed a civil penalty not to exceed 48 fifteen thousand dollars per violation per day. Such fines shall be 49 deposited in the community benefit fund established by section ninety- 50 seven-ccc of the state finance law. 51 (f) The attorney general, or the attorney general's designated admin- 52 istrator shall use a risk-based approach in enforcement and shall 53 publish enforcement guidelines. 54 (g) Any person may report a violation of this section to the attorney 55 general's office.A. 4333--C 9 1 § 3. The state finance law is amended by adding a new section 97-ccc 2 to read as follows: 3 § 97-ccc. Fashion remediation fund. 1. There is hereby established in 4 the joint custody of the comptroller, the commissioner of taxation and 5 finance, the commissioner of environmental conservation, and the commis- 6 sioner of labor a special fund to be known as the fashion remediation 7 fund. 8 2. Such fund shall consist of all moneys deposited pursuant to para- 9 graph (c) of subdivision six of section three hundred ninety-nine-mm of 10 the general business law. 11 3. The moneys in the fund shall be expended by the comptroller for the 12 purpose of implementing one or more environmental benefit projects or 13 environmental remediation projects that directly and verifiably benefit 14 the workers and communities directly impacted, to the extent practica- 15 ble, at the location the injury has occurred. 16 4. On or before the first day of February each year, the comptroller 17 shall certify to the temporary president of the senate, and the speaker 18 of the assembly, the amount of money deposited by source in the fund 19 during the preceding calendar year, as well as all disbursements from 20 the fund during the preceding calendar year. 21 5. Moneys shall be payable from the fund on the audit and warrant of 22 the comptroller on vouchers certified and approved by the commissioner 23 of environmental conservation as applicable. 24 § 4. The attorney general shall certify to the governor that the 25 office of the attorney general is prepared to execute the duties 26 assigned in subdivision 6 of section 399-mm of the general business law 27 within one year following the effective date of this act. If, after the 28 expiration of one year, the attorney general requires more time to 29 certify that the office of the attorney general is prepared to execute 30 such duties, the attorney general may, for good cause shown, apply to 31 the governor for an extension of time. The governor may grant or deny an 32 extension of up to one year according to their discretion. 33 § 5. Severability. If any word, phrase, clause, sentence, paragraph, 34 section, or part of this act shall be adjudged by any court of competent 35 jurisdiction to be invalid, such judgment shall not affect, impair, or 36 invalidate the remainder thereof, but shall be confined in its operation 37 to the word, phrase, clause, sentence, paragraph, section, or part ther- 38 eof directly involved in the controversy in which such judgment shall 39 have been rendered. 40 § 6. The department of state, in consultation with the department of 41 environmental conservation, shall promulgate rules and regulations 42 necessary for the implementation of this act within one hundred eighty 43 days of the effective date of this act. 44 § 7. This act shall take effect immediately; provided, however, that 45 sections one through three of this act shall take effect one year after 46 they shall have become a law; provided further, however, that subdivi- 47 sion 6 of section 399-mm of the general business law as added by section 48 two of this act shall take effect one year after the attorney general 49 certifies that the office of the attorney general is prepared to execute 50 the duties assigned in such subdivision. The attorney general shall 51 notify the legislative bill drafting commission upon the occurrence of 52 such certification in order that the commission may maintain an accurate 53 and timely effective data base of the official text of the laws of the 54 state of New York in furtherance of effectuating the provisions of 55 section 44 of the legislative law and section 70-b of the public offi- 56 cers law.
