NYCL AGO 95-44.

• Case Date: September 05, 1995
• Court: New York

New York Attorney General Opinions 1995. AGO 95-44. September 5, 1995Informal Opinion No. 95-44Jeffrey Schanback, Esq. New York City Housing Authority Law Department 75 Park Place, New York, NY 10007CONSOLIDATED LAWS OF NEW YORK, BOOK 1, § 98; STATE FINANCE LAW § 165; L 1991 CH 663.State Finance Law § 165 was intended to prohibit the purchase of only those species of tropical hardwoods listed in the statute. We also conclude that the exemption for products from "a sustained, managed forest" is not defined in the statute.Dear Mr. Schanback: You have asked for an opinion on the scope of State Finance Law § 165.(fn1) That section, which was originally enacted in 1991, provides that

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.

State Finance Law § 165(2)(a). "Tropical hardwood" is defined as "any and all hardwood, scientifically classified as angiosperm, that grows in any tropical moist forest". State Finance Law § 165(1)(b). The definition goes on to state that "tropical hardwoods shall be the following species" and includes a list of approximately forty species. Id. You have pointed out that the first sentence of the definition embraces many tropical hardwoods that are not included on the list. You ask whether the list of species included in the statute is intended to be exhaustive or simply illustrative. Initially, we note that the statute contains two lists. Section 1(a) defines non-tropical hardwood species as

any and all hardwood that grows in any geographically temperate regions, as defined by the United States Forest Service, and is similar to tropical hardwood in density, texture, grain, stability or durability.

The section goes on to state

Non-tropical hardwoods, the use or purchase of which shall be preferred under this article, shall include, but not be limited to the following species:

A list of species follows. The list of non-tropical hardwoods is expressly stated to be illustrative and not exclusive. By contrast, the section dealing with tropical hardwoods does not by its terms include species that are not on the list. The Legislature's goal was to promote use of non-tropical...