S 4558: Requires fashion sellers to carry out environmental due diligence for the portions of their business related to wearing apparel, footwear or fashion bags, including wearing apparel, footwear or fashion bags produced as a private label; establishes a fashion remediation fund.
This act requires fashion sellers to be accountable to environmental standards. A fashion seller is defined as a business entity that sells articles of wearing apparel, footwear, or fashion bags exceeding $100 million in annual gross receipts. The bill establishes a four-tier supply chain system, requiring fashion sellers to disclose suppliers across all tiers. Fashion sellers must carry out environmental due diligence, including mapping their supply chain, disclosing suppliers, and implementing good faith efforts to address potential environmental impacts. The disclosure requirements increase for each tier, with tier one suppliers disclosed within 12 months, tier two suppliers within 2 years, and so on. The bill also introduces the concept of "due diligence reports," which must be prepared by fashion sellers to communicate information about their due diligence efforts. The reports must…
- What is the current status of S 4558?
- As of June 3, 2025, S 4558 is recorded as "Introduced": it has been introduced and is waiting for its first committee hearing or floor vote. The last recorded action, on April 7, 2025, was "AMEND AND RECOMMIT TO CONSUMER PROTECTION".
- Did S 4558 pass?
- Not yet. S 4558 has been introduced and has not passed either house.
- Who wrote S 4558, and where is it now?
- S 4558 was authored by Sen. Brad Hoylman-Sigal with 12 coauthors.
| Apr. 07, 2025 | AMEND AND RECOMMIT TO CONSUMER PROTECTION |
| Apr. 07, 2025 | PRINT NUMBER 4558B |
| Feb. 20, 2025 | AMEND AND RECOMMIT TO CONSUMER PROTECTION |
| Feb. 20, 2025 | PRINT NUMBER 4558A |
| Feb. 07, 2025 | REFERRED TO CONSUMER PROTECTION |
STATE OF NEW YORK ________________________________________________________________________ 4558 2025-2026 Regular Sessions IN SENATE February 7, 2025 ___________ Introduced by Sens. HOYLMAN-SIGAL, BRISPORT, CLEARE, FERNANDEZ, GIANAR- IS, GONZALEZ, GOUNARDES, HARCKHAM, HINCHEY, JACKSON, KAVANAGH, KRUEG- ER, LIU, MAY, MYRIE, RIVERA, S. RYAN, SALAZAR, SEPULVEDA, SERRANO, SKOUFIS, WEBB -- read twice and ordered printed, and when printed to be committed to the Committee on Consumer Protection 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: 8 (a) "Doing business in this state" shall mean actively engaging in any 9 transaction for the purpose of financial or pecuniary gain or profit. 10 (b) "Gross receipts" shall mean the gross amounts realized, otherwise 11 known as the sum of money and the fair market value of other property or 12 services received, on the sale or exchange of property, the performance 13 of services, or the use of property or capital, including rents, royal- 14 ties, interest, and dividends, in a transaction that produces business 15 income, in which the income, gain, or loss is recognized, or would be 16 recognized if the transaction were in the United States, under the 17 Internal Revenue Code, as applicable for purposes of this section. 18 Amounts realized on the sale or exchange of property shall not be 19 reduced by the cost of goods sold or the basis of property sold. Gross EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD01707-01-5S. 4558 2 1 receipts, even if business income, shall not include the following 2 items: 3 (i) repayment, maturity, or redemption of the principal of a loan, 4 bond, mutual fund, certificate of deposit, or similar marketable instru- 5 ment; 6 (ii) the principal amount received under a repurchase agreement or 7 other transaction properly characterized as a loan; 8 (iii) proceeds from issuance of the taxpayer's own stock or from sale 9 of treasury stock; 10 (iv) damages and other amounts received as the result of litigation; 11 (v) property acquired by an agent on behalf of another; 12 (vi) tax refunds and other tax benefit recoveries; 13 (vii) pension reversions; 14 (viii) contributions to capital, except for sales of securities by 15 securities dealers; 16 (ix) income from discharge of indebtedness; 17 (x) amounts realized from exchanges of inventory that are not recog- 18 nized under the Internal Revenue Code; 19 (xi) amounts received from transactions in intangible assets held in 20 connection with a treasury function of the taxpayer's unitary business 21 and the gross receipts and overall net gains from the maturity, redemp- 22 tion, sale, exchange, or other disposition of those intangible assets; 23 and 24 (xii) amounts received from hedging transactions involving intangible 25 assets. A "hedging transaction" means a transaction related to the 26 taxpayer's trading function involving futures and options transactions 27 for the purpose of hedging price risk of the products or commodities 28 consumed, produced, or sold by the taxpayer. 29 (c) "Fashion seller" shall mean a business entity which sells articles 30 of wearing apparel, footwear, or fashion bags that together exceed one 31 hundred million dollars in annual gross receipts, but shall not include 32 the sale of used wearing apparel, footwear, or fashion bags, nor shall 33 it include multi-brand retailers, except where the apparel, footwear, 34 and fashion bag private labels of those companies together exceed one 35 hundred million dollars in global revenue. 36 (d) "Article of wearing apparel" shall mean any costume or article of 37 clothing worn or intended to be worn by individuals. 38 (e) "Footwear" shall mean any covering worn or intended to be worn on 39 the foot. 40 (f) "Fashion bag" shall mean flexible packaging made of textiles, 41 leather or other animal products, woven material or other similar mate- 42 rials intended for repeated use. 43 (g) "Due diligence" shall mean the comprehensive process companies 44 shall carry out to identify, cease, prevent, mitigate, account for, and 45 remediate actual and potential adverse impacts to the environment in 46 their own operations and in their supply chain, in compliance with, at a 47 minimum, the standards outlined in the most recent Organisation for 48 Economic Co-operation and Development Guidelines for Multinational 49 Enterprises, and the most recent Organisation for Economic Co-operation 50 and Development Due Diligence Guidance for Responsible Supply Chains in 51 the Garment and Footwear Sector. 52 (h) "Due diligence report" shall mean the document prepared by the 53 company to communicate all relevant information concerning the exist- 54 ence, implementation and outcomes of due diligence in order to comply 55 with the requirements of this section, and to comply with any rules or 56 regulations established pursuant to this section.S. 4558 3 1 (i) "Risk-based approach" shall mean commensurate to the likelihood 2 and severity of the harm. The fashion seller shall prioritize the order 3 in which it takes action based on the likelihood and severity of harm. 4 Severity of impacts shall be determined according to their scale or 5 gravity, scope, and irremediable character. 6 (j) "Supply chain tiers" shall mean a four tier system defined as the 7 following: 8 (i) "Tier one" shall mean suppliers who produce finished goods for 9 fashion sellers, including suppliers' subcontractors, who provide the 10 following services, including but not limited to sewing and embroider- 11 ing; 12 (ii) "Tier two" shall mean suppliers to tier one, including subcon- 13 tractors, who provide the following services or goods, including but not 14 limited to knitting, weaving, washing, dyeing, finishing, printing for 15 finished goods, and components and materials for finished goods when 16 they are stand-alone operations and not integrated with tier one. Compo- 17 nents shall mean materials used to build a product, including but not 18 limited to buttons, zippers, rubber soles, down, and fusibles; 19 (iii) "Tier three" shall mean suppliers to tier two suppliers, includ- 20 ing subcontractors, who process raw materials, such as ginning, spin- 21 ning, and suppliers of chemicals; and 22 (iv) "Tier four" shall mean companies, including subcontractors, that 23 provide raw materials to tier three. 24 (k) "Independently verified" shall mean audited by a verification body 25 accredited by the department of state as described in subdivision five 26 of this section. 27 (l) "Living wage" shall mean the remuneration received for a standard 28 workweek by a worker in a particular place sufficient to afford a decent 29 standard of living for such worker and their family. Elements of a 30 decent standard of living include food, water, housing, education, 31 health care, transportation, clothing, and other essential needs includ- 32 ing provision for unexpected events. Living wage shall be determined 33 exclusive of overtime wages and by net wages including in-kind and cash 34 benefits, and deducting taxes and deductions. 35 (m) "Open data principles" shall mean data that can be freely used, 36 reused and redistributed by anyone. Such data shall be findable or easi- 37 ly discoverable on a website or within a database, accessible or avail- 38 able in a machine readable, convenient, modifiable form and published as 39 a whole, complete dataset, interoperable or able to be mixed with 40 different datasets, and reusable or provided under an open license that 41 permits reuse and redistribution, including the intermixing with other 42 datasets. 43 (n) "Employee" shall mean all workers, whether full-time or part-time, 44 permanent or fixed-term, directly contracted or hired indirectly through 45 an agency or other intermediary. 46 2. Due Diligence. (a) Every fashion seller shall effectively carry out 47 environmental due diligence for the portions of their business related 48 to wearing apparel, footwear or fashion bags, including wearing apparel, 49 footwear or fashion bags produced as a private label, which shall 50 include: 51 (i) supply chain mapping: 52 (1) companies taking a risk-based approach and implementing good faith 53 efforts to map suppliers across tier one through tier four of 54 production.S. 4558 4 1 (2) disclosure of suppliers of the production supply chain including: 2 the name, parent company and product type at each site by country, filed 3 by the following: 4 (A) Tier one suppliers shall be disclosed within twelve months of the 5 effective date of this section, and shall contain a minimum of seventy- 6 five percent of suppliers by volume. 7 (B) Tier two suppliers shall be disclosed within two years of the 8 effective date of this section, and shall contain a minimum of seventy- 9 five percent of suppliers by volume. 10 (C) Tier three suppliers shall be disclosed within three years of the 11 effective date of this section and shall contain a minimum of fifty 12 percent of suppliers by volume or dollar value. 13 (D) Tier four suppliers shall be disclosed within four years of the 14 effective date of this section and shall contain a minimum of fifty 15 percent of suppliers by volume or dollar value. 16 (ii) in carrying out effective due diligence, fashion sellers shall be 17 in compliance with the Organisation for Economic Co-operation and Devel- 18 opment Guidelines for Multinational Enterprises and the Organisation for 19 Economic Co-operation and Development Due Diligence Guidance for Respon- 20 sible Supply Chains in the Garment and Footwear Sector, requiring fash- 21 ion sellers to, at a minimum: 22 (1) embed responsible business conduct into the company's policies and 23 management systems; 24 (2) identify areas of significant risks in the contexts of its own 25 activities and business and supply chain relationships; 26 (3) identify, prioritize, and assess the significant potential and 27 actual adverse impacts of those risks; 28 (4) cease, prevent or mitigate those risks. This shall include, but 29 not be limited to: 30 (A) incentivizing improved supplier performance on environmental 31 impact by embedding responsible purchasing practices in its supply chain 32 relationships and contracts, including but not limited to contract 33 renewals, longer term contracts, price premiums, providing reasonable 34 assistance to suppliers so that they can meet applicable environmental 35 standards including but not limited to meeting the carbon emission 36 reduction targets set out in this act, and developing pricing models 37 that account for the cost investments. 38 (B) establishing quantitative baseline and reduction targets on green- 39 house gas emissions. Greenhouse gas emissions inventory shall be 40 reported annually, starting in two thousand twenty-seven for emissions 41 in the prior fiscal year; include absolute figures; and conform with the 42 rules and regulations made by the department of state in consultation 43 with the department of environmental conservation based on the account- 44 ing and reporting requirements of the most recent Greenhouse Gas Proto- 45 col Corporate Accounting and Reporting Standard, Scope Two Guidance, 46 and, starting in two thousand twenty-eight, the most recent Corporate 47 Value Chain Scope Three accounting and reporting standard promulgated by 48 the World Resources Institute and the World Business Council for 49 Sustainable Development. Greenhouse gas emissions inventory reported in 50 the due diligence report required pursuant to subdivision three of this 51 section shall be independently verified no less than once every two 52 years. Fashion sellers shall not be subject to an administrative penalty 53 under this section for any misstatements with regard to scope three 54 emissions disclosures made with a reasonable basis and disclosed in good 55 faith. Within four years of the effective date of this section, primary 56 data shall be used to capture the fashion seller's tier two and tierS. 4558 5 1 three inventory of its most significant suppliers contributing to green- 2 house gas emissions. Significant suppliers shall mean suppliers repres- 3 enting seventy-five percent of fabric by volume in tier two and fifty 4 percent of fabric by volume in tier three. Greenhouse gas emission 5 reduction targets must be near-term and long-term, covering scopes one, 6 two and three emissions, and align with the rules and regulations made 7 by the department of state in consultation with the department of envi- 8 ronmental conservation based on, at a minimum, Science Based Target 9 initiative's most recent target validation criteria as promulgated by 10 World Resources Institute, CDP, United Nations Global Compact and the 11 World Wildlife Fund. Compliance with the rules and regulations made by 12 the department of state shall not waive compliance requirements related 13 to greenhouse gas emissions in any other provision of law. For fashion 14 sellers with global revenue over one billion dollars, the absolute 15 contraction approach must be used to calculate scope three emissions. 16 Fashion sellers shall meet targets and report their compliance on an 17 annual basis in their due diligence report, as required pursuant to 18 subdivision three of this section. If found to be out of compliance, 19 fashion sellers shall have eighteen months to remedy their emissions and 20 return to the necessary reduction pathway to deliver on their targets. 21 In non-target years, non-compliance shall mean an increase in absolute 22 emissions in three consecutive years, for companies over a billion 23 dollars in revenue. In target years, non-compliance shall mean not 24 reaching the target; 25 (C) being in compliance with the rules and regulations made by the 26 department of state in consultation with the department of environmental 27 conservation based on, at a minimum, the Zero Discharge of Hazardous 28 Chemicals Program's most recent wastewater guidelines, fashion sellers 29 shall be required, for all significant tier two dyeing, finishing and 30 garment washing suppliers, to sample and report on wastewater chemical 31 concentrations and water usage, within two years of the effective date 32 of this section. Such reports shall be independently verified. Fashion 33 sellers shall also provide corrective action plans for their wastewater 34 treatment within thirty months of the effective date of this section. 35 After three years of the effective date of this section, fashion sellers 36 shall be considered out of compliance if their significant tier two 37 dyeing, finishing and garment suppliers have not made adequate progress 38 in remediation of wastewater pollution concentrations. Significant 39 suppliers shall mean suppliers representing seventy-five percent of 40 fabric by volume. Compliance with the rules and regulations made by the 41 department of state shall not waive compliance requirements related to 42 greenhouse gas emissions in any other provision of law; 43 (D) utilizing responsible exit or disengagement strategies; 44 (E) consulting and engaging with impacted and potentially impacted 45 stakeholders and rights holders and their representatives; 46 (5) track implementation and results; 47 (6) provide for or co-operate in remediation in the event of an 48 adverse impact: 49 (A) remedies shall seek to restore the affected person or persons, 50 where practicable, to the situation they would have been in had the 51 adverse impact not occurred and shall enable remediation that is propor- 52 tionate to the significance and scale of the adverse impact; and 53 (B) remedies shall include, depending on the nature and extent of the 54 adverse impact, remediation, restitution or financial or non-financial 55 compensation, including establishing compensation funds for victims or 56 for future outreach and educational programs, punitive sanctions includ-S. 4558 6 1 ing the dismissals of staff responsible for wrongdoing, and establishing 2 and undertaking measures to prevent future adverse impacts, which may 3 include, but are not limited to the development of internal protocols, 4 practices and procedures to prevent future adverse impacts. 5 (b) The due diligence requirements pursuant to this subdivision shall 6 not be conditional upon the company being effectively involved in the 7 subsidiary's day-to-day operations or exercising a sufficient degree of 8 control on companies within its supply chain. 9 3. Reporting. Every fashion seller shall develop and submit to the 10 department of state annually, beginning within eighteen months of the 11 effective date of this section, a due diligence report. 12 (a) Such report, excluding the information required in clause two of 13 subparagraph (i) of paragraph (a) of subdivision two of this section, 14 shall also be made publicly available on the fashion seller's website in 15 a machine readable and reusable format, published in line with open data 16 principles through a clear and easily discoverable link to the required 17 information. In the event the fashion seller does not have an internet 18 website, the company shall provide a written disclosure to any person 19 who has requested information within thirty days of receiving a request. 20 Such report shall also include the fashion seller's annual volume of 21 material produced, including breakdown by material type. 22 (b) Such report shall contain annual activities and financial spending 23 to support supply chain due diligence. 24 (c) The department of state shall identify and notify fashion sellers 25 that have failed to file a due diligence report that they have thirty 26 days to file such report before being placed on a public non-compliant 27 list and that they may be referred to the attorney general for investi- 28 gation. 29 (d) The department of state shall review the due diligence reports for 30 completeness. 31 (e) Fashion sellers shall have twelve months from the introduction of 32 any updated guidance documents to integrate such guidance into the next 33 annual due diligence report. 34 (f) The department of state shall establish a standardized due dili- 35 gence report format model and publish such model due diligence report 36 online for use by fashion sellers in compliance with this section. 37 4. Regulations. (a) The department of state shall, in consultation 38 with the department of environmental conservation, promulgate all rules 39 and regulations necessary to implement the provisions of this section 40 within six months from the effective date of this section. 41 (b) The department of state, in consultation with the department of 42 environmental conservation, shall also develop and disseminate educa- 43 tional materials to fashion sellers, including providing alerts on time 44 sensitive issues, emerging issues, and high-risk country situations, and 45 assisting fashion sellers in improving the quality of their due dili- 46 gence processes. 47 (c) The department of state shall develop regulations regarding the 48 information required to be reported by fashion sellers in the due dili- 49 gence report in item (B) of clause four of subparagraph (ii) of para- 50 graph (a) of subdivision two of this section. Such regulations shall be 51 developed in consultation with the department of environmental conserva- 52 tion and the most recent Greenhouse Gas Protocol. Such regulations shall 53 develop methodologies to calculate data capture as laid out in item (A) 54 of clause four of subparagraph (ii) of paragraph (a) of subdivision two 55 of this section, prior to that requirement becoming effective.S. 4558 7 1 (d) The department of state shall develop regulations regarding the 2 information required to be reported by fashion sellers in the due dili- 3 gence report in item (C) of clause four of subparagraph (ii) of para- 4 graph (a) of subdivision two of this section. Such regulations shall be 5 developed in consultation with the department of environmental conserva- 6 tion and the Zero Discharge Hazardous Chemicals Program's most recent 7 wastewater guidelines. 8 (e) The department of state shall develop regulations on reporting 9 requirements that minimize duplication of effort and allows a fashion 10 seller to submit a due diligence report to the department of state that 11 is prepared to meet other national and international reporting require- 12 ments, including any reports required by the federal government, as long 13 as such reports satisfy all of the requirements of subdivision two of 14 this section. 15 5. Verification. (a) The department of state shall, in consultation 16 with the department of environmental conservation, develop a process for 17 accrediting verification bodies authorized to provide verification 18 services for the purposes of this section, including which requirements 19 the entity is authorized to verify. 20 (b) Such process shall at a minimum consider: 21 (i) the demonstrated qualifications of verification staff, including 22 their education, experience, and professional licenses. Verification 23 bodies must employ and retain at least five total full-time staff with 24 expertise in the requirements they seek to verify under this section; 25 (ii) any judicial proceedings, enforcement actions, or administrative 26 actions filed against the body within the previous five years; and 27 (iii) the policies and mechanisms in place to prevent conflicts of 28 interest and to identify and resolve potential conflict of interest 29 situations if they arise. The department shall require applicants to 30 submit the following information, at a minimum: 31 (1) identification of services provided by the verification body, the 32 industries that the body serves, and the locations where those services 33 are provided; 34 (2) a detailed organizational chart that includes the verification 35 body, its management structure, and any related entities; and 36 (3) the verification body's internal conflict of interest policy that 37 identifies activities and limits to monetary or non-monetary gifts that 38 apply to all employees and procedures to monitor conflicts of interest. 39 (c) Verification bodies shall not be authorized to provide services to 40 a company where a conflict of interest exists. A conflict of interest 41 shall include: 42 (i) where the verification body and reporting entity share any manage- 43 ment staff or board of directors membership, or any of the senior 44 management staff of the reporting entity have been employed by the 45 verification body, or vice versa, within the previous five years; 46 (ii) any employee of the verification body, or any employee of a 47 related entity, or a subcontractor who is a member of the verification 48 team has provided the reporting entity with services related to the 49 areas of verification, or any services designated by the department of 50 state, within the previous five years; 51 (iii) any staff member of the verification body provides any type of 52 non-monetary incentive to a reporting entity to secure a verification 53 services contract; and 54 (iv) any additional criteria provided by the department of state.S. 4558 8 1 (d) Verification bodies that have been accredited by the department of 2 state shall notify the department within thirty days if they no longer 3 meet the verification requirements set forth by this section. 4 6. Monitoring and enforcement. (a) The requirements imposed on fashion 5 sellers by this section shall be monitored, investigated, and enforced 6 by the attorney general or an administrator designated by the attorney 7 general to bring civil proceedings for an injunction, or fines for mone- 8 tary damages as described in this section, or civil performance of a 9 statutory duty. Fashion sellers shall be deemed non-compliant with this 10 section if they fail to conduct effective due diligence pursuant to 11 subdivision two of this section or fail to file a due diligence report 12 pursuant to subdivision three of this section. 13 (b) The department of state shall identify and notify fashion sellers 14 that have failed to file a complete due diligence report in accordance 15 with the rules and regulations promulgated by the department of state in 16 consultation with the department of environmental conservation. If such 17 fashion sellers fail to file a complete report, after a period of three 18 months, the department of state shall refer fashion sellers to the 19 attorney general for enforcement for failure to file a complete report. 20 (c) The department of environmental conservation shall review and 21 certify effective due diligence for environmental matters in the due 22 diligence report and identify fashion sellers for referral to the attor- 23 ney general for any failures. 24 (d) The department of state shall compile and maintain a list of non- 25 compliant fashion sellers on the department's website. The department of 26 state shall refer to the attorney general for investigation any fashion 27 seller who fails to file a due diligence report or fails to conduct 28 effective due diligence, once any grace period lapses and the fashion 29 seller remains in non-compliance. 30 (e) Fashion sellers found to have failed to conduct effective due 31 diligence pursuant to subdivision two of this section or failed to file 32 a complete due diligence report pursuant to subdivision three of this 33 section, after the attorney general, or the attorney general's desig- 34 nated administrator, as applicable, has provided notice of non-compli- 35 ance, and after a three-month period to meet obligations under this 36 section has lapsed, may be assessed a civil penalty not to exceed 37 fifteen thousand dollars per violation per day. Such fines shall be 38 deposited in the community benefit fund established by section ninety- 39 seven-ccc of the state finance law. 40 (f) The attorney general, or the attorney general's designated admin- 41 istrator shall use a risk-based approach in enforcement and shall 42 publish enforcement guidelines. 43 (g) Any person may report a violation of this section to the attorney 44 general's office. 45 § 3. The state finance law is amended by adding a new section 97-ccc 46 to read as follows: 47 § 97-ccc. Fashion remediation fund. 1. There is hereby established in 48 the joint custody of the comptroller, the commissioner of taxation and 49 finance, the commissioner of environmental conservation, and the commis- 50 sioner of labor a special fund to be known as the fashion remediation 51 fund. 52 2. Such fund shall consist of all moneys deposited pursuant to para- 53 graph (c) of subdivision six of section three hundred ninety-nine-mm of 54 the general business law. 55 3. The moneys in the fund shall be expended by the comptroller for the 56 purpose of implementing one or more environmental benefit projects orS. 4558 9 1 environmental remediation projects that directly and verifiably benefit 2 the workers and communities directly impacted, to the extent practica- 3 ble, at the location the injury has occurred. 4 4. On or before the first day of February each year, the comptroller 5 shall certify to the temporary president of the senate, and the speaker 6 of the assembly, the amount of money deposited by source in the fund 7 during the preceding calendar year, as well as all disbursements from 8 the fund during the preceding calendar year. 9 5. Moneys shall be payable from the fund on the audit and warrant of 10 the comptroller on vouchers certified and approved by the commissioner 11 of environmental conservation as applicable. 12 § 4. The attorney general shall certify to the governor that the 13 office of the attorney general is prepared to execute the duties 14 assigned in subdivision 6 of section 399-mm of the general business law 15 within one year following the effective date of this act. If, after the 16 expiration of one year, the attorney general requires more time to 17 certify that the office of the attorney general is prepared to execute 18 such duties, the attorney general may, for good cause shown, apply to 19 the governor for an extension of time. The governor may grant or deny an 20 extension of up to one year according to their discretion. 21 § 5. Severability. If any word, phrase, clause, sentence, paragraph, 22 section, or part of this act shall be adjudged by any court of competent 23 jurisdiction to be invalid, such judgment shall not affect, impair, or 24 invalidate the remainder thereof, but shall be confined in its operation 25 to the word, phrase, clause, sentence, paragraph, section, or part ther- 26 eof directly involved in the controversy in which such judgment shall 27 have been rendered. 28 § 6. The department of state, in consultation with the department of 29 environmental conservation, shall promulgate rules and regulations 30 necessary for the implementation of this act within one hundred eighty 31 days of the effective date of this act. 32 § 7. This act shall take effect immediately; provided, however, that 33 sections one through three of this act shall take effect one year after 34 they shall have become a law; provided further, however, that subdivi- 35 sion 6 of section 399-mm of the general business law as added by section 36 two of this act shall take effect one year after the attorney general 37 certifies that the office of the attorney general is prepared to execute 38 the duties assigned in such subdivision. The attorney general shall 39 notify the legislative bill drafting commission upon the occurrence of 40 such certification in order that the commission may maintain an accurate 41 and timely effective data base of the official text of the laws of the 42 state of New York in furtherance of effectuating the provisions of 43 section 44 of the legislative law and section 70-b of the public offi- 44 cers law.