S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  8314

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                              May 14, 2009
                               ___________

Introduced  by  M. of A. DESTITO, GIANARIS, SCHROEDER, GALEF, EDDINGTON,
  LANCMAN, QUINN, DelMONTE, KOON,  DenDEKKER,  STIRPE,  SPANO,  LUPARDO,
  BRODSKY,  CHRISTENSEN,  MENG  --  Multi-Sponsored by -- M. of A. COOK,
  DINOWITZ, GOTTFRIED, JOHN, MARKEY, McENENY, O'DONNELL, REILLY, WEISEN-
  BERG -- (at request of the Governor) -- read once and referred to  the
  Committee on Governmental Operations

AN  ACT to amend the economic development law, in relation to the avail-
  ability of federal funding; and to amend the  state  finance  law,  in
  relation  to  governmental procurement and the purchase of iron, steel
  and manufactured goods produced in the United States

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.   Subdivision 2 of section 142 of the economic development
law, as added by chapter 564 of the laws of 1988, is amended by adding a
new paragraph (d) to read as follows:
  (D) FOR THE AVAILABILITY OF FEDERAL FUNDING PROVIDED PURSUANT  TO  THE
FEDERAL  AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: (I) THE NAME OF
THE AGENCY SEEKING APPLICATIONS; (II) THE IDENTIFICATION NUMBER OR TITLE
OF THE FUNDING AVAILABILITY; (III) A BRIEF DESCRIPTION OF  THE  PURPOSES
OR  ACTIVITY  FOR  WHICH  FUNDING  IS  AVAILABLE,  ANY  RESTRICTIONS  ON
LOCATIONS, AND THE DURATION OF THE FUNDING; (IV) THE  ADDRESS  TO  WHICH
PROPOSALS ARE TO BE SUBMITTED; (V) THE DATE WHEN PROPOSALS ARE DUE; (VI)
A DESCRIPTION OF ANY ELIGIBILITY OR QUALIFICATION REQUIREMENT OR PREFER-
ENCE;  (VII) A STATEMENT AS TO WHETHER THE PURPOSE OR ACTIVITY SPECIFIED
MAY BE FULFILLED BY A SUBCONTRACTING, JOINT VENTURE,  OR  OTHER  COOPER-
ATIVE  ARRANGEMENT; (VIII) ANY OTHER INFORMATION DEEMED USEFUL TO POTEN-
TIAL APPLICANTS; AND (IX) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
PERSON TO BE CONTACTED FOR ADDITIONAL INFORMATION.
  S 2. Subdivision 2 of section 142 of the economic development law,  as
amended  by  chapter 137 of the laws of 2008, is amended by adding a new
paragraph (d) to read as follows:
  (D) FOR THE AVAILABILITY OF FEDERAL FUNDING PROVIDED PURSUANT  TO  THE
FEDERAL  AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009: (I) THE NAME OF
THE AGENCY SEEKING APPLICATIONS; (II) THE IDENTIFICATION NUMBER OR TITLE

              

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12031-04-9

A. 8314                             2

OF THE FUNDING AVAILABILITY; (III) A BRIEF DESCRIPTION OF  THE  PURPOSES
OR  ACTIVITY  FOR  WHICH  FUNDING  IS  AVAILABLE,  ANY  RESTRICTIONS  ON
LOCATIONS, AND THE DURATION OF THE FUNDING; (IV) THE  ADDRESS  TO  WHICH
PROPOSALS ARE TO BE SUBMITTED; (V) THE DATE WHEN PROPOSALS ARE DUE; (VI)
A DESCRIPTION OF ANY ELIGIBILITY OR QUALIFICATION REQUIREMENT OR PREFER-
ENCE;  (VII) A STATEMENT AS TO WHETHER THE PURPOSE OR ACTIVITY SPECIFIED
MAY BE FULFILLED BY A SUBCONTRACTING, JOINT VENTURE,  OR  OTHER  COOPER-
ATIVE  ARRANGEMENT; (VIII) ANY OTHER INFORMATION DEEMED USEFUL TO POTEN-
TIAL APPLICANTS; AND (IX) THE NAME, ADDRESS, AND TELEPHONE NUMBER OF THE
PERSON TO BE CONTACTED FOR ADDITIONAL INFORMATION.
  S 3. Paragraph a of subdivision  2  of  section  139-j  of  the  state
finance  law,  as  added by chapter 1 of the laws of 2005, is amended to
read as follows:
  a. designate, with regard to each governmental procurement,  a  person
or persons who may be contacted by offerers relative to the governmental
procurement;  ANY  OTHER GOVERNMENTAL ENTITY INVOLVED IN THE PROCUREMENT
PROCESS MAY ALSO DESIGNATE A PERSON OR  PERSONS  WHO  MAY  BE  CONTACTED
RELATIVE TO THE GOVERNMENTAL PROCUREMENT AS NECESSARY;
  S  4.  Clause (c) of subparagraph 7 of paragraph a of subdivision 3 of
section 139-j of the state finance law, as added by  chapter  1  of  the
laws of 2005, is amended to read as follows:
  (c)  [written]  protests,  appeals  or  complaints  to the state comp-
troller's office during the process  of  contract  approval,  where  the
state  comptroller's approval is required by law[, and where such commu-
nications and any responses thereto are made in writing and]. THE  STATE
COMPTROLLER SHALL MAKE A RECORD OF SUCH COMMUNICATIONS AND ANY RESPONSES
THERETO WHICH shall be entered [in] INTO the procurement record pursuant
to section one hundred sixty-three of [the state finance law] THIS CHAP-
TER; or
  S 5. The state finance law is amended by adding a new section 164-a to
read as follows:
  S  164-A.  PURCHASE  OF IRON, STEEL AND MANUFACTURED GOODS PRODUCED IN
THE UNITED STATES.  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  NO
PROJECT  FOR  THE  CONSTRUCTION,  ALTERATION, MAINTENANCE OR REPAIR OF A
PUBLIC BUILDING OR PUBLIC WORK USING FUNDS PROVIDED  UNDER  THE  FEDERAL
AMERICAN  RECOVERY AND REINVESTMENT ACT OF 2009 SHALL BE APPROVED UNLESS
ALL OF THE IRON, STEEL AND MANUFACTURED GOODS USED IN  THE  PROJECT  ARE
PRODUCED  IN THE UNITED STATES, EXCEPT WHERE THERE IS A DETAILED WRITTEN
STATEMENT BY THE HEAD OF THE FEDERAL DEPARTMENT OR  AGENCY  INVOLVED  IN
THE PROVISION OF SUCH FUNDS IN THE FEDERAL REGISTER THAT:
  (1)  APPLYING THE TERMS OF THIS SECTION WOULD BE INCONSISTENT WITH THE
PUBLIC INTEREST;
  (2) IRON, STEEL AND THE RELEVANT MANUFACTURED GOODS ARE  NOT  PRODUCED
IN  THE  UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES
AND OF A SATISFACTORY QUANTITY; OR
  (3) INCLUSION OF IRON, STEEL AND MANUFACTURED GOODS  PRODUCED  IN  THE
UNITED STATES WILL INCREASE THE COST OF THE OVERALL PROJECT BY MORE THAN
TWENTY-FIVE PERCENT.
  S  6.  This act shall take effect immediately; provided, however, that
the amendment to subdivision 2 of section 142 of the  economic  develop-
ment  law  made by section two of this act shall take effect on the same
date and in the same manner as chapter 137 of the  laws  of  2008  takes
effect;  provided,  further, that the amendments to section 139-j of the
state finance law made by sections three and four of this act shall  not
affect  the  repeal  of such section and shall be deemed repealed there-
with.