Senate Bill S7206

2013-2014 Legislative Session

Relates to the use of American-made iron, steel and manufactured products in certain government contracts; repealer

download bill text pdf

Archive: Last Bill Status - In Senate Committee Finance Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 06, 2014	referred to finance

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2013-S7206 (ACTIVE) - Details

See Assembly Version of this Bill:: A9521
Current Committee:: Senate Finance
Law Section:: State Finance Law
Laws Affected:: Rpld & add §146, St Fin L; rpld §2603-a, add §2877-a, Pub Auth L; amd §38, Hway L; amd §103, Gen Muni L; amd §8, Pub Bldg L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5606, A7805
2017-2018: S4073, A2086

2013-S7206 (ACTIVE) - Summary

Relates to the use of American-made iron, steel and manufactured products in certain government contracts.

2013-S7206 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7206

TITLE OF BILL:  An act to amend the state finance law, the public
authorities law, the highway law, the general municipal law, and the
public buildings law, in relation to requiring the use of American
made iron, steel and manufactured products in certain government
contracts, and to repeal certain provisions of the public authorities
law and the state finance law relating thereto

PURPOSE:

The purpose of this bill is to ensure that American produced materials
are given preference on state sponsored procurements.

SUMMARY OF PROVISIONS:

Section one of the bill is the title; "New York State Buy American
Act"

Section two of the bill amends section 146 of the state finance law to
require the use of American made materials on state projects.

Section three of the bill amends section 2603-a of the public
authorities law relating to the use of American made materials on
public works projects.

Section four of the bill amends section 38 of the highway law relating
to the use of American made materials on public works projects.

Section five amends section 103 of the general municipal law relating
to the use of American made materials on public works projects.

Section six amends section 8 of the public buildings law relating to
the use of American made materials on public works projects.

Section seven is the severability clause. Section eight is the
enacting clause.

JUSTIFICATION:

The production of iron, steel and manufactured products provides jobs
and family income to many individuals in this State and, in turn, the
jobs and family incomes of millions of persons in the United States.
Be it through direct taxes or through other mechanisms such as
tolling, employers, employee's public works users in this State
generate substantial revenues that State, its subdivisions and
authorities will use to modernize our public works and infrastructure
system.

In the last decade, New York has lost 304,900 manufacturing jobs.
Nationally, U.S. workers and the domestic economy have been devastated
by the growth of the U.S. trade deficit with China since that country
entered the World Trade Organization in 2001. Between 2001 and 2011,
2.7 million U.S. jobs were lost or displaced. New York alone lost
158,800 jobs due to this trend.


The economy and general welfare of the State and its people and the
economy and general welfare of the United States are inseparably
linked to the preservation and development of manufacturing industries
in this State, as well as all the other states of this nation.
Recognizing this link, it should be the policy of this State that its
taxpayer dollars and toll revenues be reinvested with its individual
and employer tax and toll payers in order to foster job retention and
growth, particularly within the manufacturing sector, and to ensure a
broad and healthy tax and user base for future investments vital to
the State's infrastructure.

New York State's procurement policies should reflect this State's, and
indeed, the nation's, principles, ensuring that the products of those
companies and workers who abide by our workplace safety and
environmental laws and regulations should be rewarded with a
commonsense preference in government contracting.

This legislation will harmonize existing New York state procurement
statutes, across the board, with the practices New York state agencies
use when executing programs funded by federal grants. As currently
written the existing New York procurement statutes have various
interpretations, which at times can nullify one another, cause New
York to spend taxpayer dollars on goods produced abroad, encourage
outsourcing, and kill American jobs. New Yorkers, like all Americans,
expect that their tax and toll dollars will be reinvested with the
taxpaying businesses and workers that produce goods in New York and
the U.S., and this legislation will do just that.

This longstanding practice by the federal government, and many state
governments, is well-understood by contracting officers and bidders on
public projects. Dozens of states have similar laws that create a
procurement preference for American-made goods when they are available
in a sufficient quality and quantity and are competitively priced in
the global marketplace. The preference proposed under this legislation
is just that, a preference. If goods are unavailable from domestic
sources or the cost of the goods from domestic sources is
unreasonable, the preference may be waived.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

EFFECTIVE DATE:

This act shall take effect immediately

2013-S7206 (ACTIVE) - Bill Text download pdf

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

                                  7206

                            I N  S E N A T E

                               May 6, 2014
                               ___________

Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
  when printed to be committed to the Committee on Finance

AN ACT to amend the state finance law, the public authorities  law,  the
  highway  law, the general municipal law, and the public buildings law,
  in relation to requiring the use of  American  made  iron,  steel  and
  manufactured  products  in certain government contracts, and to repeal
  certain provisions of the public authorities law and the state finance
  law relating thereto

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

  Section  1.  Title. This act shall be known as the "New York State Buy
American Act".
  S 2. Section 146 of the state  finance  law  is  REPEALED  and  a  new
section 146 is added to read as follows:
  S 146. THE NEW YORK STATE BUY AMERICAN ACT. 1. USE OF AMERICAN MATERI-
ALS.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT FOR
THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR IMPROVEMENT OF A  PUBLIC
BUILDING  OF  PUBLIC  WORKS  MADE  BY  A  PUBLIC  AGENCY SHALL CONTAIN A
PROVISION THAT THE  IRON,  STEEL,  AND  MANUFACTURED  PRODUCTS  USED  OR
SUPPLIED  IN  THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO
AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILDING  OR  PUBLIC  WORKS
SHALL BE MANUFACTURED IN THE UNITED STATES.
  (B)  FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAP-
TER, NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELIABLE
BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID  OFFERED
BY  SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY PARAGRAPH
(A) OF THIS SUBDIVISION.
  (C) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A
PUBLIC AGENCY FINDS:
  (I) THAT THE APPLICATION OF THIS SECTION WOULD  BE  INCONSISTENT  WITH
THE PUBLIC INTEREST;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14829-01-4

S. 7206                             2

  (II)  THAT  SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED
STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
FACTORY QUALITY; OR
  (III)  THAT  INCLUSION  OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
  (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER  UNDER  PARAGRAPH
(C)  OF  THIS  SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN
OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
BEFORE MAKING A FINDING BASED ON THE REQUEST.
  (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
  (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
  (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
THE AGENCY; AND
  (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE  (5)  YEARS
PRIOR TO THE DATE OF NOTICE.
  (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
  (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION; AND
  (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
  (G)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA"  INSCRIPTION,  OR  ANY
INSCRIPTION  WITH  THE  SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED
PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II)  REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN
PROJECTS TO WHICH THIS SECTION APPLIES THAT  WAS  NOT  PRODUCED  IN  THE
UNTIED STATES, WAS PRODUCED IN THE UNITED STATES;
THEN  THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON-
TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS
PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THIS ARTICLE.
  (H) THIS SECTION SHALL BE APPLIED IN  A  MANNER  CONSISTENT  WITH  THE
STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (A) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
THIS SECTION;
  (B)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS ARTICLE;
  (C) "MANUFACTURED IN THE UNITED STATES" MEANS: (I) IN THE CASE  OF  AN
IRON  OR  STEEL  PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF  COAT-
INGS,  EXCEPT  METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES; AND
  (II) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE  CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
STATES, AND

S. 7206                             3

  (B) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
GOOD,  BY  COST,  ARE  OF  DOMESTIC  ORIGIN. IF, UNDER THE TERMS OF THIS
SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF  DOMESTIC  ORIGIN,  ITS
ENTIRE  COST  MAY BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF
AN END PRODUCT.
  (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
THE UNITED STATES.
  S  3.  Section  2603-a of the public authorities law is REPEALED and a
new section 2877-a is added to read as follows:
  S 2877-A. THE NEW YORK STATE BUY AMERICAN  ACT.  1.  USE  OF  AMERICAN
MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT
FOR  THE  CONSTRUCTION,  RECONSTRUCTION,  ALTERATION OR IMPROVEMENT OF A
PUBLIC BUILDING OR PUBLIC WORKS MADE BY A PUBLIC AUTHORITY SHALL CONTAIN
A PROVISION THAT THE IRON, STEEL,  AND  MANUFACTURED  PRODUCTS  USED  OR
SUPPLIED  IN  THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO
AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILDING  OR  PUBLIC  WORKS
SHALL BE MANUFACTURED IN THE UNITED STATES.
  (B)  NO  BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST  VALUE  UNLESS  THE  BID
OFFERED  BY  SUCH  BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION.
  (C) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A
PUBLIC AGENCY FINDS:
  (I) THAT THE APPLICATION OF THIS SECTION WOULD  BE  INCONSISTENT  WITH
THE PUBLIC INTEREST;
  (II)  THAT  SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED
STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
FACTORY QUALITY; OR
  (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE  THE  COST  OF
THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
  (D)  IF  THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH
(C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE  OF  AND  AN
OPPORTUNITY  FOR  PUBLIC  COMMENT  ON  THE  REQUEST AT LEAST THIRTY DAYS
BEFORE MAKING A FINDING BASED ON THE REQUEST.
  (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
  (I) SUMMARIZE THE INFORMATION AVAILABLE TO  THE  EXECUTIVE  CONCERNING
THE  REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
  (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
THE AGENCY; AND
  (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON,  FIRM  OR  CORPO-
RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
CY  FOR  NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE (5) YEARS
PRIOR TO THE DATE OF NOTICE.
  (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
  (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION; AND
  (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
  (G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I)  AFFIXED  A  LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON,  STEEL  OR  MANUFACTURED

S. 7206                             4

PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES;
THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR  SUBCON-
TRACT   WITH  THIS  STATE  PURSUANT  TO  THE  DEBARMENT  AND  SUSPENSION
PROVISIONS PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE
FINANCE LAW.
  (H) THIS SECTION SHALL BE APPLIED IN  A  MANNER  CONSISTENT  WITH  THE
STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2. DEFINITIONS. FOR THE PURPOSE OF THIS SECTION, THE  FOLLOWING  WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (A) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
THIS SECTION;
  (B)  "PUBLIC  AGENCY"  MEANS A STATE, LOCAL OR INTERSTATE AUTHORITY AS
THOSE TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER;
  (C) "MANUFACTURED IN THE UNITED STATES" MEANS: (I) IN THE CASE  OF  AN
IRON  OR  STEEL  PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF  COAT-
INGS,  EXCEPT  METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES; AND
  (II) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE  CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
STATES, AND
  (B) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART,
A  COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY
BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT.
  (D) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
THE UNITED STATES.
  S 4. Section 38 of the highway law is amended by adding a new subdivi-
sion 10 to read as follows:
  10. USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, EACH CONTRACT FOR THE CONSTRUCTION,  RECONSTRUCTION,  ALTERATION
OR IMPROVEMENT OF A HIGHWAY OR OTHER PUBLIC WORKS MADE BY A PUBLIC AGEN-
CY  SHALL  CONTAIN  A  PROVISION  THAT THE IRON, STEEL, AND MANUFACTURED
PRODUCTS USED OR SUPPLIED IN THE PERFORMANCE  OF  THE  CONTRACT  OR  ANY
SUBCONTRACT  THERETO AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILD-
ING OR PUBLIC WORKS SHALL BE MANUFACTURED IN THE UNITED STATES.
  (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
ABLE  BIDDER  AND  NO  BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID
OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT  TERM  REQUIRED  BY
PARAGRAPH (A) OF THIS SUBDIVISION.
  (C)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF  A
PUBLIC AGENCY FINDS:
  (I)  THAT  THE  APPLICATION  OF THIS SUBDIVISION WOULD BE INCONSISTENT
WITH THE PUBLIC INTEREST;
  (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN  THE  UNTIED
STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
FACTORY QUALITY; OR

S. 7206                             5

  (III)  THAT  INCLUSION  OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
  (D)  IF  THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH
(C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE  OF  AND  AN
OPPORTUNITY  FOR  PUBLIC  COMMENT ON THE REQUEST OF AT LEAST THIRTY DAYS
BEFORE MAKING A FINDING BASED ON THE REQUEST.
  (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
  (I) SUMMARIZE THE INFORMATION AVAILABLE TO  THE  EXECUTIVE  CONCERNING
THE  REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
  (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
THE AGENCY; AND
  (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON,  FIRM  OR  CORPO-
RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
CY  FOR  NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE (5) YEARS
PRIOR TO THE DATE OF NOTICE.
  (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
  (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION; AND
  (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
  (G) IF IT HAS BEEN DETERMINED BY A COURT OF FEDERAL  OR  STATE  AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I)  AFFIXED  A  LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON,  STEEL  OR  MANUFACTURED
PRODUCT  USED  IN PROJECTS TO WHICH THIS SUBDIVISION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
PROJECTS TO WHICH THIS SECTION APPLES  THAT  WAS  NOT  PRODUCED  IN  THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES;
THEN  THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON-
TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS
PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF  THE  STATE  FINANCE
LAW.
  (H)  THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE
STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  (I)  DEFINITIONS.  FOR  THE PURPOSE OF THIS SUBDIVISION, THE FOLLOWING
WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (I) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
THIS SUBDIVISION.
  (II) "PUBLIC AGENCY" MEANS A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
  (III) "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN
IRON  OR  STEEL  PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF  COAT-
INGS,  EXCEPT  METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES; AND
  (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL  BE  CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (1)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
STATES, AND
  (2) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART,

S. 7206                             6

A  COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY
BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT.
  (IV)  "UNITED  STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
THE UNITED STATES.
  S  5.  Section 103 of the general municipal law is amended by adding a
new subdivision 17 to read as follows:
  17. USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, EACH CONTRACT FOR THE CONSTRUCTION,  RECONSTRUCTION,  ALTERATION
OR  IMPROVEMENT  OF  A  PUBLIC BUILDING OR PUBLIC WORKS MADE BY A PUBLIC
AGENCY OF A POLITICAL SUBDIVISION SHALL CONTAIN  A  PROVISION  THAT  THE
IRON,  STEEL, AND MANUFACTURED PRODUCTS USED OR SUPPLIED IN THE PERFORM-
ANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO AND PERMENANTLY INCORPO-
RATED INTO THE PUBLIC BUILDING OR PUBLIC WORKS SHALL BE MANUFACTURED  IN
THE UNITED STATES.
  (B)  NO  BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST  VALUE  UNLESS  THE  BID
OFFERED  BY  SUCH  BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY
PARAGRAPH (A) OF THIS SUBDIVISION.
  (C) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY  IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A
PUBLIC AGENCY FINDS:
  (I) THAT THE APPLICATION OF THIS  SUBDIVISION  WOULD  BE  INCONSISTENT
WITH THE PUBLIC INTEREST;
  (II)  THAT  SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED
STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
FACTORY QUALITY; OR
  (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE  THE  COST  OF
THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
  (D)  IF  THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH
(C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AN OPPOR-
TUNITY FOR PUBLIC COMMENT ON THE REQUEST AT  LEAST  THIRTY  DAYS  BEFORE
MAKING A FINDING BASED ON THE REQUEST.
  (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
  (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
  (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
THE AGENCY; AND
  (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE  (5)  YEARS
PRIOR TO THE DATE OF NOTICE.
  (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
  (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION; AND
  (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
  (G)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA"  INSCRIPTION,  OR  ANY
INSCRIPTION  WITH  THE  SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED
PRODUCT USED IN PROJECTS TO WHICH THIS SUBDIVISION APPLIES, SOLD  IN  OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR

S. 7206                             7

  (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES;
THEN  THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON-
TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS
PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF  THE  STATE  FINANCE
LAW.
  (H)  THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE
STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  (I)  DEFINITIONS.  FOR  THE PURPOSE OF THIS SUBDIVISION, THE FOLLOWING
WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (I) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
THIS SUBDIVISION;
  (II) "PUBLIC AGENCY" MEANS A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
  (III) "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN
IRON  OR  STEEL  PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED
STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF  COAT-
INGS,  EXCEPT  METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL
ADDITIVES; AND
  (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL  BE  CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (1)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
STATES, AND
  (2) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART,
A  COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY
BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT.
  (IV) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA  AND  INCLUDES
ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
THE UNITED STATES.
  S 6. Section 8 of the public buildings law is amended by adding a  new
subdivision 8 to read as follows:
  8.  USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, EACH CONTRACT FOR THE CONSTRUCTION,  RECONSTRUCTION,  ALTERATION
OR IMPROVEMENT OF A STATE BUILDING MADE BY A PUBLIC AGENCY SHALL CONTAIN
A  PROVISION  THAT  THE  IRON,  STEEL, AND MANUFACTURED PRODUCTS USED OR
SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OF ANY  SUBCONTRACT  THERETO
AND  PERMANENTLY  INCORPORATED  INTO THE PUBLIC BUILDING OR PUBLIC WORKS
SHALL BE MANUFACTURED IN THE UNITED STATES.
  (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
ABLE  BIDDER  AND  NO  BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID
OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT  TERM  REQUIRED  BY
PARAGRAPH (A) OF THIS SUBDIVISION.
  (C)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF  A
PUBLIC AGENCY FINDS:
  (I)  THAT  THE  APPLICATION  OF THIS SUBDIVISION WOULD BE INCONSISTENT
WITH THE PUBLIC INTEREST;
  (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN  THE  UNITED
STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
FACTORY QUALITY; OR
  (III)  THAT  INCLUSION  OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.

S. 7206                             8

  (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER  UNDER  PARAGRAPH
(C)  OF  THIS  SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN
OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
BEFORE MAKING A FINDING BASED ON THE REQUEST.
  (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
  (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
  (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
THE AGENCY; AND
  (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE  (5)  YEARS
PRIOR TO THE DATE OF NOTICE.
  (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
ORIGINAL NOTICE A DETAILED JUSTIFICATION OF THE WAIVER THAT:
  (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
SUBDIVISION; AND
  (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
  (G)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA"  INSCRIPTION,  OR  ANY
INSCRIPTION  WITH  THE  SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED
PRODUCT USED IN PROJECTS TO WHICH THIS SUBDIVISION APPLIES, SOLD  IN  OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES;
THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR  SUBCON-
TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS
PROVIDED  UNDER  SECTION  ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE
LAW.
  (H) THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH  THE
STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  (I) DEFINITIONS. FOR THE PURPOSE OF THIS  SUBDIVISION,  THE  FOLLOWING
WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED:
  (I) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
THIS SUBDIVISION;
  (II)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY AS THAT TERM IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
  (III) "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN
IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE  IN  THE  UNITED
STATES,  FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT-
INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT  OF  STEEL
ADDITIVES; AND
  (B)  IN  THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (1) ALL OF ITS  MANUFACTURING  PROCESSES  TAKE  PLACE  IN  THE  UNITED
STATES, AND
  (2)  MORE  THAN  SIXTY  PERCENT  OF THE COMPONENTS OF THE MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART,
A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST  MAY
BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT.

S. 7206                             9

  (IV)  "UNITED  STATES" MEANS THE UNITES STATES OF AMERICA AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
THE UNITED STATES.
  S  7.  Severability. If any provisions of this act, or the application
thereof to any person or circumstance, is held invalid, such  invalidity
shall  not affect other provisions or applications of this act which can
be given effect without the invalid provisions or  application,  and  to
that extent, the provisions of this act are declared to be severable.
  S 8. This act shall take effect immediately.

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Senate Bill S7206

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Archive: Last Bill Status - In Senate Committee Finance Committee

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2013-S7206 (ACTIVE) - Details

2013-S7206 (ACTIVE) - Summary

2013-S7206 (ACTIVE) - Sponsor Memo

2013-S7206 (ACTIVE) - Bill Text download pdf

Comments