S T A T E O F N E W Y O R K
________________________________________________________________________
7805
2015-2016 Regular Sessions
I N A S S E M B L Y
May 27, 2015
___________
Introduced by M. of A. MORELLE, BRAUNSTEIN, GOTTFRIED, ENGLEBRIGHT,
BRINDISI, McDONALD, MOSLEY, STIRPE, SKOUFIS, ARROYO, CYMBROWITZ,
JAFFEE, TITONE, MAYER, ROZIC, ZEBROWSKI, CUSICK, GALEF, GUNTHER,
LUPARDO, MAGNARELLI, OTIS, PERRY, SANTABARBARA, BRONSON, ROBERTS,
MOYA, QUART, FARRELL, ABBATE, BARRETT, STECK, HOOPER, FAHY, LIFTON --
Multi-Sponsored by -- M. of A. BRENNAN, CERETTO, COOK, GRAF, LUPINAC-
CI, MAGEE, MARKEY, McDONOUGH, MONTESANO, RAIA, RAMOS, RIVERA, SCHIMEL,
THIELE -- read once and referred to the Committee on Governmental
Operations
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 Section 146 of the state finance law is REPEALED and a new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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04558-01-5
A. 7805 2
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
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
A. 7805 3
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
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:
A. 7805 4
(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
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.
A. 7805 5
(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
(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-
A. 7805 6
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 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 PERMANENTLY 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
A. 7805 7
(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 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:
A. 7805 8
(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 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:
A. 7805 9
(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 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.