Assembly Bill A5510

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5510
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 9, 2017
                                ___________
 
 Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend the state finance law, in relation to requiring state
   agencies  to  give  preference  to  food  products,  commodities,  and
   services  from  New York state; to amend the state finance law, public
   authorities law, the highway law, the general municipal law,  and  the
   public  buildings  law,  in  relation to requiring the use of New York
   made iron, steel  and  manufactured  products  in  certain  government
   contracts;  to  amend the tax law in relation to creating a tax credit
   for New York state businesses that source materials and supplies manu-
   factured by other New York state businesses;  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.  Short title. This act shall be known as the "Buy New York
 Act".
   § 2. Paragraph a of subdivision 4 of section 165 of the state  finance
 law,  as  amended by chapter 533 of the laws of 2013, is amended to read
 as follows:
   a. Except as otherwise provided  in  this  subdivision,  when  letting
 contracts  for the purchase of food products on behalf of facilities and
 institutions of the state, solicitation specifications of the office  of
 general  services  and  any  other  agency, department, office, board or
 commission [may] SHALL require provisions that mandate that all or  some
 of  the  required  food products are grown, produced or harvested in New
 York state, or that any processing of such food products take  place  in
 facilities  located  within New York state, PROVIDED THAT SUCH CONTRACTS
 FOR FOOD PRODUCTS ARE PRICED COMPETITIVELY.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06591-01-7

              

 A. 5510                             2
 
   § 3. Subparagraph (ii) of paragraph a of subdivision 3 of section  163
 of the state finance law, as added by chapter 83 of the laws of 1995, is
 amended to read as follows:
   (ii)  Commodities  contracts  shall  be awarded on the basis of lowest
 price to a responsive and responsible offerer, WITH PREFERENCE GIVEN  TO
 COMMODITY  CONTRACTS  FROM  NEW  YORK  COMPANIES,  IF SUCH CONTRACTS ARE
 PRICED COMPETITIVELY; or, in the case of multiple awards, in  accordance
 with paragraph c of subdivision ten of this section.
   §  4. Paragraph d of subdivision 4 of section 163 of the state finance
 law, as added by chapter 83 of the laws of 1995, is amended to  read  as
 follows:
   d.  Service contracts shall be awarded on the basis of best value to a
 responsive and responsible offerer, WITH  PREFERENCE  GIVEN  TO  SERVICE
 CONTRACTS FROM NEW YORK COMPANIES, IF SUCH CONTRACTS ARE PRICED COMPETI-
 TIVELY; or, in the case of multiple awards, in accordance with paragraph
 c of subdivision ten of this section.
   §  5.  Section  146  of  the  state  finance law is REPEALED and a new
 section 146 is added to read as follows:
   § 146. NEW YORK MATERIALS. 1. USE OF NEW YORK MATERIALS. (A)  NOTWITH-
 STANDING 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  NEW
 YORK, PROVIDED SUCH CONTRACT IS PRICED COMPETITIVELY.
   (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;
   (II)  THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN NEW YORK IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES  AND  OF  A  SATISFACTORY
 QUALITY; OR
   (III)  THAT  INCLUSION  OF NEW YORK 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.

 A. 5510                             3

   (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 NEW YORK" 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 NEW YORK THAT WAS NOT MADE IN NEW YORK; OR
   (II)  REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN NEW YORK
 , WAS PRODUCED IN NEW YORK; THEN THAT  PERSON  SHALL  BE  INELIGIBLE  TO
 RECEIVE  ANY  CONTRACT  OR  SUBCONTRACT  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  NEW YORK" MEANS: (I) IN THE CASE OF AN IRON OR
 STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN NEW  YORK,  FROM  THE
 INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
 LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
   (II)  IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
 ERED MANUFACTURED IN NEW YORK IF:
   (A) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN NEW YORK, AND
   (B) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
 GOOD,  BY  COST,  ARE  OF  NEW  YORK ORIGIN. IF, UNDER THE TERMS OF THIS
 SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF NEW  YORK  ORIGIN,  ITS
 ENTIRE  COST  MAY BE USED IN CALCULATING THE COST OF NEW YORK CONTENT OF
 AN END PRODUCT.
   (D) "NEW YORK" MEANS THE STATE OF NEW YORK AND INCLUDES ALL  TERRITORY
 SUBJECT TO THE JURISDICTION OF NEW YORK STATE.
   §  6.  Section  2603-a of the public authorities law is REPEALED and a
 new section 2877-a is added to read as follows:
   § 2877-A. NEW YORK MATERIALS.  1.  USE  OF  NEW  YORK  MATERIALS.  (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  NEW  YORK, PROVIDED SUCH CONTRACT IS PRICED
 COMPETITIVELY.
   (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

 A. 5510                             4

 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 NEW YORK  IN
 SUFFICIENT  AND  REASONABLY  AVAILABLE  QUANTITIES AND OF A SATISFACTORY
 QUALITY; OR
   (III) THAT INCLUSION OF NEW YORK 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 NEW YORK" 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 NEW YORK THAT WAS NOT MADE IN NEW YORK; OR
   (II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED  IN
 PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN NEW
 YORK, WAS PRODUCED IN NEW YORK; THEN THAT PERSON SHALL BE INELIGIBLE  TO
 RECEIVE  ANY  CONTRACT  OR  SUBCONTRACT  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  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 THE STATE FINANCE LAW;
   (C)  "MANUFACTURED  IN  NEW YORK" MEANS: (I) IN THE CASE OF AN IRON OR
 STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN NEW  YORK,  FROM  THE

 A. 5510                             5
 
 INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
 LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
   (II)  IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
 ERED MANUFACTURED IN NEW YORK IF:
   (A) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN NEW YORK, AND
   (B) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
 GOOD,  BY  COST,  ARE  OF  NEW  YORK ORIGIN. IF, UNDER THE TERMS OF THIS
 SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF NEW  YORK  ORIGIN,  ITS
 ENTIRE  COST  MAY BE USED IN CALCULATING THE COST OF NEW YORK CONTENT OF
 AN END PRODUCT.
   (D) "NEW YORK" MEANS THE STATE OF NEW YORK AND INCLUDES ALL  TERRITORY
 SUBJECT TO THE JURISDICTION OF NEW YORK STATE.
   § 7. Section 38 of the highway law is amended by adding a new subdivi-
 sion 10 to read as follows:
   10. USE OF NEW YORK 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 NEW YORK, PROVIDED THAT
 SUCH CONTRACTS ARE PRICED COMPETITIVELY.
   (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 NEW YORK  IN
 SUFFICIENT  AND  REASONABLY  AVAILABLE  QUANTITIES AND OF A SATISFACTORY
 QUALITY; OR
   (III) THAT INCLUSION OF NEW YORK 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.

 A. 5510                             6
 
   (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 NEW YORK" 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 NEW YORK THAT WAS NOT MADE IN NEW YORK; OR
   (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES THAT  WAS  NOT  PRODUCED  IN  NEW
 YORK,  WAS PRODUCED IN NEW YORK; THEN THAT PERSON SHALL BE INELIGIBLE TO
 RECEIVE ANY CONTRACT OR SUBCONTRACT 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 NEW YORK" MEANS: (A) IN THE CASE OF AN IRON  OR
 STEEL  PRODUCT  ALL  MANUFACTURING MUST TAKE PLACE IN NEW YORK, FROM THE
 INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
 LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
   (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL  BE  CONSID-
 ERED MANUFACTURED IN NEW YORK IF:
   (1) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN NEW YORK, AND
   (2)  MORE  THAN  SIXTY  PERCENT  OF THE COMPONENTS OF THE MANUFACTURED
 GOOD, BY COST, ARE OF NEW YORK ORIGIN. IF, UNDER THE TERMS OF THIS PART,
 A COMPONENT IS DETERMINED TO BE OF NEW YORK ORIGIN, ITS ENTIRE COST  MAY
 BE USED IN CALCULATING THE COST OF NEW YORK CONTENT OF AN END PRODUCT.
   (IV) "NEW YORK" MEANS THE STATE OF NEW YORK AND INCLUDES ALL TERRITORY
 SUBJECT TO THE JURISDICTION OF NEW YORK STATE.
   §  8.  Section 103 of the general municipal law is amended by adding a
 new subdivision 17 to read as follows:
   17. USE OF NEW YORK 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  NEW  YORK,  PROVIDED  THAT
 SUCH CONTRACTS ARE PRICED COMPETITIVELY.
   (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 NEW YORK IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES  AND  OF  A  SATISFACTORY
 QUALITY; OR

 A. 5510                             7
 
   (III)  THAT  INCLUSION  OF NEW YORK 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 OR FEDERAL  OR  STATE  AGENCY
 THAT ANY PERSON INTENTIONALLY:
   (I)  AFFIXED  A LABEL BEARING A "MADE IN NEW YORK" 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 NEW YORK THAT WAS NOT MADE IN NEW YORK; OR
   (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES THAT  WAS  NOT  PRODUCED  IN  NEW
 YORK,  WAS PRODUCED IN NEW YORK; THEN THAT PERSON SHALL BE INELIGIBLE TO
 RECEIVE ANY CONTRACT OR SUBCONTRACT 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 NEW YORK" MEANS: (A) IN THE CASE OF AN IRON  OR
 STEEL  PRODUCT  ALL  MANUFACTURING MUST TAKE PLACE IN NEW YORK, FROM THE
 INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
 LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
   (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL  BE  CONSID-
 ERED MANUFACTURED IN NEW YORK IF:
   (1) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN NEW YORK, AND
   (2)  MORE  THAN  SIXTY  PERCENT  OF THE COMPONENTS OF THE MANUFACTURED
 GOOD, BY COST, ARE OF NEW YORK ORIGIN. IF, UNDER THE TERMS OF THIS PART,
 A COMPONENT IS DETERMINED TO BE OF NEW YORK ORIGIN, ITS ENTIRE COST  MAY
 BE USED IN CALCULATING THE COST OF NEW YORK CONTENT OF AN END PRODUCT.
   (IV) "NEW YORK" MEANS THE STATE OF NEW YORK AND INCLUDES ALL TERRITORY
 SUBJECT TO THE JURISDICTION OF NEW YORK STATE.

 A. 5510                             8

   §  9. Section 8 of the public buildings law is amended by adding a new
 subdivision 8 to read as follows:
   8.  USE OF NEW YORK 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  NEW  YORK,  PROVIDED  THAT
 SUCH CONTRACTS ARE PRICED COMPETITIVELY.
   (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 NEW YORK IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES  AND  OF  A  SATISFACTORY
 QUALITY; OR
   (III)  THAT  INCLUSION  OF NEW YORK 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 OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY:
   (I) AFFIXED A LABEL BEARING A "MADE IN NEW YORK" 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 NEW YORK THAT WAS NOT MADE IN NEW YORK; OR
   (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN
 PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN NEW
 YORK, WAS PRODUCED IN NEW YORK; THEN THAT PERSON SHALL BE INELIGIBLE  TO
 RECEIVE  ANY  CONTRACT  OR  SUBCONTRACT  WITH THIS STATE PURSUANT TO THE
 DEBARMENT OR SUSPENSION PROVISIONS PROVIDED UNDER  SECTION  ONE  HUNDRED
 THIRTY-NINE-A OF THE STATE FINANCE LAW.

 A. 5510                             9

   (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 NEW YORK" MEANS: (A) IN THE CASE OF AN IRON OR
 STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN NEW  YORK,  FROM  THE
 INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
 LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
   (B)  IN  THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
 ERED MANUFACTURED IN NEW YORK IF:
   (1) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN NEW YORK, AND
   (2) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
 GOOD, BY COST, ARE OF NEW YORK ORIGIN. IF, UNDER THE TERMS OF THIS PART,
 A  COMPONENT IS DETERMINED TO BE OF NEW YORK ORIGIN, ITS ENTIRE COST MAY
 BE USED IN CALCULATING THE COST OF NEW YORK CONTENT OF AN END PRODUCT.
   (IV) "NEW YORK" MEANS THE STATE OF NEW YORK AND INCLUDES ALL TERRITORY
 SUBJECT TO THE JURISDICTION OF NEW YORK STATE.
   § 10. Section 210-B of the tax law is amended by adding a new subdivi-
 sion 49 to read as follows:
   49. QUALIFIED PRODUCTS LOCAL SOURCING CREDIT. (A)  BUSINESSES  SUBJECT
 TO  TAX LIABILITY UNDER ARTICLE NINE OR NINE-A OF THIS CHAPTER, PURCHAS-
 ING QUALIFIED PRODUCTS MAY CLAIM THE QUALIFIED PRODUCTS  LOCAL  SOURCING
 TAX  CREDIT  AGAINST  ANY  SUCH  LIABILITY  AT THE CLOSE OF THE TAX YEAR
 PROVIDED, HOWEVER, THAT THE UNUSED PORTION OF  ANY  TAX  CREDIT  CLAIMED
 SHALL NOT BE CARRIED FORWARD AND APPLIED IN ANOTHER TAX YEAR.
   (B)  FOR  THE  PURPOSES OF THIS SECTION THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1) "QUALIFIED PRODUCTS" SHALL  MEAN  ANY  MATERIALS,  COMPONENTS,  OR
 SUPPLIES WHETHER USED IN THE MANUFACTURING PROCESS OR OTHERWISE THAT ARE
 PRODUCED IN NEW YORK STATE BY A NEW YORK STATE BUSINESS;
   (2)  "PRODUCER"  IS  AN  INDIVIDUAL  (WHETHER  ACTING  INDIVIDUALLY OR
 THROUGH A COOPERATIVE, CORPORATION, PARTNERSHIP,  BUSINESS  ASSOCIATION,
 OR  EDUCATIONAL  INSTITUTION) WHO IS A BUSINESS OR MANUFACTURER OF GOODS
 IN NEW YORK STATE, IT SHALL NOT HOWEVER INCLUDE A WHOLESALER OR DISTRIB-
 UTOR;
   (3) "PURCHASER" IS  AN  INDIVIDUAL  (WHETHER  ACTING  INDIVIDUALLY  OR
 THROUGH  A  COOPERATIVE, CORPORATION, PARTNERSHIP, BUSINESS ASSOCIATION,
 OR EDUCATIONAL INSTITUTION) WHO IS A BUSINESS OR MANUFACTURER  OF  GOODS
 IN NEW YORK STATE, IT SHALL NOT HOWEVER INCLUDE A WHOLESALER OR DISTRIB-
 UTOR;
   (4) "NET SALES" ARE THE TOTAL SALES OF THE BUSINESS SUBJECT TO TAX.
   (C)  THE  AMOUNT  OF  THE  CREDIT SHALL BE PRESCRIBED ACCORDING TO THE
 FOLLOWING SCHEDULE:
   (1) TWENTY PERCENT OF NET SALES ARE ATTRIBUTED TO  QUALIFIED  PRODUCTS
 THE CREDIT SHALL BE ONE THOUSAND FIVE HUNDRED DOLLARS.
   (2)  FORTY  PERCENT  OF NET SALES ARE ATTRIBUTED TO QUALIFIED PRODUCTS
 THE CREDIT SHALL BE THREE THOUSAND DOLLARS.
   (3) SIXTY PERCENT OF NET SALES ARE ATTRIBUTED  TO  QUALIFIED  PRODUCTS
 THE CREDIT SHALL BE SIX THOUSAND DOLLARS.
   (4)  EIGHTY  PERCENT OF NET SALES ARE ATTRIBUTED TO QUALIFIED PRODUCTS
 THE CREDIT SHALL BE TWELVE THOUSAND DOLLARS.

 A. 5510                            10

   (5) ONE HUNDRED PERCENT OF  NET  SALES  ARE  ATTRIBUTED  TO  QUALIFIED
 PRODUCTS THE CREDIT SHALL BE TWENTY-FIVE THOUSAND DOLLARS.
   (D)  (1)  BUSINESSES  CLAIMING  THE  QUALIFIED PRODUCTS LOCAL SOURCING
 CREDIT SHALL SUBMIT A COMPUTER-GENERATED REPORT WITH  TAX  RETURNS  THAT
 CLAIM A TAX CREDIT.
   (2)  SUCH  REPORT SHALL INCLUDE THE NAME OF THE PRODUCER AND THE PHYS-
 ICAL PLACE OF THE BUSINESS WHERE THE PRODUCTS ARE PRODUCED.
   (3) THE AMOUNT PAID BY THE PURCHASER TO THE PRODUCER AND THE AMOUNT OF
 UNITS PURCHASED.
   § 11. 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.
   § 12. This act shall take effect immediately, provided, however,  that
 the  amendments to subparagraph (ii) of paragraph a of subdivision 3 and
 paragraph d of subdivision 4 of section 163 of  the  state  finance  law
 made  by sections three and four of this act shall not affect the repeal
 of such subparagraph and paragraph and shall be deemed  repealed  there-
 with.