Senate Bill S4073

2017-2018 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
Jan 03, 2018	referred to finance
Feb 02, 2017	referred to finance

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2017-S4073 (ACTIVE) - Details

See Assembly Version of this Bill:: A2086
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:: 2013-2014: S7206, A9521
2015-2016: S5606, A7805

2017-S4073 (ACTIVE) - Summary

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

2017-S4073 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4073

 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 SPECIFIC 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 environ-
mental 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 :

A9521 of 2013/14- referred to governmental operations
A7805 of 2015/16- referred to governmental operations

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect immediately.

2017-S4073 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4073
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2017
                                ___________
 
 Introduced  by  Sens.  ROBACH,  FUNKE, AMEDORE, CROCI, GALLIVAN, HANNON,
   MURPHY -- 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. Short title. This act shall be known as the "New York State
 Buy American Act".
   § 2. Section 146 of the state  finance  law  is  REPEALED  and  a  new
 section 146 is added to read as follows:
   § 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01064-01-7

 S. 4073                             2
 
   (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
 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:

 S. 4073                             3
 
   (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.
   §  3.  Section  2603-a of the public authorities law is REPEALED and a
 new section 2877-a is added to read as follows:
   § 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:

 S. 4073                             4
 
   (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.
   § 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;

 S. 4073                             5
 
   (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 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

 S. 4073                             6
 
   (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.
   §  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
   (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. 4073                             7
 
 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.
   §  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

 S. 4073                             8
 
   (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:
   (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. 4073                             9
 
 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.
   §  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.
   § 8. This act shall take effect immediately.

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Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

Actions

co-Sponsors

2017-S4073 (ACTIVE) - Details

2017-S4073 (ACTIVE) - Summary

2017-S4073 (ACTIVE) - Sponsor Memo

2017-S4073 (ACTIVE) - Bill Text download pdf

Comments