S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6639--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sens.  ROBACH,  AKSHAR,  AVELLA,  BONACIC, CROCI, FUNKE,
   GALLIVAN, HAMILTON, HANNON, HELMING, JACOBS, LANZA, MARCHIONE, MURPHY,
   PERALTA, SAVINO, YOUNG -- read twice and  ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee  on  Rules -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the state finance law and the public authorities law, in
   relation to enacting the "New York Buy American  Act";  and  providing
   for the repeal of such provisions upon expiration thereof
 
   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 and may  be  cited  as
 the "New York Buy American Act".
   § 2. Section 146 of the state finance law, as added by chapter 1014 of
 the laws of 1981, is amended to read as follows:
   §  146.  Certain  construction contracts involving steel.  1. Notwith-
 standing any other provisions of law, all  contracts  over  one  hundred
 thousand  dollars  in value made and awarded by any department or agency
 of the state for the construction, reconstruction,  alteration,  repair,
 maintenance or improvement of any public works shall require that struc-
 tural  steel,  reinforcing  steel  and/or  other major steel items to be
 incorporated in the work of the contract shall be produced  or  made  in
 whole  or  substantial  part  in  the  United States, its territories or
 possessions.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 ALL  CONTRACTS OVER ONE MILLION DOLLARS IN VALUE AND MADE AND AWARDED BY
 THE DEPARTMENT OF TRANSPORTATION, THE OFFICE OF  GENERAL  SERVICES,  AND
 THE STATE UNIVERSITY OF NEW YORK CONSTRUCTION FUND FOR THE CONSTRUCTION,
 RECONSTRUCTION,  ALTERATION,  REPAIR,  MAINTENANCE OR IMPROVEMENT OF ANY
 SURFACE ROADS OR BRIDGES, SHALL CONTAIN A PROVISION THAT THE  STRUCTURAL
 IRON  AND  STRUCTURAL  STEEL  USED OR SUPPLIED IN THE PERFORMANCE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD13106-09-7

 S. 6639--A                          2
 
 CONTRACT OR ANY SUBCONTRACT THERETO AND  PERMANENTLY  INCORPORATED  INTO
 SUCH  SURFACE  ROAD  OR  BRIDGE,  SHALL  BE PRODUCED OR MADE IN WHOLE OR
 SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES  OR  POSSESSIONS.
 IN  THE  CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANU-
 FACTURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING
 STAGE THROUGH THE APPLICATION OF COATINGS,  EXCEPT  METALLURGICAL  PROC-
 ESSES  INVOLVING  THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF
 THIS SECTION, "PERMANENTLY INCORPORATED" SHALL MEAN  AN  IRON  OR  STEEL
 PRODUCT  THAT  IS  REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT
 CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK  TO  WHICH  IT
 WAS  INCORPORATED.  IRON  AND  STEEL  PRODUCTS THAT ARE CAPABLE OF BEING
 MOVED FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPORATED INTO
 A PUBLIC WORK.
   3. The provisions of this section shall not apply if the head  of  the
 department  or  agency constructing the public works, in his OR HER sole
 discretion, determines that such provisions would not be in  the  public
 interest, would result in unreasonable costs or that such IRON OR steel,
 INCLUDING  WITHOUT  LIMITATION  STRUCTURAL  IRON  AND  STRUCTURAL STEEL,
 cannot be produced or made  in  the  United  States  in  sufficient  and
 reasonably available quantities and of satisfactory quality[.], OR WOULD
 RESULT  IN  THE  LOSS  OR  REDUCTION  OF FEDERAL FUNDING FOR THE SUBJECT
 CONTRACT OR THE ABILITY TO OBTAIN SUCH FEDERAL FUNDING WOULD BE  LIMITED
 OR  JEOPARDIZED BY COMPLIANCE WITH THIS  SECTION; OR THERE IS AN IMMEDI-
 ATE OR EMERGENCY NEED EXISTING FOR THE STRUCTURAL  STEEL  OR  STRUCTURAL
 IRON;  OR THE STRUCTURAL STEEL OR STRUCTURAL IRON IS NOT MANUFACTURED IN
 THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE  QUANTITIES  OR
 OF  SATISFACTORY  QUALITY OR DESIGN TO MEET THE DEPARTMENT'S OR AGENCY'S
 REQUIREMENTS; OR OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD
 INCREASE THE COST OF THE CONTRACT BY AN  UNREASONABLE  AMOUNT;  OR  SUCH
 STEEL  OR  IRON IS NECESSARY FOR THE OPERATION OF OR REPAIRS OF CRITICAL
 INFRASTRUCTURE THAT IS NECESSARY TO AVOID A DELAY  IN  THE  DELIVERY  OF
 CRITICAL  SERVICES THAT COULD COMPROMISE THE PUBLIC WELFARE; OR A RECIP-
 ROCAL TRADE AGREEMENT OR TREATY HAS BEEN NEGOTIATED BY THE STATE  OR  BY
 THE UNITED STATES GOVERNMENT ON BEHALF OF OR INCLUDING THIS STATE WITH A
 FOREIGN NATION OR GOVERNMENT FOR NONDISCRIMINATORY GOVERNMENTAL PROCURE-
 MENT PRACTICES OR POLICIES WITH SUCH FOREIGN NATION OR GOVERNMENT.
   4.  NOTHING  IN  THIS  SECTION  IS INTENDED TO CONTRAVENE ANY EXISTING
 TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
 SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY  FOREIGN  COUNTRIES
 AND THE STATE OR THE UNITED STATES.
   5.  ANY  AGENCY  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION SHALL BE
 AUTHORIZED TO ESTABLISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINIS-
 TRATION OF THIS SECTION, PROVIDED HOWEVER, NOTHING IN THIS SECTION SHALL
 BE INTERPRETED TO REQUIRE A CONTRACTOR TO CERTIFY  THAT  THE  STRUCTURAL
 IRON  OR  STRUCTURAL  STEEL  USED  IN  A ROAD OR BRIDGE PURSUANT TO THIS
 SECTION IS MADE IN WHOLE OR IN SUBSTANTIAL PART IN THE UNITED STATES.
   § 3. Section 2603-a of the public authorities law, as added by chapter
 441 of the laws of 1983, is amended to read as follows:
   § 2603-a. Letting of certain contracts involving  steel  products.  1.
 Notwithstanding any other provision of law, all public authorities shall
 award contracts involving steel products as follows:
   a.  All purchase contracts for supplies, material or equipment involv-
 ing an estimated expenditure in excess of fifty thousand  dollars  shall
 require  with  respect  to  materials,  supplies  and equipment made of,
 fabricated from, or containing steel components, that such steel  compo-
 nents  be  produced  or  made in whole or substantial part in the United

 S. 6639--A                          3
 
 States, its territories or possessions. The provisions of this paragraph
 shall not apply to motor vehicles and automobile equipment assembled  in
 Canada  in  conformity  with the United States-Canadian trade agreements
 known  as  the "Automotive Products Trade Act of 1965" or any amendments
 thereto.
   b. All contracts in excess of one hundred  thousand  dollars  for  the
 construction,   reconstruction,   alteration,   repair,  maintenance  or
 improvement of public works shall require  that  all  structural  steel,
 reinforcing  steel  or other major steel items to be incorporated in the
 work of the contract shall be produced or made in whole  or  substantial
 part in the United States, its territories or possessions.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 ALL CONTRACTS OVER ONE MILLION DOLLARS IN VALUE MADE AND AWARDED BY  THE
 DORMITORY  AUTHORITY,  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY, THE
 BRIDGE AUTHORITY OR THE THRUWAY AUTHORITY, ON ITS  ACCOUNT  OR  FOR  THE
 BENEFIT  OF  A  STATE  AGENCY OR AUTHORITY, FOR THE CONSTRUCTION, RECON-
 STRUCTION, ALTERATION, REPAIR, MAINTENANCE OR IMPROVEMENT OF ANY ROAD OR
 BRIDGE, SHALL CONTAIN A PROVISION THAT THE STRUCTURAL  IRON  AND  STRUC-
 TURAL  STEEL  USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY
 SUBCONTRACT THERETO AND PERMANENTLY INCORPORATED INTO THE  SURFACE  ROAD
 OR  BRIDGE SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF  A  STRUC-
 TURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE
 IN  THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLI-
 CATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINE-
 MENT OF STEEL ADDITIVES. FOR  PURPOSES  OF  THIS  SECTION,  "PERMANENTLY
 INCORPORATED"  SHALL  MEAN  AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO
 REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION,
 AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND  STEEL
 PRODUCTS  THAT  ARE  CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER
 ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC BUILDING OR PUBLIC WORK.
   3. The provisions of this section shall not  apply  if  the  governing
 board  or  body  of such public authority, in its discretion, determines
 that such provisions would result in unreasonable  costs  or  that  such
 IRON,  steel  products  or steel components INCLUDING WITHOUT LIMITATION
 STRUCTURAL IRON AND STEEL; cannot be produced  or  made  in  the  United
 States in sufficient and reasonably available quantities or of satisfac-
 tory  quality  or design[.], OR WOULD RESULT IN THE LOSS OR REDUCTION OF
 FEDERAL FUNDING FOR THE SUBJECT CONTRACT OR THE ABILITY TO  OBTAIN  SUCH
 FEDERAL  FUNDING WOULD BE LIMITED OR JEOPARDIZED BY COMPLIANCE WITH THIS
 SECTION; OR THERE IS AN IMMEDIATE OR EMERGENCY NEED  EXISTING  FOR  SUCH
 STRUCTURAL  IRON,  STRUCTURAL  STEEL PRODUCTS OR STRUCTURAL STEEL COMPO-
 NENTS; OR SUCH STEEL OR IRON IS NOT MANUFACTURED IN THE UNITED STATES IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALI-
 TY OR DESIGN TO MEET THE AUTHORITY'S REQUIREMENTS; OR OBTAINING FOR SUCH
 IRON, STEEL PRODUCTS OR STEEL COMPONENTS  IN  THE  UNITED  STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; OR FOR SUCH
 IRON,  STEEL PRODUCTS OR STEEL COMPONENTS IS NECESSARY FOR THE OPERATION
 OF OR REPAIRS OF CRITICAL INFRASTRUCTURE THAT IS NECESSARY  TO  AVOID  A
 DELAY  IN  THE  DELIVERY  OF CRITICAL SERVICES THAT COULD COMPROMISE THE
 PUBLIC WELFARE; OR A RECIPROCAL TRADE AGREEMENT  OR  TREATY  HAS    BEEN
 NEGOTIATED  BY THE STATE OR BY THE UNITED STATES GOVERNMENT ON BEHALF OF
 OR INCLUDING THIS STATE WITH A FOREIGN NATION OR GOVERNMENT FOR  NONDIS-
 CRIMINATORY  GOVERNMENTAL  PROCUREMENT  PRACTICES  OR POLICIES WITH SUCH
 FOREIGN NATION OR GOVERNMENT.

 S. 6639--A                          4
 
   4. NOTHING IN THIS SECTION IS  INTENDED  TO  CONTRAVENE  ANY  EXISTING
 TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
 SUBSEQUENT  TRADE  AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
 AND THE STATE OR THE UNITED STATES.
   5.  ANY  AUTHORITY  SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL BE
 AUTHORIZED TO ESTABLISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINIS-
 TRATION OF THIS SECTION, PROVIDED HOWEVER, NOTHING IN THIS SECTION SHALL
 BE INTERPRETED TO REQUIRE A CONTRACTOR TO CERTIFY THAT THE IRON OR STEEL
 USED IN A ROAD OR BRIDGE PURSUANT TO THIS SECTION IS MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN THE UNITED STATES.
   § 4. A workgroup shall be convened to evaluate reciprocal trade access
 for any foreign state that may be significantly impacted by  the  imple-
 mentation of this act to the detriment of New York state, the provisions
 of  any  formal  trade  agreements established by the governments of the
 United States and such foreign state, the expansion of  the  application
 of this act to include other products manufactured in the United States,
 which shall include but not be limited to concrete, cement and aluminum,
 the certification processes for these products, and the fiscal impact of
 such  implementation and expansion of this act.  Additionally, the work-
 group shall report on the impact of this act on the capital plans of the
 department of transportation, the metropolitan transportation authority,
 and the thruway authority, including but not limited to  any  amendments
 to  such  capital plans necessary as a result of this act, any change in
 cost of projects as a result of this act, and any cost savings discerni-
 ble due to quality improvements or maintenance reductions due to materi-
 als used as a result of this act.  The members of  the  workgroup  shall
 consist   of  seven  representatives  appointed  by  the  governor,  two
 appointed by the temporary president of the senate, two appointed by the
 speaker of the assembly, one appointed by the  minority  leader  of  the
 senate,  and  one  appointed by the minority leader of the assembly. The
 workgroup shall be chaired by a designee of the governor. The chair  may
 appoint other state agencies or public authorities which may prove bene-
 ficial  to  the  workgroup as ad hoc members. The chair may also appoint
 individuals and representatives of organizations other than state  agen-
 cies  and  public  authorities to an advisory committee to advise on any
 aspect of its functions and  duties.  The  workgroup  shall  provide  an
 interim  report  on their findings to the governor, the temporary presi-
 dent of the senate and the speaker of the assembly on or before  January
 1, 2019 and a final report on January 1, 2020.
   §  5.  This act shall take effect April 1, 2018 and shall apply to any
 state contracts executed and entered into on  or  after  such  date  and
 shall  exclude  such contracts that have been previously awarded or have
 pending bids or pending requests for proposals issued  as  of  April  1,
 2018, and shall not apply to projects that have commenced project design
 and  environmental  studies  prior to such date; provided, however, that
 this act shall expire and be deemed repealed April 15, 2020.