NY State Assembly Bill 2017-A4386

Archive: Last Bill Status - In Assembly 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to governmental operations
Feb 02, 2017	referred to governmental operations

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2017-A4386 (ACTIVE) - Details

See Senate Version of this Bill:: S3332
Current Committee:: Assembly Governmental Operations
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 2015-2016 Legislative Session:: A9701, S7203

2017-A4386 (ACTIVE) - Summary

Establishes the "Made in America Rating System" or "MARS" act requiring the use of American made iron, steel and manufactured products in certain government contracts and establishes a rating system to prioritize the selection of such products.

2017-A4386 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4386
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  CUSICK,  BRABENEC,  TITONE  -- 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 establishing
   a  rating  system to prioritize the selection of such products; 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  "made  in  America
 rating system act" or the "MARS act".
   §  2.  Section  146  of  the  state  finance law is REPEALED and a new
 section 146 is added to read as follows:
   § 146. MADE IN AMERICA RATING SYSTEM. 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  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 AWARDED TO THE BIDDER WHOSE PRODUCT OR MATERIAL HAS THE HIGHEST
 RATING ON THE MADE IN AMERICA RATING SYSTEM SCALE.
   (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
   (I) SUCH MATERIALS AND  PRODUCTS  DO  NOT  MEET  STATE  STANDARDS  FOR
 CONSTRUCTION IN THE STATE; OR
   (II)  INCLUSION  OF  DOMESTIC  MATERIAL  WILL INCREASE THE COST OF THE
 OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00513-01-7

 A. 4386                             2
 
   (C) THE MADE IN AMERICA RATING  SYSTEM  SHALL  INCLUDE  THE  FOLLOWING
 RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
   (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN  THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE;
   (IV) USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN  THE
 UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (V)  USA  60  - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
 UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (VI) USA RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN
 THE UNITED STATES.
   (D)  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 SUBCONTRACT WITH THIS STATE
 PURSUANT TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED  UNDER
 SECTION ONE HUNDRED THIRTY-NINE-A OF THIS ARTICLE.
   (E)  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) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS ARTICLE;
   (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
 UCT  ALL  MANUFACTURING  MUST  TAKE PLACE IN THE UNITED STATES, 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 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.
   (C) "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. MADE IN AMERICA RATING SYSTEM. 1. USE OF AMERICAN MATERIALS.
 (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, EACH CONTRACT FOR THE
 CONSTRUCTION, RECONSTRUCTION, ALTERATION  OR  IMPROVEMENT  OF  A  PUBLIC

 A. 4386                             3
 
 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 AWARDED TO THE BIDDER WHOSE PRODUCT OR MATERIAL HAS THE HIGHEST
 RATING ON THE MADE IN AMERICA RATING SYSTEM SCALE.
   (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
   (I)  SUCH  MATERIALS  AND  PRODUCTS  DO  NOT  MEET STATE STANDARDS FOR
 CONSTRUCTION IN THE STATE; OR
   (II) INCLUSION OF DOMESTIC MATERIAL WILL  INCREASE  THE  COST  OF  THE
 OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
   (C)  THE  MADE  IN  AMERICA  RATING SYSTEM SHALL INCLUDE THE FOLLOWING
 RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
   (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE  AMERI-
 CAN;
   (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE;
   (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
 UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
 UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
 THE UNITED STATES.
   (D) 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  SUBCONTRACT  WITH  THIS  STATE
 PURSUANT  TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED UNDER
 SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
   (E) 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)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS THE  STATE  FINANCE
 LAW;
   (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
 UCT  ALL  MANUFACTURING  MUST  TAKE PLACE IN THE UNITED STATES, 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 THE UNITED STATES IF:
   (A)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
 STATES, AND

 A. 4386                             4
 
   (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.
   (C)  "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 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 BUILD-
 ING OR PUBLIC WORKS SHALL BE AWARDED TO  THE  BIDDER  WHOSE  PRODUCT  OR
 MATERIAL  HAS  THE  HIGHEST  RATING ON THE MADE IN AMERICA RATING SYSTEM
 SCALE.
   (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
   (I)  SUCH  MATERIALS  AND  PRODUCTS  DO  NOT  MEET STATE STANDARDS FOR
 CONSTRUCTION IN THE STATE; OR
   (II) INCLUSION OF DOMESTIC MATERIAL WILL  INCREASE  THE  COST  OF  THE
 OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
   (C)  THE  MADE  IN  AMERICA  RATING SYSTEM SHALL INCLUDE THE FOLLOWING
 RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
   (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE  AMERI-
 CAN;
   (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE;
   (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
 UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
 UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
 THE UNITED STATES.
   (D) 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  SUBCONTRACT  WITH  THIS  STATE
 PURSUANT  TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED UNDER
 SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
   (E) THIS SECTION SHALL BE APPLIED IN  A  MANNER  CONSISTENT  WITH  THE
 STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
 PERTAINING TO GOVERNMENT PROCUREMENT.

 A. 4386                             5
 
   2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  WORDS
 SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
   (A)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
 UCT ALL MANUFACTURING MUST TAKE PLACE IN THE  UNITED  STATES,  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 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.
   (C)  "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 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  BUILD-
 ING  OR  PUBLIC  WORKS  SHALL  BE AWARDED TO THE BIDDER WHOSE PRODUCT OR
 MATERIAL HAS THE HIGHEST RATING ON THE MADE  IN  AMERICA  RATING  SYSTEM
 SCALE.
   (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
   (I) SUCH MATERIALS AND  PRODUCTS  DO  NOT  MEET  STATE  STANDARDS  FOR
 CONSTRUCTION IN THE STATE; OR
   (II)  INCLUSION  OF  DOMESTIC  MATERIAL  WILL INCREASE THE COST OF THE
 OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
   (C) THE MADE IN AMERICA RATING  SYSTEM  SHALL  INCLUDE  THE  FOLLOWING
 RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
   (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN  THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE;
   (IV) USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN  THE
 UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (V)  USA  60  - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
 UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (VI) USA RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN
 THE UNITED STATES.
   (D)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY:

 A. 4386                             6
 
   (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 SUBCONTRACT WITH THIS STATE
 PURSUANT TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED  UNDER
 SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
   (E)  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) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
 UCT  ALL  MANUFACTURING  MUST  TAKE PLACE IN THE UNITED STATES, 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 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.
   (C) "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  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  BUILD-
 ING  OR  PUBLIC  WORKS  SHALL  BE AWARDED TO THE BIDDER WHOSE PRODUCT OR
 MATERIAL HAS THE HIGHEST RATING ON THE MADE  IN  AMERICA  RATING  SYSTEM
 SCALE.
   (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
   (I) SUCH MATERIALS AND  PRODUCTS  DO  NOT  MEET  STATE  STANDARDS  FOR
 CONSTRUCTION IN THE STATE; OR
   (II)  INCLUSION  OF  DOMESTIC  MATERIAL  WILL INCREASE THE COST OF THE
 OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
   (C) THE MADE IN AMERICA RATING  SYSTEM  SHALL  INCLUDE  THE  FOLLOWING
 RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
   (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;

 A. 4386                             7

   (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN  THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
 IN THE STATE;
   (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
 UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
   (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
 UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
 CAN;
   (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
 THE UNITED STATES.
   (D) 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  SUBCONTRACT  WITH  THIS  STATE
 PURSUANT  TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED UNDER
 SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
   (E) 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)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
 UCT ALL MANUFACTURING MUST TAKE PLACE IN THE  UNITED  STATES,  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 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.
   (C)  "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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Assembly Bill A4386

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2017-A4386 (ACTIVE) - Details

2017-A4386 (ACTIVE) - Summary

2017-A4386 (ACTIVE) - Bill Text download pdf

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Assembly Bill A4386

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Sponsored By

CUSICK

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Karl Brabenec

Matthew Titone

Brian Barnwell

2017-A4386 (ACTIVE) - Details

2017-A4386 (ACTIVE) - Summary

2017-A4386 (ACTIVE) - Bill Text download pdf

Comments