Senate Bill S8966

2019-2020 Legislative Session

Relates to enacting the New York state buy American salt act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules 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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2019-S8966 (ACTIVE) - Details

Current Committee:
Senate Rules
Law Section:
State Finance Law
Laws Affected:
Add §162-a, St Fin L; add §104-d, Gen Muni L; add §2877-a, Pub Auth L; add §12-a, Hway L
Versions Introduced in 2021-2022 Legislative Session:
S3908

2019-S8966 (ACTIVE) - Summary

Enacts the New York state buy American salt act to ensure all rock salt, or sodium chloride, used or supplied in the performance of a government contract or any subcontract thereto within the state shall be mined in the United States.

2019-S8966 (ACTIVE) - Sponsor Memo

2019-S8966 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8966
 
                             I N  S E N A T E
 
                             September 4, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law, the general  municipal  law,  the
   public  authorities  law  and the highway law, in relation to enacting
   the New York state buy American salt act
 
   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 state buy American salt act".
   § 2. The state finance law is amended by adding a new section 162-a to
 read as follows:
   § 162-A. THE NEW YORK STATE BUY AMERICAN SALT ACT. 1. USE OF  AMERICAN
 MATERIALS.    (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, EACH
 CONTRACT FOR PURCHASE OR PROCUREMENT  MADE  BY  A  PUBLIC  AGENCY  SHALL
 CONTAIN  A  PROVISION  THAT  THE  ROCK SALT, OR SODIUM CHLORIDE, USED OR
 SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY  SUBCONTRACT  THERETO
 SHALL BE MINED IN THE UNITED STATES.
   (B)  FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTI-
 CLE, 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 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 PROCUREMENT 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

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