S T A T E O F N E W Y O R K
________________________________________________________________________
3430
2021-2022 Regular Sessions
I N A S S E M B L Y
January 26, 2021
___________
Introduced by M. of A. McDONALD, FAHY, GRIFFIN, WOERNER, OTIS, STERN,
LUPARDO, GALEF, TAYLOR, DICKENS, B. MILLER, BUTTENSCHON, GUNTHER,
McDONOUGH, TAGUE, ENGLEBRIGHT -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to the purchase of
domestically produced personal protective equipment
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The state finance law is amended by adding a new section
163-c to read as follows:
§ 163-C. PURCHASE OF DOMESTICALLY PRODUCED PERSONAL PROTECTIVE EQUIP-
MENT. ANY STATE AGENCY THAT PURCHASES PERSONAL PROTECTIVE EQUIPMENT
SHALL, TO THE EXTENT PRACTICABLE, PURCHASE SUCH EQUIPMENT FROM A BUSI-
NESS LOCATED WITHIN NEW YORK STATE AND SHALL UTILIZE PREFERRED SOURCES
IN ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-TWO OF THIS ARTICLE, FOR AT
LEAST THIRTY PERCENT OF ANY INDIVIDUAL ORDER OF SUCH EQUIPMENT. IN THE
EVENT A NEW YORK STATE BUSINESS OR PREFERRED SOURCE IS NOT ABLE TO
SUPPLY SUCH EQUIPMENT ANY OTHER DOMESTICALLY LOCATED BUSINESS MAY BE
UTILIZED TO SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
§ 2. Subdivision 9 of section 160 of the state finance law, as amended
by chapter 106 of the laws of 2012, is amended and a new subdivision 11
is added to read as follows:
9. "State agency" or "state agencies" means all state departments,
boards, commissions, offices or institutions but excludes, however, for
the purposes of subdivision five of section three hundred fifty-five of
the education law, the state university of New York and excludes, for
the purposes of subdivision a of section sixty-two hundred eighteen of
the education law, the city university of New York; provided, however,
that the state university of New York and the city university of New
York shall be subject to the provisions of [section] SECTIONS one
hundred sixty-five-a AND ONE HUNDRED SIXTY-THREE-C of this article.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01940-01-1
A. 3430 2
Furthermore, such term shall not include the legislature or the judici-
ary.
11. "PERSONAL PROTECTIVE EQUIPMENT" SHALL MEAN EQUIPMENT DESIGNED TO
PREVENT THE TRANSFER OF A COMMUNICABLE DISEASE, AS SUCH TERM IS DEFINED
BY SECTION TWO OF THE PUBLIC HEALTH LAW, INCLUDING BUT NOT LIMITED TO:
FACE MASKS, SHIELDS OR COVERINGS, GOWNS, GLOVES, TESTING KITS, HAND
SANITIZER, CLEANING OR DISINFECTANT CHEMICALS AND ANY OTHER EQUIPMENT AS
DETERMINED BY THE COMMISSIONER.
§ 3. The commissioner of general services is authorized to promulgate
rules and regulations necessary for the implementation of this act.
§ 4. This act shall take effect immediately.