S T A T E O F N E W Y O R K
________________________________________________________________________
8433--A
2021-2022 Regular Sessions
I N A S S E M B L Y
November 17, 2021
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental Operations in accordance with Assembly Rule 3, sec. 2 --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
AN ACT to amend the state finance law, in relation to establishing state
procurement goals for New York state products throughout state agen-
cies and private entities performing state contracts
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. PROCUREMENT GOALS FOR NEW YORK STATE PRODUCTS IN STATE AGEN-
CIES. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
(A) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT, AGENCY, BOARD, PUBLIC
BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
(B) "NEW YORK STATE PRODUCT" SHALL MEAN AN ITEM THAT IS AT LEAST
FIFTY-ONE PERCENT MANUFACTURED OR PRODUCED IN ANY WAY IN THIS STATE.
2. (A) IN ORDER TO CREATE, STRENGTHEN, AND EXPAND LOCAL ECONOMIES
THROUGHOUT NEW YORK, IT SHALL BE THE GOAL OF THIS STATE THAT IN THE
FIRST AND SECOND FULL YEAR AFTER THE EFFECTIVE DATE OF THIS
SECTION, AT LEAST FIFTEEN PERCENT OF ALL PRODUCTS PURCHASED BY A STATE
AGENCY SHALL BE NEW YORK STATE PRODUCTS; IN THE THIRD FULL YEAR AFTER
THE EFFECTIVE DATE OF THIS SECTION, AT LEAST TWENTY PERCENT OF ALL
PRODUCTS PURCHASED BY A STATE AGENCY SHALL BE NEW YORK STATE PRODUCTS;
AND IN THE FOURTH FULL YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION AND
THEREAFTER, AT LEAST TWENTY-FIVE PERCENT OF ALL PRODUCTS PURCHASED BY A
STATE AGENCY SHALL BE NEW YORK STATE PRODUCTS.
(B) TO MEET THE GOALS SET FORTH IN THIS SECTION, WHEN A STATE AGENCY
CONTRACT FOR THE PURCHASE OF PRODUCTS IS TO BE AWARDED TO THE LOWEST
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05947-06-2
A. 8433--A 2
RESPONSIBLE BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO WILL FULFILL THE
CONTRACT THROUGH THE USE OF NEW YORK STATE PRODUCTS MAY BE GIVEN PREFER-
ENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE BID OF
NEW YORK STATE PRODUCTS IS NOT MORE THAN TEN PERCENT GREATER THAN THE
COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE PRODUCTS.
3. (A) THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF
THE CONTRACTING STATE AGENCY PURCHASING PRODUCTS, IN HIS OR HER SOLE
DISCRETION, DETERMINES THAT:
(I) PURCHASING NEW YORK STATE PRODUCTS PURSUANT TO THE PROVISIONS OF
THIS SECTION WOULD BE AGAINST THE PUBLIC INTEREST;
(II) PURCHASING NEW YORK STATE PRODUCTS WOULD INCREASE THE COST OF THE
CONTRACT BY AN UNREASONABLE AMOUNT;
(III) NEW YORK STATE PRODUCTS CANNOT BE OBTAINED IN SUFFICIENT AND
REASONABLE AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE
CONTRACTING STATE AGENCY'S REQUIREMENTS; OR
(IV) PURCHASING PRODUCTS MANUFACTURED OR PRODUCED OUTSIDE OF THE
STATE, OR IN FACILITIES INSIDE OR OUTSIDE OF THE STATE COMPRISING LESS
THAN FIFTY-ONE PERCENT OF MATERIALS PRODUCED IN THE STATE, IS NECESSARY
TO AVOID A DELAY IN THE DELIVERY OF PRODUCTS.
(B) FOR PRIVATE ENTITIES PERFORMING STATE CONTRACTS, THE STATE AGENCY
OVERSEEING THE PERFORMANCE OF SUCH CONTRACT SHALL PROMULGATE RULES AND
REGULATIONS TO ALLOW FOR PRIVATE ENTITIES TO BE GRANTED A WAIVER FROM
THE REQUIREMENTS OF THIS SECTION IF A PRIVATE ENTITY CAN PROVE THAT IS
NOT ABLE TO MEET THE THRESHOLDS SET FORTH IN THIS SECTION.
4. ANY PRODUCT PROCURED IN ACCORDANCE WITH THIS SECTION SHALL BE FOR
THE SOLE USE OF THE STATE OF NEW YORK.
§ 2. This act shall take effect on the thirtieth day after it shall
have become a law.