NY State Senate Bill S3908A

Archive: Last Bill Status - Passed Senate

Introduced
In Committee
On Floor Calendar
- Passed Senate
- Passed Assembly
Delivered to Governor
Signed/Vetoed by Governor

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Actions

view actions (14)

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 15, 2022	referred to governmental operations delivered to assembly passed senate
Jan 24, 2022	advanced to third reading
Jan 20, 2022	2nd report cal.
Jan 19, 2022	1st report cal.249
Jan 05, 2022	referred to procurement and contracts
Jun 10, 2021	committed to rules
May 24, 2021	advanced to third reading
May 20, 2021	2nd report cal.
May 18, 2021	1st report cal.1125
May 11, 2021	print number 3908a
May 11, 2021	amend and recommit to procurement and contracts
Feb 01, 2021	referred to procurement and contracts

Votes

view votes

Feb 15, 2022 - floor Vote

S3908A

floor

Aye

Nay

Absent

Excused

Abstained

Jan 19, 2022 - Procurement and Contracts committee Vote

S3908A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

May 18, 2021 - Procurement and Contracts committee Vote

S3908A

committee

Aye

Nay

Aye with Reservations

Absent

Excused

Abstained

Bill Amendments

Original

A (Active)

Original

A (Active)

Co-Sponsors

S3908 - Details

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 2019-2020 Legislative Session:: S8966

S3908 - 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 or hand harvested in the United States.

S3908 - Sponsor Memo

 
BILL NUMBER: S3908

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section one amends the title of the bill as the "New York state buy
American salt act."

Section two amends the state finance law by adding a new Section 162a to
provide that any agency or authority purchasing rock salt must purchase
American mined salt, subject to waiver and other provisions.

Section three amends the general municipal law by adding a new section
104d to provide that any public agency or political subdivision purchas-
ing rock salt must purchase American mined salt, subject to waiver and
other provisions.

Section four amends the public authorities law by adding a new section
2877a to provide that any public authority within the state must
purchase American mined salt, subject to waiver and other provisions.

Section five amends the highway law by adding a new section 12a to
provide that any public authority purchasing rock salt must purchase
American mined salt, subject to waiver and other provisions.

Section six contains the severability clause.

Section seven sets the effective date.

 
JUSTIFICATION:ò

New York State has at least two salt mines in the state that provide
rock salt for road deicing purposes, with these two large mines located
in Upstate New York. Despite these mines offering good paying jobs for
workers, competition with foreign salt operations has recently harmed
each mine. For example in 2019, a mine near Rochester laid off 260
employees when non-US companies were awarded over $18.8 million in state
contracts, representing about 7% of its overall business. Stories of
salt mined in Egypt sitting in ports along the Hudson River have become
common, despite our state and country having operational salt mines here
in the United States.

Salt mined in New York State adds an estimated $3.00 in tax revenue for
every ton of salt mined, providing a financial boon to the state and
various counties, in addition to employing workers, clearly showing the
fiscal and economic benefits to purchasing material produced in the
state. New York has previously prioritized the purchase of goods by
focusing on a buy American strategy, most recently in 2017 when the
Governor and Legislature agreed to prioritize American made steel in
state contracts. While purchasing American products does not necessarily
mean New York products will be purchased, it does present a legal frame-
work that still gives New York mines an advantage over foreign competi-
tion.
 
LEGISLATIVE HISTORY:

2019-2020: S.8966 Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3908 - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3908
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07974-01-1

 S. 3908                             2
 
   (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
 OPPORTUNITY  FOR  PUBLIC  COMMENT  ON  THE  REQUEST AT LEAST THIRTY DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I) SUMMARIZE THE INFORMATION AVAILABLE TO  THE  EXECUTIVE  CONCERNING
 THE  REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON,  FIRM  OR  CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G)  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 ROCK SALT, OR SODIUM CHLORIDE
 PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  ROCK  SALT,  OR  SODIUM CHLORIDE PRODUCT
 PROCURED IN A CONTRACT 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 CHAPTER.
   (H) 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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS CHAPTER;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY OF THE UNITED STATES, FROM  THE  INITIAL  SEPARATION  FROM  THE
 EARTH  THROUGH  THE  ADDITION  OF ANY ADDITIVES NECESSARY FOR COMMERCIAL
 SALE;
   (D) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
 ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
 THE UNITED STATES.
   § 3. The general municipal law is amended  by  adding  a  new  section
 104-d to read as follows:
   §  104-D. 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 OF A POLI-
 TICAL SUBDIVISION SHALL CONTAIN A PROVISION THAT THE ROCK SALT, OR SODI-

 S. 3908                             3
 
 UM CHLORIDE, USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR  ANY
 SUBCONTRACT THERETO SHALL BE MINED IN THE UNITED STATES.
   (B)  NO  BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
 ABLE 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
 OPPORTUNITY  FOR  PUBLIC  COMMENT  ON  THE  REQUEST AT LEAST THIRTY DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I) SUMMARIZE THE INFORMATION AVAILABLE TO  THE  EXECUTIVE  CONCERNING
 THE  REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON,  FIRM  OR  CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G)  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 ROCK SALT, OR SODIUM CHLORIDE
 PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  ROCK  SALT,  OR  SODIUM CHLORIDE PRODUCT
 PROCURED IN A CONTRACT 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.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;

 S. 3908                             4
 
   (B) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY  OF  THE  UNITED  STATES,  FROM THE INITIAL SEPARATION FROM THE
 EARTH THROUGH THE ADDITION OF ANY  ADDITIVES  NECESSARY  FOR  COMMERCIAL
 SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  4.  The  public  authorities law is amended by adding a new section
 2877-a to read as follows:
   § 2877-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 AUTHORITY 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) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
 ABLE  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
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE

 S. 3908                             5
 
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  ROCK  SALT,  OR  SODIUM CHLORIDE PRODUCT
 PROCURED IN A CONTRACT 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.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B) "PUBLIC AGENCY" MEANS A STATE, LOCAL OR  INTERSTATE  AUTHORITY  AS
 THOSE TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY  OF  THE  UNITED  STATES,  FROM THE INITIAL SEPARATION FROM THE
 EARTH THROUGH THE ADDITION OF ANY  ADDITIVES  NECESSARY  FOR  COMMERCIAL
 SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  5.  The highway law is amended by adding a new section 12-a to read
 as follows:
   § 12-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 AUTHORITY 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) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
 ABLE  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
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;

 S. 3908                             6

   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II) REPRESENTED THAT  ANY  ROCK  SALT,  OR  SODIUM  CHLORIDE  PRODUCT
 PROCURED  IN  A  CONTRACT  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.
   (H) 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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY OF THE UNITED STATES, FROM  THE  INITIAL  SEPARATION  FROM  THE
 EARTH  THROUGH  THE  ADDITION  OF ANY ADDITIVES NECESSARY FOR COMMERCIAL
 SALE;
   (D) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
 ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
 THE UNITED STATES.
   § 6. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 7. This act shall take effect immediately.

Co-Sponsors

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S3908A (ACTIVE) - Details

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 2019-2020 Legislative Session:: S8966

S3908A (ACTIVE) - Summary

S3908A (ACTIVE) - Sponsor Memo

 
BILL NUMBER: S3908A

SPONSOR: KENNEDY
 
TITLE OF BILL:

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

 
SUMMARY OF PROVISIONS:

Section one amends the title of the bill as the "New York state buy
American salt act."

Section two amends the state finance law by adding a new Section 162a to
provide that any agency or authority purchasing rock salt must purchase
American mined or hand harvested salt, subject to waiver and other
provisions.

Section three amends the general municipal law by adding a new section
104d to provide that any public agency or political subdivision purchas-
ing rock salt must purchase American mined or hand harvested salt,

subject to waiver and other provisions.

Section four amends the public authorities law by adding a new section
2877a to provide that any public authority within the state must
purchase American mined or hand harvested salt, subject to waiver and
other provisions.

Section five amends the highway law by adding a new section 12a to
provide that any public authority purchasing rock salt must purchase
American mined or hand harvested salt, subject to waiver and other
provisions.

Section six contains the severability clause. Section seven sets the
effective date.

 
JUSTIFICATION:

New York State has at least two salt mines in the state that provide
rock salt for road deicing purposes, with these two large mines located
in Upstate New York. Despite these mines offering good paying jobs for
workers, competition with foreign salt operations has recently harmed
each mine. For example in 2019, a mine near Rochester laid off 260
employees when non-US companies were awarded over $18.8 million in state
contracts, representing about 7% of its overall business. Stories of
salt mined in Egypt sitting in ports along the Hudson River have become
common, despite our state and country having operational salt mines here
in the United States.

Salt mined or harvested in New York State adds an estimated $3.00 in tax
revenue for every ton of salt produced, providing a financial boon to
the state and various counties, in addition to employing workers, clear-
ly showing the fiscal and economic benefits to purchasing material
produced in the state. New York has previously prioritized the purchase
of goods by focusing on a buy American strategy, most recently in 2017
when the Governor and Legislature agreed to prioritize American made
steel in state contracts. While purchasing American products does not
necessarily mean New York products will be purchased, it does present a
legal framework that still gives New York mines an advantage over
foreign competition.

 
LEGISLATIVE HISTORY:

2019-2020: S.8966 Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

S3908A (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3908--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2021
                                ___________
 
 Introduced by Sens. KENNEDY, GALLIVAN -- read twice and ordered printed,
   and  when  printed to be committed to the Committee on Procurement and
   Contracts -- committee discharged, bill amended, ordered reprinted  as
   amended and recommitted to said committee
 
 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 OR HAND HARVESTED 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.

 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07974-02-1

 S. 3908--A                          2
 
   (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER  UNDER  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED OR HAND HARVESTED IN THE
 UNITED STATES; OR
   (II) REPRESENTED THAT  ANY  ROCK  SALT,  OR  SODIUM  CHLORIDE  PRODUCT
 PROCURED  IN  A  CONTRACT  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 CHAPTER.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS CHAPTER;
   (C) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED  FROM  LAND OR PONDS WITHIN THE BOUNDARY OF THE UNITED STATES,
 FROM THE INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION  OF  ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  3.  The  general  municipal  law is amended by adding a new section
 104-d to read as follows:
   § 104-D. 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 OF A  POLI-
 TICAL SUBDIVISION SHALL CONTAIN A PROVISION THAT THE ROCK SALT, OR SODI-
 UM  CHLORIDE, USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY

 S. 3908--A                          3
 
 SUBCONTRACT THERETO SHALL BE MINED  OR  HAND  HARVESTED  IN  THE  UNITED
 STATES.
   (B)  NO  BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
 ABLE 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
 OPPORTUNITY  FOR  PUBLIC  COMMENT  ON  THE  REQUEST AT LEAST THIRTY DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I) SUMMARIZE THE INFORMATION AVAILABLE TO  THE  EXECUTIVE  CONCERNING
 THE  REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON,  FIRM  OR  CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G)  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 ROCK SALT, OR SODIUM CHLORIDE
 PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED OR HAND HARVESTED IN THE
 UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  ROCK  SALT,  OR  SODIUM CHLORIDE PRODUCT
 PROCURED IN A CONTRACT 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.
   (H)  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:

 S. 3908--A                          4
 
   (A) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (C) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED FROM LAND OR PONDS WITHIN THE BOUNDARY OF THE  UNITED  STATES,
 FROM  THE  INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION OF ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (D) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
 ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
 THE UNITED STATES.
   § 4. The public authorities law is amended by  adding  a  new  section
 2877-a to read as follows:
   § 2877-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  AUTHORITY  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 OR HAND HARVESTED IN THE UNITED STATES.
   (B)  NO  BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI-
 ABLE 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
 OPPORTUNITY  FOR  PUBLIC  COMMENT  ON  THE  REQUEST AT LEAST THIRTY DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I) SUMMARIZE THE INFORMATION AVAILABLE TO  THE  EXECUTIVE  CONCERNING
 THE  REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON,  FIRM  OR  CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F)  IF  THE  EXECUTIVE  ISSUES  A  WAIVER UNDER PARAGRAPH (C) OF THIS
 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH  IN  THE  SAME  MANNER  AS  THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY:

 S. 3908--A                          5
 
   (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA"  INSCRIPTION,  OR  ANY
 INSCRIPTION  WITH THE SAME MEANING, TO ANY ROCK SALT, OR SODIUM CHLORIDE
 PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED OR HAND HARVESTED IN THE
 UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  ROCK  SALT,  OR  SODIUM CHLORIDE PRODUCT
 PROCURED IN A CONTRACT 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.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B) "PUBLIC AGENCY" MEANS A STATE, LOCAL OR  INTERSTATE  AUTHORITY  AS
 THOSE TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER;
   (C) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED  FROM  LAND OR PONDS WITHIN THE BOUNDARY OF THE UNITED STATES,
 FROM THE INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION  OF  ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  5.  The highway law is amended by adding a new section 12-a to read
 as follows:
   § 12-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 AUTHORITY 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 OR HAND HARVESTED IN THE UNITED STATES.
   (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
 ABLE  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
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:

 S. 3908--A                          6
 
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED OR HAND HARVESTED IN THE
 UNITED STATES; OR
   (II) REPRESENTED THAT  ANY  ROCK  SALT,  OR  SODIUM  CHLORIDE  PRODUCT
 PROCURED  IN  A  CONTRACT  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.
   (H) 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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (C) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED FROM LAND OR PONDS WITHIN THE BOUNDARY OF THE  UNITED  STATES,
 FROM  THE  INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION OF ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (D) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
 ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
 THE UNITED STATES.
   § 6. Severability. If any provision of this act, or any application of
 any provision of this act, is held to be invalid, that shall not  affect
 the  validity or effectiveness of any other provision of this act, or of
 any other application of any provision of this act, which can  be  given
 effect  without  that  provision  or  application;  and to that end, the
 provisions and applications of this act are severable.
   § 7. This act shall take effect immediately.

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The New York State Senate

senate Bill S3908A

Sponsored By

Archive: Last Bill Status - Passed Senate

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Votes

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 19, 2022 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: Jan 19, 2022

May 18, 2021 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S3908 - Details

S3908 - Summary

S3908 - Sponsor Memo

S3908 - Bill Text download pdf

Co-Sponsors

S3908A (ACTIVE) - Details

S3908A (ACTIVE) - Summary

S3908A (ACTIVE) - Sponsor Memo

S3908A (ACTIVE) - Bill Text download pdf

Comments

senate Bill S3908A

Share this bill

Sponsored By

Archive: Last Bill Status - Passed Senate

Your Voice

Actions

Votes

Feb 15, 2022 - floor Vote

Floor Vote: Feb 15, 2022

Jan 19, 2022 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: Jan 19, 2022

May 18, 2021 - Procurement and Contracts committee Vote

Procurement and Contracts Committee Vote: May 18, 2021

Bill Amendments

Co-Sponsors

S3908 - Details

S3908 - Summary

S3908 - Sponsor Memo

S3908 - Bill Text download pdf

Co-Sponsors

S3908A (ACTIVE) - Details

S3908A (ACTIVE) - Summary

S3908A (ACTIVE) - Sponsor Memo

S3908A (ACTIVE) - Bill Text download pdf

Comments