The New York State Senate

 
                     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.