Senate Bill S3908A

2021-2022 Legislative Session

Relates to enacting the New York state buy American salt act

download bill text pdf

Sponsored By

Archive: Last Bill Status - In Assembly 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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Votes

Bill Amendments

co-Sponsors

2021-S3908 - Details

Current Committee:
Assembly Governmental Operations
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

2021-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.

2021-S3908 - Sponsor Memo

2021-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
              

co-Sponsors

2021-S3908A (ACTIVE) - Details

Current Committee:
Assembly Governmental Operations
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

2021-S3908A (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 or hand harvested in the United States.

2021-S3908A (ACTIVE) - Sponsor Memo

2021-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.
              

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