senate Bill S9441

2021-2022 Legislative Session

Relates to enacting the New York state buy American salt act

download bill text pdf

Sponsored By

Current Bill Status Via A7919 - Passed Senate & Assembly


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

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Actions

view actions (8)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 01, 2022 returned to assembly
passed senate
3rd reading cal.1799
substituted for s9441
Jun 01, 2022 substituted by a7919a
ordered to third reading cal.1799
committee discharged and committed to rules
May 27, 2022 referred to procurement and contracts

Co-Sponsors

S9441 (ACTIVE) - Details

See Assembly Version of this Bill:
A7919
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

S9441 (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.

S9441 (ACTIVE) - Sponsor Memo

S9441 (ACTIVE) - Bill Text download pdf

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9441
 
                             I N  S E N A T E
 
                               May 27, 2022
                                ___________
 
 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 ANY DEPARTMENT OR AGENCY OF
 THE STATE SHALL CONTAIN A PROVISION THAT THE ROCK SALT, OR SODIUM  CHLO-
 RIDE, USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCON-
 TRACT 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 HEAD OF SUCH DEPART-
 MENT OR AGENCY DETERMINES THAT:
   (I) SUCH REQUIREMENT WOULD NOT BE IN THE PUBLIC INTEREST;
   (II) SUCH REQUIREMENT WOULD RESULT IN UNREASONABLE COSTS;
   (III)  SUCH  MATERIALS  AND  PRODUCTS CANNOT BE PRODUCED IN THE UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (IV) OBTAINING SUCH MATERIALS AND PRODUCTS IN THE UNITED STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT.
   (D)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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