S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2850
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 25, 2023
                                ___________
 
 Introduced  by Sens. BRESLIN, ADDABBO, HELMING -- read twice and ordered
   printed, and when printed to be committed to the Committee on Procure-
   ment and Contracts
 
 AN ACT to amend the state finance law and the public authorities law, in
   relation to the purchase of personal protective equipment and  medical
   supplies produced or manufactured in the state of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of section 148 of  the  state  finance
 law, as added by section 2 of part BB of chapter 55 of the laws of 2021,
 are amended to read as follows:
   1.  Notwithstanding  any  other  provisions of law, all contracts over
 fifty thousand dollars in value made and awarded by  any  department  or
 agency of the state for the purchase of personal protective equipment or
 medical supplies shall require that the personal protective equipment or
 medical supply items be produced or made in whole or substantial part in
 the  [United States] STATE OF NEW YORK; AND SHALL UTILIZE, TO THE EXTENT
 PRACTICABLE, PREFERRED SOURCES IN ACCORDANCE WITH  SECTION  ONE  HUNDRED
 SIXTY-TWO  OF THE STATE FINANCE LAW, FOR AT LEAST THIRTY PERCENT OF SUCH
 PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS.
   3. The provisions of this section shall not apply if the head  of  the
 department  or  agency  purchasing  the personal protective equipment or
 medical supplies, in his or her sole discretion,  determines  that  such
 provisions  would  not  be  in  the public interest; that obtaining such
 personal protective equipment or medical supplies PRODUCED  OR  MADE  in
 the STATE OF NEW YORK OR IN THE United States would increase the cost of
 the  contract  by  an unreasonable amount; that such personal protective
 equipment or medical supplies cannot be produced or made in the STATE OF
 NEW YORK OR IN THE United States in sufficient and reasonably  available
 quantities  and  of  satisfactory  quality or design to meet the depart-
 ment's or agency's requirements; or that purchasing personal  protective
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04042-01-3
              

 S. 2850                             2
 
 equipment  or  medical supplies manufactured outside of the STATE OF NEW
 YORK OR OUTSIDE OF THE United States is necessary to avoid  a  delay  in
 the  delivery  of  critical  services  that  could compromise the public
 welfare.  IN  THE EVENT A NEW YORK STATE SOURCE OR A PREFERRED SOURCE IS
 NOT ABLE TO SUPPLY  PERSONAL  PROTECTIVE  EQUIPMENT  OR  MEDICAL  SUPPLY
 ITEMS,  ANY  OTHER PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS
 PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED  STATES  MAY
 BE UTILIZED TO SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
   §  2. Subdivisions 1 and 3 of section 2878-c of the public authorities
 law, as added by section 3 of part BB of chapter 55 of the laws of 2021,
 are amended to read as follows:
   1. Notwithstanding any other provisions of  law,  all  contracts  over
 fifty  thousand dollars in value made and awarded by any state authority
 for the purchase of personal protective equipment  or  medical  supplies
 shall  require  that the personal protective equipment or medical supply
 items be produced or made in whole or substantial part  in  the  [United
 States] STATE OF NEW YORK; AND SHALL UTILIZE, TO THE EXTENT PRACTICABLE,
 PREFERRED  SOURCES  IN  ACCORDANCE WITH SECTION ONE HUNDRED SIXTY-TWO OF
 THE STATE FINANCE LAW, FOR AT LEAST  THIRTY  PERCENT  OF  SUCH  PERSONAL
 PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS.
   3.  The  provisions of this section shall not apply if the head of the
 state authority purchasing the personal protective equipment or  medical
 supplies, in his or her sole discretion, determines that such provisions
 would  not  be  in  the  public  interest;  that obtaining such personal
 protective equipment or medical supplies in the STATE  OF  NEW  YORK  OR
 OUTSIDE  OF THE United States would increase the cost of the contract by
 an unreasonable amount;  that  such  personal  protective  equipment  or
 medical  supplies cannot be produced or made in the STATE OF NEW YORK OR
 IN THE United States in sufficient and reasonably  available  quantities
 and  of  satisfactory  quality  or  design to meet the state authority's
 requirements;  or  that  purchasing  personal  protective  equipment  or
 medical  supplies  manufactured  outside  of  the  STATE  OF NEW YORK OR
 OUTSIDE OF THE United States is necessary to avoid a delay in the deliv-
 ery of critical services that could compromise the  public  welfare.  IN
 THE  EVENT  A NEW YORK STATE SOURCE OR A PREFERRED SOURCE IS NOT ABLE TO
 SUPPLY PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS, ANY  OTHER
 PERSONAL  PROTECTIVE  EQUIPMENT OR MEDICAL SUPPLY ITEMS PRODUCED OR MADE
 IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES  MAY  BE  UTILIZED  TO
 SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
   §  3.  This  act  shall take effect on the sixtieth day after it shall
 have become a law and shall apply to any state contracting opportunities
 advertised on or after such date and shall exclude contracts  for  which
 an invitation for bid, request for proposal, or similar solicitation has
 been issued prior to this proposal becoming effective.