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.