NY State Senate Bill 2023-S814

Senate Bill S814

Signed By Governor

2023-2024 Legislative Session

Relates to awarding a contract for the purchase of rock salt or sodium chloride

download bill text pdf

Current Bill Status - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 03, 2023	signed chap.72 delivered to governor
Jan 23, 2023	returned to senate passed assembly ordered to third reading rules cal.24 substituted for a620
Jan 17, 2023	referred to governmental operations delivered to assembly passed senate
Jan 09, 2023	ordered to third reading cal.23
Jan 06, 2023	referred to rules

Votes

- Jan 17, 2023 - Floor Vote
  S814
  
  62
  
  Aye
  
  0
  
  Nay
  
  0
  
  Absent
  
  1
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jan 17, 2023
      
      aye (62)
      
      Addabbo Jr.
      
      Ashby
      
      Bailey
      
      Borrello
      
      Breslin
      
      Brisport
      
      Brouk
      
      Canzoneri-Fitzpatrick
      
      Chu
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Gonzalez
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martinez
      
      Martins
      
      Mattera
      
      May
      
      Murray
      
      Myrie
      
      O'Mara
      
      Oberacker
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rhoads
      
      Rivera
      
      Rolison
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Scarcella-Spanton
      
      Sepúlveda
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stec
      
      Stewart-Cousins
      
      Tedisco
      
      Thomas
      
      Walczyk
      
      Webb
      
      Weber
      
      Weik
      
      excused (1)
      
      Mayer
  Jan 9, 2023 - Rules Committee Vote
  S814
  
  17
  
  Aye
  
  0
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  2
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jan 9, 2023
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Breslin
      
      Comrie
      
      Fernandez
      
      Gallivan
      
      Gianaris
      
      Helming
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Sepúlveda
      
      Stewart-Cousins
      
      aye wr (2)
      
      Stec
      
      Thomas
      
      excused (2)
      
      Griffo
      
      Lanza

2023-S814 (ACTIVE) - Details

See Assembly Version of this Bill:: A620
Law Section:: State Finance Law
Laws Affected:: Amd §162-a, St Fin L; amd §104-d, Gen Muni L; amd §2877-a, Pub Auth L; amd §12-a, Hway L; amd §7, Chap of 2022 (as proposed in S.9441 & A.7919-A)

2023-S814 (ACTIVE) - Summary

Directs that when soliciting a contract for the purchase of rock salt or sodium chloride, any department or agency of the state, any department or agency of a political subdivision, any public authority, or the commissioner of transportation, may award such contract to the responsible and reliable bidder offering to supply rock salt or sodium chloride that is mined or hand harvested in the United States, and which offer is within ten percent of the lowest price or best value offer, rather than to the lowest responsible and reliable bidder.

2023-S814 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S814

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the state finance law, the general municipal law, the
public authorities law and the highway law, in relation to awarding a
contract for the purchase of rock salt or sodium chloride; and to amend
a chapter of the laws of 2022 amending the state finance law, the gener-
al municipal law, the public authorities law and the highway law relat-
ing to enacting the New York state buy American salt act, as proposed in
legislative bills numbers S. 9441 and A. 7919-A, in relation to the
effectiveness thereof

 
SUMMARY OF PROVISIONS:

This legislation makes a variety of amendments to a chapter of law that
was signed in 2022. The chapter amendment legislation authorizes procur-
ing government entities to purchase domestic salt within an established
price threshold rather than mandating them to do so.

Sections one, two, three, and four amend the State Finance Law, General
Municipal Law, Public Authorities Law, and Highway Law respectively to

authorize the relevant state, local, and public authority bodies procur-
ing salt to award contracts to responsible and reliable bidders of
domestically mined or hand harvested rock salt or sodium chloride.

These respective procuring agencies are limited in this authorization to
providing this bid preference that does not exceed 10 percent of the
lowest price bid or best value offer.

Section five modifies the effective date for the original chapter.

 
JUSTIFICATION:

New York State has at least two salt mines in the state that provide
rock salt for road deicing purposes, with these two large mines located
in Upstate New York. Despite these mines offering good paying jobs for
workers, competition with foreign salt operations has recently harmed
each mine. For example in 2019, a mine near Rochester laid off 260
employees when non-US companies were awarded over $18.8 million in state
contracts, representing about 7% of its overall business. Stories of
salt mined in Egypt sitting in ports along the Hudson River have become
common, despite our stale and country having operational salt mines here
in the United States.

Salt mined or harvested in New York State adds an estimated $3.00 in tax
revenue for every ton of salt produced, providing a financial boon to
the state and various counties, in addition to employing workers, clear-
ly showing the fiscal and economic benefits to purchasing material
produced in the state. New York has previously prioritized the purchase
of goods by focusing on a Buy American strategy, most recently in 2017
when the Governor and Legislature agreed to prioritize American made
steel in state contracts. While purchasing American products does not
necessarily mean New York products will be purchased, it does present a
legal framework that gives government entities the ability to consider
the additional benefits of procuring salt from New York mines and other
domestic purchasers, including those in Ohio and Louisiana, when making
purchases to help keep New Yorkers safe.
 
LEGISLATIVE HISTORY:

2022: Underlying bill (S.9441) passed both houses.

2019-2020: Underlying bill (S.8966) Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined. This is now an authorization that can be used at the
option of state and local government entities.

 
EFFECTIVE DATE:
April 1, 2023.

2023-S814 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    814
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                              January 6, 2023
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law, the general  municipal  law,  the
   public  authorities law and the highway law, in relation to awarding a
   contract for the purchase of rock salt  or  sodium  chloride;  and  to
   amend  a  chapter  of the laws of 2022 amending the state finance law,
   the general municipal law, the public authorities law and the  highway
   law  relating to enacting the New York state buy American salt act, as
   proposed in legislative bills  numbers  S.  9441  and  A.  7919-A,  in
   relation to the effectiveness thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 162-a of the state finance law, as added by a chap-
 ter of the laws of 2022 amending the  state  finance  law,  the  general
 municipal  law,  the public authorities law and the highway law relating
 to enacting the New York state buy American salt  act,  as  proposed  in
 legislative  bills  numbers S. 9441 and A. 7919-A, is amended 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] WHEN
 SOLICITING A contract for THE purchase [or procurement made by] OF  ROCK
 SALT  OR  SODIUM  CHLORIDE, any department or agency of the state [shall
 contain a provision that the rock salt,  or  sodium  chloride,  used  or
 supplied  in  the  performance  of  the] MAY AWARD SUCH contract [or any
 subcontract thereto shall be]  TO THE RESPONSIBLE  AND  RELIABLE  BIDDER
 OFFERING  TO  SUPPLY  ROCK SALT OR SODIUM CHLORIDE THAT IS mined or hand
 harvested in the United States, AND WHICH OFFER IS WITHIN TEN PERCENT OF
 THE LOWEST PRICE OR BEST VALUE OFFER, RATHER THAN TO THE LOWEST  RESPON-
 SIBLE AND RELIABLE BIDDER.
   (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

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD03963-01-3

 S. 814                              2

 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:
   (i)  affixed  a  label bearing a "Made in America" inscription, or any
 inscription with the same meaning, to any rock salt, or sodium  chloride
 product  used  in  projects  to  which  this section applies, sold in or
 shipped to the United States that was not mined or hand harvested in the
 United States; or
   (ii) represented that  any  rock  salt,  or  sodium  chloride  product
 procured  in  a  contract  to  which  this  section applies that was not
 produced in the United States, was produced in the United  States;  then
 that  person  shall be ineligible to receive any contract or subcontract
 with this state pursuant  to  the  debarment  or  suspension  provisions
 provided under section one hundred thirty-nine-a of this chapter.
   [(e)]  (C)  This  section shall be applied in a manner consistent with
 the state's obligations under any  applicable  international  agreements
 pertaining to government procurement.
   2.  Definitions. For the purposes of this section, the following words
 shall have the following meanings unless specified otherwise:
   (a) "Public agency" means  a  governmental  entity  as  that  term  is
 defined in section one hundred thirty-nine-j of this chapter;
   (b) "Mined or hand harvested in the United States" means: extracted or
 collected  from  land or ponds within the boundary of the United States,
 from the initial separation from the earth through the addition  of  any
 additives necessary for commercial sale;
   (c)  "United  States"  means the United States of America and includes
 all territory, continental or insular, subject to  the  jurisdiction  of
 the United States.
   § 2. Section 104-d of the general municipal law, as added by a chapter
 of  the laws of 2022 amending the state finance law, the general munici-
 pal law, the public authorities law and  the  highway  law  relating  to
 enacting the New York state buy American salt act, as proposed in legis-
 lative  bills  numbers  S.  9441  and  A.  7919-A, is amended to read as
 follows:
   § 104-d. The New York state buy American salt act. 1. Use of  American
 materials.   (a) Notwithstanding any other provision of law, [each] WHEN
 SOLICITING A contract for THE purchase [or procurement made by] OF  ROCK
 SALT  OR SODIUM CHLORIDE, any department or agency of a political subdi-
 vision [shall contain a provision that the rock salt,  or  sodium  chlo-
 ride,  used  or  supplied  in  the  performance  of  the] MAY AWARD SUCH
 contract [or any subcontract thereto shall be] TO  THE  RESPONSIBLE  AND
 RELIABLE  BIDDER OFFERING TO SUPPLY ROCK SALT OR SODIUM CHLORIDE THAT IS
 mined or hand harvested in the United States, AND WHICH OFFER IS  WITHIN
 S. 814                              3
 
 TEN  PERCENT OF THE LOWEST PRICE OR BEST VALUE OFFER, RATHER THAN TO THE
 LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (b)  [No bidder shall be deemed to be the lowest responsible and reli-
 able 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:
   (i) affixed a label bearing a "Made in America"  inscription,  or  any
 inscription  with the same meaning, to any rock salt, or sodium chloride
 product used in projects to which  this  section  applies,  sold  in  or
 shipped to the United States that was not mined or hand harvested in the
 United States; or
   (ii)  represented  that  any  rock  salt,  or  sodium chloride product
 procured in a contract to  which  this  section  applies  that  was  not
 produced  in  the United States, was produced in the United States; then
 that person shall be ineligible to receive any contract  or  subcontract
 with  this  state  pursuant  to  the  debarment or suspension provisions
 provided under section one hundred thirty-nine-a of  the  state  finance
 law.
   [(e)]  (C)  This  section shall be applied in a manner consistent with
 the state's obligations under any  applicable  international  agreements
 pertaining to government procurement.
   2.  Definitions. For the purposes of this section, the following words
 shall have the following meanings unless specified otherwise:
   (a) "Public agency" means  a  governmental  entity  as  that  term  is
 defined in section one hundred thirty-nine-j of the state finance law;
   (b) "Mined or hand harvested in the United States" means: extracted or
 collected  from  land or ponds within the boundary of the United States,
 from the initial separation from the earth through the addition  of  any
 additives necessary for commercial sale;
   (c)  "United  States"  means the United States of America and includes
 all territory, continental or insular, subject to  the  jurisdiction  of
 the United States.
   § 3. Section 2877-a of the public authorities law, as added by a chap-
 ter  of  the  laws  of  2022 amending the state finance law, the general
 municipal law, the public authorities law and the highway  law  relating
 to  enacting  the  New  York state buy American salt act, as proposed in
 legislative bills numbers S. 9441 and A. 7919-A, is amended to  read  as
 follows:
   § 2877-a. The New York state buy American salt act. 1. Use of American
 materials.   (a) Notwithstanding any other provision of law, [each] WHEN
 SOLICITING A contract for THE purchase [or procurement made by] OF  ROCK
 SALT OR SODIUM CHLORIDE, any public authority [shall contain a provision
 that the rock salt, or sodium chloride, used or supplied in the perform-
 ance  of  the] MAY AWARD SUCH contract [or any subcontract thereto shall
 S. 814                              4

 be] TO THE RESPONSIBLE AND RELIABLE BIDDER OFFERING TO SUPPLY ROCK  SALT
 OR SODIUM CHLORIDE THAT IS mined or hand harvested in the United States,
 AND  WHICH OFFER IS WITHIN TEN PERCENT OF THE LOWEST PRICE OR BEST VALUE
 OFFER, RATHER THAN TO THE LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (b)  [No bidder shall be deemed to be the lowest responsible and reli-
 able 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 public
 authority 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:
   (i)  affixed  a  label bearing a "Made in America" inscription, or any
 inscription with the same meaning, to any rock salt, or sodium  chloride
 product  used  in  projects  to  which  this section applies, sold in or
 shipped to the United States that was not mined or hand harvested in the
 United States; or
   (ii) represented that  any  rock  salt,  or  sodium  chloride  product
 procured  in  a  contract  to  which  this  section applies that was not
 produced in the United States, was produced in the United  States;  then
 that  person  shall be ineligible to receive any contract or subcontract
 with this state pursuant  to  the  debarment  or  suspension  provisions
 provided  under  section  one hundred thirty-nine-a of the state finance
 law.
   [(e)] (C) This section shall be applied in a  manner  consistent  with
 the  state's  obligations  under any applicable international agreements
 pertaining to government procurement.
   2. Definitions. For the purposes of this section, the following  words
 shall have the following meanings unless specified otherwise:
   (a) "Public authority" means a state, local or interstate authority as
 those terms are defined in section two of this chapter;
   (b) "Mined or hand harvested in the United States" means: extracted or
 collected  from  land or ponds within the boundary of the United States,
 from the initial separation from the earth through the addition  of  any
 additives necessary for commercial sale;
   (c)  "United  States"  means the United States of America and includes
 all territory, continental or insular, subject to  the  jurisdiction  of
 the United States.
   §  4.  Section  12-a  of the highway law, as added by a chapter of the
 laws of 2022 amending the state finance law, the general municipal  law,
 the  public authorities law and the highway law relating to enacting the
 New York state buy American salt act, as proposed in  legislative  bills
 numbers S. 9441 and A. 7919-A, is amended to read as follows:
   §  12-a.  The New York state buy American salt act. 1. Use of American
 materials. (a) Notwithstanding any other provision of law,  [each]  WHEN
 SOLICITING  A  contract  for  THE  purchase  [or procurement made by any
 public authority shall contain a provision that the] OF rock salt[,]  or
 sodium  chloride,  [used  or supplied in the performance of] the COMMIS-
 S. 814                              5
 
 SIONER OF TRANSPORTATION MAY AWARD SUCH  contract  [or  any  subcontract
 thereto  shall  be]  TO  THE RESPONSIBLE AND RELIABLE BIDDER OFFERING TO
 SUPPLY ROCK SALT OR SODIUM CHLORIDE THAT IS mined or hand  harvested  in
 the  United  States, AND WHICH OFFER IS WITHIN TEN PERCENT OF THE LOWEST
 PRICE OR BEST VALUE OFFER, RATHER THAN TO  THE  LOWEST  RESPONSIBLE  AND
 RELIABLE BIDDER.
   (b)  [No bidder shall be deemed to be the lowest responsible and reli-
 able 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 public
 authority 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:
   (i)  affixed  a  label bearing a "Made in America" inscription, or any
 inscription with the same meaning, to any rock salt, or sodium  chloride
 product  used  in  projects  to  which  this section applies, sold in or
 shipped to the United States that was not mined or hand harvested in the
 United States; or
   (ii) represented that  any  rock  salt,  or  sodium  chloride  product
 procured  in  a  contract  to  which  this  section applies that was not
 produced in the United States, was produced in the United  States;  then
 that  person  shall be ineligible to receive any contract or subcontract
 with this state pursuant  to  the  debarment  or  suspension  provisions
 provided  under  section  one hundred thirty-nine-a of the state finance
 law.
   [(e)] (C) This section shall be applied in a  manner  consistent  with
 the  state's  obligations  under any applicable international agreements
 pertaining to government procurement.
   2. Definitions. For the purposes of this section, the following  words
 shall have the following meanings unless specified otherwise:
   (a)  ["Public  authority"  means a governmental entity as that term is
 defined in section one hundred thirty-nine-j of the state finance law;
   (b)] "Mined or hand harvested in the United States"  means:  extracted
 or  collected  from  land  or  ponds  within  the boundary of the United
 States, from the initial separation from the earth through the  addition
 of any additives necessary for commercial sale;
   [(c)]  (B)  "United  States"  means  the  United States of America and
 includes all territory, continental or insular, subject to the jurisdic-
 tion of the United States.
   § 5. Section 7 of a chapter of the laws of  2022  amending  the  state
 finance  law,  the general municipal law, the public authorities law and
 the highway law relating to enacting the New  York  state  buy  American
 salt  act,  as  proposed  in  legislative  bills  numbers S. 9441 and A.
 7919-A, is amended to read as follows:
   § 7. This act shall take effect [immediately] APRIL 1, 2023 AND  SHALL
 APPLY ONLY TO CONTRACTS ENTERED INTO AFTER SUCH DATE.
 S. 814                              6
 
   §  6.  This  act  shall take effect immediately, provided however that
 sections one, two, three and four of this act shall take effect  on  the
 same date and in the same manner as a chapter of the laws of 2022 amend-
 ing the state finance law, the general municipal law, the public author-
 ities  law  and  the highway law relating to enacting the New York state
 buy American salt act, as proposed in legislative bills numbers S.  9441
 and A. 7919-A, takes effect.

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