NY State Senate Bill 2023-S8369

Current Bill Status - In Senate Committee Energy And Telecommunications 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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 23, 2024	referred to energy and telecommunications

2023-S8369 (ACTIVE) - Details

Current Committee:: Senate Energy And Telecommunications
Law Section:: Public Service Law
Laws Affected:: Amd §66-r, Pub Serv L

2023-S8369 (ACTIVE) - Summary

Requires that all materials, including raw materials, used or supplied in the performance of a contract or any subcontract for the construction, reconstruction, alteration, repair, improvement or maintenance of a covered renewable energy system be produced or made in whole or substantial part in the United States, its territories or possessions.

2023-S8369 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8369

SPONSOR: BORRELLO
 
TITLE OF BILL:

An act to amend the public service law, in relation to requiring that
renewable energy systems projects use materials produced in the United
States

 
PURPOSE OR GENERAL IDEA OF BILL:

The purpose of this legislation is to require that renewable energy
systems projects use materials produced in the United States.

 
SUMMARY OF PROVISIONS:

Section 1: amends subdivision 4 of section 66-r of the public service
law by providing that any public entity in a contract for improvement or
maintenance of a covered renewable energy system shall ensure that such
contract shall contain a provision that all materials including raw
materials, used, or supplied in the performance of the contract or any
subcontract thereto shall be produced or made in whole or substantial

part in the United States, its territories, or possessions. All manufac-
turing must take place in the United States, from the initial melting
stage through the application of coating, except metallurgical processes
involving the refinement of steel additives. The provisions of paragraph
(a) of this subdivision shall not apply if the head of the department or
agency constructing the public works determines that the provisions
would not be in the public interest, would result in unreasonable costs,
or if the necessary material cannot be produced or made in the United
State. This legislation shall not apply for equipment or materials
purchased by a covered renewable energy system prior to the effective
date of this section. The head of department or agency constructing the
public works may provide for a solicitation of a request for proposal or
any other methods provided for by law or regulations involving a compet-
itive process that gives significant consideration in the evaluation
process to the procurement of equipment and supplies from businesses
located in New York State.

Section 2: provides that the act shall take effect immediately.

 
JUSTIFICATION:

New York is rapidly transitioning to an electricity system powered by
renewable energy sources such as wind, solar, and hydropower. This
accelerated renewable energy development is guided by the Climate Act,
which mandates goals for achieving 70% renewably sourced electricity by
2030 and a zero-emission electric grid by 2040. Currently, New York gets
about 28% of its total electricity from renewable sources. Increasing
renewables to 70% in 6 years is unrealistic. It's going to cost the
state billions to get that many renewable project systems online before
the deadline of 2030. The resources we use for these renewable projects
are materials found in other countries where child labor and cheap labor
is happening.  Instead of manufacturing the equipment in the United
States our state is outsourcing to other countries in its rush to
mandate renewables.  New York State is overlooking the terrible labor
practices and environmental conditions of the countries manufacturing
"clean, green" energy systems. This piece of legislation will require
contracts made for renewable energy systems to use necessary materials
produced in the United States, keeping New York State from outsourcing
to countries who permit the use of child labor,
 cheap labor, and hazardous working conditions.  By using materials and
equipment produced in the United States we can avoid supporting labor
and environmental practices that are exploitative and violate human
rights.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S8369 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8369
 
                             I N  S E N A T E
 
                             January 23, 2024
                                ___________
 
 Introduced  by Sen. BORRELLO -- read twice and ordered printed, and when
   printed to be committed to the Committee on  Energy  and  Telecommuni-
   cations
 
 AN  ACT  to  amend the public service law, in relation to requiring that
   renewable energy systems projects use materials produced in the United
   States
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 4 of section 66-r of the public service law, as
 added  by  section  2-a of part AA of chapter 56 of the laws of 2021, is
 amended to read as follows:
   4.(a) Any public entity, in each  contract  for  construction,  recon-
 struction,  alteration,  repair, improvement or maintenance of a covered
 renewable energy system which involves the procurement  of  a  renewable
 energy  credits agreement by a public entity, or a third party acting on
 behalf and for the benefit of a public entity, the "public work" for the
 purposes of this subdivision, shall  ensure  that  such  contract  shall
 contain  a provision that [the iron and structural steel] ALL MATERIALS,
 INCLUDING RAW MATERIALS, used or supplied  in  the  performance  of  the
 contract  or  any  subcontract thereto [and that is permanently incorpo-
 rated into the public work,] shall be  produced  or  made  in  whole  or
 substantial  part  in the United States, its territories or possessions.
 In the case of a structural iron or structural  steel  product  USED  OR
 SUPPLIED  IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO,
 all manufacturing must take place in the United States, from the initial
 melting stage through the application of coatings, except  metallurgical
 processes involving the refinement of steel additives. [For the purposes
 of  this  subdivision,  "permanently incorporated" shall mean an iron or
 steel product that is required to remain in place  at  the  end  of  the
 project  contract,  in  a  fixed location, affixed to the public work to
 which it was incorporated. Iron and steel products that are  capable  of
 being  moved  from  one location to another are not permanently incorpo-
 rated into a public work.]
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD14082-01-4

 S. 8369                             2
 
   (b) The provisions of paragraph (a)  of  this  subdivision  shall  not
 apply  if  the  head of the department or agency constructing the public
 works, in his or her sole discretion,  determines  that  the  provisions
 would not be in the public interest, would result in unreasonable costs,
 or that obtaining such [steel or iron] NECESSARY MATERIALS in the United
 States  would  increase  the  cost  of  the  contract by an unreasonable
 amount, or such [iron or steel, including without limitation  structural
 iron  and  structural  steel]  NECESSARY MATERIALS cannot be produced or
 made in the United States in sufficient and reasonably available quanti-
 ties and of satisfactory quality. The head of the department  or  agency
 constructing  the  public  works  shall include this determination in an
 advertisement or solicitation of a request for proposal, invitation  for
 bid,  or  solicitation  of proposal, or any other method provided for by
 law or regulation for soliciting a response from offerors  intending  to
 result  in  a  contract pursuant to this subdivision.  The provisions of
 paragraph (a) of this subdivision shall not apply for equipment OR MATE-
 RIALS purchased by a covered renewable energy system prior to the effec-
 tive date of this [chapter] SECTION.
   (c) The head of the department or agency constructing the public works
 may, at his or her sole discretion, provide  for  a  solicitation  of  a
 request  for  proposal, invitation for bid, or solicitation of proposal,
 or any other method provided for by law or regulation for  soliciting  a
 response  from  offerors  intending  to result in a contract pursuant to
 this paragraph involving a competitive process in which  the  evaluation
 of  competing  bids  gives  significant  consideration in the evaluation
 process to the procurement of equipment  and  supplies  from  businesses
 located in New York state.
   § 2. This act shall take effect immediately.

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Senate Bill S8369

Sponsored By

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S8369 (ACTIVE) - Details

2023-S8369 (ACTIVE) - Summary

2023-S8369 (ACTIVE) - Sponsor Memo

2023-S8369 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8369

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Sponsored By

George M. Borrello

Current Bill Status - In Senate Committee Energy And Telecommunications Committee

2023-S8369 (ACTIVE) - Details

2023-S8369 (ACTIVE) - Summary

2023-S8369 (ACTIVE) - Sponsor Memo

2023-S8369 (ACTIVE) - Bill Text download pdf

Comments