The New York State Senate

 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1209
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 13, 2023
                                ___________
 
 Introduced  by  M.  of A. McDONALD, FAHY, WOERNER, OTIS, STERN, LUPARDO,
   TAYLOR, DICKENS, MILLER, BUTTENSCHON,  GUNTHER,  McDONOUGH,  TAGUE  --
   read once and referred to the Committee on Governmental Operations
 
 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

 A. 1209                             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.