Assembly Bill A11496

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   11496
 
                           I N  A S S E M B L Y
 
                               May 28, 2026
                                ___________
 
 Introduced  by  COMMITTEE ON RULES -- (at request of M. of A. Stirpe) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to enacting the  "NYS
   PPE resilience & manufacturing act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "NYS PPE resilience & manufacturing act".
   § 2. The state finance law is amended by adding a new section 165-b to
 read as follows:
   §  165-B.  PURCHASING OF PERSONAL PROTECTIVE EQUIPMENT BY STATE-FUNDED
 ENTITIES. 1. AS USED IN THIS SECTION, THE  FOLLOWING  DEFINITIONS  SHALL
 APPLY:
   (A) "PERSONAL PROTECTIVE EQUIPMENT" OR "PPE" SHALL HAVE THE SAME DEFI-
 NITION  AS  SUCH  TERM  IS DEFINED BY SECTION ONE HUNDRED FORTY-EIGHT OF
 THIS CHAPTER.
   (B) "STATE-FUNDED HEALTH CARE ENTITY" SHALL MEAN: (I) ANY STATE  AGEN-
 CY,  INCLUDING  THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY
 OF NEW YORK; (II) ANY HOSPITAL  OR  NURSING  HOME,  AS  SUCH  TERMS  ARE
 DEFINED  BY  SECTION  TWENTY-EIGHT HUNDRED ONE OF THE PUBLIC HEALTH LAW,
 THAT RECEIVES STATE FUNDING,  INCLUDING  BUT  NOT  LIMITED  TO  MEDICAID
 REIMBURSEMENTS  OR  STATE GRANTS; AND (III) ANY COMMUNITY HEALTH CENTER,
 DIAGNOSTIC AND TREATMENT CENTER, OR FEDERALLY  QUALIFIED  HEALTH  CENTER
 RECEIVING STATE AID OR GRANTS.
   2. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ALL STATE-FUNDED HEALTH
 CARE ENTITIES SHALL BE REQUIRED TO PURCHASE PPE MANUFACTURED IN NEW YORK
 STATE  FOR ALL CONTRACTS EXCEEDING FIFTY THOUSAND DOLLARS, PROVIDED THAT
 SUCH EQUIPMENT IS AVAILABLE AND MEETS THE  REQUIRED  SPECIFICATIONS  FOR
 FORM, FUNCTION, AND UTILITY.
   3. THE COMMISSIONER MAY ISSUE A WAIVER OF THE REQUIREMENTS OF SUBDIVI-
 SION  TWO  OF THIS SECTION UPON A FINDING THAT: (A) THE SPECIFIC TYPE OF
 PPE IS NOT PRODUCED IN NEW YORK STATE IN ANY QUANTITY; OR (B)  THE  COST
 OF  NEW  YORK  STATE MANUFACTURED PPE EXCEEDS THE COST OF COMPARABLE PPE
 MANUFACTURED OUTSIDE THE STATE BY MORE THAN TWENTY PERCENT.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD15944-01-6
 A. 11496                            2
 
   4. ANY WAIVER GRANTED UNDER SUBDIVISION THREE OF THIS SECTION SHALL BE
 PUBLISHED ON THE WEBSITE OF THE OFFICE OF GENERAL SERVICES FOR  NO  LESS
 THAN  FIFTEEN  DAYS  TO  ALLOW FOR PUBLIC COMMENT BEFORE THE CONTRACT IS
 FINALIZED.
   §  3.  This  act shall take effect on the ninetieth day after it shall
 have become a law. Effective immediately, the addition, amendment and/or
 repeal of any rule or regulation necessary  for  the  implementation  of
 this  act  on its effective date are authorized to be made and completed
 on or before such effective date.