NY State Assembly Bill 2025-A5425A

Current Bill Status - In Assembly 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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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jun 04, 2025	print number 5425a
Jun 04, 2025	amend (t) and recommit to governmental operations
Feb 14, 2025	referred to governmental operations

Bill Amendments

Original

A (Active)

2025-A5425 - Details

See Senate Version of this Bill:: S4329
Current Committee:: Assembly Governmental Operations
Law Section:: State Finance Law
Laws Affected:: Add §162-b, St Fin L; add §104-e, Gen Muni L; add §2877-b, Pub Auth L; ren Art 50 §§1000 - 1003 to be Art 60 §§1101 - 1103, add Art 50 §§1010 - 1012, Exec L

2025-A5425 - Summary

Enacts the "New York State buy North American act" which requires the state, municipalities, public authorities and covered affordable housing projects to award contracts for the supply of manufactured products used in building projects to bidders who produce such manufactured products used in building projects primarily in North America; defines terms; makes related provisions.

2025-A5425 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5425
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend the state finance law, the general municipal law, the
   public authorities law and the executive law, in relation to  enacting
   the "New York State buy North American windows 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 "New York State buy North American windows act".
   § 2. The state finance law is amended by adding a new section 162-b to
 read as follows:
   §  162-B. THE NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT. 1. USE OF
 NORTH AMERICAN MATERIALS. (A) NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 LAW, WHEN SOLICITING A CONTRACT FOR THE PURCHASE OF WINDOWS, ANY DEPART-
 MENT OR AGENCY OF THE STATE SHALL AWARD SUCH CONTRACT TO THE RESPONSIBLE
 AND RELIABLE BIDDER OFFERING TO SUPPLY WINDOWS PRODUCED OR MADE IN WHOLE
 OR  SUBSTANTIAL  PART IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TWENTY-
 FIVE PERCENT OF THE LOWEST PRICE OR BEST VALUE OFFER, RATHER THAN TO THE
 LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (B) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
 THAT  ANY  PERSON  INTENTIONALLY  CARRIED OUT ANY OF THE FOLLOWING, THEN
 SUCH 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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION  WITH  THE  SAME MEANING, TO ANY WINDOW PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN
 NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  WINDOW PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04153-01-5

 A. 5425                             2
 
 SUBSTANTIAL  PART  IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   (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)  "WINDOWS  PRODUCED  OR MADE IN WHOLE OR IN PART IN NORTH AMERICA"
 MEANS THE TOTAL VALUE, IN UNITED  STATES  DOLLARS,  OF  THE  FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED,  AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE
 PERCENT OF THE TOTAL VALUE OF  ALL  MATERIALS,  EXTRUSIONS,  COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  3.  The  general  municipal  law is amended by adding a new section
 104-e to read as follows:
   § 104-E. THE NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT. 1. USE  OF
 NORTH  AMERICAN  MATERIALS.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, WHEN SOLICITING A CONTRACT FOR THE PURCHASE OF WINDOWS, ANY DEPART-
 MENT OR AGENCY OF A POLITICAL SUBDIVISION SHALL AWARD SUCH  CONTRACT  TO
 THE  RESPONSIBLE AND RELIABLE BIDDER OFFERING TO SUPPLY WINDOWS PRODUCED
 OR MADE IN WHOLE OR SUBSTANTIAL PART IN NORTH AMERICA WHEN SUCH OFFER IS
 WITHIN TWENTY-FIVE PERCENT OF THE LOWEST  PRICE  OR  BEST  VALUE  OFFER,
 RATHER THAN TO THE LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (B)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY CARRIED OUT ANY  OF  THE  FOLLOWING,  THEN
 SUCH  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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION  WITH  THE  SAME MEANING, TO ANY WINDOW PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN
 NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  WINDOW PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  IN
 SUBSTANTIAL  PART  IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   (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) "WINDOWS PRODUCED OR MADE IN WHOLE OR IN PART  IN  NORTH  AMERICA"
 MEANS  THE  TOTAL  VALUE,  IN  UNITED STATES DOLLARS, OF THE FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED, AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS  SEVENTY-FIVE
 A. 5425                             3
 
 PERCENT  OF  THE  TOTAL  VALUE OF ALL MATERIALS, EXTRUSIONS, COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  4.  The  public  authorities  law  is amended by adding new section
 2877-b to read as follows:
   § 2877-B. THE NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT. 1. USE OF
 NORTH AMERICAN MATERIALS. (A) NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 LAW,  WHEN SOLICITING A CONTRACT FOR THE PURCHASE OF WINDOWS, ANY PUBLIC
 AUTHORITY SHALL AWARD SUCH CONTRACT  TO  THE  RESPONSIBLE  AND  RELIABLE
 BIDDER  OFFERING TO SUPPLY WINDOWS PRODUCED OR MADE IN WHOLE OR SUBSTAN-
 TIAL PART IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TWENTY-FIVE PERCENT
 OF THE LOWEST PRICE OR BEST VALUE  OFFER,  RATHER  THAN  TO  THE  LOWEST
 RESPONSIBLE AND RELIABLE BIDDER.
   (B)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY CARRIED OUT ANY  OF  THE  FOLLOWING,  THEN
 SUCH  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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION  WITH  THE  SAME MEANING, TO ANY WINDOW PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN
 NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  WINDOW PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  IN
 SUBSTANTIAL  PART  IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   (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
 SUCH TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER.
   (B)  "WINDOWS  PRODUCED  OR MADE IN WHOLE OR IN PART IN NORTH AMERICA"
 MEANS THE TOTAL VALUE, IN UNITED  STATES  DOLLARS,  OF  THE  FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED,  AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE
 PERCENT OF THE TOTAL VALUE OF  ALL  MATERIALS,  EXTRUSIONS,  COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   § 5. Article 50 and sections 1000, 1001, 10002, and 1003 of the execu-
 tive  law,  as renumbered by chapter 770 of the laws of 1978, are renum-
 bered to be article 60 and sections 1100, 1101, 1102, and 1103 and a new
 article 50 is added to read as follows:
 
                                ARTICLE 50
               NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT
 SECTION 1010. STATEMENT OF PURPOSE.
 A. 5425                             4
 
         1011. DEFINITIONS.
         1012. USE  OF  AMERICAN  MADE  WINDOWS  FOR A COVERED AFFORDABLE
                 HOUSING PROJECT.
   § 1010. STATEMENT OF PURPOSE. IT IS THE PURPOSE  OF  THIS  ARTICLE  TO
 ENCOURAGE  AND  PROMOTE  THE PURCHASE OF NORTH AMERICAN MADE WINDOWS FOR
 COVERED AFFORDABLE HOUSING PROJECTS PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS.
   § 1011. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COVERED  AFFORDABLE HOUSING PROJECT" SHALL MEAN CONSTRUCTION WORK
 DONE UNDER CONTRACT FOR AN AFFORDABLE HOUSING PROJECT WHICH IS PAID  FOR
 IN WHOLE OR IN PART OUT OF PUBLIC FUNDS, AS SUCH TERM IS DEFINED IN THIS
 SECTION,  WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED, IS
 AT LEAST THIRTY PERCENT OF THE  TOTAL  CONSTRUCTION  PROJECT  COSTS  AND
 WHERE SUCH PROJECT COSTS ARE OVER FIVE MILLION DOLLARS.
   2.  "PAID  FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" SHALL MEAN ANY
 OF THE FOLLOWING:
   (A) THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY  ACTING
 ON  BEHALF  OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO OR ON
 BEHALF OF A CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER  THAT  IS  NOT
 SUBJECT TO REPAYMENT;
   (B)  THE  SAVINGS  ACHIEVED FROM FEES, RENTS, INTEREST RATES, OR OTHER
 LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN  MARKET  RATE  COSTS;
 SAVINGS  FROM  REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS,
 TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
 OF TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN  COSTS
 THAT  WOULD  HAVE  OTHERWISE BEEN AT A HIGHER OR MARKET RATE BUT FOR THE
 INVOLVEMENT OF A PUBLIC ENTITY;
   (C) MONEY LOANED BY A PUBLIC ENTITY THAT IS TO BE REPAID ON A  CONTIN-
 GENT BASIS; OR
   (D)  CREDITS  THAT ARE APPLIED BY A PUBLIC ENTITY AGAINST REPAYMENT OF
 OBLIGATIONS TO SUCH PUBLIC ENTITY.
   3. "WINDOWS PRODUCED OR MADE IN WHOLE OR IN  PART  IN  NORTH  AMERICA"
 MEANS  THE  TOTAL  VALUE,  IN  UNITED STATES DOLLARS, OF THE FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED, AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS  SEVENTY-FIVE
 PERCENT  OF  THE  TOTAL  VALUE OF ALL MATERIALS, EXTRUSIONS, COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   4. "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES ALL
 TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE  JURISDICTION  OF  THE
 UNITED STATES.
   5. "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  1012. USE OF AMERICAN MADE WINDOWS FOR A COVERED AFFORDABLE HOUSING
 PROJECT. 1. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ANY  OWNER,
 DEVELOPER,  CONTRACTOR  OR  SUBCONTRACTOR WHEN SOLICITING A CONTRACT FOR
 THE PURCHASE OF WINDOWS PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART
 IN NORTH AMERICA FOR A COVERED AFFORDABLE HOUSING PROJECT AS DEFINED  IN
 SECTION  ONE  THOUSAND ELEVEN OF THIS ARTICLE, SHALL AWARD SUCH CONTRACT
 TO THE RESPONSIBLE  AND  RELIABLE  BIDDER  OFFERING  TO  SUPPLY  WINDOWS
 PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN NORTH AMERICA WHEN SUCH
 OFFER  IS  WITHIN  TWENTY-FIVE PERCENT OF THE LOWEST PRICE OR BEST VALUE
 OFFER, RATHER THAN TO THE LOWEST AND RELIABLE BIDDER.
   2. IF IT HAS BEEN DETERMINED BY A COURT OR  FEDERAL  OR  STATE  AGENCY
 THAT  ANY  PERSON  INTENTIONALLY  CARRIED OUT ANY OF THE FOLLOWING, THEN
 SUCH PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT  OR  SUBCONTRACT
 WITH  THIS  STATE  PURSUANT  TO  THE  DEBARMENT OR SUSPENSION PROVISIONS
 A. 5425                             5
 
 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF  THE  STATE  FINANCE
 LAW:
   (A)  AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION, OR
 ANY INSCRIPTION WITH THE SAME MEANING, TO ANY  WINDOW  PRODUCT  USED  IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES  THAT  WAS  NOT  PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN
 NORTH AMERICA; OR
   (B) REPRESENTED THAT ANY WINDOW PRODUCT  PROCURED  IN  A  CONTRACT  TO
 WHICH  THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE  OR  IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   3.  THIS  SECTION  SHALL  BE  APPLIED  IN A MANNER CONSISTENT WITH THE
 STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
 PERTAINING TO GOVERNMENT PROCUREMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

2025-A5425A (ACTIVE) - Details

See Senate Version of this Bill:: S4329
Current Committee:: Assembly Governmental Operations
Law Section:: State Finance Law
Laws Affected:: Add §162-b, St Fin L; add §104-e, Gen Muni L; add §2877-b, Pub Auth L; ren Art 50 §§1000 - 1003 to be Art 60 §§1101 - 1103, add Art 50 §§1010 - 1012, Exec L

2025-A5425A (ACTIVE) - Summary

2025-A5425A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  5425--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on  Governmental  Operations  --  committee  discharged, bill amended,
   ordered reprinted as amended and recommitted to said committee
 
 AN ACT to amend the state finance law, the general  municipal  law,  the
   public  authorities law and the executive law, in relation to enacting
   the "New York State buy North American 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 "New York State buy North American act".
   § 2. The state finance law is amended by adding a new section 162-b to
 read as follows:
   § 162-B. THE NEW YORK STATE BUY NORTH AMERICAN ACT. 1.  USE  OF  NORTH
 AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN
 SOLICITING  A CONTRACT FOR THE PURCHASE OF MANUFACTURED PRODUCTS USED IN
 BUILDING PROJECTS, INCLUDING  BUT  NOT  LIMITED  TO  PLUMBING  FIXTURES,
 FLOORING,  LUMBER,  EXTERIOR  WINDOWS,  EXTERIOR  DOORS AND FACADES, ANY
 DEPARTMENT OR AGENCY OF THE STATE  SHALL  AWARD  SUCH  CONTRACT  TO  THE
 RESPONSIBLE AND RELIABLE BIDDER OFFERING TO SUPPLY MANUFACTURED PRODUCTS
 USED  IN BUILDING PROJECTS PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART
 IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TEN  PERCENT  OF  THE  LOWEST
 PRICE  OR  BEST  VALUE  OFFER, RATHER THAN TO THE LOWEST RESPONSIBLE AND
 RELIABLE BIDDER.
   (B) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
 THAT  ANY  PERSON  INTENTIONALLY  CARRIED OUT ANY OF THE FOLLOWING, THEN
 SUCH 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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION WITH THE SAME MEANING, TO ANY MANUFACTURED PRODUCT USED
 IN BUILDING PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN  OR  SHIPPED
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04153-05-5

 A. 5425--A                          2
 
 TO  THE UNITED STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR SUBSTAN-
 TIAL PART IN NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  MANUFACTURED  PRODUCT  USED  IN BUILDING
 PROJECTS PROCURED IN A CONTRACT TO WHICH THIS SECTION APPLIES  THAT  WAS
 NOT  PRODUCED  OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN NORTH AMERICA,
 WAS PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN NORTH AMERICA.
   (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) "MANUFACTURED PRODUCTS USED IN BUILDING PROJECTS PRODUCED OR  MADE
 IN  WHOLE  OR IN PART IN NORTH AMERICA" MEANS THE TOTAL VALUE, IN UNITED
 STATES DOLLARS, OF THE FABRICATION  MATERIALS,  EXTRUSIONS,  COMPONENTS,
 HARDWARE,  AND  LABOR  SOURCED,  MANUFACTURED, AND/OR PERFORMED IN NORTH
 AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE PERCENT OF THE TOTAL VALUE OF ALL
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR FOR THE  FINISHED
 MANUFACTURED PRODUCTS USED IN BUILDING PROJECTS.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  3.  The  general  municipal  law is amended by adding a new section
 104-e to read as follows:
   § 104-E. THE NEW YORK STATE BUY NORTH AMERICAN ACT. 1.  USE  OF  NORTH
 AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN
 SOLICITING  A CONTRACT FOR THE PURCHASE OF MANUFACTURED PRODUCTS USED IN
 BUILDING PROJECTS, INCLUDING  BUT  NOT  LIMITED  TO  PLUMBING  FIXTURES,
 FLOORING,  LUMBER,  EXTERIOR  WINDOWS,  EXTERIOR  DOORS AND FACADES, ANY
 DEPARTMENT OR  AGENCY  OF  A  POLITICAL  SUBDIVISION  SHALL  AWARD  SUCH
 CONTRACT TO THE RESPONSIBLE AND RELIABLE BIDDER OFFERING TO SUPPLY MANU-
 FACTURED PRODUCTS USED IN BUILDING PROJECTS PRODUCED OR MADE IN WHOLE OR
 SUBSTANTIAL  PART IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TEN PERCENT
 OF THE LOWEST PRICE OR BEST VALUE  OFFER,  RATHER  THAN  TO  THE  LOWEST
 RESPONSIBLE AND RELIABLE BIDDER.
   (B)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY CARRIED OUT ANY  OF  THE  FOLLOWING,  THEN
 SUCH  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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION WITH THE SAME MEANING, TO ANY MANUFACTURED PRODUCT USED
 IN BUILDING PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN  OR  SHIPPED
 TO  THE UNITED STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR SUBSTAN-
 TIAL PART IN NORTH AMERICA; OR
   (II) REPRESENTED  THAT  ANY  MANUFACTURED  PRODUCT  USED  IN  BUILDING
 PROJECTS  PROCURED  IN A CONTRACT TO WHICH THIS SECTION APPLIES THAT WAS
 NOT PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN  NORTH  AMERICA,
 WAS PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN NORTH AMERICA.
   (C)  THIS  SECTION  SHALL  BE  APPLIED IN A MANNER CONSISTENT WITH THE
 STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
 PERTAINING TO GOVERNMENT PROCUREMENT.
 A. 5425--A                          3
 
   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) "MANUFACTURED PRODUCTS USED IN BUILDING PROJECTS PRODUCED OR  MADE
 IN  WHOLE  OR IN PART IN NORTH AMERICA" MEANS THE TOTAL VALUE, IN UNITED
 STATES DOLLARS, OF THE FABRICATION  MATERIALS,  EXTRUSIONS,  COMPONENTS,
 HARDWARE,  AND  LABOR  SOURCED,  MANUFACTURED, AND/OR PERFORMED IN NORTH
 AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE PERCENT OF THE TOTAL VALUE OF ALL
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR FOR THE  FINISHED
 MANUFACTURED PRODUCT USED IN BUILDING PROJECTS.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  4.  The  public  authorities law is amended by adding a new section
 2877-b to read as follows:
   § 2877-B. THE NEW YORK STATE BUY NORTH AMERICAN ACT. 1. USE  OF  NORTH
 AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, WHEN
 SOLICITING  A CONTRACT FOR THE PURCHASE OF MANUFACTURED PRODUCTS USED IN
 BUILDING PROJECTS, INCLUDING  BUT  NOT  LIMITED  TO  PLUMBING  FIXTURES,
 FLOORING,  LUMBER,  EXTERIOR  WINDOWS,  EXTERIOR  DOORS AND FACADES, ANY
 PUBLIC AUTHORITY SHALL AWARD SUCH CONTRACT TO THE RESPONSIBLE AND  RELI-
 ABLE  BIDDER  OFFERING  TO SUPPLY MANUFACTURED PRODUCTS USED IN BUILDING
 PROJECTS PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN NORTH  AMERICA
 WHEN  SUCH OFFER IS WITHIN TEN PERCENT OF THE LOWEST PRICE OR BEST VALUE
 OFFER, RATHER THAN TO THE LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (B) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
 THAT  ANY  PERSON  INTENTIONALLY  CARRIED OUT ANY OF THE FOLLOWING, THEN
 SUCH 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:
   (I)  AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION, OR
 ANY INSCRIPTION WITH THE SAME MEANING, TO ANY MANUFACTURED PRODUCT  USED
 IN  BUILDING  PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED
 TO THE UNITED STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  SUBSTAN-
 TIAL PART IN NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  MANUFACTURED  PRODUCT  USED  IN BUILDING
 PROJECTS PROCURED IN A CONTRACT TO WHICH THIS SECTION APPLIES  THAT  WAS
 NOT  PRODUCED  OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN NORTH AMERICA,
 WAS PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN NORTH AMERICA.
   (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
 SUCH TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER.
   (B)  "MANUFACTURED PRODUCTS USED IN BUILDING PROJECTS PRODUCED OR MADE
 IN WHOLE OR IN PART IN NORTH AMERICA" MEANS THE TOTAL VALUE,  IN  UNITED
 STATES  DOLLARS,  OF  THE FABRICATION MATERIALS, EXTRUSIONS, COMPONENTS,
 HARDWARE, AND LABOR SOURCED, MANUFACTURED,  AND/OR  PERFORMED  IN  NORTH
 AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE PERCENT OF THE TOTAL VALUE OF ALL
 MATERIALS,  EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR FOR THE FINISHED
 MANUFACTURED PRODUCT USED IN BUILDING PROJECTS.
 A. 5425--A                          4
 
   (C) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
 ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  5. Article 50 and sections 1000, 1001, 1002, and 1003 of the execu-
 tive law, as renumbered by chapter 770 of the laws of 1978,  are  renum-
 bered to be article 60 and sections 1100, 1101, 1102, and 1103 and a new
 article 50 is added to read as follows:
 
                                ARTICLE 50
                   NEW YORK STATE BUY NORTH AMERICAN ACT
 SECTION 1010. STATEMENT OF PURPOSE.
         1011. DEFINITIONS.
         1012. USE  OF  NORTH AMERICAN MADE MANUFACTURED PRODUCTS USED IN
                 BUILDING  PROJECTS  FOR  A  COVERED  AFFORDABLE  HOUSING
                 PROJECT.
   §  1010.  STATEMENT  OF  PURPOSE. IT IS THE PURPOSE OF THIS ARTICLE TO
 ENCOURAGE AND PROMOTE THE PURCHASE OF NORTH AMERICAN  MADE  MANUFACTURED
 PRODUCTS  USED  IN  BUILDING  PROJECTS  FOR  COVERED  AFFORDABLE HOUSING
 PROJECTS PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS.
   § 1011. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1. "COVERED AFFORDABLE HOUSING PROJECT" SHALL MEAN  CONSTRUCTION  WORK
 DONE  UNDER CONTRACT FOR AN AFFORDABLE HOUSING PROJECT WHICH IS PAID FOR
 IN WHOLE OR IN PART OUT OF PUBLIC FUNDS, AS SUCH TERM IS DEFINED IN THIS
 SECTION, WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED,  IS
 AT  LEAST  THIRTY  PERCENT  OF  THE TOTAL CONSTRUCTION PROJECT COSTS AND
 WHERE SUCH PROJECT COSTS ARE OVER FIVE MILLION DOLLARS.
   2. "PAID FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" SHALL  MEAN  ANY
 OF THE FOLLOWING:
   (A)  THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY ACTING
 ON BEHALF OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO  OR  ON
 BEHALF  OF  A  CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER THAT IS NOT
 SUBJECT TO REPAYMENT;
   (B) THE SAVINGS ACHIEVED FROM FEES, RENTS, INTEREST  RATES,  OR  OTHER
 LOAN  COSTS,  OR  INSURANCE COSTS THAT ARE LOWER THAN MARKET RATE COSTS;
 SAVINGS FROM REDUCED TAXES AS A RESULT OF TAX CREDITS,  TAX  ABATEMENTS,
 TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
 OF  TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN COSTS
 THAT WOULD HAVE OTHERWISE BEEN AT A HIGHER OR MARKET RATE  BUT  FOR  THE
 INVOLVEMENT OF A PUBLIC ENTITY;
   (C)  MONEY LOANED BY A PUBLIC ENTITY THAT IS TO BE REPAID ON A CONTIN-
 GENT BASIS; OR
   (D) CREDITS THAT ARE APPLIED BY A PUBLIC ENTITY AGAINST  REPAYMENT  OF
 OBLIGATIONS TO SUCH PUBLIC ENTITY.
   3.  "MANUFACTURED  PRODUCTS USED IN BUILDING PROJECTS PRODUCED OR MADE
 IN WHOLE OR IN PART IN NORTH AMERICA" MEANS THE TOTAL VALUE,  IN  UNITED
 STATES  DOLLARS,  OF  THE FABRICATION MATERIALS, EXTRUSIONS, COMPONENTS,
 HARDWARE, AND LABOR SOURCED, MANUFACTURED,  AND/OR  PERFORMED  IN  NORTH
 AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE PERCENT OF THE TOTAL VALUE OF ALL
 MATERIALS,  EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR FOR THE FINISHED
 MANUFACTURED PRODUCT USED IN BUILDING PROJECTS.
   4. "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES ALL
 TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE  JURISDICTION  OF  THE
 UNITED STATES.
   5. "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
 A. 5425--A                          5
 
   §  1012.  USE  OF  NORTH  AMERICAN  MADE MANUFACTURED PRODUCTS USED IN
 BUILDING PROJECTS FOR A COVERED AFFORDABLE HOUSING PROJECT. 1.  NOTWITH-
 STANDING ANY OTHER PROVISION OF LAW, ANY OWNER, DEVELOPER, CONTRACTOR OR
 SUBCONTRACTOR  WHEN  SOLICITING  A CONTRACT FOR THE PURCHASE OF MANUFAC-
 TURED  PRODUCTS  USED IN BUILDING PROJECTS, INCLUDING BUT NOT LIMITED TO
 PLUMBING FIXTURES, FLOORING, LUMBER, EXTERIOR  WINDOWS,  EXTERIOR  DOORS
 AND  FACADES,  FOR  A  COVERED  AFFORDABLE HOUSING PROJECT AS DEFINED IN
 SECTION ONE THOUSAND ELEVEN OF THIS ARTICLE, SHALL AWARD  SUCH  CONTRACT
 TO  THE  RESPONSIBLE AND RELIABLE BIDDER OFFERING TO SUPPLY MANUFACTURED
 PRODUCTS USED IN BUILDING PROJECTS PRODUCED OR MADE IN WHOLE OR SUBSTAN-
 TIAL PART IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TEN PERCENT OF  THE
 LOWEST PRICE OR BEST VALUE OFFER, RATHER THAN TO THE LOWEST AND RELIABLE
 BIDDER.
   2.  IF  IT  HAS  BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY CARRIED OUT ANY  OF  THE  FOLLOWING,  THEN
 SUCH  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:
   (A) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION WITH THE SAME MEANING, TO ANY MANUFACTURED PRODUCT USED
 IN BUILDING PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN  OR  SHIPPED
 TO  THE UNITED STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR SUBSTAN-
 TIAL PART IN NORTH AMERICA; OR
   (B)  REPRESENTED  THAT  ANY  MANUFACTURED  PRODUCT  USED  IN  BUILDING
 PROJECTS  PROCURED  IN A CONTRACT TO WHICH THIS SECTION APPLIES THAT WAS
 NOT PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN  NORTH  AMERICA,
 WAS PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART IN NORTH AMERICA.
   3.  THIS  SECTION  SHALL  BE  APPLIED  IN A MANNER CONSISTENT WITH THE
 STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
 PERTAINING TO GOVERNMENT PROCUREMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.

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Assembly Bill A5425A

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Sponsored By

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Current Bill Status - In Assembly Committee

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