NY State Assembly Bill 2025-A5890

Assembly Bill A5890

2025-2026 Legislative Session

Relates to awarding contracts for the purchase of rock salt or sodium chloride mined or hand harvested in Canada

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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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 24, 2025	referred to governmental operations

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2025-A5890 (ACTIVE) - Details

Current Committee:: Assembly Governmental Operations
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

2025-A5890 (ACTIVE) - Summary

Permits contracts for the purchase of rock salt or sodium chloride mined or hand harvested in Canada to be awarded as if such rock salt or sodium chloride was mined or hand harvested in the United States.

2025-A5890 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5890
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by  M.  of  A.  CHLUDZINSKI -- 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 highway law, in relation to awarding
   contracts for the purchase of rock salt or sodium  chloride  mined  or
   hand harvested in Canada
 
   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 amended by chap-
 ter 72 of the laws of 2023, is amended to read as follows:
   § 162-a. The New York state buy NORTH American salt  act.  1.  Use  of
 NORTH  American  materials.  (a)  Notwithstanding any other provision of
 law, when soliciting a contract for the purchase of rock salt or  sodium
 chloride,  any department or agency of the state 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 OR
 CANADA, 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) 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) AFFIXED A LABEL BEARING A "MADE IN CANADA"  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
 CANADA.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09846-01-5

 A. 5890                             2
 
   (III) 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 OR CANADA,  was  produced  in  the  United
 States  OR CANADA, RESPECTIVELY; 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.
   (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.
   (D)  "MINED OR HAND HARVESTED IN CANADA" MEANS: EXTRACTED OR COLLECTED
 FROM LAND OR PONDS WITHIN THE BOUNDARY OF CANADA, FROM THE INITIAL SEPA-
 RATION FROM THE EARTH THROUGH THE ADDITION OF  ANY  ADDITIVES  NECESSARY
 FOR COMMERCIAL SALE.
   (E)  "CANADA"  MEANS CANADA AND INCLUDES ALL TERRITORY, CONTINENTAL OR
 INSULAR, SUBJECT TO THE JURISDICTION OF CANADA.
   § 2. Section 104-d of the general municipal law, as amended by chapter
 72 of the laws of 2023, is amended to read as follows:
   § 104-d. The New York state buy NORTH American salt  act.  1.  Use  of
 NORTH  American  materials.  (a)  Notwithstanding any other provision of
 law, when soliciting a contract for the purchase of rock salt or  sodium
 chloride,  any department or agency of a political subdivision 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 OR CANADA, 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) 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) AFFIXED A LABEL BEARING A "MADE IN CANADA"  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
 CANADA.
   (III) 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 OR CANADA,  was  produced  in  the  United
 States  OR CANADA, RESPECTIVELY; then that person shall be ineligible to
 receive any contract or subcontract with  this  state  pursuant  to  the
 A. 5890                             3

 debarment  or  suspension  provisions provided under section one hundred
 thirty-nine-a of the state finance law.
   (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.
   (D) "MINED OR HAND HARVESTED IN CANADA" MEANS: EXTRACTED OR  COLLECTED
 FROM LAND OR PONDS WITHIN THE BOUNDARY OF CANADA, FROM THE INITIAL SEPA-
 RATION  FROM  THE  EARTH THROUGH THE ADDITION OF ANY ADDITIVES NECESSARY
 FOR COMMERCIAL SALE.
   (E) "CANADA" MEANS CANADA AND INCLUDES ALL TERRITORY,  CONTINENTAL  OR
 INSULAR, SUBJECT TO THE JURISDICTION OF CANADA.
   § 3. Section 2877-a of the public authorities law, as amended by chap-
 ter 72 of the laws of 2023, is amended to read as follows:
   §  2877-a.  The  New York state buy NORTH American salt act. 1. Use of
 NORTH American materials. (a) Notwithstanding  any  other  provision  of
 law,  when soliciting a contract for the purchase of rock salt or sodium
 chloride, any public authority may award such contract to the  responsi-
 ble  and reliable bidder offering to supply rock salt or sodium chloride
 that is mined or hand harvested in the  United  States  OR  CANADA,  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) 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) AFFIXED A LABEL BEARING A "MADE IN CANADA"  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
 CANADA.
   (III) 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 OR CANADA,  was  produced  in  the  United
 States  OR CANADA, RESPECTIVELY; 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.
   (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. 5890                             4
 
   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.
   (D)  "MINED OR HAND HARVESTED IN CANADA" MEANS: EXTRACTED OR COLLECTED
 FROM LAND OR PONDS WITHIN THE BOUNDARY OF CANADA, FROM THE INITIAL SEPA-
 RATION FROM THE EARTH THROUGH THE ADDITION OF  ANY  ADDITIVES  NECESSARY
 FOR COMMERCIAL SALE.
   (E)  "CANADA"  MEANS CANADA AND INCLUDES ALL TERRITORY, CONTINENTAL OR
 INSULAR, SUBJECT TO THE JURISDICTION OF CANADA.
   § 4. Section 12-a of the highway law, as amended by chapter 72 of  the
 laws of 2023, is amended to read as follows:
   §  12-a.  The  New  York  state buy NORTH American salt act. 1. Use of
 NORTH American materials. (a) Notwithstanding  any  other  provision  of
 law,  when soliciting a contract for the purchase of rock salt or sodium
 chloride, 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  OR
 CANADA,  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)  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)  AFFIXED  A  LABEL BEARING A "MADE IN CANADA" 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
 CANADA.
   (III)  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  OR CANADA, was produced in the United
 States OR CANADA, RESPECTIVELY; 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.
   (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) "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[;].
 A. 5890                             5
 
   (b) "United States" means the United States of  America  and  includes
 all  territory,  continental  or insular, subject to the jurisdiction of
 the United States.
   (C)  "MINED OR HAND HARVESTED IN CANADA" MEANS: EXTRACTED OR COLLECTED
 FROM LAND OR PONDS WITHIN THE BOUNDARY OF CANADA, FROM THE INITIAL SEPA-
 RATION FROM THE EARTH THROUGH THE ADDITION OF  ANY  ADDITIVES  NECESSARY
 FOR COMMERCIAL SALE.
   (D)  "CANADA"  MEANS CANADA AND INCLUDES ALL TERRITORY, CONTINENTAL OR
 INSULAR, SUBJECT TO THE JURISDICTION OF CANADA.
   § 5. This act shall take effect immediately.

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Assembly Bill A5890

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Sponsored By

CHLUDZINSKI

Current Bill Status - In Assembly Committee

co-Sponsors

Paula Bologna

Angelo J. Morinello

Eric Brown

Robert Smullen

2025-A5890 (ACTIVE) - Details

2025-A5890 (ACTIVE) - Summary

2025-A5890 (ACTIVE) - Bill Text download pdf

Comments