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Senate Bill S10285

2025-2026 Legislative Session

Enacts the "New York state buy American cement act"

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Current Bill Status - In Senate Committee Procurement And Contracts Committee

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2025-S10285 (ACTIVE) - Details

Current Committee:
Senate Procurement And Contracts
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; add §12-b, Hway L

2025-S10285 (ACTIVE) - Summary

Enacts the "New York state buy American cement act" to require the use of American materials when soliciting for a contract for the purchase of cement by any department or agency of the state, municipality, public authority and the commissioner of transportation.

2025-S10285 (ACTIVE) - Bill Text download pdf 

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10285
 
                             I N  S E N A T E
 
                               May 11, 2026
                                ___________
 
 Introduced  by  Sen.  COONEY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law, the general  municipal  law,  the
   public  authorities  law  and the highway law, in relation to enacting
   the "New York state buy American cement 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 American cement 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 AMERICAN CEMENT ACT. 1. USE OF  AMERI-
 CAN  MATERIALS.  (A)  NOTWITHSTANDING  ANY  OTHER PROVISION OF LAW, WHEN
 SOLICITING A CONTRACT FOR THE PURCHASE  OF  CEMENT,  ANY  DEPARTMENT  OR
 AGENCY OF THE STATE MAY AWARD SUCH CONTRACT TO THE RESPONSIBLE AND RELI-
 ABLE  BIDDER  OFFERING  TO  SUPPLY CEMENT THAT IS PRODUCED IN THE UNITED
 STATES, 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  CEMENT  PRODUCT  USED  IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED IN THE UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  CEMENT PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE  UNITED  STATES,
 WAS  PRODUCED IN THE UNITED STATES; 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.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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