Bologna, Morinello, Brown E, Smullen, Beephan, Hawley, Manktelow, DeStefano, Giglio, Brown K,
Lemondes, Molitor, DiPietro
MLTSPNSR
Amd §162-a, St Fin L; amd §104-d, Gen Muni L; amd §2877-a, Pub Auth L; amd §12-a, Hway L
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.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A5890
SPONSOR: Chludzinski TITLE OF BILL:
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
TITLE OF BILL:
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
PURPOSE OR GENERAL IDEA OF BILL:
The intent of this bill is to amend the buy American salt act to include
salt mined in Canada to ensure public safety and adequate supply of rock
salt for municipalities during harsh winters.
SUMMARY OF PROVISIONS:,
Section I: amends section 162-a of the state finance law to state the
title of the section as the New York state buy North American salt act
and applies to the use of North American materials. Subdivision b is
amended to add a paragraph (ii) which allows "Made in Canada" labels on
rock salt products shipped to the U.S. as acceptable unless inscribed to
intentionally deceive. Paragraph (iii) is amended to include Canada.
Section 2 is amended by adding definitions for the terms "mined and hand
harvested in Canada" and "Canada".
Section II: amends section 104-d of the general municipal law by
inserting the same language described above.
Section III: amends section 2877-a of the public authorities law by
inserting the same language described above.
Section IV: amends section 12-a of the highway law by inserting the same
language described above.
Section V: sets the effective date
JUSTIFICATION:
The New York state buy American salt act, as currently structured, has
had the unforeseen consequence of causing a shortage of rock salt in
many municipalities, especially in Western New York. This is because
current law forbids localities from purchasing salt that was not mined,
or hand harvested anywhere but the United States. Unfortunately, in
practice, this has led to a virtual monopoly with American Rock Salt
being the only eligible provider in Western New York, The company has
admitted that there has been a historic demand already this year due to
the long stretch of cold weather events impacting the region, where the
constantly low temperatures require salting roads for even very small
snowfall events. We have heard from multiple communities that there is
an urgent need for more salt. Some even resorting to restricting salting
to main roads and intersections with stop signs and traffic lights. The
lack of contract options, therefore, has become a public safety issue.
Prior to the current law, municipalities in Western New York could
purchase salt from an American owned company called Compass Minerals but
can no longer because the mine they harvest from is in Ontario, Canada.
The intent of the original legislation was to stop importing salt from
faraway places such as Egypt, because they were selling salt so cheap to
undercut our own companies' ability to secure contracts, and their labor
practices were not to our standards. This was a laudable goal, and we
want to protect the interests of American workers while ensuring our
roads are safe and drivable. That is why the scope of this bill is
limited only to include Canada which is our neighbor and closest ally.
PRIOR LEGISLATIVE HISTORY:
New Bill.
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
This bill will allow municipalities to potentially save money by
increasing the current number of options for contracts.
EFFECTIVE DATE:
This act shall take effect immediately.
STATE OF NEW YORK
________________________________________________________________________
5890
2025-2026 Regular Sessions
IN ASSEMBLY
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:
1 Section 1. Section 162-a of the state finance law, as amended by chap-
2 ter 72 of the laws of 2023, is amended to read as follows:
3 § 162-a. The New York state buy North American salt act. 1. Use of
4 North American materials. (a) Notwithstanding any other provision of
5 law, when soliciting a contract for the purchase of rock salt or sodium
6 chloride, any department or agency of the state may award such contract
7 to the responsible and reliable bidder offering to supply rock salt or
8 sodium chloride that is mined or hand harvested in the United States or
9 Canada, and which offer is within ten percent of the lowest price or
10 best value offer, rather than to the lowest responsible and reliable
11 bidder.
12 (b) If it has been determined by a court or federal or state agency
13 that any person intentionally:
14 (i) affixed a label bearing a "Made in America" inscription, or any
15 inscription with the same meaning, to any rock salt, or sodium chloride
16 product used in projects to which this section applies, sold in or
17 shipped to the United States that was not mined or hand harvested in the
18 United States[; or].
19 (ii) affixed a label bearing a "Made in Canada" inscription, or any
20 inscription with the same meaning, to any rock salt, or sodium chloride
21 product used in projects to which this section applies, sold in or
22 shipped to the United States that was not mined or hand harvested in
23 Canada.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD09846-01-5
A. 5890 2
1 (iii) represented that any rock salt, or sodium chloride product
2 procured in a contract to which this section applies that was not
3 produced in the United States or Canada, was produced in the United
4 States or Canada, respectively; then that person shall be ineligible to
5 receive any contract or subcontract with this state pursuant to the
6 debarment or suspension provisions provided under section one hundred
7 thirty-nine-a of this chapter.
8 (c) This section shall be applied in a manner consistent with the
9 state's obligations under any applicable international agreements
10 pertaining to government procurement.
11 2. Definitions. For the purposes of this section, the following words
12 shall have the following meanings unless specified otherwise:
13 (a) "Public agency" means a governmental entity as that term is
14 defined in section one hundred thirty-nine-j of this chapter[;].
15 (b) "Mined or hand harvested in the United States" means: extracted or
16 collected from land or ponds within the boundary of the United States,
17 from the initial separation from the earth through the addition of any
18 additives necessary for commercial sale[;].
19 (c) "United States" means the United States of America and includes
20 all territory, continental or insular, subject to the jurisdiction of
21 the United States.
22 (d) "Mined or hand harvested in Canada" means: extracted or collected
23 from land or ponds within the boundary of Canada, from the initial sepa-
24 ration from the earth through the addition of any additives necessary
25 for commercial sale.
26 (e) "Canada" means Canada and includes all territory, continental or
27 insular, subject to the jurisdiction of Canada.
28 § 2. Section 104-d of the general municipal law, as amended by chapter
29 72 of the laws of 2023, is amended to read as follows:
30 § 104-d. The New York state buy North American salt act. 1. Use of
31 North American materials. (a) Notwithstanding any other provision of
32 law, when soliciting a contract for the purchase of rock salt or sodium
33 chloride, any department or agency of a political subdivision may award
34 such contract to the responsible and reliable bidder offering to supply
35 rock salt or sodium chloride that is mined or hand harvested in the
36 United States or Canada, and which offer is within ten percent of the
37 lowest price or best value offer, rather than to the lowest responsible
38 and reliable bidder.
39 (b) If it has been determined by a court or federal or state agency
40 that any person intentionally:
41 (i) affixed a label bearing a "Made in America" inscription, or any
42 inscription with the same meaning, to any rock salt, or sodium chloride
43 product used in projects to which this section applies, sold in or
44 shipped to the United States that was not mined or hand harvested in the
45 United States[; or].
46 (ii) affixed a label bearing a "Made in Canada" inscription, or any
47 inscription with the same meaning, to any rock salt, or sodium chloride
48 product used in projects to which this section applies, sold in or
49 shipped to the United States that was not mined or hand harvested in
50 Canada.
51 (iii) represented that any rock salt, or sodium chloride product
52 procured in a contract to which this section applies that was not
53 produced in the United States or Canada, was produced in the United
54 States or Canada, respectively; then that person shall be ineligible to
55 receive any contract or subcontract with this state pursuant to the
A. 5890 3
1 debarment or suspension provisions provided under section one hundred
2 thirty-nine-a of the state finance law.
3 (c) This section shall be applied in a manner consistent with the
4 state's obligations under any applicable international agreements
5 pertaining to government procurement.
6 2. Definitions. For the purposes of this section, the following words
7 shall have the following meanings unless specified otherwise:
8 (a) "Public agency" means a governmental entity as that term is
9 defined in section one hundred thirty-nine-j of the state finance
10 law[;].
11 (b) "Mined or hand harvested in the United States" means: extracted or
12 collected from land or ponds within the boundary of the United States,
13 from the initial separation from the earth through the addition of any
14 additives necessary for commercial sale[;].
15 (c) "United States" means the United States of America and includes
16 all territory, continental or insular, subject to the jurisdiction of
17 the United States.
18 (d) "Mined or hand harvested in Canada" means: extracted or collected
19 from land or ponds within the boundary of Canada, from the initial sepa-
20 ration from the earth through the addition of any additives necessary
21 for commercial sale.
22 (e) "Canada" means Canada and includes all territory, continental or
23 insular, subject to the jurisdiction of Canada.
24 § 3. Section 2877-a of the public authorities law, as amended by chap-
25 ter 72 of the laws of 2023, is amended to read as follows:
26 § 2877-a. The New York state buy North American salt act. 1. Use of
27 North American materials. (a) Notwithstanding any other provision of
28 law, when soliciting a contract for the purchase of rock salt or sodium
29 chloride, any public authority may award such contract to the responsi-
30 ble and reliable bidder offering to supply rock salt or sodium chloride
31 that is mined or hand harvested in the United States or Canada, and
32 which offer is within ten percent of the lowest price or best value
33 offer, rather than to the lowest responsible and reliable bidder.
34 (b) If it has been determined by a court or federal or state agency
35 that any person intentionally:
36 (i) affixed a label bearing a "Made in America" inscription, or any
37 inscription with the same meaning, to any rock salt, or sodium chloride
38 product used in projects to which this section applies, sold in or
39 shipped to the United States that was not mined or hand harvested in the
40 United States[; or].
41 (ii) affixed a label bearing a "Made in Canada" inscription, or any
42 inscription with the same meaning, to any rock salt, or sodium chloride
43 product used in projects to which this section applies, sold in or
44 shipped to the United States that was not mined or hand harvested in
45 Canada.
46 (iii) represented that any rock salt, or sodium chloride product
47 procured in a contract to which this section applies that was not
48 produced in the United States or Canada, was produced in the United
49 States or Canada, respectively; then that person shall be ineligible to
50 receive any contract or subcontract with this state pursuant to the
51 debarment or suspension provisions provided under section one hundred
52 thirty-nine-a of the state finance law.
53 (c) This section shall be applied in a manner consistent with the
54 state's obligations under any applicable international agreements
55 pertaining to government procurement.
A. 5890 4
1 2. Definitions. For the purposes of this section, the following words
2 shall have the following meanings unless specified otherwise:
3 (a) "Public authority" means a state, local or interstate authority as
4 those terms are defined in section two of this chapter[;].
5 (b) "Mined or hand harvested in the United States" means: extracted or
6 collected from land or ponds within the boundary of the United States,
7 from the initial separation from the earth through the addition of any
8 additives necessary for commercial sale[;].
9 (c) "United States" means the United States of America and includes
10 all territory, continental or insular, subject to the jurisdiction of
11 the United States.
12 (d) "Mined or hand harvested in Canada" means: extracted or collected
13 from land or ponds within the boundary of Canada, from the initial sepa-
14 ration from the earth through the addition of any additives necessary
15 for commercial sale.
16 (e) "Canada" means Canada and includes all territory, continental or
17 insular, subject to the jurisdiction of Canada.
18 § 4. Section 12-a of the highway law, as amended by chapter 72 of the
19 laws of 2023, is amended to read as follows:
20 § 12-a. The New York state buy North American salt act. 1. Use of
21 North American materials. (a) Notwithstanding any other provision of
22 law, when soliciting a contract for the purchase of rock salt or sodium
23 chloride, the commissioner of transportation may award such contract to
24 the responsible and reliable bidder offering to supply rock salt or
25 sodium chloride that is mined or hand harvested in the United States or
26 Canada, and which offer is within ten percent of the lowest price or
27 best value offer, rather than to the lowest responsible and reliable
28 bidder.
29 (b) If it has been determined by a court or federal or state agency
30 that any person intentionally:
31 (i) affixed a label bearing a "Made in America" inscription, or any
32 inscription with the same meaning, to any rock salt, or sodium chloride
33 product used in projects to which this section applies, sold in or
34 shipped to the United States that was not mined or hand harvested in the
35 United States[; or].
36 (ii) affixed a label bearing a "Made in Canada" inscription, or any
37 inscription with the same meaning, to any rock salt, or sodium chloride
38 product used in projects to which this section applies, sold in or
39 shipped to the United States that was not mined or hand harvested in
40 Canada.
41 (iii) represented that any rock salt, or sodium chloride product
42 procured in a contract to which this section applies that was not
43 produced in the United States or Canada, was produced in the United
44 States or Canada, respectively; then that person shall be ineligible to
45 receive any contract or subcontract with this state pursuant to the
46 debarment or suspension provisions provided under section one hundred
47 thirty-nine-a of the state finance law.
48 (c) This section shall be applied in a manner consistent with the
49 state's obligations under any applicable international agreements
50 pertaining to government procurement.
51 2. Definitions. For the purposes of this section, the following words
52 shall have the following meanings unless specified otherwise:
53 (a) "Mined or hand harvested in the United States" means: extracted or
54 collected from land or ponds within the boundary of the United States,
55 from the initial separation from the earth through the addition of any
56 additives necessary for commercial sale[;].
A. 5890 5
1 (b) "United States" means the United States of America and includes
2 all territory, continental or insular, subject to the jurisdiction of
3 the United States.
4 (c) "Mined or hand harvested in Canada" means: extracted or collected
5 from land or ponds within the boundary of Canada, from the initial sepa-
6 ration from the earth through the addition of any additives necessary
7 for commercial sale.
8 (d) "Canada" means Canada and includes all territory, continental or
9 insular, subject to the jurisdiction of Canada.
10 § 5. This act shall take effect immediately.
