•  Summary 
  •  
  •  Actions 
  •  
  •  Floor Votes 
  •  
  •  Memo 
  •  
  •  Text 
    

S07206 Actions:

BILL NOS07206
 
05/06/2014REFERRED TO FINANCE
Go to top

S07206 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7206
 
                    IN SENATE
 
                                       May 6, 2014
                                       ___________
 
        Introduced  by  Sen.  DeFRANCISCO -- read twice and ordered printed, and
          when printed to be committed to the Committee on Finance
 
        AN ACT to amend the state finance law, the public authorities  law,  the
          highway  law, the general municipal law, and the public buildings law,
          in relation to requiring the use of  American  made  iron,  steel  and

          manufactured  products  in certain government contracts, and to repeal
          certain provisions of the public authorities law and the state finance
          law relating thereto
 
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Title. This act shall be known as the "New York State Buy
     2  American Act".
     3    § 2. Section 146 of the state  finance  law  is  REPEALED  and  a  new
     4  section 146 is added to read as follows:
     5    § 146. The New York State Buy American Act. 1. Use of American materi-
     6  als.  (a)  Notwithstanding any other provision of law, each contract for
     7  the construction, reconstruction, alteration or improvement of a  public
     8  building  of  public  works  made  by  a  public  agency shall contain a

     9  provision that the  iron,  steel,  and  manufactured  products  used  or
    10  supplied  in  the performance of the contract or any subcontract thereto
    11  and permanently incorporated into the public building  or  public  works
    12  shall be manufactured in the United States.
    13    (b)  For the purposes of section one hundred sixty-three of this chap-
    14  ter, no bidder shall be deemed to be the lowest responsible and reliable
    15  bidder and no bid shall be deemed the best value unless the bid  offered
    16  by  such bidder will comply with the contract term required by paragraph
    17  (a) of this subdivision.
    18    (c) The provisions of paragraph (a)  of  this  subdivision  shall  not
    19  apply  in any case or category of cases in which the executive head of a

    20  public agency finds:
    21    (i) that the application of this section would  be  inconsistent  with
    22  the public interest;
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14829-01-4

        S. 7206                             2
 
     1    (ii)  that  such materials and products are not produced in the United
     2  States in sufficient and reasonably available quantities and of a satis-
     3  factory quality; or
     4    (iii)  that  inclusion  of domestic material will increase the cost of
     5  the overall project contract by more than twenty-five percent.

     6    (d) If the executive receives a request for a waiver  under  paragraph
     7  (c)  of  this  subdivision, the executive shall provide notice of and an
     8  opportunity for public comment on  the  request  at  least  thirty  days
     9  before making a finding based on the request.
    10    (e) A notice provided under paragraph (d) of this subdivision shall:
    11    (i)  summarize  the  information available to the executive concerning
    12  the request, including whether the request is being made under  subpara-
    13  graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
    14    (ii) be posted prominently on the official public internet web site of
    15  the agency; and
    16    (iii)  be  provided  by electronic means to any person, firm or corpo-

    17  ration that has made a written or electronic request to the public agen-
    18  cy for notice of waiver actions by the executive within five  (5)  years
    19  prior to the date of notice.
    20    (f)  If  the  executive  issues  a  waiver under paragraph (c) of this
    21  subdivision, the executive shall publish  in  the  same  manner  as  the
    22  original notice a detailed justification for the waiver that:
    23    (i) addresses the public comments received under paragraph (d) of this
    24  subdivision; and
    25    (ii) is published before the waiver takes effect.
    26    (g)  If  it  has been determined by a court or federal or state agency
    27  that any person intentionally:
    28    (i) affixed a label bearing a "Made in America"  inscription,  or  any

    29  inscription  with  the  same meaning, to any iron, steel or manufactured
    30  product used in projects to which  this  section  applies,  sold  in  or
    31  shipped to the United States that was not made in the United States; or
    32    (ii)  represented that any iron, steel or manufactured product used in
    33  projects to which this section applies that  was  not  produced  in  the
    34  Untied States, was produced in the United States;
    35  then  that person shall be ineligible to receive any contract or subcon-
    36  tract with this state pursuant to the debarment or suspension provisions
    37  provided under section one hundred thirty-nine-a of this article.
    38    (h) This section shall be applied in  a  manner  consistent  with  the

    39  state's   obligations  under  any  applicable  international  agreements
    40  pertaining to government procurement.
    41    2. Definitions. For the purposes of this section, the following  words
    42  shall have the following meanings unless specified otherwise:
    43    (a) "Executive" means the executive head of a public agency subject to
    44  this section;
    45    (b)  "Public  agency"  means  a  governmental  entity  as that term is
    46  defined in section one hundred thirty-nine-j of this article;
    47    (c) "manufactured in the United States" means: (i) in the case  of  an
    48  iron  or  steel  product all manufacturing must take place in the United
    49  States, from the initial melting stage through the application of  coat-

    50  ings,  except  metallurgical processes involving the refinement of steel
    51  additives; and
    52    (ii) in the case of a manufactured product, a product will be  consid-
    53  ered manufactured in the United States if:
    54    (A)  all  of  its  manufacturing  processes  take  place in the United
    55  States, and

        S. 7206                             3
 
     1    (B) more than sixty percent of  the  components  of  the  manufactured
     2  good,  by  cost,  are  of  domestic  origin. If, under the terms of this
     3  subparagraph, a component is determined to be of  domestic  origin,  its
     4  entire  cost  may be used in calculating the cost of domestic content of
     5  an end product.

     6    (d)  "United  States"  means the United States of America and includes
     7  all territory, continental or insular, subject to  the  jurisdiction  of
     8  the United States.
     9    §  3.  Section  2603-a of the public authorities law is REPEALED and a
    10  new section 2877-a is added to read as follows:
    11    § 2877-a. The New York State Buy American  Act.  1.  Use  of  American
    12  materials. (a) Notwithstanding any other provision of law, each contract
    13  for  the  construction,  reconstruction,  alteration or improvement of a
    14  public building or public works made by a public authority shall contain
    15  a provision that the iron, steel,  and  manufactured  products  used  or
    16  supplied  in  the performance of the contract or any subcontract thereto

    17  and permanently incorporated into the public building  or  public  works
    18  shall be manufactured in the United States.
    19    (b)  No  bidder shall be deemed to be the lowest responsible and reli-
    20  able bidder and no bid shall be deemed the best  value  unless  the  bid
    21  offered  by  such  bidder will comply with the contract term required by
    22  paragraph (a) of this subdivision.
    23    (c) The provisions of paragraph (a)  of  this  subdivision  shall  not
    24  apply  in any case or category of cases in which the executive head of a
    25  public agency finds:
    26    (i) that the application of this section would  be  inconsistent  with
    27  the public interest;
    28    (ii)  that  such materials and products are not produced in the United

    29  States in sufficient and reasonably available quantities and of a satis-
    30  factory quality; or
    31    (iii) that inclusion of domestic material will increase  the  cost  of
    32  the overall project contract by more than twenty-five percent.
    33    (d)  If  the executive receives a request for a waiver under paragraph
    34  (c) of this subdivision, the executive shall provide notice  of  and  an
    35  opportunity  for  public  comment  on  the  request at least thirty days
    36  before making a finding based on the request.
    37    (e) A notice provided under paragraph (d) of this subdivision shall:
    38    (i) summarize the information available to  the  executive  concerning
    39  the  request, including whether the request is being made under subpara-

    40  graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
    41    (ii) be posted prominently on the official public internet web site of
    42  the agency; and
    43    (iii) be provided by electronic means to any person,  firm  or  corpo-
    44  ration that has made a written or electronic request to the public agen-
    45  cy  for  notice of waiver actions by the executive within five (5) years
    46  prior to the date of notice.
    47    (f) If the executive issues a  waiver  under  paragraph  (c)  of  this
    48  subdivision,  the  executive  shall  publish  in  the same manner as the
    49  original notice a detailed justification for the waiver that:
    50    (i) addresses the public comments received under paragraph (d) of this
    51  subdivision; and

    52    (ii) is published before the waiver takes effect.
    53    (g) If it has been determined by a court or federal  or  state  agency
    54  that any person intentionally:
    55    (i)  affixed  a  label bearing a "Made in America" inscription, or any
    56  inscription with the same meaning, to any iron,  steel  or  manufactured

        S. 7206                             4
 
     1  product  used  in  projects  to  which  this section applies, sold in or
     2  shipped to the United States that was not made in the United States; or
     3    (ii) represented that any iron, steel, or manufactured product used in
     4  projects  to  which  this  section  applies that was not produced in the
     5  United States, was produced in the United States;

     6  then that person shall be ineligible to receive any contract or  subcon-
     7  tract   with  this  State  pursuant  to  the  debarment  and  suspension
     8  provisions provided under section one hundred thirty-nine-a of the state
     9  finance law.
    10    (h) This section shall be applied in  a  manner  consistent  with  the
    11  state's   obligations  under  any  applicable  international  agreements
    12  pertaining to government procurement.
    13    2. Definitions. For the purpose of this section, the  following  words
    14  shall have the following meanings unless specified otherwise:
    15    (a) "Executive" means the executive head of a public agency subject to
    16  this section;
    17    (b)  "Public  agency"  means a state, local or interstate authority as

    18  those terms are defined in section two of this chapter;
    19    (c) "Manufactured in the United States" means: (i) in the case  of  an
    20  iron  or  steel  product all manufacturing must take place in the United
    21  States, from the initial melting stage through the application of  coat-
    22  ings,  except  metallurgical processes involving the refinement of steel
    23  additives; and
    24    (ii) in the case of a manufactured product, a product will be  consid-
    25  ered manufactured in the United States if:
    26    (A)  all  of  its  manufacturing  processes  take  place in the United
    27  States, and
    28    (B) more than sixty percent of  the  components  of  the  manufactured
    29  good, by cost, are of domestic origin. If, under the terms of this part,

    30  a  component is determined to be of domestic origin, its entire cost may
    31  be used in calculating the cost of domestic content of an end product.
    32    (d) "United States" means the United States of  America  and  includes
    33  all  territory,  continental  or insular, subject to the jurisdiction of
    34  the United States.
    35    § 4. Section 38 of the highway law is amended by adding a new subdivi-
    36  sion 10 to read as follows:
    37    10. Use of American materials. (a) Notwithstanding any other provision
    38  of law, each contract for the construction,  reconstruction,  alteration
    39  or improvement of a highway or other public works made by a public agen-
    40  cy  shall  contain  a  provision  that the iron, steel, and manufactured

    41  products used or supplied in the performance  of  the  contract  or  any
    42  subcontract  thereto and permanently incorporated into the public build-
    43  ing or public works shall be manufactured in the United States.
    44    (b) No bidder shall be deemed to be the lowest responsible  and  reli-
    45  able  bidder  and  no  bid shall be deemed the best value unless the bid
    46  offered by such bidder will comply with the contract  term  required  by
    47  paragraph (a) of this subdivision.
    48    (c)  The  provisions  of  paragraph  (a) of this subdivision shall not
    49  apply in any case or category of cases in which the executive head of  a
    50  public agency finds:
    51    (i)  that  the  application  of this subdivision would be inconsistent
    52  with the public interest;

    53    (ii) that such materials and products are not produced in  the  Untied
    54  States in sufficient and reasonably available quantities and of a satis-
    55  factory quality; or

        S. 7206                             5
 
     1    (iii)  that  inclusion  of domestic material will increase the cost of
     2  the overall project contract by more than twenty-five percent.
     3    (d)  If  the executive receives a request for a waiver under paragraph
     4  (c) of this subdivision, the executive shall provide notice  of  and  an
     5  opportunity  for  public  comment on the request of at least thirty days
     6  before making a finding based on the request.
     7    (e) A notice provided under paragraph (d) of this subdivision shall:

     8    (i) summarize the information available to  the  executive  concerning
     9  the  request, including whether the request is being made under subpara-
    10  graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
    11    (ii) be posted prominently on the official public internet web site of
    12  the agency; and
    13    (iii) be provided by electronic means to any person,  firm  or  corpo-
    14  ration that has made a written or electronic request to the public agen-
    15  cy  for  notice of waiver actions by the executive within five (5) years
    16  prior to the date of notice.
    17    (f) If the executive issues a  waiver  under  paragraph  (c)  of  this
    18  subdivision,  the  executive  shall  publish  in  the same manner as the

    19  original notice a detailed justification for the waiver that:
    20    (i) addresses the public comments received under paragraph (d) of this
    21  subdivision; and
    22    (ii) is published before the waiver takes effect.
    23    (g) If it has been determined by a court of federal  or  state  agency
    24  that any person intentionally:
    25    (i)  affixed  a  label bearing a "Made in America" inscription, or any
    26  inscription with the same meaning, to any iron,  steel  or  manufactured
    27  product  used  in projects to which this subdivision applies, sold in or
    28  shipped to the United States that was not made in the United States; or
    29    (ii) represented that any iron, steel, or manufactured product used in

    30  projects to which this section apples  that  was  not  produced  in  the
    31  United States, was produced in the United States;
    32  then  that person shall be ineligible to receive any contract or subcon-
    33  tract with this state pursuant to the debarment or suspension provisions
    34  provided under section one hundred thirty-nine-a of  the  state  finance
    35  law.
    36    (h)  This subdivision shall be applied in a manner consistent with the
    37  state's  obligations  under  any  applicable  international   agreements
    38  pertaining to government procurement.
    39    (i)  Definitions.  For  the purpose of this subdivision, the following
    40  words shall have the following meanings unless specified otherwise:

    41    (i) "Executive" means the executive head of a public agency subject to
    42  this subdivision.
    43    (ii) "Public agency" means a  governmental  entity  as  that  term  is
    44  defined in section one hundred thirty-nine-j of the state finance law;
    45    (iii) "Manufactured in the United States" means: (A) in the case of an
    46  iron  or  steel  product all manufacturing must take place in the United
    47  States, from the initial melting stage through the application of  coat-
    48  ings,  except  metallurgical processes involving the refinement of steel
    49  additives; and
    50    (B) in the case of a manufactured product, a product will  be  consid-
    51  ered manufactured in the United States if:
    52    (1)  all  of  its  manufacturing  processes  take  place in the United

    53  States, and
    54    (2) more than sixty percent of  the  components  of  the  manufactured
    55  good, by cost, are of domestic origin. If, under the terms of this part,

        S. 7206                             6
 
     1  a  component is determined to be of domestic origin, its entire cost may
     2  be used in calculating the cost of domestic content of an end product.
     3    (iv)  "United  States" means the United States of America and includes
     4  all territory, continental or insular, subject to  the  jurisdiction  of
     5  the United States.
     6    §  5.  Section 103 of the general municipal law is amended by adding a
     7  new subdivision 17 to read as follows:
     8    17. Use of American materials. (a) Notwithstanding any other provision

     9  of law, each contract for the construction,  reconstruction,  alteration
    10  or  improvement  of  a  public building or public works made by a public
    11  agency of a political subdivision shall contain  a  provision  that  the
    12  iron,  steel, and manufactured products used or supplied in the perform-
    13  ance of the contract or any subcontract thereto and permenantly incorpo-
    14  rated into the public building or public works shall be manufactured  in
    15  the United States.
    16    (b)  No  bidder shall be deemed to be the lowest responsible and reli-
    17  able bidder and no bid shall be deemed the best  value  unless  the  bid
    18  offered  by  such  bidder will comply with the contract term required by
    19  paragraph (a) of this subdivision.

    20    (c) The provisions of paragraph (a)  of  this  subdivision  shall  not
    21  apply  in any case or category of cases in which the executive head of a
    22  public agency finds:
    23    (i) that the application of this  subdivision  would  be  inconsistent
    24  with the public interest;
    25    (ii)  that  such materials and products are not produced in the United
    26  States in sufficient and reasonably available quantities and of a satis-
    27  factory quality; or
    28    (iii) that inclusion of domestic material will increase  the  cost  of
    29  the overall project contract by more than twenty-five percent.
    30    (d)  If  the executive receives a request for a waiver under paragraph
    31  (c) of this subdivision, the executive shall provide notice of an oppor-

    32  tunity for public comment on the request at  least  thirty  days  before
    33  making a finding based on the request.
    34    (e) A notice provided under paragraph (d) of this subdivision shall:
    35    (i)  summarize  the  information available to the executive concerning
    36  the request, including whether the request is being made under  subpara-
    37  graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
    38    (ii) be posted prominently on the official public internet web site of
    39  the agency; and
    40    (iii)  be  provided  by electronic means to any person, firm or corpo-
    41  ration that has made a written or electronic request to the public agen-
    42  cy for notice of waiver actions by the executive within five  (5)  years
    43  prior to the date of notice.

    44    (f)  If  the  executive  issues  a  waiver under paragraph (c) of this
    45  subdivision, the executive shall publish  in  the  same  manner  as  the
    46  original notice a detailed justification for the waiver that:
    47    (i) addresses the public comments received under paragraph (d) of this
    48  subdivision; and
    49    (ii) is published before the waiver takes effect.
    50    (g)  If  it  has been determined by a court or federal or state agency
    51  that any person intentionally:
    52    (i) affixed a label bearing a "Made in America"  inscription,  or  any
    53  inscription  with  the  same meaning, to any iron, steel or manufactured
    54  product used in projects to which this subdivision applies, sold  in  or

    55  shipped to the United States that was not made in the United States; or

        S. 7206                             7
 
     1    (ii) represented that any iron, steel, or manufactured product used in
     2  projects  to  which  this  section  applies that was not produced in the
     3  United States, was produced in the United States;
     4  then  that person shall be ineligible to receive any contract or subcon-
     5  tract with this state pursuant to the debarment or suspension provisions
     6  provided under section one hundred thirty-nine-a of  the  state  finance
     7  law.
     8    (h)  This subdivision shall be applied in a manner consistent with the
     9  state's  obligations  under  any  applicable  international   agreements

    10  pertaining to government procurement.
    11    (i)  Definitions.  For  the purpose of this subdivision, the following
    12  words shall have the following meanings unless specified otherwise:
    13    (i) "Executive" means the executive head of a public agency subject to
    14  this subdivision;
    15    (ii) "Public agency" means a  governmental  entity  as  that  term  is
    16  defined in section one hundred thirty-nine-j of the state finance law;
    17    (iii) "Manufactured in the United States" means: (A) in the case of an
    18  iron  or  steel  product all manufacturing must take place in the United
    19  States, from the initial melting stage through the application of  coat-
    20  ings,  except  metallurgical processes involving the refinement of steel
    21  additives; and

    22    (B) in the case of a manufactured product, a product will  be  consid-
    23  ered manufactured in the United States if:
    24    (1)  all  of  its  manufacturing  processes  take  place in the United
    25  States, and
    26    (2) more than sixty percent of  the  components  of  the  manufactured
    27  good, by cost, are of domestic origin. If, under the terms of this part,
    28  a  component is determined to be of domestic origin, its entire cost may
    29  be used in calculating the cost of domestic content of an end product.
    30    (iv) "United States" means the United States of America  and  includes
    31  all  territory,  continental  or insular, subject to the jurisdiction of
    32  the United States.
    33    § 6. Section 8 of the public buildings law is amended by adding a  new

    34  subdivision 8 to read as follows:
    35    8.  Use of American materials. (a) Notwithstanding any other provision
    36  of law, each contract for the construction,  reconstruction,  alteration
    37  or improvement of a state building made by a public agency shall contain
    38  a  provision  that  the  iron,  steel, and manufactured products used or
    39  supplied in the performance of the contract of any  subcontract  thereto
    40  and  permanently  incorporated  into the public building or public works
    41  shall be manufactured in the United States.
    42    (b) No bidder shall be deemed to be the lowest responsible  and  reli-
    43  able  bidder  and  no  bid shall be deemed the best value unless the bid
    44  offered by such bidder will comply with the contract  term  required  by

    45  paragraph (a) of this subdivision.
    46    (c)  The  provisions  of  paragraph  (a) of this subdivision shall not
    47  apply in any case or category of cases in which the executive head of  a
    48  public agency finds:
    49    (i)  that  the  application  of this subdivision would be inconsistent
    50  with the public interest;
    51    (ii) that such materials and products are not produced in  the  United
    52  States in sufficient and reasonably available quantities and of a satis-
    53  factory quality; or
    54    (iii)  that  inclusion  of domestic material will increase the cost of
    55  the overall project contract by more than twenty-five percent.

        S. 7206                             8
 

     1    (d) If the executive receives a request for a waiver  under  paragraph
     2  (c)  of  this  subdivision, the executive shall provide notice of and an
     3  opportunity for public comment on  the  request  at  least  thirty  days
     4  before making a finding based on the request.
     5    (e) A notice provided under paragraph (d) of this subdivision shall:
     6    (i)  summarize  the  information available to the executive concerning
     7  the request, including whether the request is being made under  subpara-
     8  graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
     9    (ii) be posted prominently on the official public internet web site of
    10  the agency; and
    11    (iii)  be  provided  by electronic means to any person, firm or corpo-

    12  ration that has made a written or electronic request to the public agen-
    13  cy for notice of waiver actions by the executive within five  (5)  years
    14  prior to the date of notice.
    15    (f)  If  the  executive  issues  a  waiver under paragraph (c) of this
    16  subdivision, the executive shall publish  in  the  same  manner  as  the
    17  original notice a detailed justification of the waiver that:
    18    (i) addresses the public comments received under paragraph (d) of this
    19  subdivision; and
    20    (ii) is published before the waiver takes effect.
    21    (g)  If  it  has been determined by a court or federal or state agency
    22  that any person intentionally:
    23    (i) affixed a label bearing a "Made in America"  inscription,  or  any

    24  inscription  with  the  same meaning, to any iron, steel or manufactured
    25  product used in projects to which this subdivision applies, sold  in  or
    26  shipped to the United States that was not made in the United States; or
    27    (ii) represented that any iron, steel, or manufactured product used in
    28  projects  to  which  this  section  applies that was not produced in the
    29  United States, was produced in the United States;
    30  then that person shall be ineligible to receive any contract or  subcon-
    31  tract with this state pursuant to the debarment or suspension provisions
    32  provided  under  section  one hundred thirty-nine-a of the state finance
    33  law.
    34    (h) This subdivision shall be applied in a manner consistent with  the

    35  state's   obligations  under  any  applicable  international  agreements
    36  pertaining to government procurement.
    37    (i) Definitions. For the purpose of this  subdivision,  the  following
    38  words shall have the following meanings unless otherwise specified:
    39    (i) "Executive" means the executive head of a public agency subject to
    40  this subdivision;
    41    (ii)  "Public  agency"  means  a  governmental  entity as that term is
    42  defined in section one hundred thirty-nine-j of the state finance law;
    43    (iii) "Manufactured in the United States" means: (A) in the case of an
    44  iron or steel product all manufacturing must take place  in  the  United
    45  States,  from the initial melting stage through the application of coat-

    46  ings, except metallurgical processes involving the refinement  of  steel
    47  additives; and
    48    (B)  in  the case of a manufactured product, a product will be consid-
    49  ered manufactured in the United States if:
    50    (1) all of its  manufacturing  processes  take  place  in  the  United
    51  States, and
    52    (2)  more  than  sixty  percent  of the components of the manufactured
    53  good, by cost, are of domestic origin. If, under the terms of this part,
    54  a component is determined to be of domestic origin, its entire cost  may
    55  be used in calculating the cost of domestic content of an end product.

        S. 7206                             9
 
     1    (iv)  "United  States" means the Unites States of America and includes

     2  all territory, continental or insular, subject to  the  jurisdiction  of
     3  the United States.
     4    §  7.  Severability. If any provisions of this act, or the application
     5  thereof to any person or circumstance, is held invalid, such  invalidity
     6  shall  not affect other provisions or applications of this act which can
     7  be given effect without the invalid provisions or  application,  and  to
     8  that extent, the provisions of this act are declared to be severable.
     9    § 8. This act shall take effect immediately.
Go to top