STATE OF NEW YORK
________________________________________________________________________
3430--A
2021-2022 Regular Sessions
IN ASSEMBLY
January 26, 2021
___________
Introduced by M. of A. McDONALD, FAHY, GRIFFIN, WOERNER, OTIS, STERN,
LUPARDO, GALEF, TAYLOR, DICKENS, B. MILLER, BUTTENSCHON, GUNTHER,
McDONOUGH, TAGUE, ENGLEBRIGHT, ABINANTI -- read once and referred to
the Committee on Governmental Operations -- recommitted to the Commit-
tee on Governmental Operations in accordance with Assembly Rule 3,
sec. 2 -- committee discharged, bill amended, ordered reprinted as
amended and recommitted to said committee
AN ACT to amend the state finance law and the public authorities law, in
relation to the purchase of personal protective equipment and medical
supplies produced or manufactured in the state of New York
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 1 and 3 of section 148 of the state finance
2 law, as added by section 2 of part BB of chapter 55 of the laws of 2021,
3 are amended to read as follows:
4 1. Notwithstanding any other provisions of law, all contracts over
5 fifty thousand dollars in value made and awarded by any department or
6 agency of the state for the purchase of personal protective equipment or
7 medical supplies shall require that the personal protective equipment or
8 medical supply items be produced or made in whole or substantial part in
9 the [United States] state of New York; and shall utilize, to the extent
10 practicable, preferred sources in accordance with section one hundred
11 sixty-two of the state finance law, for at least thirty percent of such
12 personal protective equipment or medical supply items.
13 3. The provisions of this section shall not apply if the head of the
14 department or agency purchasing the personal protective equipment or
15 medical supplies, in his or her sole discretion, determines that such
16 provisions would not be in the public interest; that obtaining such
17 personal protective equipment or medical supplies produced or made in
18 the state of New York or in the United States would increase the cost of
19 the contract by an unreasonable amount; that such personal protective
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01940-03-1
A. 3430--A 2
1 equipment or medical supplies cannot be produced or made in the state of
2 New York or in the United States in sufficient and reasonably available
3 quantities and of satisfactory quality or design to meet the depart-
4 ment's or agency's requirements; or that purchasing personal protective
5 equipment or medical supplies manufactured outside of the state of New
6 York or outside of the United States is necessary to avoid a delay in
7 the delivery of critical services that could compromise the public
8 welfare. In the event a New York state source or a preferred source is
9 not able to supply personal protective equipment or medical supply
10 items, any other personal protective equipment or medical supply items
11 produced or made in whole or substantial part in the United States may
12 be utilized to satisfy the requirements of this subdivision.
13 § 2. Subdivisions 1 and 3 of section 2878-c of the public authorities
14 law, as added by section 3 of part BB of chapter 55 of the laws of 2021,
15 are amended to read as follows:
16 1. Notwithstanding any other provisions of law, all contracts over
17 fifty thousand dollars in value made and awarded by any state authority
18 for the purchase of personal protective equipment or medical supplies
19 shall require that the personal protective equipment or medical supply
20 items be produced or made in whole or substantial part in the [United
21 States] state of New York; and shall utilize, to the extent practicable,
22 preferred sources in accordance with section one hundred sixty-two of
23 the state finance law, for at least thirty percent of such personal
24 protective equipment or medical supply items.
25 3. The provisions of this section shall not apply if the head of the
26 state authority purchasing the personal protective equipment or medical
27 supplies, in his or her sole discretion, determines that such provisions
28 would not be in the public interest; that obtaining such personal
29 protective equipment or medical supplies in the state of New York or
30 outside of the United States would increase the cost of the contract by
31 an unreasonable amount; that such personal protective equipment or
32 medical supplies cannot be produced or made in the state of New York or
33 in the United States in sufficient and reasonably available quantities
34 and of satisfactory quality or design to meet the state authority's
35 requirements; or that purchasing personal protective equipment or
36 medical supplies manufactured outside of the state of New York or
37 outside of the United States is necessary to avoid a delay in the deliv-
38 ery of critical services that could compromise the public welfare. In
39 the event a New York state source or a preferred source is not able to
40 supply personal protective equipment or medical supply items, any other
41 personal protective equipment or medical supply items produced or made
42 in whole or substantial part in the United States may be utilized to
43 satisfy the requirements of this subdivision.
44 § 3. This act shall take effect on the sixtieth day after it shall
45 have become a law and shall apply to any state contracting opportunities
46 advertised on or after such date and shall exclude contracts for which
47 an invitation for bid, request for proposal, or similar solicitation has
48 been issued prior to this proposal becoming effective.
