Establishes state procurement goals for New York state products throughout state agencies and private entities performing state contracts; provides that every year after enactment, a certain percentage of products purchased by state agencies will be New York state products, with such percentage threshold increasing each year up until five years.
STATE OF NEW YORK
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8433--A
2021-2022 Regular Sessions
IN ASSEMBLY
November 17, 2021
___________
Introduced by M. of A. JONES -- read once and referred to the Committee
on Governmental Operations -- recommitted to the Committee on Govern-
mental 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, in relation to establishing state
procurement goals for New York state products throughout state agen-
cies and private entities performing state contracts
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 163-c to read as follows:
3 § 163-c. Procurement goals for New York state products in state agen-
4 cies. 1. For the purposes of this section, the following terms shall
5 have the following meanings:
6 (a) "State agency" shall mean any department, agency, board, public
7 benefit corporation, public authority or commission.
8 (b) "New York state product" shall mean an item that is at least
9 fifty-one percent manufactured or produced in any way in this state.
10 2. (a) In order to create, strengthen, and expand local economies
11 throughout New York, it shall be the goal of this state that in the
12 first and second full year after the effective date of this
13 section, at least fifteen percent of all products purchased by a state
14 agency shall be New York state products; in the third full year after
15 the effective date of this section, at least twenty percent of all
16 products purchased by a state agency shall be New York state products;
17 and in the fourth full year after the effective date of this section and
18 thereafter, at least twenty-five percent of all products purchased by a
19 state agency shall be New York state products.
20 (b) To meet the goals set forth in this section, when a state agency
21 contract for the purchase of products is to be awarded to the lowest
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD05947-06-2
A. 8433--A 2
1 responsible bidder, an otherwise qualified bidder who will fulfill the
2 contract through the use of New York state products may be given prefer-
3 ence over other bidders, provided that the cost included in the bid of
4 New York state products is not more than ten percent greater than the
5 cost included in a bid that is not for New York state products.
6 3. (a) The provisions of this section shall not apply if the head of
7 the contracting state agency purchasing products, in his or her sole
8 discretion, determines that:
9 (i) purchasing New York state products pursuant to the provisions of
10 this section would be against the public interest;
11 (ii) purchasing New York state products would increase the cost of the
12 contract by an unreasonable amount;
13 (iii) New York state products cannot be obtained in sufficient and
14 reasonable available quantities and of satisfactory quality to meet the
15 contracting state agency's requirements; or
16 (iv) purchasing products manufactured or produced outside of the
17 state, or in facilities inside or outside of the state comprising less
18 than fifty-one percent of materials produced in the state, is necessary
19 to avoid a delay in the delivery of products.
20 (b) For private entities performing state contracts, the state agency
21 overseeing the performance of such contract shall promulgate rules and
22 regulations to allow for private entities to be granted a waiver from
23 the requirements of this section if a private entity can prove that is
24 not able to meet the thresholds set forth in this section.
25 4. Any product procured in accordance with this section shall be for
26 the sole use of the state of New York.
27 § 2. This act shall take effect on the thirtieth day after it shall
28 have become a law.
