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S07837 Summary:

BILL NOS07837
 
SAME ASNo Same As
 
SPONSORRYAN C
 
COSPNSR
 
MLTSPNSR
 
Add Art 23 §§450 - 457, Ec Dev L; add §98-e, St Fin L
 
Establishes the buy American, buy union grant program and the buy American, buy union grant fund for the purpose of providing grants to municipal subdivisions to reimburse such municipal subdivisions for the costs of procuring consumer or commercial vehicles which are union-made.
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S07837 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7837
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                       May 9, 2025
                                       ___________
 
        Introduced  by  Sen. C. RYAN -- read twice and ordered printed, and when
          printed to be committed to the Committee on Commerce, Economic  Devel-
          opment and Small Business
 
        AN  ACT to amend the economic development law and the state finance law,
          in relation to establishing the buy American, buy union grant  program
          and the buy American, buy union grant fund
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. The economic development law is amended  by  adding  a  new
     2  article 23 to read as follows:
     3                                 ARTICLE 23
     4                    BUY AMERICAN, BUY UNION GRANT PROGRAM
     5  Section 450. Definitions.
     6          451. Establishment of program.
     7          452. Operation of program.
     8          453. Application.
     9          454. Limitations.
    10          455. Determination.
    11          456. Reports.
    12          457. Rules and regulations.
    13    §  450. Definitions. For purposes of this article, the following terms
    14  shall have the following meanings:
    15    1. (a) "Bus" shall mean:
    16    (i) a motor vehicle designed to transport sixteen or more  passengers,
    17  including the driver; or
    18    (ii)  a  motor  vehicle,  other  than a taxicab, limousine or personal
    19  vehicle designed to transport not more than fifteen passengers,  includ-
    20  ing  the  driver, and used for the transportation of persons for compen-
    21  sation.
    22    (b) "Bus" shall not include a vehicle used in a  ridesharing  arrange-
    23  ment.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11958-01-5

        S. 7837                             2
 
     1    2.  "Business  entity"  shall mean a corporation, partnership, limited
     2  liability company, business trust, association, estate,  trust,  founda-
     3  tion or similar entity.
     4    3.  "Fund"  shall mean the "buy American, buy union grant fund" estab-
     5  lished pursuant to section ninety-eight-e of the state finance law.
     6    4. (a) "Labor organization" shall mean any organization of  any  kind,
     7  or  any  agency  or  employee  representation committee or plan in which
     8  employees participate, and which exists for the purpose, in whole or  in
     9  part,  of  dealing with employers concerning grievances, labor disputes,
    10  wages, rates of pay, hours of employment, or  conditions  of  work,  but
    11  shall not include any labor organization which, by ritualistic practice,
    12  constitutional  or  state  law  proscription,  tacit agreement among its
    13  members, or otherwise, denies a person  or  persons  membership  in  its
    14  organization on account of race, creed, color, or political affiliation.
    15    (b)  "Labor  organization"  shall not include an organization in which
    16  more than one-half of the employees  of  the  organization  are  owners,
    17  officers or executives of such organization.
    18    5.  "Passenger  car"  shall mean a motor vehicle, except a motorcycle,
    19  designed primarily for the transportation of persons  and  designed  for
    20  carrying  no  more  than  fifteen  passengers, including the driver, and
    21  primarily used for the transportation of persons. "Passenger car"  shall
    22  include motor vehicles which are designed with seats that may be readily
    23  removed  and  reinstalled,  but  does  not include such vehicles if used
    24  primarily for the transportation of property.
    25    6. "Procure" shall mean to acquire by purchase,  lease  or  rent,  but
    26  shall not include acquiring by lease or rent of the term of the lease or
    27  rent is less than one month.
    28    7.  "Program"  shall  mean  the  buy American, buy union grant program
    29  established pursuant to this article.
    30    8. "School bus" shall mean a motor vehicle which is:
    31    (a) designed to carry eleven passengers or more, including the driver;
    32  and
    33    (b) is used for the transportation of preprimary, primary or secondary
    34  school students to or from  public,  private  or  parochial  schools  or
    35  events related to such schools or school-related activities.
    36    9.  "Union-made" shall mean assembled as part of the final step in the
    37  manufacturing process to create a finished product, at a  plan,  factory
    38  or other site of a business entity which is:
    39    (a) located in the United States; and
    40    (b)  operating under a bona fide collective bargaining agreement nego-
    41  tiated by a bona fide labor organization.
    42    10. "Vehicle" shall mean any of the following:
    43    (a) a bus;
    44    (b) a passenger car;
    45    (c) a school bus;
    46    (d) a school vehicle; or
    47    (e) a truck, including a garbage truck.
    48    § 451. Establishment of program. The "buy American,  buy  union  grant
    49  program" is hereby established within the department.
    50    § 452. Operation of program. The department shall implement and admin-
    51  ister the program for the purpose of providing grants in accordance with
    52  this  article  to reimburse political subdivisions that procure consumer
    53  or commercial vehicles which are union-made.
    54    § 453. Application. 1. (a) The department shall develop an application
    55  form for political subdivisions to use to apply for a  grant  under  the
    56  program.

        S. 7837                             3

     1    (b)  The  application  form  may  specify the most common consumer and
     2  commercial vehicles that  would  be  eligible  for  a  grant  under  the
     3  program.
     4    (c)  The department shall post and make publicly accessible the appli-
     5  cation form on the department's website.
     6    2. A political subdivision applying for  a  grant  under  the  program
     7  shall provide the following information to the department:
     8    (a) the name of and contact information for the political subdivision;
     9    (b) the amount of the grant requested;
    10    (c) the number of consumer or commercial vehicles which are union-made
    11  for  which  a grant under the program is sought, including a description
    12  of the vehicle or vehicles;
    13    (d) evidence of procurement and union-made status; and
    14    (e) any other information the department deems necessary.
    15    3. The department shall establish the manner and process  for  submit-
    16  ting  completed  application  forms for consideration under the program,
    17  including but not limited to deadlines for submittal.
    18    § 454. Limitations. 1. The amount of a grant under the program  for  a
    19  political subdivision applicant shall be limited to not more than twenty
    20  percent of the costs incurred by the political subdivision regarding the
    21  procurement of the consumer or commercial vehicles which are union-made.
    22    2. Grants under the program shall be disbursed on a first-come, first-
    23  served  basis  determined  by  the department and until all money in the
    24  fund is exhausted.
    25    § 455. Determination. 1. The department shall  review  each  completed
    26  application  for a grant under the program and shall determine whether a
    27  grant shall be awarded.
    28    2. The department shall provide notice of the  determination  pursuant
    29  to  subdivision  one  of  this  section.  The following shall apply with
    30  respect to such notice:
    31    (a) if the department  shall  award  a  grant,  the  department  shall
    32  include  the  amount  of the grant and any conditions on the use of such
    33  grant; and
    34    (b) If the department does not award a grant in whole or in part,  the
    35  department shall include the reasons for the full or partial denial.
    36    §  456.  Reports. 1. No later than September first, two thousand twen-
    37  ty-six, and annually on September first thereafter, the department shall
    38  issue an annual report detailing the operation of the program  and  fund
    39  during the preceding year.
    40    2.  Each annual report required pursuant to this section shall include
    41  the following:
    42    (a) the number of applications received for grants under  the  program
    43  and the total dollar amount of such grants applied for;
    44    (b)  the  number  of  applicants  who  were  awarded a grant under the
    45  program, including the amount of each grant awarded;
    46    (c) the number of  applicants  who  were  denied  a  grant  under  the
    47  program,  in  whole  or  in  part, including the reasons for the full or
    48  partial denial;
    49    (d) the amount of money remaining in the fund at such time; and
    50    (e) any other information the department deems necessary.
    51    3. The report required pursuant to this section shall be submitted  to
    52  the  governor,  the temporary president of the senate and the speaker of
    53  the assembly.
    54    4. The department shall post and make publicly accessible each  annual
    55  report required pursuant to this section on the department's website.

        S. 7837                             4
 
     1    §  457.  Rules  and  regulations.  The department shall promulgate any
     2  rules or regulations necessary for the implementation of this article.
     3    §  2. The state finance law is amended by adding a new section 98-e to
     4  read as follows:
     5    § 98-e. Buy American, buy union grant fund. 1. There is hereby  estab-
     6  lished in the joint custody of the state comptroller and the commission-
     7  er of taxation and finance a special fund to be known as the "buy Ameri-
     8  can, buy union grant fund".
     9    2.  All money deposited into such fund and interest and other earnings
    10  on money in such fund shall be appropriated to the department of econom-
    11  ic development on a continuing basis for  purposes  of  awarding  grants
    12  under  the buy American, buy union grant program established pursuant to
    13  article twenty-three of the economic development law.
    14    3. Any money remaining in such fund at the end of  each  fiscal  year,
    15  including interest and other earnings, shall remain in such fund.
    16    4. The department of economic development may solicit and accept fund-
    17  ing  for  the buy American, buy union grant program established pursuant
    18  to article twenty-three of the economic development law,  including  but
    19  not  limited  to  money  appropriated by the legislature, federal money,
    20  grants, donations, gifts and other payments from any source, which shall
    21  be deposited into the fund established pursuant to this section.
    22    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    23  have become a law. Effective immediately, the addition, amendment and/or
    24  repeal  of  any  rule  or regulation necessary for the implementation of
    25  this act on its effective date are authorized to be made  and  completed
    26  on or before such date.
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