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.
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.