Amd §162-a, St Fin L; amd §104-d, Gen Muni L; amd §2877-a, Pub Auth L; amd §12-a, Hway L; amd §7, Chap of
2022 (as proposed in S.9441 & A.7919-A)
Directs that when soliciting a contract for the purchase of rock salt or sodium chloride, any department or agency of the state, any department or agency of a political subdivision, any public authority, or the commissioner of transportation, may award such contract to the responsible and reliable bidder offering to supply rock salt or sodium chloride that is mined or hand harvested in the United States, and which offer is within ten percent of the lowest price or best value offer, rather than to the lowest responsible and reliable bidder.
STATE OF NEW YORK
________________________________________________________________________
620
2023-2024 Regular Sessions
IN ASSEMBLY
January 10, 2023
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, the general municipal law, the
public authorities law and the highway law, in relation to awarding a
contract for the purchase of rock salt or sodium chloride; and to
amend a chapter of the laws of 2022 amending the state finance law,
the general municipal law, the public authorities law and the highway
law relating to enacting the New York state buy American salt act, as
proposed in legislative bills numbers S. 9441 and A. 7919-A, in
relation to the effectiveness thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 162-a of the state finance law, as added by a chap-
2 ter of the laws of 2022 amending the state finance law, the general
3 municipal law, the public authorities law and the highway law relating
4 to enacting the New York state buy American salt act, as proposed in
5 legislative bills numbers S. 9441 and A. 7919-A, is amended to read as
6 follows:
7 § 162-a. The New York state buy American salt act. 1. Use of American
8 materials. (a) Notwithstanding any other provision of law, [each] when
9 soliciting a contract for the purchase [or procurement made by] of rock
10 salt or sodium chloride, any department or agency of the state [shall
11 contain a provision that the rock salt, or sodium chloride, used or
12 supplied in the performance of the] may award such contract [or any
13 subcontract thereto shall be] to the responsible and reliable bidder
14 offering to supply rock salt or sodium chloride that is mined or hand
15 harvested in the United States, and which offer is within ten percent of
16 the lowest price or best value offer, rather than to the lowest respon-
17 sible and reliable bidder.
18 (b) [For the purposes of section one hundred sixty-three of this arti-
19 cle, no bidder shall be deemed to be the lowest responsible and reliable
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03963-01-3
A. 620 2
1 bidder and no bid shall be deemed the best value unless the bid offered
2 by such bidder will comply with the contract term required by paragraph
3 (a) of this subdivision.
4 (c) The provisions of paragraph (a) of this subdivision shall not
5 apply in any case or category of cases in which the head of such depart-
6 ment or agency determines that:
7 (i) such requirement would not be in the public interest;
8 (ii) such requirement would result in unreasonable costs;
9 (iii) such materials and products cannot be produced in the United
10 States in sufficient and reasonably available quantities and of a satis-
11 factory quality; or
12 (iv) obtaining such materials and products in the United States would
13 increase the cost of the contract by an unreasonable amount.
14 (d)] If it has been determined by a court or federal or state agency
15 that any person intentionally:
16 (i) affixed a label bearing a "Made in America" inscription, or any
17 inscription with the same meaning, to any rock salt, or sodium chloride
18 product used in projects to which this section applies, sold in or
19 shipped to the United States that was not mined or hand harvested in the
20 United States; or
21 (ii) represented that any rock salt, or sodium chloride product
22 procured in a contract to which this section applies that was not
23 produced in the United States, was produced in the United States; then
24 that person shall be ineligible to receive any contract or subcontract
25 with this state pursuant to the debarment or suspension provisions
26 provided under section one hundred thirty-nine-a of this chapter.
27 [(e)] (c) This section shall be applied in a manner consistent with
28 the state's obligations under any applicable international agreements
29 pertaining to government procurement.
30 2. Definitions. For the purposes of this section, the following words
31 shall have the following meanings unless specified otherwise:
32 (a) "Public agency" means a governmental entity as that term is
33 defined in section one hundred thirty-nine-j of this chapter;
34 (b) "Mined or hand harvested in the United States" means: extracted or
35 collected from land or ponds within the boundary of the United States,
36 from the initial separation from the earth through the addition of any
37 additives necessary for commercial sale;
38 (c) "United States" means the United States of America and includes
39 all territory, continental or insular, subject to the jurisdiction of
40 the United States.
41 § 2. Section 104-d of the general municipal law, as added by a chapter
42 of the laws of 2022 amending the state finance law, the general munici-
43 pal law, the public authorities law and the highway law relating to
44 enacting the New York state buy American salt act, as proposed in legis-
45 lative bills numbers S. 9441 and A. 7919-A, is amended to read as
46 follows:
47 § 104-d. The New York state buy American salt act. 1. Use of American
48 materials. (a) Notwithstanding any other provision of law, [each] when
49 soliciting a contract for the purchase [or procurement made by] of rock
50 salt or sodium chloride, any department or agency of a political subdi-
51 vision [shall contain a provision that the rock salt, or sodium chlo-
52 ride, used or supplied in the performance of the] may award such
53 contract [or any subcontract thereto shall be] to the responsible and
54 reliable bidder offering to supply rock salt or sodium chloride that is
55 mined or hand harvested in the United States, and which offer is within
A. 620 3
1 ten percent of the lowest price or best value offer, rather than to the
2 lowest responsible and reliable bidder.
3 (b) [No bidder shall be deemed to be the lowest responsible and reli-
4 able bidder and no bid shall be deemed the best value unless the bid
5 offered by such bidder will comply with the contract term required by
6 paragraph (a) of this subdivision.
7 (c) The provisions of paragraph (a) of this subdivision shall not
8 apply in any case or category of cases in which the head of such depart-
9 ment or agency determines that:
10 (i) such requirement would not be in the public interest;
11 (ii) such requirement would result in unreasonable costs;
12 (iii) such materials and products cannot be produced in the United
13 States in sufficient and reasonably available quantities and of a satis-
14 factory quality; or
15 (iv) obtaining such materials and products in the United States would
16 increase the cost of the contract by an unreasonable amount.
17 (d)] If it has been determined by a court or federal or state agency
18 that any person intentionally:
19 (i) affixed a label bearing a "Made in America" inscription, or any
20 inscription with the same meaning, to any rock salt, or sodium chloride
21 product used in projects to which this section applies, sold in or
22 shipped to the United States that was not mined or hand harvested in the
23 United States; or
24 (ii) represented that any rock salt, or sodium chloride product
25 procured in a contract to which this section applies that was not
26 produced in the United States, was produced in the United States; then
27 that person shall be ineligible to receive any contract or subcontract
28 with this state pursuant to the debarment or suspension provisions
29 provided under section one hundred thirty-nine-a of the state finance
30 law.
31 [(e)] (c) This section shall be applied in a manner consistent with
32 the state's obligations under any applicable international agreements
33 pertaining to government procurement.
34 2. Definitions. For the purposes of this section, the following words
35 shall have the following meanings unless specified otherwise:
36 (a) "Public agency" means a governmental entity as that term is
37 defined in section one hundred thirty-nine-j of the state finance law;
38 (b) "Mined or hand harvested in the United States" means: extracted or
39 collected from land or ponds within the boundary of the United States,
40 from the initial separation from the earth through the addition of any
41 additives necessary for commercial sale;
42 (c) "United States" means the United States of America and includes
43 all territory, continental or insular, subject to the jurisdiction of
44 the United States.
45 § 3. Section 2877-a of the public authorities law, as added by a chap-
46 ter of the laws of 2022 amending the state finance law, the general
47 municipal law, the public authorities law and the highway law relating
48 to enacting the New York state buy American salt act, as proposed in
49 legislative bills numbers S. 9441 and A. 7919-A, is amended to read as
50 follows:
51 § 2877-a. The New York state buy American salt act. 1. Use of American
52 materials. (a) Notwithstanding any other provision of law, [each] when
53 soliciting a contract for the purchase [or procurement made by] of rock
54 salt or sodium chloride, any public authority [shall contain a provision
55 that the rock salt, or sodium chloride, used or supplied in the perform-
56 ance of the] may award such contract [or any subcontract thereto shall
A. 620 4
1 be] to the responsible and reliable bidder offering to supply rock salt
2 or sodium chloride that is mined or hand harvested in the United States,
3 and which offer is within ten percent of the lowest price or best value
4 offer, rather than to the lowest responsible and reliable bidder.
5 (b) [No bidder shall be deemed to be the lowest responsible and reli-
6 able bidder and no bid shall be deemed the best value unless the bid
7 offered by such bidder will comply with the contract term required by
8 paragraph (a) of this subdivision.
9 (c) The provisions of paragraph (a) of this subdivision shall not
10 apply in any case or category of cases in which the head of such public
11 authority determines that:
12 (i) such requirement would not be in the public interest;
13 (ii) such requirement would result in unreasonable costs;
14 (iii) such materials and products cannot be produced in the United
15 States in sufficient and reasonably available quantities and of a satis-
16 factory quality; or
17 (iv) obtaining such materials and products in the United States would
18 increase the cost of the contract by an unreasonable amount.
19 (d)] If it has been determined by a court or federal or state agency
20 that any person intentionally:
21 (i) affixed a label bearing a "Made in America" inscription, or any
22 inscription with the same meaning, to any rock salt, or sodium chloride
23 product used in projects to which this section applies, sold in or
24 shipped to the United States that was not mined or hand harvested in the
25 United States; or
26 (ii) represented that any rock salt, or sodium chloride product
27 procured in a contract to which this section applies that was not
28 produced in the United States, was produced in the United States; then
29 that person shall be ineligible to receive any contract or subcontract
30 with this state pursuant to the debarment or suspension provisions
31 provided under section one hundred thirty-nine-a of the state finance
32 law.
33 [(e)] (c) This section shall be applied in a manner consistent with
34 the state's obligations under any applicable international agreements
35 pertaining to government procurement.
36 2. Definitions. For the purposes of this section, the following words
37 shall have the following meanings unless specified otherwise:
38 (a) "Public authority" means a state, local or interstate authority as
39 those terms are defined in section two of this chapter;
40 (b) "Mined or hand harvested in the United States" means: extracted or
41 collected from land or ponds within the boundary of the United States,
42 from the initial separation from the earth through the addition of any
43 additives necessary for commercial sale;
44 (c) "United States" means the United States of America and includes
45 all territory, continental or insular, subject to the jurisdiction of
46 the United States.
47 § 4. Section 12-a of the highway law, as added by a chapter of the
48 laws of 2022 amending the state finance law, the general municipal law,
49 the public authorities law and the highway law relating to enacting the
50 New York state buy American salt act, as proposed in legislative bills
51 numbers S. 9441 and A. 7919-A, is amended to read as follows:
52 § 12-a. The New York state buy American salt act. 1. Use of American
53 materials. (a) Notwithstanding any other provision of law, [each] when
54 soliciting a contract for the purchase [or procurement made by any
55 public authority shall contain a provision that the] of rock salt[,] or
56 sodium chloride, [used or supplied in the performance of] the commis-
A. 620 5
1 sioner of transportation may award such contract [or any subcontract
2 thereto shall be] to the responsible and reliable bidder offering to
3 supply rock salt or sodium chloride that is mined or hand harvested in
4 the United States, and which offer is within ten percent of the lowest
5 price or best value offer, rather than to the lowest responsible and
6 reliable bidder.
7 (b) [No bidder shall be deemed to be the lowest responsible and reli-
8 able bidder and no bid shall be deemed the best value unless the bid
9 offered by such bidder will comply with the contract term required by
10 paragraph (a) of this subdivision.
11 (c) The provisions of paragraph (a) of this subdivision shall not
12 apply in any case or category of cases in which the head of such public
13 authority determines that:
14 (i) such requirement would not be in the public interest;
15 (ii) such requirement would result in unreasonable costs;
16 (iii) such materials and products cannot be produced in the United
17 States in sufficient and reasonably available quantities and of a satis-
18 factory quality; or
19 (iv) obtaining such materials and products in the United States would
20 increase the cost of the contract by an unreasonable amount.
21 (d)] 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 rock salt, or sodium chloride
25 product used in projects to which this section applies, sold in or
26 shipped to the United States that was not mined or hand harvested in the
27 United States; or
28 (ii) represented that any rock salt, or sodium chloride product
29 procured in a contract to which this section applies that was not
30 produced in the United States, was produced in the United States; then
31 that person shall be ineligible to receive any contract or subcontract
32 with this state pursuant to the debarment or suspension provisions
33 provided under section one hundred thirty-nine-a of the state finance
34 law.
35 [(e)] (c) This section shall be applied in a manner consistent with
36 the state's obligations under any applicable international agreements
37 pertaining to government procurement.
38 2. Definitions. For the purposes of this section, the following words
39 shall have the following meanings unless specified otherwise:
40 (a) ["Public authority" means a governmental entity as that term is
41 defined in section one hundred thirty-nine-j of the state finance law;
42 (b)] "Mined or hand harvested in the United States" means: extracted
43 or collected from land or ponds within the boundary of the United
44 States, from the initial separation from the earth through the addition
45 of any additives necessary for commercial sale;
46 [(c)] (b) "United States" means the United States of America and
47 includes all territory, continental or insular, subject to the jurisdic-
48 tion of the United States.
49 § 5. Section 7 of a chapter of the laws of 2022 amending the state
50 finance law, the general municipal law, the public authorities law and
51 the highway law relating to enacting the New York state buy American
52 salt act, as proposed in legislative bills numbers S. 9441 and A.
53 7919-A, is amended to read as follows:
54 § 7. This act shall take effect [immediately] April 1, 2023 and shall
55 apply only to contracts entered into after such date.
A. 620 6
1 § 6. This act shall take effect immediately, provided however that
2 sections one, two, three and four of this act shall take effect on the
3 same date and in the same manner as a chapter of the laws of 2022 amend-
4 ing the state finance law, the general municipal law, the public author-
5 ities law and the highway law relating to enacting the New York state
6 buy American salt act, as proposed in legislative bills numbers S. 9441
7 and A. 7919-A, takes effect.
