Requires that all materials, including raw materials, used or supplied in the performance of a contract or any subcontract for the construction, reconstruction, alteration, repair, improvement or maintenance of a covered renewable energy system be produced or made in whole or substantial part in the United States, its territories or possessions.
STATE OF NEW YORK
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8369
IN SENATE
January 23, 2024
___________
Introduced by Sen. BORRELLO -- read twice and ordered printed, and when
printed to be committed to the Committee on Energy and Telecommuni-
cations
AN ACT to amend the public service law, in relation to requiring that
renewable energy systems projects use materials produced in the United
States
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 4 of section 66-r of the public service law, as
2 added by section 2-a of part AA of chapter 56 of the laws of 2021, is
3 amended to read as follows:
4 4.(a) Any public entity, in each contract for construction, recon-
5 struction, alteration, repair, improvement or maintenance of a covered
6 renewable energy system which involves the procurement of a renewable
7 energy credits agreement by a public entity, or a third party acting on
8 behalf and for the benefit of a public entity, the "public work" for the
9 purposes of this subdivision, shall ensure that such contract shall
10 contain a provision that [the iron and structural steel] all materials,
11 including raw materials, used or supplied in the performance of the
12 contract or any subcontract thereto [and that is permanently incorpo-
13 rated into the public work,] shall be produced or made in whole or
14 substantial part in the United States, its territories or possessions.
15 In the case of a structural iron or structural steel product used or
16 supplied in the performance of the contract or any subcontract thereto,
17 all manufacturing must take place in the United States, from the initial
18 melting stage through the application of coatings, except metallurgical
19 processes involving the refinement of steel additives. [For the purposes
20 of this subdivision, "permanently incorporated" shall mean an iron or
21 steel product that is required to remain in place at the end of the
22 project contract, in a fixed location, affixed to the public work to
23 which it was incorporated. Iron and steel products that are capable of
24 being moved from one location to another are not permanently incorpo-
25 rated into a public work.]
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14082-01-4
S. 8369 2
1 (b) The provisions of paragraph (a) of this subdivision shall not
2 apply if the head of the department or agency constructing the public
3 works, in his or her sole discretion, determines that the provisions
4 would not be in the public interest, would result in unreasonable costs,
5 or that obtaining such [steel or iron] necessary materials in the United
6 States would increase the cost of the contract by an unreasonable
7 amount, or such [iron or steel, including without limitation structural
8 iron and structural steel] necessary materials cannot be produced or
9 made in the United States in sufficient and reasonably available quanti-
10 ties and of satisfactory quality. The head of the department or agency
11 constructing the public works shall include this determination in an
12 advertisement or solicitation of a request for proposal, invitation for
13 bid, or solicitation of proposal, or any other method provided for by
14 law or regulation for soliciting a response from offerors intending to
15 result in a contract pursuant to this subdivision. The provisions of
16 paragraph (a) of this subdivision shall not apply for equipment or mate-
17 rials purchased by a covered renewable energy system prior to the effec-
18 tive date of this [chapter] section.
19 (c) The head of the department or agency constructing the public works
20 may, at his or her sole discretion, provide for a solicitation of a
21 request for proposal, invitation for bid, or solicitation of proposal,
22 or any other method provided for by law or regulation for soliciting a
23 response from offerors intending to result in a contract pursuant to
24 this paragraph involving a competitive process in which the evaluation
25 of competing bids gives significant consideration in the evaluation
26 process to the procurement of equipment and supplies from businesses
27 located in New York state.
28 § 2. This act shall take effect immediately.
