Bill Text: NY S03908 | 2021-2022 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Enacts the New York state buy American salt act to ensure all rock salt, or sodium chloride, used or supplied in the performance of a government contract or any subcontract thereto within the state shall be mined or hand harvested in the United States.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-02-15 - referred to governmental operations [S03908 Detail]
Download: New_York-2021-S03908-Introduced.html
Bill Title: Enacts the New York state buy American salt act to ensure all rock salt, or sodium chloride, used or supplied in the performance of a government contract or any subcontract thereto within the state shall be mined or hand harvested in the United States.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-02-15 - referred to governmental operations [S03908 Detail]
Download: New_York-2021-S03908-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3908 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to amend the state finance law, the general municipal law, the public authorities law and the highway law, in relation to enacting the New York state buy American salt act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York state buy American salt act". 3 § 2. The state finance law is amended by adding a new section 162-a to 4 read as follows: 5 § 162-a. The New York state buy American salt act. 1. Use of American 6 materials. (a) Notwithstanding any other provision of law, each 7 contract for purchase or procurement made by a public agency shall 8 contain a provision that the rock salt, or sodium chloride, used or 9 supplied in the performance of the contract or any subcontract thereto 10 shall be mined in the United States. 11 (b) For the purposes of section one hundred sixty-three of this arti- 12 cle, no bidder shall be deemed to be the lowest responsible and reliable 13 bidder and no bid shall be deemed the best value unless the bid offered 14 by such bidder will comply with the contract term required by paragraph 15 (a) of this subdivision. 16 (c) The provisions of paragraph (a) of this subdivision shall not 17 apply in any case or category of cases in which the executive head of a 18 public agency finds: 19 (i) that the application of this section would be inconsistent with 20 the public interest; 21 (ii) that such materials and products are not produced in the United 22 States in sufficient and reasonably available quantities and of a satis- 23 factory quality; or EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07974-01-1S. 3908 2 1 (iii) that inclusion of domestic material will increase the cost of 2 the overall procurement contract by more than twenty-five percent. 3 (d) If the executive receives a request for a waiver under paragraph 4 (c) of this subdivision, the executive shall provide notice of and an 5 opportunity for public comment on the request at least thirty days 6 before making a finding based on the request. 7 (e) A notice provided under paragraph (d) of this subdivision shall: 8 (i) summarize the information available to the executive concerning 9 the request, including whether the request is being made under subpara- 10 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 11 (ii) be posted prominently on the official public internet web site of 12 the agency; and 13 (iii) be provided by electronic means to any person, firm or corpo- 14 ration that has made a written or electronic request to the public agen- 15 cy for notice of waiver actions by the executive within five years prior 16 to the date of notice. 17 (f) If the executive issues a waiver under paragraph (c) of this 18 subdivision, the executive shall publish in the same manner as the 19 original notice a detailed justification for the waiver that: 20 (i) addresses the public comments received under paragraph (d) of this 21 subdivision; and 22 (ii) is published before the waiver takes effect. 23 (g) If it has been determined by a court or federal or state agency 24 that any person intentionally: 25 (i) affixed a label bearing a "Made in America" inscription, or any 26 inscription with the same meaning, to any rock salt, or sodium chloride 27 product used in projects to which this section applies, sold in or 28 shipped to the United States that was not mined in the United States; or 29 (ii) represented that any rock salt, or sodium chloride product 30 procured in a contract to which this section applies that was not 31 produced in the United States, was produced in the United States; then 32 that person shall be ineligible to receive any contract or subcontract 33 with this state pursuant to the debarment or suspension provisions 34 provided under section one hundred thirty-nine-a of this chapter. 35 (h) This section shall be applied in a manner consistent with the 36 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) "Executive" means the executive head of a public agency subject to 41 this section; 42 (b) "Public agency" means a governmental entity as that term is 43 defined in section one hundred thirty-nine-j of this chapter; 44 (c) "Mined in the United States" means: extracted from land within the 45 boundary of the United States, from the initial separation from the 46 earth through the addition of any additives necessary for commercial 47 sale; 48 (d) "United States" means the United States of America and includes 49 all territory, continental or insular, subject to the jurisdiction of 50 the United States. 51 § 3. The general municipal law is amended by adding a new section 52 104-d to read as follows: 53 § 104-d. The New York state buy American salt act. 1. Use of American 54 materials. (a) Notwithstanding any other provision of law, each 55 contract for purchase or procurement made by a public agency of a poli- 56 tical subdivision shall contain a provision that the rock salt, or sodi-S. 3908 3 1 um chloride, used or supplied in the performance of the contract or any 2 subcontract thereto shall be mined in the United States. 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 executive head of a 9 public agency finds: 10 (i) that the application of this section would be inconsistent with 11 the public interest; 12 (ii) that such materials and products are not produced in the United 13 States in sufficient and reasonably available quantities and of a satis- 14 factory quality; or 15 (iii) that inclusion of domestic material will increase the cost of 16 the overall procurement contract by more than twenty-five percent. 17 (d) If the executive receives a request for a waiver under paragraph 18 (c) of this subdivision, the executive shall provide notice of and an 19 opportunity for public comment on the request at least thirty days 20 before making a finding based on the request. 21 (e) A notice provided under paragraph (d) of this subdivision shall: 22 (i) summarize the information available to the executive concerning 23 the request, including whether the request is being made under subpara- 24 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 25 (ii) be posted prominently on the official public internet web site of 26 the agency; and 27 (iii) be provided by electronic means to any person, firm or corpo- 28 ration that has made a written or electronic request to the public agen- 29 cy for notice of waiver actions by the executive within five years prior 30 to the date of notice. 31 (f) If the executive issues a waiver under paragraph (c) of this 32 subdivision, the executive shall publish in the same manner as the 33 original notice a detailed justification for the waiver that: 34 (i) addresses the public comments received under paragraph (d) of this 35 subdivision; and 36 (ii) is published before the waiver takes effect. 37 (g) If it has been determined by a court or federal or state agency 38 that any person intentionally: 39 (i) affixed a label bearing a "Made in America" inscription, or any 40 inscription with the same meaning, to any rock salt, or sodium chloride 41 product used in projects to which this section applies, sold in or 42 shipped to the United States that was not mined in the United States; or 43 (ii) represented that any rock salt, or sodium chloride product 44 procured in a contract to which this section applies that was not 45 produced in the United States, was produced in the United States; then 46 that person shall be ineligible to receive any contract or subcontract 47 with this state pursuant to the debarment or suspension provisions 48 provided under section one hundred thirty-nine-a of the state finance 49 law. 50 (h) This section shall be applied in a manner consistent with the 51 state's obligations under any applicable international agreements 52 pertaining to government procurement. 53 2. Definitions. For the purposes of this section, the following words 54 shall have the following meanings unless specified otherwise: 55 (a) "Executive" means the executive head of a public agency subject to 56 this section;S. 3908 4 1 (b) "Public agency" means a governmental entity as that term is 2 defined in section one hundred thirty-nine-j of the state finance law; 3 (c) "Mined in the United States" means: extracted from land within the 4 boundary of the United States, from the initial separation from the 5 earth through the addition of any additives necessary for commercial 6 sale; 7 (d) "United States" means the United States of America and includes 8 all territory, continental or insular, subject to the jurisdiction of 9 the United States. 10 § 4. The public authorities law is amended by adding a new section 11 2877-a to read as follows: 12 § 2877-a. The New York state buy American salt act. 1. Use of American 13 materials. (a) Notwithstanding any other provision of law, each 14 contract for purchase or procurement made by a public authority shall 15 contain a provision that the rock salt, or sodium chloride, used or 16 supplied in the performance of the contract or any subcontract thereto 17 shall be mined in the United States. 18 (b) No bidder shall be deemed to be the lowest responsible and reli- 19 able bidder and no bid shall be deemed the best value unless the bid 20 offered by such bidder will comply with the contract term required by 21 paragraph (a) of this subdivision. 22 (c) The provisions of paragraph (a) of this subdivision shall not 23 apply in any case or category of cases in which the executive head of a 24 public agency finds: 25 (i) that the application of this section would be inconsistent with 26 the public interest; 27 (ii) that such materials and products are not produced in the United 28 States in sufficient and reasonably available quantities and of a satis- 29 factory quality; or 30 (iii) that inclusion of domestic material will increase the cost of 31 the overall procurement contract by more than twenty-five percent. 32 (d) If the executive receives a request for a waiver under paragraph 33 (c) of this subdivision, the executive shall provide notice of and an 34 opportunity for public comment on the request at least thirty days 35 before making a finding based on the request. 36 (e) A notice provided under paragraph (d) of this subdivision shall: 37 (i) summarize the information available to the executive concerning 38 the request, including whether the request is being made under subpara- 39 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 40 (ii) be posted prominently on the official public internet web site of 41 the agency; and 42 (iii) be provided by electronic means to any person, firm or corpo- 43 ration that has made a written or electronic request to the public agen- 44 cy for notice of waiver actions by the executive within five years prior 45 to the date of notice. 46 (f) If the executive issues a waiver under paragraph (c) of this 47 subdivision, the executive shall publish in the same manner as the 48 original notice a detailed justification for the waiver that: 49 (i) addresses the public comments received under paragraph (d) of this 50 subdivision; and 51 (ii) is published before the waiver takes effect. 52 (g) If it has been determined by a court or federal or state agency 53 that any person intentionally: 54 (i) affixed a label bearing a "Made in America" inscription, or any 55 inscription with the same meaning, to any rock salt, or sodium chlorideS. 3908 5 1 product used in projects to which this section applies, sold in or 2 shipped to the United States that was not mined in the United States; or 3 (ii) represented that any rock salt, or sodium chloride product 4 procured in a contract to which this section applies that was not 5 produced in the United States, was produced in the United States; then 6 that person shall be ineligible to receive any contract or subcontract 7 with this state pursuant to the debarment or suspension provisions 8 provided under section one hundred thirty-nine-a of the state finance 9 law. 10 (h) This section shall be applied in a manner consistent with the 11 state's obligations under any applicable international agreements 12 pertaining to government procurement. 13 2. Definitions. For the purposes of this section, the following words 14 shall have the following meanings unless specified otherwise: 15 (a) "Executive" means the executive head of a public agency subject to 16 this section; 17 (b) "Public agency" means a state, local or interstate authority as 18 those terms are defined in section two of this chapter; 19 (c) "Mined in the United States" means: extracted from land within the 20 boundary of the United States, from the initial separation from the 21 earth through the addition of any additives necessary for commercial 22 sale; 23 (d) "United States" means the United States of America and includes 24 all territory, continental or insular, subject to the jurisdiction of 25 the United States. 26 § 5. The highway law is amended by adding a new section 12-a to read 27 as follows: 28 § 12-a. The New York state buy American salt act. 1. Use of American 29 materials. (a) Notwithstanding any other provision of law, each contract 30 for purchase or procurement made by a public authority shall contain a 31 provision that the rock salt, or sodium chloride, used or supplied in 32 the performance of the contract or any subcontract thereto shall be 33 mined in the United States. 34 (b) No bidder shall be deemed to be the lowest responsible and reli- 35 able bidder and no bid shall be deemed the best value unless the bid 36 offered by such bidder will comply with the contract term required by 37 paragraph (a) of this subdivision. 38 (c) The provisions of paragraph (a) of this subdivision shall not 39 apply in any case or category of cases in which the executive head of a 40 public agency finds: 41 (i) that the application of this section would be inconsistent with 42 the public interest; 43 (ii) that such materials and products are not produced in the United 44 States in sufficient and reasonably available quantities and of a satis- 45 factory quality; or 46 (iii) that inclusion of domestic material will increase the cost of 47 the overall procurement contract by more than twenty-five percent. 48 (d) If the executive receives a request for a waiver under paragraph 49 (c) of this subdivision, the executive shall provide notice of and an 50 opportunity for public comment on the request at least thirty days 51 before making a finding based on the request. 52 (e) A notice provided under paragraph (d) of this subdivision shall: 53 (i) summarize the information available to the executive concerning 54 the request, including whether the request is being made under subpara- 55 graph (i), (ii) or (iii) of paragraph (c) of this subdivision;S. 3908 6 1 (ii) be posted prominently on the official public internet web site of 2 the agency; and 3 (iii) be provided by electronic means to any person, firm or corpo- 4 ration that has made a written or electronic request to the public agen- 5 cy for notice of waiver actions by the executive within five years prior 6 to the date of notice. 7 (f) If the executive issues a waiver under paragraph (c) of this 8 subdivision, the executive shall publish in the same manner as the 9 original notice a detailed justification for the waiver that: 10 (i) addresses the public comments received under paragraph (d) of this 11 subdivision; and 12 (ii) is published before the waiver takes effect. 13 (g) If it has been determined by a court or federal or state agency 14 that any person intentionally: 15 (i) affixed a label bearing a "Made in America" inscription, or any 16 inscription with the same meaning, to any rock salt, or sodium chloride 17 product used in projects to which this section applies, sold in or 18 shipped to the United States that was not mined in the United States; or 19 (ii) represented that any rock salt, or sodium chloride product 20 procured in a contract to which this section applies that was not 21 produced in the United States, was produced in the United States; then 22 that person shall be ineligible to receive any contract or subcontract 23 with this state pursuant to the debarment or suspension provisions 24 provided under section one hundred thirty-nine-a of the state finance 25 law. 26 (h) This section shall be applied in a manner consistent with the 27 state's obligations under any applicable international agreements 28 pertaining to government procurement. 29 2. Definitions. For the purposes of this section, the following words 30 shall have the following meanings unless specified otherwise: 31 (a) "Executive" means the executive head of a public agency subject to 32 this section; 33 (b) "Public agency" means a governmental entity as that term is 34 defined in section one hundred thirty-nine-j of the state finance law; 35 (c) "Mined in the United States" means: extracted from land within the 36 boundary of the United States, from the initial separation from the 37 earth through the addition of any additives necessary for commercial 38 sale; 39 (d) "United States" means the United States of America and includes 40 all territory, continental or insular, subject to the jurisdiction of 41 the United States. 42 § 6. Severability. If any provision of this act, or any application of 43 any provision of this act, is held to be invalid, that shall not affect 44 the validity or effectiveness of any other provision of this act, or of 45 any other application of any provision of this act, which can be given 46 effect without that provision or application; and to that end, the 47 provisions and applications of this act are severable. 48 § 7. This act shall take effect immediately.
