Bill Text: NY A04521 | 2023-2024 | General Assembly | Introduced
Bill Title: Requires all contracts over fifty thousand dollars in value made and awarded by any department, agency or authority of the state for the purchase of personal protective equipment or medical supplies shall require that the personal protective equipment or medical supply items be produced or made in whole or substantial part in the state of New York during the existence of a disaster emergency involving an epidemic, pandemic or similar disease outbreak.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced) 2024-01-03 - referred to governmental operations [A04521 Detail]
Download: New_York-2023-A04521-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4521 2023-2024 Regular Sessions IN ASSEMBLY February 16, 2023 ___________ Introduced by M. of A. DURSO -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, the public authorities law and the executive law, in relation to requiring the purchase of personal protective equipment and medical supplies produced or manufactured in the state of New York in certain circumstances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 148 of the state finance law is amended by adding a 2 new subdivision 6 to read as follows: 3 6. Notwithstanding any contrary provision of this section or any other 4 law, rule or regulation, the provisions of this section shall not apply 5 to contracts involving personal protective equipment and medical 6 supplies during the existence of a state disaster emergency under 7 circumstances described in section one hundred forty-eight-a of this 8 article requiring the purchase of personal protective equipment and 9 medical supplies produced or manufactured in New York. 10 § 2. The state finance law is amended by adding a new section 148-a to 11 read as follows: 12 § 148-a. Contracts involving personal protective equipment and medical 13 supplies; state disaster emergency. 1. Notwithstanding any contrary 14 provision of section one hundred forty-eight of this article or any 15 other law, rule or regulation, during the existence of a state disaster 16 emergency, as defined in paragraph (a) of subdivision two of this 17 section, all contracts over fifty thousand dollars in value made and 18 awarded by any department or agency of the state for the purchase of 19 personal protective equipment or medical supplies shall require that the 20 personal protective equipment or medical supply items be produced or 21 made in whole or substantial part in the state of New York. 22 2. For purposes of this section: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05154-01-3A. 4521 2 1 (a) "state disaster emergency" shall have the same meaning as defined 2 in paragraph b of subdivision two of section twenty of the executive 3 law, provided, however, such disasters shall be limited to those involv- 4 ing an epidemic, pandemic or similar disease outbreak. 5 (b) "personal protective equipment" means all equipment worn to mini- 6 mize exposure to medical hazards, including gloves, masks, face shields, 7 eye protection, respirators, medical hair and shoe coverings, and 8 disposable gowns and aprons. 9 (c) "medical supplies" means materials necessary to respond to health 10 emergencies or pandemics, including and without limitation ventilators, 11 medical test kits, and vaccines. 12 3. The provisions of this section shall not apply if the head of the 13 department or agency purchasing the personal protective equipment or 14 medical supplies, in his or her sole discretion, determines that such 15 provisions would not be in the public interest; that obtaining such 16 personal protective equipment or medical supplies produced or made in 17 the state of New York would increase the cost of the contract by an 18 unreasonable amount; that such personal protective equipment or medical 19 supplies cannot be produced or made in the state of New York in suffi- 20 cient and reasonably available quantities and of satisfactory quality or 21 design to meet the department's or agency's requirements; or that 22 purchasing personal protective equipment or medical supplies produced or 23 manufactured outside of the state of New York is necessary to avoid a 24 delay in the delivery of critical services that could compromise the 25 public welfare. In the event a New York state source is not able to 26 supply personal protective equipment or medical supply items, any other 27 personal protective equipment or medical supply items produced or made 28 in whole or substantial part in the United States may be utilized to 29 satisfy the requirements of this subdivision. 30 4. Nothing in this section is intended to contravene any existing 31 treaties, laws, trade agreements, or regulations of the United States or 32 subsequent trade agreements entered into between any foreign countries 33 and the state or the United States. 34 5. Subject to the provisions of this section, the department of 35 economic development, in consultation with the office of general 36 services and the division of the budget, shall be authorized to estab- 37 lish rules and regulations for the effective administration of this 38 section. 39 § 3. Section 2878-c of the public authorities law is amended by adding 40 a new subdivision 6 to read as follows: 41 6. Notwithstanding any contrary provision of this section or any other 42 law, rule or regulation, the provisions of this section shall not apply 43 to contracts involving personal protective equipment and medical 44 supplies during the existence of a state disaster emergency under 45 circumstances described in section twenty-eight hundred seventy-eight-cc 46 of this article requiring the purchase of personal protective equipment 47 and medical supplies produced or manufactured in New York. 48 § 4. The public authorities law is amended by adding a new subdivision 49 2878-cc to read as follows: 50 § 2878-cc. Contracts involving personal protective equipment and 51 medical supplies; state disaster emergency. 1. Notwithstanding any 52 contrary provision of section twenty-eight hundred seventy-eight-c of 53 this article or any other law, rule or regulation, during the existence 54 of a state disaster emergency, as defined in paragraph (a) of subdivi- 55 sion two of this section, all contracts over fifty thousand dollars in 56 value made and awarded by any authority of the state for the purchase ofA. 4521 3 1 personal protective equipment or medical supplies shall require that the 2 personal protective equipment or medical supply items be produced or 3 made in whole or substantial part in the state of New York. 4 2. For purposes of this section: 5 (a) "state disaster emergency" shall have the same meaning as defined 6 in paragraph b of subdivision two of section twenty of the executive 7 law, provided, however, such disasters shall be limited to those involv- 8 ing an epidemic, pandemic or similar disease outbreak. 9 (b) "personal protective equipment" means all equipment worn to mini- 10 mize exposure to medical hazards, including gloves, masks, face shields, 11 eye protection, respirators, medical hair and shoe coverings, and 12 disposable gowns and aprons. 13 (c) "medical supplies" means materials necessary to respond to health 14 emergencies or pandemics, including and without limitation ventilators, 15 medical test kits, and vaccines. 16 3. The provisions of this section shall not apply if the head of the 17 authority purchasing the personal protective equipment or medical 18 supplies, in his or her sole discretion, determines that such provisions 19 would not be in the public interest; that obtaining such personal 20 protective equipment or medical supplies produced or made in the state 21 of New York would increase the cost of the contract by an unreasonable 22 amount; that such personal protective equipment or medical supplies 23 cannot be produced or made in the state of New York in sufficient and 24 reasonably available quantities and of satisfactory quality or design to 25 meet the authority's requirements; or that purchasing personal protec- 26 tive equipment or medical supplies produced or manufactured outside of 27 the state of New York is necessary to avoid a delay in the delivery of 28 critical services that could compromise the public welfare. In the event 29 a New York state source is not able to supply personal protective equip- 30 ment or medical supply items, any other personal protective equipment or 31 medical supply items produced or made in whole or substantial part in 32 the United States may be utilized to satisfy the requirements of this 33 subdivision. 34 4. Nothing in this section is intended to contravene any existing 35 treaties, laws, trade agreements, or regulations of the United States or 36 subsequent trade agreements entered into between any foreign countries 37 and the state or the United States. 38 5. Subject to the provisions of this section, the department of 39 economic development, in consultation with the office of general 40 services and the division of the budget, shall be authorized to estab- 41 lish rules and regulations for the effective administration of this 42 section. 43 § 5. Section 28 of the executive law is amended by adding a new subdi- 44 vision 2-a to read as follows: 45 2-a. (a) Upon declaration of a disaster emergency involving an epidem- 46 ic, pandemic or similar disease outbreak, the governor or the governor's 47 designee shall: 48 (i) notify the heads of every department or agency that is subject to 49 the purchasing requirements of article nine of the state finance law 50 that such emergency exists and that all contracts over fifty thousand 51 dollars in value made and awarded by any such department or agency for 52 the purchase of personal protective equipment or medical supplies shall 53 require that such personal protective equipment or medical supply items 54 be produced or made in whole or substantial part in the state of New 55 York pursuant to section one hundred forty-eight-a of the state finance 56 law except as otherwise provided therein; andA. 4521 4 1 (ii) notify the heads of every state agency subject to the require- 2 ments of title four of article nine of the public authorities law that 3 such emergency exists and that all contracts over fifty thousand dollars 4 in value made and awarded by any such state authority for the purchase 5 of personal protective equipment or medical supplies shall require that 6 the personal protective equipment or medical supply items be produced or 7 made in whole or substantial part in the state of New York pursuant to 8 section twenty-eight hundred seventy-eight-cc of the public authorities 9 law except as otherwise provided therein. 10 (b) The governor shall take appropriate actions pursuant to the emer- 11 gency preparedness plan approved pursuant to subdivision three-a of 12 section twenty-two of this article. 13 § 6. Section 22 of the executive law is amended by adding a new subdi- 14 vision 3-a to read as follows: 15 3-a. a. Such plans shall, in addition to the requirements set forth in 16 subdivision three of this section, also include measures to facilitate 17 the production and/or manufacture in New York state of personal protec- 18 tive equipment and medical supplies as defined in paragraph b of this 19 subdivision, and such other provisions as are necessary to satisfy the 20 applicable procurement requirements of section one hundred forty-eight-a 21 of the state finance law and section twenty-eight hundred seventy-eight- 22 cc of the public authorities law. 23 b. For the purposes of this section: 24 (i) "personal protective equipment" means all equipment worn to mini- 25 mize exposure to medical hazards, including gloves, masks, face shields, 26 eye protection, respirators, medical hair and shoe coverings, and 27 disposable gowns and aprons. 28 (ii) "medical supplies" means materials necessary to respond to health 29 emergencies or pandemics, including and without limitation ventilators, 30 medical test kits, and vaccines. 31 § 7. This act shall take effect on the sixtieth day after it shall 32 have become a law and shall apply to any state contracting opportunities 33 advertised on or after such date and shall exclude contracts for which 34 an invitation for bid, request for proposal, or similar solicitation has 35 been issued prior to such effective date and such contracts shall be 36 awarded pursuant to the provisions of law in effect at the time of issu- 37 ance.
