Bill Text: NY A02814 | 2023-2024 | General Assembly | Introduced

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Bill Title: Establishes state procurement goals for New York state products throughout state agencies and private entities performing state contracts; provides that every year after enactment, a certain percentage of products purchased by state agencies will be New York state products, with such percentage threshold increasing each year up until five years.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-01-03 - referred to governmental operations [A02814 Detail]

Download: New_York-2023-A02814-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                          2814

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                    January 27, 2023
                                       ___________

        Introduced  by M. of A. JONES -- read once and referred to the Committee
          on Governmental Operations

        AN ACT to amend the state finance law, in relation to establishing state
          procurement goals for New York state products throughout  state  agen-
          cies and private entities performing state contracts

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:

     1    Section 1. The state finance law is amended by adding  a  new  section
     2  163-c to read as follows:
     3    §  163-c. Procurement goals for New York state products in state agen-
     4  cies. 1. For the purposes of this section,  the  following  terms  shall
     5  have the following meanings:
     6    (a)  "State  agency"  shall mean any department, agency, board, public
     7  benefit corporation, public authority or commission.
     8    (b) "New York state product" shall mean  an  item  that  is  at  least
     9  fifty-one percent manufactured or produced in any way in this state.
    10    2.  (a)  In  order  to  create, strengthen, and expand local economies
    11  throughout New York, it shall be the goal of this state  that  in    the
    12  first  and   second   full year   after   the   effective   date of this
    13  section, at least fifteen percent of all products purchased by  a  state
    14  agency  shall  be  New York state products; in the third full year after
    15  the effective date of this section,  at  least  twenty  percent  of  all
    16  products  purchased  by a state agency shall be New York state products;
    17  and in the fourth full year after the effective date of this section and
    18  thereafter, at least twenty-five percent of all products purchased by  a
    19  state agency shall be New York state products.
    20    (b)  To  meet the goals set forth in this section, when a state agency
    21  contract for the purchase of products is to be  awarded  to  the  lowest
    22  responsible  bidder,  an otherwise qualified bidder who will fulfill the
    23  contract through the use of New York state products may be given prefer-
    24  ence over other bidders, provided that the cost included in the  bid  of

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04939-01-3
        A. 2814                             2

     1  New  York  state  products is not more than ten percent greater than the
     2  cost included in a bid that is not for New York state products.
     3    3.  (a)  The provisions of this section shall not apply if the head of
     4  the contracting state agency purchasing products, in  his  or  her  sole
     5  discretion, determines that:
     6    (i)  purchasing  New York state products pursuant to the provisions of
     7  this section would be against the public interest;
     8    (ii) purchasing New York state products would increase the cost of the
     9  contract by an unreasonable amount;
    10    (iii) New York state products cannot be  obtained  in  sufficient  and
    11  reasonable  available quantities and of satisfactory quality to meet the
    12  contracting state agency's requirements; or
    13    (iv) purchasing products  manufactured  or  produced  outside  of  the
    14  state,  or  in facilities inside or outside of the state comprising less
    15  than fifty-one percent of materials produced in the state, is  necessary
    16  to avoid a delay in the delivery of products.
    17    (b)  For private entities performing state contracts, the state agency
    18  overseeing the performance of such contract shall promulgate  rules  and
    19  regulations  to  allow  for private entities to be granted a waiver from
    20  the requirements of this section if a private entity can prove  that  is
    21  not able to meet the thresholds set forth in this section.
    22    4.  Any  product procured in accordance with this section shall be for
    23  the sole use of the state of New York.
    24    § 2. This act shall take effect on the thirtieth day  after  it  shall
    25  have become a law.