Bill Text: NY A05510 | 2017-2018 | General Assembly | Introduced
Bill Title: Relates to requiring state agencies to give preference to New York companies when contracting for goods and services; relates to requiring the use of New York made iron, steel and manufactured products in certain government contracts; relates to creating a tax credit for New York state businesses that source materials and supplies manufactured by other New York state businesses.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-03 - referred to governmental operations [A05510 Detail]
Download: New_York-2017-A05510-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5510 2017-2018 Regular Sessions IN ASSEMBLY February 9, 2017 ___________ Introduced by M. of A. BRINDISI -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the state finance law, in relation to requiring state agencies to give preference to food products, commodities, and services from New York state; to amend the state finance law, public authorities law, the highway law, the general municipal law, and the public buildings law, in relation to requiring the use of New York made iron, steel and manufactured products in certain government contracts; to amend the tax law in relation to creating a tax credit for New York state businesses that source materials and supplies manu- factured by other New York state businesses; and to repeal certain provisions of the public authorities law and the state finance law relating thereto 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 as the "Buy New York 2 Act". 3 § 2. Paragraph a of subdivision 4 of section 165 of the state finance 4 law, as amended by chapter 533 of the laws of 2013, is amended to read 5 as follows: 6 a. Except as otherwise provided in this subdivision, when letting 7 contracts for the purchase of food products on behalf of facilities and 8 institutions of the state, solicitation specifications of the office of 9 general services and any other agency, department, office, board or 10 commission [may] shall require provisions that mandate that all or some 11 of the required food products are grown, produced or harvested in New 12 York state, or that any processing of such food products take place in 13 facilities located within New York state, provided that such contracts 14 for food products are priced competitively. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06591-01-7A. 5510 2 1 § 3. Subparagraph (ii) of paragraph a of subdivision 3 of section 163 2 of the state finance law, as added by chapter 83 of the laws of 1995, is 3 amended to read as follows: 4 (ii) Commodities contracts shall be awarded on the basis of lowest 5 price to a responsive and responsible offerer, with preference given to 6 commodity contracts from New York companies, if such contracts are 7 priced competitively; or, in the case of multiple awards, in accordance 8 with paragraph c of subdivision ten of this section. 9 § 4. Paragraph d of subdivision 4 of section 163 of the state finance 10 law, as added by chapter 83 of the laws of 1995, is amended to read as 11 follows: 12 d. Service contracts shall be awarded on the basis of best value to a 13 responsive and responsible offerer, with preference given to service 14 contracts from New York companies, if such contracts are priced competi- 15 tively; or, in the case of multiple awards, in accordance with paragraph 16 c of subdivision ten of this section. 17 § 5. Section 146 of the state finance law is REPEALED and a new 18 section 146 is added to read as follows: 19 § 146. New York materials. 1. Use of New York materials. (a) Notwith- 20 standing any other provision of law, each contract for the construction, 21 reconstruction, alteration or improvement of a public building of public 22 works made by a public agency shall contain a provision that the iron, 23 steel, and manufactured products used or supplied in the performance of 24 the contract or any subcontract thereto and permanently incorporated 25 into the public building or public works shall be manufactured in New 26 York, provided such contract is priced competitively. 27 (b) For the purposes of section one hundred sixty-three of this chap- 28 ter, no bidder shall be deemed to be the lowest responsible and reliable 29 bidder and no bid shall be deemed the best value unless the bid offered 30 by such bidder will comply with the contract term required by paragraph 31 (a) of this subdivision. 32 (c) The provisions of paragraph (a) of this subdivision shall not 33 apply in any case or category of cases in which the executive head of a 34 public agency finds: 35 (i) that the application of this section would be inconsistent with 36 the public interest; 37 (ii) that such materials and products are not produced in New York in 38 sufficient and reasonably available quantities and of a satisfactory 39 quality; or 40 (iii) that inclusion of New York material will increase the cost of 41 the overall project contract by more than twenty-five percent. 42 (d) If the executive receives a request for a waiver under paragraph 43 (c) of this subdivision, the executive shall provide notice of and an 44 opportunity for public comment on the request at least thirty days 45 before making a finding based on the request. 46 (e) A notice provided under paragraph (d) of this subdivision shall: 47 (i) summarize the information available to the executive concerning 48 the request, including whether the request is being made under subpara- 49 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 50 (ii) be posted prominently on the official public internet web site of 51 the agency; and 52 (iii) be provided by electronic means to any person, firm or corpo- 53 ration that has made a written or electronic request to the public agen- 54 cy for notice of waiver actions by the executive within five (5) years 55 prior to the date of notice.A. 5510 3 1 (f) If the executive issues a waiver under paragraph (c) of this 2 subdivision, the executive shall publish in the same manner as the 3 original notice a detailed justification for the waiver that: 4 (i) addresses the public comments received under paragraph (d) of this 5 subdivision; and 6 (ii) is published before the waiver takes effect. 7 (g) If it has been determined by a court or federal or state agency 8 that any person intentionally: 9 (i) affixed a label bearing a "Made in New York" inscription, or any 10 inscription with the same meaning, to any iron, steel or manufactured 11 product used in projects to which this section applies, sold in or 12 shipped to New York that was not made in New York; or 13 (ii) represented that any iron, steel or manufactured product used in 14 projects to which this section applies that was not produced in New York 15 , was produced in New York; then that person shall be ineligible to 16 receive any contract or subcontract with this state pursuant to the 17 debarment or suspension provisions provided under section one hundred 18 thirty-nine-a of this article. 19 (h) This section shall be applied in a manner consistent with the 20 state's obligations under any applicable international agreements 21 pertaining to government procurement. 22 2. Definitions. For the purposes of this section, the following words 23 shall have the following meanings unless specified otherwise: 24 (a) "Executive" means the executive head of a public agency subject to 25 this section; 26 (b) "Public agency" means a governmental entity as that term is 27 defined in section one hundred thirty-nine-j of this article; 28 (c) "Manufactured in New York" means: (i) in the case of an iron or 29 steel product all manufacturing must take place in New York, from the 30 initial melting stage through the application of coatings, except metal- 31 lurgical processes involving the refinement of steel additives; and 32 (ii) in the case of a manufactured product, a product will be consid- 33 ered manufactured in New York if: 34 (A) all of its manufacturing processes take place in New York, and 35 (B) more than sixty percent of the components of the manufactured 36 good, by cost, are of New York origin. If, under the terms of this 37 subparagraph, a component is determined to be of New York origin, its 38 entire cost may be used in calculating the cost of New York content of 39 an end product. 40 (d) "New York" means the state of New York and includes all territory 41 subject to the jurisdiction of New York state. 42 § 6. Section 2603-a of the public authorities law is REPEALED and a 43 new section 2877-a is added to read as follows: 44 § 2877-a. New York materials. 1. Use of New York materials. (a) 45 Notwithstanding any other provision of law, each contract for the 46 construction, reconstruction, alteration or improvement of a public 47 building of public works made by a public agency shall contain a 48 provision that the iron, steel, and manufactured products used or 49 supplied in the performance of the contract or any subcontract thereto 50 and permanently incorporated into the public building or public works 51 shall be manufactured in New York, provided such contract is priced 52 competitively. 53 (b) For the purposes of section one hundred sixty-three of this chap- 54 ter, no bidder shall be deemed to be the lowest responsible and reliable 55 bidder and no bid shall be deemed the best value unless the bid offeredA. 5510 4 1 by such bidder will comply with the contract term required by paragraph 2 (a) of this subdivision. 3 (c) The provisions of paragraph (a) of this subdivision shall not 4 apply in any case or category of cases in which the executive head of a 5 public agency finds: 6 (i) that the application of this section would be inconsistent with 7 the public interest; 8 (ii) that such materials and products are not produced in New York in 9 sufficient and reasonably available quantities and of a satisfactory 10 quality; or 11 (iii) that inclusion of New York material will increase the cost of 12 the overall project contract by more than twenty-five percent. 13 (d) If the executive receives a request for a waiver under paragraph 14 (c) of this subdivision, the executive shall provide notice of and an 15 opportunity for public comment on the request at least thirty days 16 before making a finding based on the request. 17 (e) A notice provided under paragraph (d) of this subdivision shall: 18 (i) summarize the information available to the executive concerning 19 the request, including whether the request is being made under subpara- 20 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 21 (ii) be posted prominently on the official public internet web site of 22 the agency; and 23 (iii) be provided by electronic means to any person, firm or corpo- 24 ration that has made a written or electronic request to the public agen- 25 cy for notice of waiver actions by the executive within five (5) years 26 prior to the date of notice. 27 (f) If the executive issues a waiver under paragraph (c) of this 28 subdivision, the executive shall publish in the same manner as the 29 original notice a detailed justification for the waiver that: 30 (i) addresses the public comments received under paragraph (d) of this 31 subdivision; and 32 (ii) is published before the waiver takes effect. 33 (g) If it has been determined by a court or federal or state agency 34 that any person intentionally: 35 (i) affixed a label bearing a "Made in New York" inscription, or any 36 inscription with the same meaning, to any iron, steel or manufactured 37 product used in projects to which this section applies, sold in or 38 shipped to New York that was not made in New York; or 39 (ii) represented that any iron, steel or manufactured product used in 40 projects to which this section applies that was not produced in New 41 York, was produced in New York; then that person shall be ineligible to 42 receive any contract or subcontract with this state pursuant to the 43 debarment or suspension provisions provided under section one hundred 44 thirty-nine-a of the state finance law. 45 (h) This section shall be applied in a manner consistent with the 46 state's obligations under any applicable international agreements 47 pertaining to government procurement. 48 2. Definitions. For the purposes of this section, the following words 49 shall have the following meanings unless specified otherwise: 50 (a) "Executive" means the executive head of a public agency subject to 51 this section; 52 (b) "Public agency" means a governmental entity as that term is 53 defined in section one hundred thirty-nine-j of the state finance law; 54 (c) "Manufactured in New York" means: (i) in the case of an iron or 55 steel product all manufacturing must take place in New York, from theA. 5510 5 1 initial melting stage through the application of coatings, except metal- 2 lurgical processes involving the refinement of steel additives; and 3 (ii) in the case of a manufactured product, a product will be consid- 4 ered manufactured in New York if: 5 (A) all of its manufacturing processes take place in New York, and 6 (B) more than sixty percent of the components of the manufactured 7 good, by cost, are of New York origin. If, under the terms of this 8 subparagraph, a component is determined to be of New York origin, its 9 entire cost may be used in calculating the cost of New York content of 10 an end product. 11 (d) "New York" means the state of New York and includes all territory 12 subject to the jurisdiction of New York state. 13 § 7. Section 38 of the highway law is amended by adding a new subdivi- 14 sion 10 to read as follows: 15 10. Use of New York materials. (a) Notwithstanding any other provision 16 of law, each contract for the construction, reconstruction, alteration 17 or improvement of a highway or other public works made by a public agen- 18 cy shall contain a provision that the iron, steel, and manufactured 19 products used or supplied in the performance of the contract or any 20 subcontract thereto and permanently incorporated into the public build- 21 ing or public works shall be manufactured in New York, provided that 22 such contracts are priced competitively. 23 (b) No bidder shall be deemed to be the lowest responsible and reli- 24 able bidder and no bid shall be deemed the best value unless the bid 25 offered by such bidder will comply with the contract term required by 26 paragraph (a) of this subdivision. 27 (c) The provisions of paragraph (a) of this subdivision shall not 28 apply in any case or category of cases in which the executive head of a 29 public agency finds: 30 (i) that the application of this subdivision would be inconsistent 31 with the public interest; 32 (ii) that such materials and products are not produced in New York in 33 sufficient and reasonably available quantities and of a satisfactory 34 quality; or 35 (iii) that inclusion of New York material will increase the cost of 36 the overall project contract by more than twenty-five percent. 37 (d) If the executive receives a request for a waiver under paragraph 38 (c) of this subdivision, the executive shall provide notice of and an 39 opportunity for public comment on the request of at least thirty days 40 before making a finding based on the request. 41 (e) A notice provided under paragraph (d) of this subdivision shall: 42 (i) summarize the information available to the executive concerning 43 the request, including whether the request is being made under subpara- 44 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 45 (ii) be posted prominently on the official public internet web site of 46 the agency; and 47 (iii) be provided by electronic means to any person, firm or corpo- 48 ration that has made a written or electronic request to the public agen- 49 cy for notice of waiver actions by the executive within five (5) years 50 prior to the date of notice. 51 (f) If the executive issues a waiver under paragraph (c) of this 52 subdivision, the executive shall publish in the same manner as the 53 original notice a detailed justification for the waiver that: 54 (i) addresses the public comments received under paragraph (d) of this 55 subdivision; and 56 (ii) is published before the waiver takes effect.A. 5510 6 1 (g) If it has been determined by a court or federal or state agency 2 that any person intentionally: 3 (i) affixed a label bearing a "Made in New York" inscription, or any 4 inscription with the same meaning, to any iron, steel or manufactured 5 product used in projects to which this subdivision applies, sold in or 6 shipped to New York that was not made in New York; or 7 (ii) represented that any iron, steel, or manufactured product used in 8 projects to which this section applies that was not produced in New 9 York, was produced in New York; then that person shall be ineligible to 10 receive any contract or subcontract with this state pursuant to the 11 debarment or suspension provisions provided under section one hundred 12 thirty-nine-a of the state finance law. 13 (h) This subdivision shall be applied in a manner consistent with the 14 state's obligations under any applicable international agreements 15 pertaining to government procurement. 16 (i) Definitions. For the purpose of this subdivision, the following 17 words shall have the following meanings unless specified otherwise: 18 (i) "Executive" means the executive head of a public agency subject to 19 this subdivision; 20 (ii) "Public agency" means a governmental entity as that term is 21 defined in section one hundred thirty-nine-j of the state finance law; 22 (iii) "Manufactured in New York" means: (A) in the case of an iron or 23 steel product all manufacturing must take place in New York, from the 24 initial melting stage through the application of coatings, except metal- 25 lurgical processes involving the refinement of steel additives; and 26 (B) in the case of a manufactured product, a product will be consid- 27 ered manufactured in New York if: 28 (1) all of its manufacturing processes take place in New York, and 29 (2) more than sixty percent of the components of the manufactured 30 good, by cost, are of New York origin. If, under the terms of this part, 31 a component is determined to be of New York origin, its entire cost may 32 be used in calculating the cost of New York content of an end product. 33 (iv) "New York" means the state of New York and includes all territory 34 subject to the jurisdiction of New York state. 35 § 8. Section 103 of the general municipal law is amended by adding a 36 new subdivision 17 to read as follows: 37 17. Use of New York materials. (a) Notwithstanding any other provision 38 of law, each contract for the construction, reconstruction, alteration 39 or improvement of a highway or other public works made by a public agen- 40 cy shall contain a provision that the iron, steel, and manufactured 41 products used or supplied in the performance of the contract or any 42 subcontract thereto and permanently incorporated into the public build- 43 ing or public works shall be manufactured in New York, provided that 44 such contracts are priced competitively. 45 (b) No bidder shall be deemed to be the lowest responsible and reli- 46 able bidder and no bid shall be deemed the best value unless the bid 47 offered by such bidder will comply with the contract term required by 48 paragraph (a) of this subdivision. 49 (c) The provisions of paragraph (a) of this subdivision shall not 50 apply in any case or category of cases in which the executive head of a 51 public agency finds: 52 (i) that the application of this subdivision would be inconsistent 53 with the public interest; 54 (ii) that such materials and products are not produced in New York in 55 sufficient and reasonably available quantities and of a satisfactory 56 quality; orA. 5510 7 1 (iii) that inclusion of New York material will increase the cost of 2 the overall project 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 of 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 (5) years 16 prior 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 New York" inscription, or any 26 inscription with the same meaning, to any iron, steel or manufactured 27 product used in projects to which this subdivision applies, sold in or 28 shipped to New York that was not made in New York; or 29 (ii) represented that any iron, steel, or manufactured product used in 30 projects to which this section applies that was not produced in New 31 York, was produced in New York; then that person shall be ineligible to 32 receive any contract or subcontract with this state pursuant to the 33 debarment or suspension provisions provided under section one hundred 34 thirty-nine-a of the state finance law. 35 (h) This subdivision shall be applied in a manner consistent with the 36 state's obligations under any applicable international agreements 37 pertaining to government procurement. 38 (i) Definitions. For the purpose of this subdivision, the following 39 words shall have the following meanings unless specified otherwise: 40 (i) "Executive" means the executive head of a public agency subject to 41 this subdivision; 42 (ii) "Public agency" means a governmental entity as that term is 43 defined in section one hundred thirty-nine-j of the state finance law; 44 (iii) "Manufactured in New York" means: (A) in the case of an iron or 45 steel product all manufacturing must take place in New York, from the 46 initial melting stage through the application of coatings, except metal- 47 lurgical processes involving the refinement of steel additives; and 48 (B) in the case of a manufactured product, a product will be consid- 49 ered manufactured in New York if: 50 (1) all of its manufacturing processes take place in New York, and 51 (2) more than sixty percent of the components of the manufactured 52 good, by cost, are of New York origin. If, under the terms of this part, 53 a component is determined to be of New York origin, its entire cost may 54 be used in calculating the cost of New York content of an end product. 55 (iv) "New York" means the state of New York and includes all territory 56 subject to the jurisdiction of New York state.A. 5510 8 1 § 9. Section 8 of the public buildings law is amended by adding a new 2 subdivision 8 to read as follows: 3 8. Use of New York materials. (a) Notwithstanding any other provision 4 of law, each contract for the construction, reconstruction, alteration 5 or improvement of a highway or other public works made by a public agen- 6 cy shall contain a provision that the iron, steel, and manufactured 7 products used or supplied in the performance of the contract or any 8 subcontract thereto and permanently incorporated into the public build- 9 ing or public works shall be manufactured in New York, provided that 10 such contracts are priced competitively. 11 (b) No bidder shall be deemed to be the lowest responsible and reli- 12 able bidder and no bid shall be deemed the best value unless the bid 13 offered by such bidder will comply with the contract term required by 14 paragraph (a) of this subdivision. 15 (c) The provisions of paragraph (a) of this subdivision shall not 16 apply in any case or category of cases in which the executive head of a 17 public agency finds: 18 (i) that the application of this subdivision would be inconsistent 19 with the public interest; 20 (ii) that such materials and products are not produced in New York in 21 sufficient and reasonably available quantities and of a satisfactory 22 quality; or 23 (iii) that inclusion of New York material will increase the cost of 24 the overall project contract by more than twenty-five percent. 25 (d) If the executive receives a request for a waiver under paragraph 26 (c) of this subdivision, the executive shall provide notice of and an 27 opportunity for public comment on the request of at least thirty days 28 before making a finding based on the request. 29 (e) A notice provided under paragraph (d) of this subdivision shall: 30 (i) summarize the information available to the executive concerning 31 the request, including whether the request is being made under subpara- 32 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 33 (ii) be posted prominently on the official public internet web site of 34 the agency; and 35 (iii) be provided by electronic means to any person, firm or corpo- 36 ration that has made a written or electronic request to the public agen- 37 cy for notice of waiver actions by the executive within five (5) years 38 prior to the date of notice. 39 (f) If the executive issues a waiver under paragraph (c) of this 40 subdivision, the executive shall publish in the same manner as the 41 original notice a detailed justification for the waiver that: 42 (i) addresses the public comments received under paragraph (d) of this 43 subdivision; and 44 (ii) is published before the waiver takes effect. 45 (g) If it has been determined by a court or federal or state agency 46 that any person intentionally: 47 (i) affixed a label bearing a "Made in New York" inscription, or any 48 inscription with the same meaning, to any iron, steel or manufactured 49 product used in projects to which this subdivision applies, sold in or 50 shipped to New York that was not made in New York; or 51 (ii) represented that any iron, steel, or manufactured product used in 52 projects to which this section applies that was not produced in New 53 York, was produced in New York; then that person shall be ineligible to 54 receive any contract or subcontract with this state pursuant to the 55 debarment or suspension provisions provided under section one hundred 56 thirty-nine-a of the state finance law.A. 5510 9 1 (h) This subdivision shall be applied in a manner consistent with the 2 state's obligations under any applicable international agreements 3 pertaining to government procurement. 4 (i) Definitions. For the purpose of this subdivision, the following 5 words shall have the following meanings unless specified otherwise: 6 (i) "Executive" means the executive head of a public agency subject to 7 this subdivision; 8 (ii) "Public agency" means a governmental entity as that term is 9 defined in section one hundred thirty-nine-j of the state finance law; 10 (iii) "Manufactured in New York" means: (A) in the case of an iron or 11 steel product all manufacturing must take place in New York, from the 12 initial melting stage through the application of coatings, except metal- 13 lurgical processes involving the refinement of steel additives; and 14 (B) in the case of a manufactured product, a product will be consid- 15 ered manufactured in New York if: 16 (1) all of its manufacturing processes take place in New York, and 17 (2) more than sixty percent of the components of the manufactured 18 good, by cost, are of New York origin. If, under the terms of this part, 19 a component is determined to be of New York origin, its entire cost may 20 be used in calculating the cost of New York content of an end product. 21 (iv) "New York" means the state of New York and includes all territory 22 subject to the jurisdiction of New York state. 23 § 10. Section 210-B of the tax law is amended by adding a new subdivi- 24 sion 49 to read as follows: 25 49. Qualified products local sourcing credit. (a) Businesses subject 26 to tax liability under article nine or nine-A of this chapter, purchas- 27 ing qualified products may claim the qualified products local sourcing 28 tax credit against any such liability at the close of the tax year 29 provided, however, that the unused portion of any tax credit claimed 30 shall not be carried forward and applied in another tax year. 31 (b) For the purposes of this section the following terms shall have 32 the following meanings: 33 (1) "qualified products" shall mean any materials, components, or 34 supplies whether used in the manufacturing process or otherwise that are 35 produced in New York state by a New York state business; 36 (2) "producer" is an individual (whether acting individually or 37 through a cooperative, corporation, partnership, business association, 38 or educational institution) who is a business or manufacturer of goods 39 in New York state, it shall not however include a wholesaler or distrib- 40 utor; 41 (3) "purchaser" is an individual (whether acting individually or 42 through a cooperative, corporation, partnership, business association, 43 or educational institution) who is a business or manufacturer of goods 44 in New York state, it shall not however include a wholesaler or distrib- 45 utor; 46 (4) "net sales" are the total sales of the business subject to tax. 47 (c) The amount of the credit shall be prescribed according to the 48 following schedule: 49 (1) twenty percent of net sales are attributed to qualified products 50 the credit shall be one thousand five hundred dollars. 51 (2) forty percent of net sales are attributed to qualified products 52 the credit shall be three thousand dollars. 53 (3) sixty percent of net sales are attributed to qualified products 54 the credit shall be six thousand dollars. 55 (4) eighty percent of net sales are attributed to qualified products 56 the credit shall be twelve thousand dollars.A. 5510 10 1 (5) one hundred percent of net sales are attributed to qualified 2 products the credit shall be twenty-five thousand dollars. 3 (d) (1) Businesses claiming the qualified products local sourcing 4 credit shall submit a computer-generated report with tax returns that 5 claim a tax credit. 6 (2) Such report shall include the name of the producer and the phys- 7 ical place of the business where the products are produced. 8 (3) The amount paid by the purchaser to the producer and the amount of 9 units purchased. 10 § 11. Severability. If any provisions of this act, or the application 11 thereof to any person or circumstance, is held invalid, such invalidity 12 shall not affect other provisions or applications of this act which can 13 be given effect without the invalid provisions or application, and to 14 that extent, the provisions of this act are declared to be severable. 15 § 12. This act shall take effect immediately, provided, however, that 16 the amendments to subparagraph (ii) of paragraph a of subdivision 3 and 17 paragraph d of subdivision 4 of section 163 of the state finance law 18 made by sections three and four of this act shall not affect the repeal 19 of such subparagraph and paragraph and shall be deemed repealed there- 20 with.