Bill Text: NY A08427 | 2017-2018 | General Assembly | Amended
Bill Title: Enacts the "New York Buy American act"; provides that all contracts over one million dollars in value and made and awarded by any department or agency of the state for the construction, reconstruction, alteration, repair, maintenance or improvement of any roads or bridges shall contain a provision that the iron, steel and concrete used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into such road or bridge, shall be produced or made in whole or substantial part in the United States, its territories or possessions; enacts provisions relating to a working group between NYS and Canada.
Spectrum: Strong Partisan Bill (Democrat 46-4)
Status: (Passed) 2017-12-15 - signed chap.451 [A08427 Detail]
Download: New_York-2017-A08427-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 8427--A 2017-2018 Regular Sessions IN ASSEMBLY June 15, 2017 ___________ Introduced by M. of A. MORELLE, BRAUNSTEIN, GOTTFRIED, ENGLEBRIGHT, BRINDISI, MOSLEY, STIRPE, SKOUFIS, ARROYO, JAFFEE, CYMBROWITZ, TITONE, MAYER, ROZIC, ZEBROWSKI, CUSICK, GALEF, GUNTHER, LUPARDO, MAGNARELLI, OTIS, PERRY, SANTABARBARA, BRONSON, MOYA, QUART, FARRELL, ABBATE, BARRETT, STECK, HOOPER, FAHY, LIFTON, KEARNS, RYAN, JOYNER, ABINANTI, ROSENTHAL, BLAKE -- Multi-Sponsored by -- M. of A. BARNWELL, COOK, GRAF, LUPINACCI, MAGEE, McDONOUGH, MONTESANO, RAIA, RAMOS, RIVERA, SIMON, THIELE -- read once and referred to the Committee on Govern- mental Operations -- reference changed to the Committee on Ways and Means -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law and the public authorities law, in relation to enacting the "New York Buy American Act"; and providing for the repeal of such provisions upon expiration thereof 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 Buy American Act". 3 § 2. Section 146 of the state finance law, as added by chapter 1014 of 4 the laws of 1981, is amended to read as follows: 5 § 146. Certain construction contracts involving steel. 1. Notwith- 6 standing any other provisions of law, all contracts over one hundred 7 thousand dollars in value made and awarded by any department or agency 8 of the state for the construction, reconstruction, alteration, repair, 9 maintenance or improvement of any public works shall require that struc- 10 tural steel, reinforcing steel and/or other major steel items to be 11 incorporated in the work of the contract shall be produced or made in 12 whole or substantial part in the United States, its territories or 13 possessions. 14 2. Notwithstanding the provisions of subdivision one of this section, 15 all contracts over one million dollars in value and made and awarded by EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13106-10-7A. 8427--A 2 1 the department of transportation, the office of general services, and 2 the state university of New York construction fund for the construction, 3 reconstruction, alteration, repair, maintenance or improvement of any 4 surface roads or bridges, shall contain a provision that the structural 5 iron and structural steel used or supplied in the performance of the 6 contract or any subcontract thereto and permanently incorporated into 7 such surface road or bridge, shall be produced or made in whole or 8 substantial part in the United States, its territories or possessions. 9 In the case of a structural iron or structural steel product all manu- 10 facturing must take place in the United States, from the initial melting 11 stage through the application of coatings, except metallurgical proc- 12 esses involving the refinement of steel additives. For the purposes of 13 this section, "permanently incorporated" shall mean an iron or steel 14 product that is required to remain in place at the end of the project 15 contract, in a fixed location, affixed to the public work to which it 16 was incorporated. Iron and steel products that are capable of being 17 moved from one location to another are not permanently incorporated into 18 a public work. 19 3. The provisions of this section shall not apply if the head of the 20 department or agency constructing the public works, in his or her sole 21 discretion, determines that such provisions would not be in the public 22 interest, would result in unreasonable costs or that such iron or steel, 23 including without limitation structural iron and structural steel, 24 cannot be produced or made in the United States in sufficient and 25 reasonably available quantities and of satisfactory quality[.], or would 26 result in the loss or reduction of federal funding for the subject 27 contract or the ability to obtain such federal funding would be limited 28 or jeopardized by compliance with this section; or there is an immedi- 29 ate or emergency need existing for the structural steel or structural 30 iron; or the structural steel or structural iron is not manufactured in 31 the United States in sufficient and reasonably available quantities or 32 of satisfactory quality or design to meet the department's or agency's 33 requirements; or obtaining such steel or iron in the United States would 34 increase the cost of the contract by an unreasonable amount; or such 35 steel or iron is necessary for the operation of or repairs of critical 36 infrastructure that is necessary to avoid a delay in the delivery of 37 critical services that could compromise the public welfare; or a recip- 38 rocal trade agreement or treaty has been negotiated by the state or by 39 the United States government on behalf of or including this state with a 40 foreign nation or government for nondiscriminatory governmental procure- 41 ment practices or policies with such foreign nation or government. 42 4. Nothing in this section is intended to contravene any existing 43 treaties, laws, trade agreements, or regulations of the United States or 44 subsequent trade agreements entered into between any foreign countries 45 and the state or the United States. 46 5. Any agency subject to the provisions of this section shall be 47 authorized to establish rules and regulations for the effective adminis- 48 tration of this section, provided however, nothing in this section shall 49 be interpreted to require a contractor to certify that the structural 50 iron or structural steel used in a road or bridge pursuant to this 51 section is made in whole or in substantial part in the United States. 52 § 3. Section 2603-a of the public authorities law, as added by chapter 53 441 of the laws of 1983, is amended to read as follows: 54 § 2603-a. Letting of certain contracts involving steel products. 1. 55 Notwithstanding any other provision of law, all public authorities shall 56 award contracts involving steel products as follows:A. 8427--A 3 1 a. All purchase contracts for supplies, material or equipment involv- 2 ing an estimated expenditure in excess of fifty thousand dollars shall 3 require with respect to materials, supplies and equipment made of, 4 fabricated from, or containing steel components, that such steel compo- 5 nents be produced or made in whole or substantial part in the United 6 States, its territories or possessions. The provisions of this paragraph 7 shall not apply to motor vehicles and automobile equipment assembled in 8 Canada in conformity with the United States-Canadian trade agreements 9 known as the "Automotive Products Trade Act of 1965" or any amendments 10 thereto. 11 b. All contracts in excess of one hundred thousand dollars for the 12 construction, reconstruction, alteration, repair, maintenance or 13 improvement of public works shall require that all structural steel, 14 reinforcing steel or other major steel items to be incorporated in the 15 work of the contract shall be produced or made in whole or substantial 16 part in the United States, its territories or possessions. 17 2. Notwithstanding the provisions of subdivision one of this section, 18 all contracts over one million dollars in value made and awarded by the 19 dormitory authority, the metropolitan transportation authority, the 20 bridge authority or the thruway authority, on its account or for the 21 benefit of a state agency or authority, for the construction, recon- 22 struction, alteration, repair, maintenance or improvement of any road or 23 bridge, shall contain a provision that the structural iron and struc- 24 tural steel used or supplied in the performance of the contract or any 25 subcontract thereto and permanently incorporated into the surface road 26 or bridge shall be produced or made in whole or substantial part in the 27 United States, its territories or possessions. In the case of a struc- 28 tural iron or structural steel product all manufacturing must take place 29 in the United States, from the initial melting stage through the appli- 30 cation of coatings, except metallurgical processes involving the refine- 31 ment of steel additives. For purposes of this section, "permanently 32 incorporated" shall mean an iron or steel product that is required to 33 remain in place at the end of the project contract, in a fixed location, 34 affixed to the public work to which it was incorporated. Iron and steel 35 products that are capable of being moved from one location to another 36 are not permanently incorporated into a public building or public work. 37 3. The provisions of this section shall not apply if the governing 38 board or body of such public authority, in its discretion, determines 39 that such provisions would result in unreasonable costs or that such 40 iron, steel products or steel components including without limitation 41 structural iron and steel; cannot be produced or made in the United 42 States in sufficient and reasonably available quantities or of satisfac- 43 tory quality or design[.], or would result in the loss or reduction of 44 federal funding for the subject contract or the ability to obtain such 45 federal funding would be limited or jeopardized by compliance with this 46 section; or there is an immediate or emergency need existing for such 47 structural iron, structural steel products or structural steel compo- 48 nents; or such steel or iron is not manufactured in the United States in 49 sufficient and reasonably available quantities or of satisfactory quali- 50 ty or design to meet the authority's requirements; or obtaining for such 51 iron, steel products or steel components in the United States would 52 increase the cost of the contract by an unreasonable amount; or for such 53 iron, steel products or steel components is necessary for the operation 54 of or repairs of critical infrastructure that is necessary to avoid a 55 delay in the delivery of critical services that could compromise the 56 public welfare; or a reciprocal trade agreement or treaty has beenA. 8427--A 4 1 negotiated by the state or by the United States government on behalf of 2 or including this state with a foreign nation or government for nondis- 3 criminatory governmental procurement practices or policies with such 4 foreign nation or government. 5 4. Nothing in this section is intended to contravene any existing 6 treaties, laws, trade agreements, or regulations of the United States or 7 subsequent trade agreements entered into between any foreign countries 8 and the state or the United States. 9 5. Any authority subject to the provisions of this section shall be 10 authorized to establish rules and regulations for the effective adminis- 11 tration of this section, provided however, nothing in this section shall 12 be interpreted to require a contractor to certify that the iron or steel 13 used in a road or bridge pursuant to this section is made in whole or in 14 substantial part in the United States. 15 § 4. A workgroup shall be convened to evaluate reciprocal trade access 16 for any foreign state that may be significantly impacted by the imple- 17 mentation of this act to the detriment of New York state, the provisions 18 of any formal trade agreements established by the governments of the 19 United States and such foreign state, the expansion of the application 20 of this act to include other products manufactured in the United States, 21 which shall include but not be limited to concrete, cement and aluminum, 22 the certification processes for these products, and the fiscal impact of 23 such implementation and expansion of this act. Additionally, the work- 24 group shall report on the impact of this act on the capital plans of the 25 department of transportation, the metropolitan transportation authority, 26 and the thruway authority, including but not limited to any amendments 27 to such capital plans necessary as a result of this act, any change in 28 cost of projects as a result of this act, and any cost savings discerni- 29 ble due to quality improvements or maintenance reductions due to materi- 30 als used as a result of this act. The members of the workgroup shall 31 consist of seven representatives appointed by the governor, two 32 appointed by the temporary president of the senate, two appointed by the 33 speaker of the assembly, one appointed by the minority leader of the 34 senate, and one appointed by the minority leader of the assembly. The 35 workgroup shall be chaired by a designee of the governor. The chair may 36 appoint other state agencies or public authorities which may prove bene- 37 ficial to the workgroup as ad hoc members. The chair may also appoint 38 individuals and representatives of organizations other than state agen- 39 cies and public authorities to an advisory committee to advise on any 40 aspect of its functions and duties. The workgroup shall provide an 41 interim report on their findings to the governor, the temporary presi- 42 dent of the senate and the speaker of the assembly on or before January 43 1, 2019 and a final report on January 1, 2020. 44 § 5. This act shall take effect April 1, 2018 and shall apply to any 45 state contracts executed and entered into on or after such date and 46 shall exclude such contracts that have been previously awarded or have 47 pending bids or pending requests for proposals issued as of April 1, 48 2018, and shall not apply to projects that have commenced project design 49 and environmental studies prior to such date; provided, however, that 50 this act shall expire and be deemed repealed April 15, 2020.
