S T A T E O F N E W Y O R K ________________________________________________________________________ 9521 I N A S S E M B L Y May 6, 2014 ___________ Introduced by M. of A. MORELLE, HEASTIE -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, the public authorities law, the highway law, the general municipal law, and the public buildings law, in relation to requiring the use of American made iron, steel and manufactured products in certain government contracts, 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. Title. This act shall be known as the "New York State Buy 2 American Act". 3 S 2. Section 146 of the state finance law is REPEALED and a new 4 section 146 is added to read as follows: 5 S 146. THE NEW YORK STATE BUY AMERICAN ACT. 1. USE OF AMERICAN MATERI- 6 ALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT FOR 7 THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR IMPROVEMENT OF A PUBLIC 8 BUILDING OF PUBLIC WORKS MADE BY A PUBLIC AGENCY SHALL CONTAIN A 9 PROVISION THAT THE IRON, STEEL, AND MANUFACTURED PRODUCTS USED OR 10 SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO 11 AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILDING OR PUBLIC WORKS 12 SHALL BE MANUFACTURED IN THE UNITED STATES. 13 (B) FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-THREE OF THIS CHAP- 14 TER, NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELIABLE 15 BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID OFFERED 16 BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY PARAGRAPH 17 (A) OF THIS SUBDIVISION. 18 (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT 19 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A 20 PUBLIC AGENCY FINDS: 21 (I) THAT THE APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH 22 THE PUBLIC INTEREST; EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD14829-01-4 A. 9521 2 1 (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED 2 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS- 3 FACTORY QUALITY; OR 4 (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE THE COST OF 5 THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT. 6 (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH 7 (C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN 8 OPPORTUNITY FOR PUBLIC COMMENT ON THE REQUEST AT LEAST THIRTY DAYS 9 BEFORE MAKING A FINDING BASED ON THE REQUEST. 10 (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL: 11 (I) SUMMARIZE THE INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING 12 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA- 13 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION; 14 (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF 15 THE AGENCY; AND 16 (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO- 17 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN- 18 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE (5) YEARS 19 PRIOR TO THE DATE OF NOTICE. 20 (F) IF THE EXECUTIVE ISSUES A WAIVER UNDER PARAGRAPH (C) OF THIS 21 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH IN THE SAME MANNER AS THE 22 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT: 23 (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS 24 SUBDIVISION; AND 25 (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT. 26 (G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY 27 THAT ANY PERSON INTENTIONALLY: 28 (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY 29 INSCRIPTION WITH THE SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED 30 PRODUCT USED IN PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR 31 SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR 32 (II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN 33 PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE 34 UNTIED STATES, WAS PRODUCED IN THE UNITED STATES; 35 THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON- 36 TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS 37 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THIS ARTICLE. 38 (H) THIS SECTION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE 39 STATE'S OBLIGATIONS UNDER ANY APPLICABLE INTERNATIONAL AGREEMENTS 40 PERTAINING TO GOVERNMENT PROCUREMENT. 41 2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS 42 SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE: 43 (A) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO 44 THIS SECTION; 45 (B) "PUBLIC AGENCY" MEANS A GOVERNMENTAL ENTITY AS THAT TERM IS 46 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS ARTICLE; 47 (C) "MANUFACTURED IN THE UNITED STATES" MEANS: (I) IN THE CASE OF AN 48 IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED 49 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- 50 INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL 51 ADDITIVES; AND 52 (II) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID- 53 ERED MANUFACTURED IN THE UNITED STATES IF: 54 (A) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED 55 STATES, AND A. 9521 3 1 (B) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED 2 GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS 3 SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS 4 ENTIRE COST MAY BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF 5 AN END PRODUCT. 6 (D) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES 7 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF 8 THE UNITED STATES. 9 S 3. Section 2603-a of the public authorities law is REPEALED and a 10 new section 2877-a is added to read as follows: 11 S 2877-A. THE NEW YORK STATE BUY AMERICAN ACT. 1. USE OF AMERICAN 12 MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT 13 FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION OR IMPROVEMENT OF A 14 PUBLIC BUILDING OR PUBLIC WORKS MADE BY A PUBLIC AUTHORITY SHALL CONTAIN 15 A PROVISION THAT THE IRON, STEEL, AND MANUFACTURED PRODUCTS USED OR 16 SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO 17 AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILDING OR PUBLIC WORKS 18 SHALL BE MANUFACTURED IN THE UNITED STATES. 19 (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI- 20 ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID 21 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY 22 PARAGRAPH (A) OF THIS SUBDIVISION. 23 (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT 24 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A 25 PUBLIC AGENCY FINDS: 26 (I) THAT THE APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH 27 THE PUBLIC INTEREST; 28 (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED 29 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS- 30 FACTORY QUALITY; OR 31 (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE THE COST OF 32 THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT. 33 (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH 34 (C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN 35 OPPORTUNITY FOR PUBLIC COMMENT ON THE REQUEST AT LEAST THIRTY DAYS 36 BEFORE MAKING A FINDING BASED ON THE REQUEST. 37 (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL: 38 (I) SUMMARIZE THE INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING 39 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA- 40 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION; 41 (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF 42 THE AGENCY; AND 43 (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO- 44 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN- 45 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE (5) YEARS 46 PRIOR TO THE DATE OF NOTICE. 47 (F) IF THE EXECUTIVE ISSUES A WAIVER UNDER PARAGRAPH (C) OF THIS 48 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH IN THE SAME MANNER AS THE 49 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT: 50 (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS 51 SUBDIVISION; AND 52 (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT. 53 (G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY 54 THAT ANY PERSON INTENTIONALLY: 55 (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY 56 INSCRIPTION WITH THE SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED A. 9521 4 1 PRODUCT USED IN PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR 2 SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR 3 (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN 4 PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE 5 UNITED STATES, WAS PRODUCED IN THE UNITED STATES; 6 THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON- 7 TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT AND SUSPENSION 8 PROVISIONS PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE 9 FINANCE 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 PURPOSE 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) "MANUFACTURED IN THE UNITED STATES" MEANS: (I) IN THE CASE OF AN 20 IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED 21 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- 22 INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL 23 ADDITIVES; AND 24 (II) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID- 25 ERED MANUFACTURED IN THE UNITED STATES IF: 26 (A) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED 27 STATES, AND 28 (B) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED 29 GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART, 30 A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY 31 BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT. 32 (D) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES 33 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF 34 THE UNITED STATES. 35 S 4. Section 38 of the highway law is amended by adding a new subdivi- 36 sion 10 to read as follows: 37 10. USE OF AMERICAN 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 THE UNITED STATES. 44 (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI- 45 ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID 46 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY 47 PARAGRAPH (A) OF THIS SUBDIVISION. 48 (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT 49 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A 50 PUBLIC AGENCY FINDS: 51 (I) THAT THE APPLICATION OF THIS SUBDIVISION WOULD BE INCONSISTENT 52 WITH THE PUBLIC INTEREST; 53 (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNTIED 54 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS- 55 FACTORY QUALITY; OR A. 9521 5 1 (III) THAT INCLUSION OF DOMESTIC 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 OF 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 IRON, STEEL OR MANUFACTURED 27 PRODUCT USED IN PROJECTS TO WHICH THIS SUBDIVISION APPLIES, SOLD IN OR 28 SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR 29 (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN 30 PROJECTS TO WHICH THIS SECTION APPLES THAT WAS NOT PRODUCED IN THE 31 UNITED STATES, WAS PRODUCED IN THE UNITED STATES; 32 THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON- 33 TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS 34 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE 35 LAW. 36 (H) THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE 37 STATE'S OBLIGATIONS UNDER ANY APPLICABLE INTERNATIONAL AGREEMENTS 38 PERTAINING TO GOVERNMENT PROCUREMENT. 39 (I) DEFINITIONS. FOR THE PURPOSE OF THIS SUBDIVISION, THE FOLLOWING 40 WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE: 41 (I) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO 42 THIS SUBDIVISION. 43 (II) "PUBLIC AGENCY" MEANS A GOVERNMENTAL ENTITY AS THAT TERM IS 44 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW; 45 (III) "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN 46 IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED 47 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- 48 INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL 49 ADDITIVES; AND 50 (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID- 51 ERED MANUFACTURED IN THE UNITED STATES IF: 52 (1) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED 53 STATES, AND 54 (2) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED 55 GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART, A. 9521 6 1 A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY 2 BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT. 3 (IV) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES 4 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF 5 THE UNITED STATES. 6 S 5. Section 103 of the general municipal law is amended by adding a 7 new subdivision 17 to read as follows: 8 17. USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION 9 OF LAW, EACH CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION 10 OR IMPROVEMENT OF A PUBLIC BUILDING OR PUBLIC WORKS MADE BY A PUBLIC 11 AGENCY OF A POLITICAL SUBDIVISION SHALL CONTAIN A PROVISION THAT THE 12 IRON, STEEL, AND MANUFACTURED PRODUCTS USED OR SUPPLIED IN THE PERFORM- 13 ANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO AND PERMENANTLY INCORPO- 14 RATED INTO THE PUBLIC BUILDING OR PUBLIC WORKS SHALL BE MANUFACTURED IN 15 THE UNITED STATES. 16 (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI- 17 ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID 18 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY 19 PARAGRAPH (A) OF THIS SUBDIVISION. 20 (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT 21 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A 22 PUBLIC AGENCY FINDS: 23 (I) THAT THE APPLICATION OF THIS SUBDIVISION WOULD BE INCONSISTENT 24 WITH THE PUBLIC INTEREST; 25 (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED 26 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS- 27 FACTORY QUALITY; OR 28 (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE THE COST OF 29 THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT. 30 (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH 31 (C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AN OPPOR- 32 TUNITY FOR PUBLIC COMMENT ON THE REQUEST AT LEAST THIRTY DAYS BEFORE 33 MAKING A FINDING BASED ON THE REQUEST. 34 (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL: 35 (I) SUMMARIZE THE INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING 36 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA- 37 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION; 38 (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF 39 THE AGENCY; AND 40 (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO- 41 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN- 42 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE (5) YEARS 43 PRIOR TO THE DATE OF NOTICE. 44 (F) IF THE EXECUTIVE ISSUES A WAIVER UNDER PARAGRAPH (C) OF THIS 45 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH IN THE SAME MANNER AS THE 46 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT: 47 (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS 48 SUBDIVISION; AND 49 (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT. 50 (G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY 51 THAT ANY PERSON INTENTIONALLY: 52 (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY 53 INSCRIPTION WITH THE SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED 54 PRODUCT USED IN PROJECTS TO WHICH THIS SUBDIVISION APPLIES, SOLD IN OR 55 SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR A. 9521 7 1 (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN 2 PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE 3 UNITED STATES, WAS PRODUCED IN THE UNITED STATES; 4 THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON- 5 TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS 6 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE 7 LAW. 8 (H) THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE 9 STATE'S OBLIGATIONS UNDER ANY APPLICABLE INTERNATIONAL AGREEMENTS 10 PERTAINING TO GOVERNMENT PROCUREMENT. 11 (I) DEFINITIONS. FOR THE PURPOSE OF THIS SUBDIVISION, THE FOLLOWING 12 WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE: 13 (I) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO 14 THIS SUBDIVISION; 15 (II) "PUBLIC AGENCY" MEANS A GOVERNMENTAL ENTITY AS THAT TERM IS 16 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW; 17 (III) "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN 18 IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED 19 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- 20 INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL 21 ADDITIVES; AND 22 (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID- 23 ERED MANUFACTURED IN THE UNITED STATES IF: 24 (1) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED 25 STATES, AND 26 (2) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED 27 GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART, 28 A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY 29 BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT. 30 (IV) "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES 31 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF 32 THE UNITED STATES. 33 S 6. Section 8 of the public buildings law is amended by adding a new 34 subdivision 8 to read as follows: 35 8. USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION 36 OF LAW, EACH CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION 37 OR IMPROVEMENT OF A STATE BUILDING MADE BY A PUBLIC AGENCY SHALL CONTAIN 38 A PROVISION THAT THE IRON, STEEL, AND MANUFACTURED PRODUCTS USED OR 39 SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OF ANY SUBCONTRACT THERETO 40 AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILDING OR PUBLIC WORKS 41 SHALL BE MANUFACTURED IN THE UNITED STATES. 42 (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELI- 43 ABLE BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID 44 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY 45 PARAGRAPH (A) OF THIS SUBDIVISION. 46 (C) THE PROVISIONS OF PARAGRAPH (A) OF THIS SUBDIVISION SHALL NOT 47 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A 48 PUBLIC AGENCY FINDS: 49 (I) THAT THE APPLICATION OF THIS SUBDIVISION WOULD BE INCONSISTENT 50 WITH THE PUBLIC INTEREST; 51 (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED 52 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS- 53 FACTORY QUALITY; OR 54 (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE THE COST OF 55 THE OVERALL PROJECT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT. A. 9521 8 1 (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH 2 (C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN 3 OPPORTUNITY FOR PUBLIC COMMENT ON THE REQUEST AT LEAST THIRTY DAYS 4 BEFORE MAKING A FINDING BASED ON THE REQUEST. 5 (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL: 6 (I) SUMMARIZE THE INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING 7 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER SUBPARA- 8 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION; 9 (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF 10 THE AGENCY; AND 11 (III) BE PROVIDED BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO- 12 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN- 13 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE (5) YEARS 14 PRIOR TO THE DATE OF NOTICE. 15 (F) IF THE EXECUTIVE ISSUES A WAIVER UNDER PARAGRAPH (C) OF THIS 16 SUBDIVISION, THE EXECUTIVE SHALL PUBLISH IN THE SAME MANNER AS THE 17 ORIGINAL NOTICE A DETAILED JUSTIFICATION OF THE WAIVER THAT: 18 (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS 19 SUBDIVISION; AND 20 (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT. 21 (G) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY 22 THAT ANY PERSON INTENTIONALLY: 23 (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY 24 INSCRIPTION WITH THE SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED 25 PRODUCT USED IN PROJECTS TO WHICH THIS SUBDIVISION APPLIES, SOLD IN OR 26 SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR 27 (II) REPRESENTED THAT ANY IRON, STEEL, OR MANUFACTURED PRODUCT USED IN 28 PROJECTS TO WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED IN THE 29 UNITED STATES, WAS PRODUCED IN THE UNITED STATES; 30 THEN THAT PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT OR SUBCON- 31 TRACT WITH THIS STATE PURSUANT TO THE DEBARMENT OR SUSPENSION PROVISIONS 32 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE 33 LAW. 34 (H) THIS SUBDIVISION SHALL BE APPLIED IN A MANNER CONSISTENT WITH THE 35 STATE'S OBLIGATIONS UNDER ANY APPLICABLE INTERNATIONAL AGREEMENTS 36 PERTAINING TO GOVERNMENT PROCUREMENT. 37 (I) DEFINITIONS. FOR THE PURPOSE OF THIS SUBDIVISION, THE FOLLOWING 38 WORDS SHALL HAVE THE FOLLOWING MEANINGS UNLESS OTHERWISE SPECIFIED: 39 (I) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO 40 THIS SUBDIVISION; 41 (II) "PUBLIC AGENCY" MEANS A GOVERNMENTAL ENTITY AS THAT TERM IS 42 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW; 43 (III) "MANUFACTURED IN THE UNITED STATES" MEANS: (A) IN THE CASE OF AN 44 IRON OR STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE IN THE UNITED 45 STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLICATION OF COAT- 46 INGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL 47 ADDITIVES; AND 48 (B) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID- 49 ERED MANUFACTURED IN THE UNITED STATES IF: 50 (1) ALL OF ITS MANUFACTURING PROCESSES TAKE PLACE IN THE UNITED 51 STATES, AND 52 (2) MORE THAN SIXTY PERCENT OF THE COMPONENTS OF THE MANUFACTURED 53 GOOD, BY COST, ARE OF DOMESTIC ORIGIN. IF, UNDER THE TERMS OF THIS PART, 54 A COMPONENT IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS ENTIRE COST MAY 55 BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF AN END PRODUCT. A. 9521 9 1 (IV) "UNITED STATES" MEANS THE UNITES STATES OF AMERICA AND INCLUDES 2 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE JURISDICTION OF 3 THE UNITED STATES. 4 S 7. Severability. If any provisions of this act, or the application 5 thereof to any person or circumstance, is held invalid, such invalidity 6 shall not affect other provisions or applications of this act which can 7 be given effect without the invalid provisions or application, and to 8 that extent, the provisions of this act are declared to be severable. 9 S 8. This act shall take effect immediately.