Bill Text: NY A10684 | 2021-2022 | 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 11-0)
Status: (Introduced - Dead) 2022-09-09 - referred to governmental operations [A10684 Detail]
Download: New_York-2021-A10684-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10684 IN ASSEMBLY September 9, 2022 ___________ Introduced by COMMITTEE ON RULES -- (at request of 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: 23 (a) "state disaster emergency" shall have the same meaning as defined 24 in paragraph b of subdivision two of section twenty of the executive 25 law, provided, however, such disasters shall be limited to those involv- 26 ing an epidemic, pandemic or similar disease outbreak. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD16240-01-2A. 10684 2 1 (b) "personal protective equipment" means all equipment worn to mini- 2 mize exposure to medical hazards, including gloves, masks, face shields, 3 eye protection, respirators, medical hair and shoe coverings, and 4 disposable gowns and aprons. 5 (c) "medical supplies" means materials necessary to respond to health 6 emergencies or pandemics, including and without limitation ventilators, 7 medical test kits, and vaccines. 8 3. The provisions of this section shall not apply if the head of the 9 department or agency purchasing the personal protective equipment or 10 medical supplies, in his or her sole discretion, determines that such 11 provisions would not be in the public interest; that obtaining such 12 personal protective equipment or medical supplies produced or made in 13 the state of New York would increase the cost of the contract by an 14 unreasonable amount; that such personal protective equipment or medical 15 supplies cannot be produced or made in the state of New York in suffi- 16 cient and reasonably available quantities and of satisfactory quality or 17 design to meet the department's or agency's requirements; or that 18 purchasing personal protective equipment or medical supplies produced or 19 manufactured outside of the state of New York is necessary to avoid a 20 delay in the delivery of critical services that could compromise the 21 public welfare. In the event a New York state source is not able to 22 supply personal protective equipment or medical supply items, any other 23 personal protective equipment or medical supply items produced or made 24 in whole or substantial part in the United States may be utilized to 25 satisfy the requirements of this subdivision. 26 4. Nothing in this section is intended to contravene any existing 27 treaties, laws, trade agreements, or regulations of the United States or 28 subsequent trade agreements entered into between any foreign countries 29 and the state or the United States. 30 5. Subject to the provisions of this section, the department of 31 economic development, in consultation with the office of general 32 services and the division of the budget, shall be authorized to estab- 33 lish rules and regulations for the effective administration of this 34 section. 35 § 3. Section 2878-c of the public authorities law is amended by adding 36 a new subdivision 6 to read as follows: 37 6. Notwithstanding any contrary provision of this section or any other 38 law, rule or regulation, the provisions of this section shall not apply 39 to contracts involving personal protective equipment and medical 40 supplies during the existence of a state disaster emergency under 41 circumstances described in section twenty-eight hundred seventy-eight-cc 42 of this article requiring the purchase of personal protective equipment 43 and medical supplies produced or manufactured in New York. 44 § 4. The public authorities law is amended by adding a new subdivision 45 2878-cc to read as follows: 46 § 2878-cc. Contracts involving personal protective equipment and 47 medical supplies; state disaster emergency. 1. Notwithstanding any 48 contrary provision of section twenty-eight hundred seventy-eight-c of 49 this article or any other law, rule or regulation, during the existence 50 of a state disaster emergency, as defined in paragraph (a) of subdivi- 51 sion two of this section, all contracts over fifty thousand dollars in 52 value made and awarded by any authority of the state for the purchase of 53 personal protective equipment or medical supplies shall require that the 54 personal protective equipment or medical supply items be produced or 55 made in whole or substantial part in the state of New York. 56 2. For purposes of this section:A. 10684 3 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 authority purchasing the personal protective equipment or medical 14 supplies, in his or her sole discretion, determines that such provisions 15 would not be in the public interest; that obtaining such personal 16 protective equipment or medical supplies produced or made in the state 17 of New York would increase the cost of the contract by an unreasonable 18 amount; that such personal protective equipment or medical supplies 19 cannot be produced or made in the state of New York in sufficient and 20 reasonably available quantities and of satisfactory quality or design to 21 meet the authority's requirements; or that purchasing personal protec- 22 tive equipment or medical supplies produced or manufactured outside of 23 the state of New York is necessary to avoid a delay in the delivery of 24 critical services that could compromise the public welfare. In the event 25 a New York state source is not able to supply personal protective equip- 26 ment or medical supply items, any other personal protective equipment or 27 medical supply items produced or made in whole or substantial part in 28 the United States may be utilized to satisfy the requirements of this 29 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 § 5. Section 28 of the executive law is amended by adding a new subdi- 40 vision 2-a to read as follows: 41 2-a. (a) Upon declaration of a disaster emergency involving an epidem- 42 ic, pandemic or similar disease outbreak, the governor or the governor's 43 designee shall: 44 (i) notify the heads of every department or agency that is subject to 45 the purchasing requirements of article nine of the state finance law 46 that such emergency exists and that all contracts over fifty thousand 47 dollars in value made and awarded by any such department or agency for 48 the purchase of personal protective equipment or medical supplies shall 49 require that such personal protective equipment or medical supply items 50 be produced or made in whole or substantial part in the state of New 51 York pursuant to section one hundred forty-eight-a of the state finance 52 law except as otherwise provided therein; and 53 (ii) notify the heads of every state agency subject to the require- 54 ments of title four of article nine of the public authorities law that 55 such emergency exists and that all contracts over fifty thousand dollars 56 in value made and awarded by any such state authority for the purchaseA. 10684 4 1 of personal protective equipment or medical supplies shall require that 2 the personal protective equipment or medical supply items be produced or 3 made in whole or substantial part in the state of New York pursuant to 4 section twenty-eight hundred seventy-eight-cc of the public authorities 5 law except as otherwise provided therein. 6 (b) The governor shall take appropriate actions pursuant to the emer- 7 gency preparedness plan approved pursuant to subdivision three-a of 8 section twenty-two of this article. 9 § 6. Section 22 of the executive law is amended by adding a new subdi- 10 vision 3-a to read as follows: 11 3-a. a. Such plans shall, in addition to the requirements set forth in 12 subdivision three of this section, also include measures to facilitate 13 the production and/or manufacture in New York state of personal protec- 14 tive equipment and medical supplies as defined in paragraph b of this 15 subdivision, and such other provisions as are necessary to satisfy the 16 applicable procurement requirements of section one hundred forty-eight-a 17 of the state finance law and section twenty-eight hundred seventy-eight- 18 cc of the public authorities law. 19 b. For the purposes of this section: 20 (i) "personal protective equipment" means all equipment worn to mini- 21 mize exposure to medical hazards, including gloves, masks, face shields, 22 eye protection, respirators, medical hair and shoe coverings, and 23 disposable gowns and aprons. 24 (ii) "medical supplies" means materials necessary to respond to health 25 emergencies or pandemics, including and without limitation ventilators, 26 medical test kits, and vaccines. 27 § 7. This act shall take effect on the sixtieth day after it shall 28 have become a law and shall apply to any state contracting opportunities 29 advertised on or after such date and shall exclude contracts for which 30 an invitation for bid, request for proposal, or similar solicitation has 31 been issued prior to such effective date and such contracts shall be 32 awarded pursuant to the provisions of law in effect at the time of issu- 33 ance.
