Bill Text: NY S03908 | 2021-2022 | General Assembly | Amended
Bill Title: Enacts the New York state buy American salt act to ensure all rock salt, or sodium chloride, used or supplied in the performance of a government contract or any subcontract thereto within the state shall be mined or hand harvested in the United States.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2022-02-15 - referred to governmental operations [S03908 Detail]
Download: New_York-2021-S03908-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 3908--A 2021-2022 Regular Sessions IN SENATE February 1, 2021 ___________ Introduced by Sens. KENNEDY, GALLIVAN -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee AN ACT to amend the state finance law, the general municipal law, the public authorities law and the highway law, in relation to enacting the New York state buy American salt act 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 state buy American salt act". 3 § 2. The state finance law is amended by adding a new section 162-a to 4 read as follows: 5 § 162-a. The New York state buy American salt act. 1. Use of American 6 materials. (a) Notwithstanding any other provision of law, each 7 contract for purchase or procurement made by a public agency shall 8 contain a provision that the rock salt, or sodium chloride, used or 9 supplied in the performance of the contract or any subcontract thereto 10 shall be mined or hand harvested in the United States. 11 (b) For the purposes of section one hundred sixty-three of this arti- 12 cle, no bidder shall be deemed to be the lowest responsible and reliable 13 bidder and no bid shall be deemed the best value unless the bid offered 14 by such bidder will comply with the contract term required by paragraph 15 (a) of this subdivision. 16 (c) The provisions of paragraph (a) of this subdivision shall not 17 apply in any case or category of cases in which the executive head of a 18 public agency finds: 19 (i) that the application of this section would be inconsistent with 20 the public interest; 21 (ii) that such materials and products are not produced in the United 22 States in sufficient and reasonably available quantities and of a satis- 23 factory quality; or 24 (iii) that inclusion of domestic material will increase the cost of 25 the overall procurement contract by more than twenty-five percent. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07974-02-1S. 3908--A 2 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 years prior 14 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 for 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 rock salt, or sodium chloride 25 product used in projects to which this section applies, sold in or 26 shipped to the United States that was not mined or hand harvested in the 27 United States; or 28 (ii) represented that any rock salt, or sodium chloride product 29 procured in a contract to which this section applies that was not 30 produced in the United States, was produced in the United States; then 31 that person shall be ineligible to receive any contract or subcontract 32 with this state pursuant to the debarment or suspension provisions 33 provided under section one hundred thirty-nine-a of this chapter. 34 (h) This section shall be applied in a manner consistent with the 35 state's obligations under any applicable international agreements 36 pertaining to government procurement. 37 2. Definitions. For the purposes of this section, the following words 38 shall have the following meanings unless specified otherwise: 39 (a) "Executive" means the executive head of a public agency subject to 40 this section; 41 (b) "Public agency" means a governmental entity as that term is 42 defined in section one hundred thirty-nine-j of this chapter; 43 (c) "Mined or hand harvested in the United States" means: extracted or 44 collected from land or ponds within the boundary of the United States, 45 from the initial separation from the earth through the addition of any 46 additives necessary for commercial sale; 47 (d) "United States" means the United States of America and includes 48 all territory, continental or insular, subject to the jurisdiction of 49 the United States. 50 § 3. The general municipal law is amended by adding a new section 51 104-d to read as follows: 52 § 104-d. The New York state buy American salt act. 1. Use of American 53 materials. (a) Notwithstanding any other provision of law, each 54 contract for purchase or procurement made by a public agency of a poli- 55 tical subdivision shall contain a provision that the rock salt, or sodi- 56 um chloride, used or supplied in the performance of the contract or anyS. 3908--A 3 1 subcontract thereto shall be mined or hand harvested in the United 2 States. 3 (b) No bidder shall be deemed to be the lowest responsible and reli- 4 able bidder and no bid shall be deemed the best value unless the bid 5 offered by such bidder will comply with the contract term required by 6 paragraph (a) of this subdivision. 7 (c) The provisions of paragraph (a) of this subdivision shall not 8 apply in any case or category of cases in which the executive head of a 9 public agency finds: 10 (i) that the application of this section would be inconsistent with 11 the public interest; 12 (ii) that such materials and products are not produced in the United 13 States in sufficient and reasonably available quantities and of a satis- 14 factory quality; or 15 (iii) that inclusion of domestic material will increase the cost of 16 the overall procurement contract by more than twenty-five percent. 17 (d) If the executive receives a request for a waiver under paragraph 18 (c) of this subdivision, the executive shall provide notice of and an 19 opportunity for public comment on the request at least thirty days 20 before making a finding based on the request. 21 (e) A notice provided under paragraph (d) of this subdivision shall: 22 (i) summarize the information available to the executive concerning 23 the request, including whether the request is being made under subpara- 24 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 25 (ii) be posted prominently on the official public internet web site of 26 the agency; and 27 (iii) be provided by electronic means to any person, firm or corpo- 28 ration that has made a written or electronic request to the public agen- 29 cy for notice of waiver actions by the executive within five years prior 30 to the date of notice. 31 (f) If the executive issues a waiver under paragraph (c) of this 32 subdivision, the executive shall publish in the same manner as the 33 original notice a detailed justification for the waiver that: 34 (i) addresses the public comments received under paragraph (d) of this 35 subdivision; and 36 (ii) is published before the waiver takes effect. 37 (g) If it has been determined by a court or federal or state agency 38 that any person intentionally: 39 (i) affixed a label bearing a "Made in America" inscription, or any 40 inscription with the same meaning, to any rock salt, or sodium chloride 41 product used in projects to which this section applies, sold in or 42 shipped to the United States that was not mined or hand harvested in the 43 United States; or 44 (ii) represented that any rock salt, or sodium chloride product 45 procured in a contract to which this section applies that was not 46 produced in the United States, was produced in the United States; then 47 that person shall be ineligible to receive any contract or subcontract 48 with this state pursuant to the debarment or suspension provisions 49 provided under section one hundred thirty-nine-a of the state finance 50 law. 51 (h) This section shall be applied in a manner consistent with the 52 state's obligations under any applicable international agreements 53 pertaining to government procurement. 54 2. Definitions. For the purposes of this section, the following words 55 shall have the following meanings unless specified otherwise:S. 3908--A 4 1 (a) "Executive" means the executive head of a public agency subject to 2 this section; 3 (b) "Public agency" means a governmental entity as that term is 4 defined in section one hundred thirty-nine-j of the state finance law; 5 (c) "Mined or hand harvested in the United States" means: extracted or 6 collected from land or ponds within the boundary of the United States, 7 from the initial separation from the earth through the addition of any 8 additives necessary for commercial sale; 9 (d) "United States" means the United States of America and includes 10 all territory, continental or insular, subject to the jurisdiction of 11 the United States. 12 § 4. The public authorities law is amended by adding a new section 13 2877-a to read as follows: 14 § 2877-a. The New York state buy American salt act. 1. Use of American 15 materials. (a) Notwithstanding any other provision of law, each 16 contract for purchase or procurement made by a public authority shall 17 contain a provision that the rock salt, or sodium chloride, used or 18 supplied in the performance of the contract or any subcontract thereto 19 shall be mined or hand harvested in the United States. 20 (b) No bidder shall be deemed to be the lowest responsible and reli- 21 able bidder and no bid shall be deemed the best value unless the bid 22 offered by such bidder will comply with the contract term required by 23 paragraph (a) of this subdivision. 24 (c) The provisions of paragraph (a) of this subdivision shall not 25 apply in any case or category of cases in which the executive head of a 26 public agency finds: 27 (i) that the application of this section would be inconsistent with 28 the public interest; 29 (ii) that such materials and products are not produced in the United 30 States in sufficient and reasonably available quantities and of a satis- 31 factory quality; or 32 (iii) that inclusion of domestic material will increase the cost of 33 the overall procurement contract by more than twenty-five percent. 34 (d) If the executive receives a request for a waiver under paragraph 35 (c) of this subdivision, the executive shall provide notice of and an 36 opportunity for public comment on the request at least thirty days 37 before making a finding based on the request. 38 (e) A notice provided under paragraph (d) of this subdivision shall: 39 (i) summarize the information available to the executive concerning 40 the request, including whether the request is being made under subpara- 41 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 42 (ii) be posted prominently on the official public internet web site of 43 the agency; and 44 (iii) be provided by electronic means to any person, firm or corpo- 45 ration that has made a written or electronic request to the public agen- 46 cy for notice of waiver actions by the executive within five years prior 47 to the date of notice. 48 (f) If the executive issues a waiver under paragraph (c) of this 49 subdivision, the executive shall publish in the same manner as the 50 original notice a detailed justification for the waiver that: 51 (i) addresses the public comments received under paragraph (d) of this 52 subdivision; and 53 (ii) is published before the waiver takes effect. 54 (g) If it has been determined by a court or federal or state agency 55 that any person intentionally:S. 3908--A 5 1 (i) affixed a label bearing a "Made in America" inscription, or any 2 inscription with the same meaning, to any rock salt, or sodium chloride 3 product used in projects to which this section applies, sold in or 4 shipped to the United States that was not mined or hand harvested in the 5 United States; or 6 (ii) represented that any rock salt, or sodium chloride product 7 procured in a contract to which this section applies that was not 8 produced in the United States, was produced in the United States; then 9 that person shall be ineligible to receive any contract or subcontract 10 with this state pursuant to the debarment or suspension provisions 11 provided under section one hundred thirty-nine-a of the state finance 12 law. 13 (h) This section shall be applied in a manner consistent with the 14 state's obligations under any applicable international agreements 15 pertaining to government procurement. 16 2. Definitions. For the purposes of this section, the following words 17 shall have the following meanings unless specified otherwise: 18 (a) "Executive" means the executive head of a public agency subject to 19 this section; 20 (b) "Public agency" means a state, local or interstate authority as 21 those terms are defined in section two of this chapter; 22 (c) "Mined or hand harvested in the United States" means: extracted or 23 collected from land or ponds within the boundary of the United States, 24 from the initial separation from the earth through the addition of any 25 additives necessary for commercial sale; 26 (d) "United States" means the United States of America and includes 27 all territory, continental or insular, subject to the jurisdiction of 28 the United States. 29 § 5. The highway law is amended by adding a new section 12-a to read 30 as follows: 31 § 12-a. The New York state buy American salt act. 1. Use of American 32 materials. (a) Notwithstanding any other provision of law, each contract 33 for purchase or procurement made by a public authority shall contain a 34 provision that the rock salt, or sodium chloride, used or supplied in 35 the performance of the contract or any subcontract thereto shall be 36 mined or hand harvested in the United States. 37 (b) No bidder shall be deemed to be the lowest responsible and reli- 38 able bidder and no bid shall be deemed the best value unless the bid 39 offered by such bidder will comply with the contract term required by 40 paragraph (a) of this subdivision. 41 (c) The provisions of paragraph (a) of this subdivision shall not 42 apply in any case or category of cases in which the executive head of a 43 public agency finds: 44 (i) that the application of this section would be inconsistent with 45 the public interest; 46 (ii) that such materials and products are not produced in the United 47 States in sufficient and reasonably available quantities and of a satis- 48 factory quality; or 49 (iii) that inclusion of domestic material will increase the cost of 50 the overall procurement contract by more than twenty-five percent. 51 (d) If the executive receives a request for a waiver under paragraph 52 (c) of this subdivision, the executive shall provide notice of and an 53 opportunity for public comment on the request at least thirty days 54 before making a finding based on the request. 55 (e) A notice provided under paragraph (d) of this subdivision shall:S. 3908--A 6 1 (i) summarize the information available to the executive concerning 2 the request, including whether the request is being made under subpara- 3 graph (i), (ii) or (iii) of paragraph (c) of this subdivision; 4 (ii) be posted prominently on the official public internet web site of 5 the agency; and 6 (iii) be provided by electronic means to any person, firm or corpo- 7 ration that has made a written or electronic request to the public agen- 8 cy for notice of waiver actions by the executive within five years prior 9 to the date of notice. 10 (f) If the executive issues a waiver under paragraph (c) of this 11 subdivision, the executive shall publish in the same manner as the 12 original notice a detailed justification for the waiver that: 13 (i) addresses the public comments received under paragraph (d) of this 14 subdivision; and 15 (ii) is published before the waiver takes effect. 16 (g) If it has been determined by a court or federal or state agency 17 that any person intentionally: 18 (i) affixed a label bearing a "Made in America" inscription, or any 19 inscription with the same meaning, to any rock salt, or sodium chloride 20 product used in projects to which this section applies, sold in or 21 shipped to the United States that was not mined or hand harvested in the 22 United States; or 23 (ii) represented that any rock salt, or sodium chloride product 24 procured in a contract to which this section applies that was not 25 produced in the United States, was produced in the United States; then 26 that person shall be ineligible to receive any contract or subcontract 27 with this state pursuant to the debarment or suspension provisions 28 provided under section one hundred thirty-nine-a of the state finance 29 law. 30 (h) This section shall be applied in a manner consistent with the 31 state's obligations under any applicable international agreements 32 pertaining to government procurement. 33 2. Definitions. For the purposes of this section, the following words 34 shall have the following meanings unless specified otherwise: 35 (a) "Executive" means the executive head of a public agency subject to 36 this section; 37 (b) "Public agency" means a governmental entity as that term is 38 defined in section one hundred thirty-nine-j of the state finance law; 39 (c) "Mined or hand harvested in the United States" means: extracted or 40 collected from land or ponds within the boundary of the United States, 41 from the initial separation from the earth through the addition of any 42 additives necessary for commercial sale; 43 (d) "United States" means the United States of America and includes 44 all territory, continental or insular, subject to the jurisdiction of 45 the United States. 46 § 6. Severability. If any provision of this act, or any application of 47 any provision of this act, is held to be invalid, that shall not affect 48 the validity or effectiveness of any other provision of this act, or of 49 any other application of any provision of this act, which can be given 50 effect without that provision or application; and to that end, the 51 provisions and applications of this act are severable. 52 § 7. This act shall take effect immediately.
