STATE OF NEW YORK ________________________________________________________________________ 814 2023-2024 Regular Sessions IN SENATE January 6, 2023 ___________ Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules AN ACT to amend the state finance law, the general municipal law, the public authorities law and the highway law, in relation to awarding a contract for the purchase of rock salt or sodium chloride; and to amend a chapter of the laws of 2022 amending the state finance law, the general municipal law, the public authorities law and the highway law relating to enacting the New York state buy American salt act, as proposed in legislative bills numbers S. 9441 and A. 7919-A, in relation to the effectiveness thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 162-a of the state finance law, as added by a chap- 2 ter of the laws of 2022 amending the state finance law, the general 3 municipal law, the public authorities law and the highway law relating 4 to enacting the New York state buy American salt act, as proposed in 5 legislative bills numbers S. 9441 and A. 7919-A, is amended to read as 6 follows: 7 § 162-a. The New York state buy American salt act. 1. Use of American 8 materials. (a) Notwithstanding any other provision of law, [each] when 9 soliciting a contract for the purchase [or procurement made by] of rock 10 salt or sodium chloride, any department or agency of the state [shall 11 contain a provision that the rock salt, or sodium chloride, used or 12 supplied in the performance of the] may award such contract [or any 13 subcontract thereto shall be] to the responsible and reliable bidder 14 offering to supply rock salt or sodium chloride that is mined or hand 15 harvested in the United States, and which offer is within ten percent of 16 the lowest price or best value offer, rather than to the lowest respon- 17 sible and reliable bidder. 18 (b) [For the purposes of section one hundred sixty-three of this arti- 19 cle, no bidder shall be deemed to be the lowest responsible and reliable EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03963-01-3
S. 814 2 1 bidder and no bid shall be deemed the best value unless the bid offered 2 by such bidder will comply with the contract term required by paragraph 3 (a) of this subdivision. 4 (c) The provisions of paragraph (a) of this subdivision shall not 5 apply in any case or category of cases in which the head of such depart- 6 ment or agency determines that: 7 (i) such requirement would not be in the public interest; 8 (ii) such requirement would result in unreasonable costs; 9 (iii) such materials and products cannot be produced in the United 10 States in sufficient and reasonably available quantities and of a satis- 11 factory quality; or 12 (iv) obtaining such materials and products in the United States would 13 increase the cost of the contract by an unreasonable amount. 14 (d)] If it has been determined by a court or federal or state agency 15 that any person intentionally: 16 (i) affixed a label bearing a "Made in America" inscription, or any 17 inscription with the same meaning, to any rock salt, or sodium chloride 18 product used in projects to which this section applies, sold in or 19 shipped to the United States that was not mined or hand harvested in the 20 United States; or 21 (ii) represented that any rock salt, or sodium chloride product 22 procured in a contract to which this section applies that was not 23 produced in the United States, was produced in the United States; then 24 that person shall be ineligible to receive any contract or subcontract 25 with this state pursuant to the debarment or suspension provisions 26 provided under section one hundred thirty-nine-a of this chapter. 27 [(e)] (c) This section shall be applied in a manner consistent with 28 the state's obligations under any applicable international agreements 29 pertaining to government procurement. 30 2. Definitions. For the purposes of this section, the following words 31 shall have the following meanings unless specified otherwise: 32 (a) "Public agency" means a governmental entity as that term is 33 defined in section one hundred thirty-nine-j of this chapter; 34 (b) "Mined or hand harvested in the United States" means: extracted or 35 collected from land or ponds within the boundary of the United States, 36 from the initial separation from the earth through the addition of any 37 additives necessary for commercial sale; 38 (c) "United States" means the United States of America and includes 39 all territory, continental or insular, subject to the jurisdiction of 40 the United States. 41 § 2. Section 104-d of the general municipal law, as added by a chapter 42 of the laws of 2022 amending the state finance law, the general munici- 43 pal law, the public authorities law and the highway law relating to 44 enacting the New York state buy American salt act, as proposed in legis- 45 lative bills numbers S. 9441 and A. 7919-A, is amended to read as 46 follows: 47 § 104-d. The New York state buy American salt act. 1. Use of American 48 materials. (a) Notwithstanding any other provision of law, [each] when 49 soliciting a contract for the purchase [or procurement made by] of rock 50 salt or sodium chloride, any department or agency of a political subdi- 51 vision [shall contain a provision that the rock salt, or sodium chlo- 52 ride, used or supplied in the performance of the] may award such 53 contract [or any subcontract thereto shall be] to the responsible and 54 reliable bidder offering to supply rock salt or sodium chloride that is 55 mined or hand harvested in the United States, and which offer is within
S. 814 3 1 ten percent of the lowest price or best value offer, rather than to the 2 lowest responsible and reliable bidder. 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 head of such depart- 9 ment or agency determines that: 10 (i) such requirement would not be in the public interest; 11 (ii) such requirement would result in unreasonable costs; 12 (iii) such materials and products cannot be produced in the United 13 States in sufficient and reasonably available quantities and of a satis- 14 factory quality; or 15 (iv) obtaining such materials and products in the United States would 16 increase the cost of the contract by an unreasonable amount. 17 (d)] If it has been determined by a court or federal or state agency 18 that any person intentionally: 19 (i) affixed a label bearing a "Made in America" inscription, or any 20 inscription with the same meaning, to any rock salt, or sodium chloride 21 product used in projects to which this section applies, sold in or 22 shipped to the United States that was not mined or hand harvested in the 23 United States; or 24 (ii) represented that any rock salt, or sodium chloride product 25 procured in a contract to which this section applies that was not 26 produced in the United States, was produced in the United States; then 27 that person shall be ineligible to receive any contract or subcontract 28 with this state pursuant to the debarment or suspension provisions 29 provided under section one hundred thirty-nine-a of the state finance 30 law. 31 [(e)] (c) This section shall be applied in a manner consistent with 32 the state's obligations under any applicable international agreements 33 pertaining to government procurement. 34 2. Definitions. For the purposes of this section, the following words 35 shall have the following meanings unless specified otherwise: 36 (a) "Public agency" means a governmental entity as that term is 37 defined in section one hundred thirty-nine-j of the state finance law; 38 (b) "Mined or hand harvested in the United States" means: extracted or 39 collected from land or ponds within the boundary of the United States, 40 from the initial separation from the earth through the addition of any 41 additives necessary for commercial sale; 42 (c) "United States" means the United States of America and includes 43 all territory, continental or insular, subject to the jurisdiction of 44 the United States. 45 § 3. Section 2877-a of the public authorities law, as added by a chap- 46 ter of the laws of 2022 amending the state finance law, the general 47 municipal law, the public authorities law and the highway law relating 48 to enacting the New York state buy American salt act, as proposed in 49 legislative bills numbers S. 9441 and A. 7919-A, is amended to read as 50 follows: 51 § 2877-a. The New York state buy American salt act. 1. Use of American 52 materials. (a) Notwithstanding any other provision of law, [each] when 53 soliciting a contract for the purchase [or procurement made by] of rock 54 salt or sodium chloride, any public authority [shall contain a provision 55 that the rock salt, or sodium chloride, used or supplied in the perform- 56 ance of the] may award such contract [or any subcontract thereto shall
S. 814 4 1 be] to the responsible and reliable bidder offering to supply rock salt 2 or sodium chloride that is mined or hand harvested in the United States, 3 and which offer is within ten percent of the lowest price or best value 4 offer, rather than to the lowest responsible and reliable bidder. 5 (b) [No bidder shall be deemed to be the lowest responsible and reli- 6 able bidder and no bid shall be deemed the best value unless the bid 7 offered by such bidder will comply with the contract term required by 8 paragraph (a) of this subdivision. 9 (c) The provisions of paragraph (a) of this subdivision shall not 10 apply in any case or category of cases in which the head of such public 11 authority determines that: 12 (i) such requirement would not be in the public interest; 13 (ii) such requirement would result in unreasonable costs; 14 (iii) such materials and products cannot be produced in the United 15 States in sufficient and reasonably available quantities and of a satis- 16 factory quality; or 17 (iv) obtaining such materials and products in the United States would 18 increase the cost of the contract by an unreasonable amount. 19 (d)] If it has been determined by a court or federal or state agency 20 that any person intentionally: 21 (i) affixed a label bearing a "Made in America" inscription, or any 22 inscription with the same meaning, to any rock salt, or sodium chloride 23 product used in projects to which this section applies, sold in or 24 shipped to the United States that was not mined or hand harvested in the 25 United States; or 26 (ii) represented that any rock salt, or sodium chloride product 27 procured in a contract to which this section applies that was not 28 produced in the United States, was produced in the United States; then 29 that person shall be ineligible to receive any contract or subcontract 30 with this state pursuant to the debarment or suspension provisions 31 provided under section one hundred thirty-nine-a of the state finance 32 law. 33 [(e)] (c) This section shall be applied in a manner consistent with 34 the state's obligations under any applicable international agreements 35 pertaining to government procurement. 36 2. Definitions. For the purposes of this section, the following words 37 shall have the following meanings unless specified otherwise: 38 (a) "Public authority" means a state, local or interstate authority as 39 those terms are defined in section two of this chapter; 40 (b) "Mined or hand harvested in the United States" means: extracted or 41 collected from land or ponds within the boundary of the United States, 42 from the initial separation from the earth through the addition of any 43 additives necessary for commercial sale; 44 (c) "United States" means the United States of America and includes 45 all territory, continental or insular, subject to the jurisdiction of 46 the United States. 47 § 4. Section 12-a of the highway law, as added by a chapter of the 48 laws of 2022 amending the state finance law, the general municipal law, 49 the public authorities law and the highway law relating to enacting the 50 New York state buy American salt act, as proposed in legislative bills 51 numbers S. 9441 and A. 7919-A, is amended to read as follows: 52 § 12-a. The New York state buy American salt act. 1. Use of American 53 materials. (a) Notwithstanding any other provision of law, [each] when 54 soliciting a contract for the purchase [or procurement made by any 55 public authority shall contain a provision that the] of rock salt[,] or 56 sodium chloride, [used or supplied in the performance of] the commis-
S. 814 5 1 sioner of transportation may award such contract [or any subcontract 2 thereto shall be] to the responsible and reliable bidder offering to 3 supply rock salt or sodium chloride that is mined or hand harvested in 4 the United States, and which offer is within ten percent of the lowest 5 price or best value offer, rather than to the lowest responsible and 6 reliable bidder. 7 (b) [No bidder shall be deemed to be the lowest responsible and reli- 8 able bidder and no bid shall be deemed the best value unless the bid 9 offered by such bidder will comply with the contract term required by 10 paragraph (a) of this subdivision. 11 (c) The provisions of paragraph (a) of this subdivision shall not 12 apply in any case or category of cases in which the head of such public 13 authority determines that: 14 (i) such requirement would not be in the public interest; 15 (ii) such requirement would result in unreasonable costs; 16 (iii) such materials and products cannot be produced in the United 17 States in sufficient and reasonably available quantities and of a satis- 18 factory quality; or 19 (iv) obtaining such materials and products in the United States would 20 increase the cost of the contract by an unreasonable amount. 21 (d)] 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 the state finance 34 law. 35 [(e)] (c) This section shall be applied in a manner consistent with 36 the state's obligations under any applicable international agreements 37 pertaining to government procurement. 38 2. Definitions. For the purposes of this section, the following words 39 shall have the following meanings unless specified otherwise: 40 (a) ["Public authority" means a governmental entity as that term is 41 defined in section one hundred thirty-nine-j of the state finance law; 42 (b)] "Mined or hand harvested in the United States" means: extracted 43 or collected from land or ponds within the boundary of the United 44 States, from the initial separation from the earth through the addition 45 of any additives necessary for commercial sale; 46 [(c)] (b) "United States" means the United States of America and 47 includes all territory, continental or insular, subject to the jurisdic- 48 tion of the United States. 49 § 5. Section 7 of a chapter of the laws of 2022 amending the state 50 finance law, the general municipal law, the public authorities law and 51 the highway law relating to enacting the New York state buy American 52 salt act, as proposed in legislative bills numbers S. 9441 and A. 53 7919-A, is amended to read as follows: 54 § 7. This act shall take effect [immediately] April 1, 2023 and shall 55 apply only to contracts entered into after such date.
S. 814 6 1 § 6. This act shall take effect immediately, provided however that 2 sections one, two, three and four of this act shall take effect on the 3 same date and in the same manner as a chapter of the laws of 2022 amend- 4 ing the state finance law, the general municipal law, the public author- 5 ities law and the highway law relating to enacting the New York state 6 buy American salt act, as proposed in legislative bills numbers S. 9441 7 and A. 7919-A, takes effect.