STATE OF NEW YORK ________________________________________________________________________ 5425 2025-2026 Regular Sessions IN ASSEMBLY February 14, 2025 ___________ Introduced by M. of A. BERGER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, the general municipal law, the public authorities law and the executive law, in relation to enacting the "New York State buy North American windows 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 North American windows act". 3 § 2. The state finance law is amended by adding a new section 162-b to 4 read as follows: 5 § 162-b. The New York state buy North American windows act. 1. Use of 6 North American materials. (a) Notwithstanding any other provision of 7 law, when soliciting a contract for the purchase of windows, any depart- 8 ment or agency of the state shall award such contract to the responsible 9 and reliable bidder offering to supply windows produced or made in whole 10 or substantial part in North America when such offer is within twenty- 11 five percent of the lowest price or best value offer, rather than to the 12 lowest responsible and reliable bidder. 13 (b) If it has been determined by a court or federal or state agency 14 that any person intentionally carried out any of the following, then 15 such person shall be ineligible to receive any contract or subcontract 16 with this state pursuant to the debarment or suspension provisions 17 provided under section one hundred thirty-nine-a of this chapter: 18 (i) affixed a label bearing a "Made in North America" inscription, or 19 any inscription with the same meaning, to any window product used in 20 projects to which this section applies, sold in or shipped to the United 21 States that was not produced or made in whole or substantial part in 22 North America; or 23 (ii) represented that any window product procured in a contract to 24 which this section applies that was not produced or made in whole or in EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04153-01-5
A. 5425 2 1 substantial part in North America, was produced or made in whole or in 2 substantial part in North America. 3 (c) This section shall be applied in a manner consistent with the 4 state's obligations under any applicable international agreements 5 pertaining to government procurement. 6 2. Definitions. For the purposes of this section, the following words 7 shall have the following meanings unless specified otherwise: 8 (a) "Public agency" means a governmental entity as that term is 9 defined in section one hundred thirty-nine-j of this chapter. 10 (b) "Windows produced or made in whole or in part in North America" 11 means the total value, in United States dollars, of the fabrication 12 materials, extrusions, components, hardware, and labor sourced, manufac- 13 tured, and/or performed in North America equals or exceeds seventy-five 14 percent of the total value of all materials, extrusions, components, 15 hardware, and labor for the finished window. 16 (c) "United States" means the United States of America and includes 17 all territory, continental or insular, subject to the jurisdiction of 18 the United States. 19 (d) "North America" means the United States, Canada and Mexico. 20 § 3. The general municipal law is amended by adding a new section 21 104-e to read as follows: 22 § 104-e. The New York state buy North American windows act. 1. Use of 23 North American materials. (a) Notwithstanding any other provision of 24 law, when soliciting a contract for the purchase of windows, any depart- 25 ment or agency of a political subdivision shall award such contract to 26 the responsible and reliable bidder offering to supply windows produced 27 or made in whole or substantial part in North America when such offer is 28 within twenty-five percent of the lowest price or best value offer, 29 rather than to the lowest responsible and reliable bidder. 30 (b) If it has been determined by a court or federal or state agency 31 that any person intentionally carried out any of the following, then 32 such person shall be ineligible to receive any contract or subcontract 33 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 (i) affixed a label bearing a "Made in North America" inscription, or 37 any inscription with the same meaning, to any window product used in 38 projects to which this section applies, sold in or shipped to the United 39 States that was not produced or made in whole or substantial part in 40 North America; or 41 (ii) represented that any window product procured in a contract to 42 which this section applies that was not produced or made in whole or in 43 substantial part in North America, was produced or made in whole or in 44 substantial part in North America. 45 (c) This section shall be applied in a manner consistent with the 46 state's obligations under any applicable international agreements 47 pertaining to government procurement. 48 2. Definitions. For the purposes of this section, the following words 49 shall have the following meanings unless specified otherwise: 50 (a) "Public agency" means a governmental entity as that term is 51 defined in section one hundred thirty-nine-j of the state finance law. 52 (b) "Windows produced or made in whole or in part in North America" 53 means the total value, in United States dollars, of the fabrication 54 materials, extrusions, components, hardware, and labor sourced, manufac- 55 tured, and/or performed in North America equals or exceeds seventy-five
A. 5425 3 1 percent of the total value of all materials, extrusions, components, 2 hardware, and labor for the finished window. 3 (c) "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 (d) "North America" means the United States, Canada and Mexico. 7 § 4. The public authorities law is amended by adding new section 8 2877-b to read as follows: 9 § 2877-b. The New York state buy North American windows act. 1. Use of 10 North American materials. (a) Notwithstanding any other provision of 11 law, when soliciting a contract for the purchase of windows, any public 12 authority shall award such contract to the responsible and reliable 13 bidder offering to supply windows produced or made in whole or substan- 14 tial part in North America when such offer is within twenty-five percent 15 of the lowest price or best value offer, rather than to the lowest 16 responsible and reliable bidder. 17 (b) If it has been determined by a court or federal or state agency 18 that any person intentionally carried out any of the following, then 19 such person shall be ineligible to receive any contract or subcontract 20 with this state pursuant to the debarment or suspension provisions 21 provided under section one hundred thirty-nine-a of the state finance 22 law: 23 (i) affixed a label bearing a "Made in North America" inscription, or 24 any inscription with the same meaning, to any window product used in 25 projects to which this section applies, sold in or shipped to the United 26 States that was not produced or made in whole or substantial part in 27 North America; or 28 (ii) represented that any window product procured in a contract to 29 which this section applies that was not produced or made in whole or in 30 substantial part in North America, was produced or made in whole or in 31 substantial part in North America. 32 (c) This section shall be applied in a manner consistent with the 33 state's obligations under any applicable international agreements 34 pertaining to government procurement. 35 2. Definitions. For the purposes of this section, the following words 36 shall have the following meanings unless specified otherwise: 37 (a) "Public authority" means a state, local or interstate authority as 38 such terms are defined in section two of this chapter. 39 (b) "Windows produced or made in whole or in part in North America" 40 means the total value, in United States dollars, of the fabrication 41 materials, extrusions, components, hardware, and labor sourced, manufac- 42 tured, and/or performed in North America equals or exceeds seventy-five 43 percent of the total value of all materials, extrusions, components, 44 hardware, and labor for the finished window. 45 (c) "United States" means the United States of America and includes 46 all territory, continental or insular, subject to the jurisdiction of 47 the United States. 48 (d) "North America" means the United States, Canada and Mexico. 49 § 5. Article 50 and sections 1000, 1001, 10002, and 1003 of the execu- 50 tive law, as renumbered by chapter 770 of the laws of 1978, are renum- 51 bered to be article 60 and sections 1100, 1101, 1102, and 1103 and a new 52 article 50 is added to read as follows: 53 ARTICLE 50 54 NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT 55 Section 1010. Statement of purpose.
A. 5425 4 1 1011. Definitions. 2 1012. Use of American made windows for a covered affordable 3 housing project. 4 § 1010. Statement of purpose. It is the purpose of this article to 5 encourage and promote the purchase of North American made windows for 6 covered affordable housing projects paid for in whole or in part out of 7 public funds. 8 § 1011. Definitions. For purposes of this article, the following terms 9 shall have the following meanings: 10 1. "Covered affordable housing project" shall mean construction work 11 done under contract for an affordable housing project which is paid for 12 in whole or in part out of public funds, as such term is defined in this 13 section, where the amount of all such public funds, when aggregated, is 14 at least thirty percent of the total construction project costs and 15 where such project costs are over five million dollars. 16 2. "Paid for in whole or in part out of public funds" shall mean any 17 of the following: 18 (a) the payment of money, by a public entity, or a third party acting 19 on behalf of and for the benefit of a public entity, directly to or on 20 behalf of a contractor, subcontractor, developer or owner that is not 21 subject to repayment; 22 (b) the savings achieved from fees, rents, interest rates, or other 23 loan costs, or insurance costs that are lower than market rate costs; 24 savings from reduced taxes as a result of tax credits, tax abatements, 25 tax exemptions or tax increment financing; savings from payments in lieu 26 of taxes; and any other savings from reduced, waived, or forgiven costs 27 that would have otherwise been at a higher or market rate but for the 28 involvement of a public entity; 29 (c) money loaned by a public entity that is to be repaid on a contin- 30 gent basis; or 31 (d) credits that are applied by a public entity against repayment of 32 obligations to such public entity. 33 3. "Windows produced or made in whole or in part in North America" 34 means the total value, in United States dollars, of the fabrication 35 materials, extrusions, components, hardware, and labor sourced, manufac- 36 tured, and/or performed in North America equals or exceeds seventy-five 37 percent of the total value of all materials, extrusions, components, 38 hardware, and labor for the finished window. 39 4. "United States" means the United States of America and includes all 40 territory, continental or insular, subject to the jurisdiction of the 41 United States. 42 5. "North America" means the United States, Canada and Mexico. 43 § 1012. Use of American made windows for a covered affordable housing 44 project. 1. Notwithstanding any other provision of law, any owner, 45 developer, contractor or subcontractor when soliciting a contract for 46 the purchase of windows produced or made in whole or in substantial part 47 in North America for a covered affordable housing project as defined in 48 section one thousand eleven of this article, shall award such contract 49 to the responsible and reliable bidder offering to supply windows 50 produced or made in whole or substantial part in North America when such 51 offer is within twenty-five percent of the lowest price or best value 52 offer, rather than to the lowest and reliable bidder. 53 2. If it has been determined by a court or federal or state agency 54 that any person intentionally carried out any of the following, then 55 such person shall be ineligible to receive any contract or subcontract 56 with this state pursuant to the debarment or suspension provisions
A. 5425 5 1 provided under section one hundred thirty-nine-a of the state finance 2 law: 3 (a) affixed a label bearing a "Made in North America" inscription, or 4 any inscription with the same meaning, to any window product used in 5 projects to which this section applies, sold in or shipped to the United 6 States that was not produced or made in whole or substantial part in 7 North America; or 8 (b) represented that any window product procured in a contract to 9 which this section applies that was not produced or made in whole or in 10 substantial part in North America, was produced or made in whole or in 11 substantial part in North America. 12 3. This section shall be applied in a manner consistent with the 13 state's obligations under any applicable international agreements 14 pertaining to government procurement. 15 § 6. This act shall take effect on the one hundred eightieth day after 16 it shall have become a law.