NY State Assembly Bill 2015-A9701

Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 05, 2016	referred to governmental operations

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2015-A9701 (ACTIVE) - Details

See Senate Version of this Bill:: S7203
Current Committee:: Assembly Governmental Operations
Law Section:: State Finance Law
Laws Affected:: Rpld & add §146, St Fin L; rpld §2603-a, add §2877-a, Pub Auth L; amd §38, Hway L; amd §103, Gen Muni L; amd §8, Pub Bldg L
Versions Introduced in 2017-2018 Legislative Session:: A4386, S3332

2015-A9701 (ACTIVE) - Summary

Establishes the "Made in America Rating System" or "MARS" act requiring the use of American made iron, steel and manufactured products in certain government contracts and establishes a rating system to prioritize the selection of such products.

2015-A9701 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9701

                          I N  A S S E M B L Y

                              April 5, 2016
                               ___________

Introduced by M. of A. CUSICK -- 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 establishing
  a rating system to prioritize the selection of such products;  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:

  Section  1.  Title.  This  act  shall be known as the "made in America
rating system act" or the "MARS act".
  S 2. Section 146 of the state  finance  law  is  REPEALED  and  a  new
section 146 is added to read as follows:
  S  146.  MADE  IN AMERICA RATING SYSTEM. 1. USE OF AMERICAN MATERIALS.
(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH  CONTRACT  FOR  THE
CONSTRUCTION,  RECONSTRUCTION,  ALTERATION  OR  IMPROVEMENT  OF A PUBLIC
BUILDING OF PUBLIC WORKS  MADE  BY  A  PUBLIC  AGENCY  SHALL  CONTAIN  A
PROVISION  THAT  THE  IRON,  STEEL,  AND  MANUFACTURED  PRODUCTS USED OR
SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY  SUBCONTRACT  THERETO
AND  PERMANENTLY  INCORPORATED  INTO THE PUBLIC BUILDING OR PUBLIC WORKS
SHALL BE AWARDED TO THE BIDDER WHOSE PRODUCT OR MATERIAL HAS THE HIGHEST
RATING ON THE MADE IN AMERICA RATING SYSTEM SCALE.
  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
  (I)  SUCH  MATERIALS  AND  PRODUCTS  DO  NOT  MEET STATE STANDARDS FOR
CONSTRUCTION IN THE STATE; OR
  (II) INCLUSION OF DOMESTIC MATERIAL WILL  INCREASE  THE  COST  OF  THE
OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
  (C)  THE  MADE  IN  AMERICA  RATING SYSTEM SHALL INCLUDE THE FOLLOWING
RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
  (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD13957-01-6

A. 9701                             2

  (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE  AMERI-
CAN;
  (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE;
  (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;
  (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
THE UNITED STATES.
  (D) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I)  AFFIXED  A  LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON,  STEEL  OR  MANUFACTURED
PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED  IN
PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
BE INELIGIBLE TO RECEIVE ANY CONTRACT OR  SUBCONTRACT  WITH  THIS  STATE
PURSUANT  TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED UNDER
SECTION ONE HUNDRED THIRTY-NINE-A OF THIS ARTICLE.
  (E) THIS SECTION SHALL BE APPLIED IN  A  MANNER  CONSISTENT  WITH  THE
STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (A)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS ARTICLE;
  (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
UCT ALL MANUFACTURING MUST TAKE PLACE IN THE  UNITED  STATES,  FROM  THE
INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
  (II)  IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A) ALL OF ITS  MANUFACTURING  PROCESSES  TAKE  PLACE  IN  THE  UNITED
STATES, AND
  (B)  MORE  THAN  SIXTY  PERCENT  OF THE COMPONENTS OF THE MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN.  IF,  UNDER  THE  TERMS  OF  THIS
SUBPARAGRAPH,  A  COMPONENT  IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS
ENTIRE COST MAY BE USED IN CALCULATING THE COST OF DOMESTIC  CONTENT  OF
AN END PRODUCT.
  (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
THE UNITED STATES.
  S  3.  Section  2603-a of the public authorities law is REPEALED and a
new section 2877-a is added to read as follows:
  S 2877-A. MADE IN AMERICA RATING SYSTEM. 1. USE OF AMERICAN MATERIALS.
(A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH  CONTRACT  FOR  THE
CONSTRUCTION,  RECONSTRUCTION,  ALTERATION  OR  IMPROVEMENT  OF A PUBLIC
BUILDING OF PUBLIC WORKS  MADE  BY  A  PUBLIC  AGENCY  SHALL  CONTAIN  A
PROVISION  THAT  THE  IRON,  STEEL,  AND  MANUFACTURED  PRODUCTS USED OR
SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY  SUBCONTRACT  THERETO
AND  PERMANENTLY  INCORPORATED  INTO THE PUBLIC BUILDING OR PUBLIC WORKS

A. 9701                             3

SHALL BE AWARDED TO THE BIDDER WHOSE PRODUCT OR MATERIAL HAS THE HIGHEST
RATING ON THE MADE IN AMERICA RATING SYSTEM SCALE.
  (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
  (I) SUCH MATERIALS AND  PRODUCTS  DO  NOT  MEET  STATE  STANDARDS  FOR
CONSTRUCTION IN THE STATE; OR
  (II)  INCLUSION  OF  DOMESTIC  MATERIAL  WILL INCREASE THE COST OF THE
OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
  (C) THE MADE IN AMERICA RATING  SYSTEM  SHALL  INCLUDE  THE  FOLLOWING
RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
  (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN  THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;
  (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE;
  (IV) USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN  THE
UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (V)  USA  60  - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;
  (VI) USA RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN
THE UNITED STATES.
  (D)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I) AFFIXED A LABEL BEARING A "MADE IN AMERICA"  INSCRIPTION,  OR  ANY
INSCRIPTION  WITH  THE  SAME MEANING, TO ANY IRON, STEEL OR MANUFACTURED
PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II)  REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN
PROJECTS TO WHICH THIS SECTION APPLIES THAT  WAS  NOT  PRODUCED  IN  THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
BE  INELIGIBLE  TO  RECEIVE  ANY CONTRACT OR SUBCONTRACT WITH THIS STATE
PURSUANT TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED  UNDER
SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
  (E)  THIS  SECTION  SHALL  BE  APPLIED IN A MANNER CONSISTENT WITH THE
STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (A) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
DEFINED  IN  SECTION ONE HUNDRED THIRTY-NINE-J OF THIS THE STATE FINANCE
LAW;
  (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
UCT ALL MANUFACTURING MUST TAKE PLACE IN THE  UNITED  STATES,  FROM  THE
INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
  (II)  IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A) ALL OF ITS  MANUFACTURING  PROCESSES  TAKE  PLACE  IN  THE  UNITED
STATES, AND
  (B)  MORE  THAN  SIXTY  PERCENT  OF THE COMPONENTS OF THE MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN.  IF,  UNDER  THE  TERMS  OF  THIS
SUBPARAGRAPH,  A  COMPONENT  IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS

A. 9701                             4

ENTIRE COST MAY BE USED IN CALCULATING THE COST OF DOMESTIC  CONTENT  OF
AN END PRODUCT.
  (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
THE UNITED STATES.
  S 4. Section 38 of the highway law is amended by adding a new subdivi-
sion 10 to read as follows:
  10. USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  EACH CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION
OR IMPROVEMENT OF A PUBLIC BUILDING OF PUBLIC WORKS  MADE  BY  A  PUBLIC
AGENCY  SHALL CONTAIN A PROVISION THAT THE IRON, STEEL, AND MANUFACTURED
PRODUCTS USED OR SUPPLIED IN THE PERFORMANCE  OF  THE  CONTRACT  OR  ANY
SUBCONTRACT  THERETO AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILD-
ING OR PUBLIC WORKS SHALL BE AWARDED TO  THE  BIDDER  WHOSE  PRODUCT  OR
MATERIAL  HAS  THE  HIGHEST  RATING ON THE MADE IN AMERICA RATING SYSTEM
SCALE.
  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
  (I)  SUCH  MATERIALS  AND  PRODUCTS  DO  NOT  MEET STATE STANDARDS FOR
CONSTRUCTION IN THE STATE; OR
  (II) INCLUSION OF DOMESTIC MATERIAL WILL  INCREASE  THE  COST  OF  THE
OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
  (C)  THE  MADE  IN  AMERICA  RATING SYSTEM SHALL INCLUDE THE FOLLOWING
RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
  (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE  AMERI-
CAN;
  (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE;
  (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;
  (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
THE UNITED STATES.
  (D) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I)  AFFIXED  A  LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON,  STEEL  OR  MANUFACTURED
PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED  IN
PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
BE INELIGIBLE TO RECEIVE ANY CONTRACT OR  SUBCONTRACT  WITH  THIS  STATE
PURSUANT  TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED UNDER
SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
  (E) THIS SECTION SHALL BE APPLIED IN  A  MANNER  CONSISTENT  WITH  THE
STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:

A. 9701                             5

  (A)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
  (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
UCT  ALL  MANUFACTURING  MUST  TAKE PLACE IN THE UNITED STATES, FROM THE
INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
  (II) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE  CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
STATES, AND
  (B) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
GOOD,  BY  COST,  ARE  OF  DOMESTIC  ORIGIN. IF, UNDER THE TERMS OF THIS
SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF  DOMESTIC  ORIGIN,  ITS
ENTIRE  COST  MAY BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF
AN END PRODUCT.
  (C) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
THE UNITED STATES.
  S 5. Section 103 of the general municipal law is amended by  adding  a
new subdivision 17 to read as follows:
  17. USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF  LAW,  EACH CONTRACT FOR THE CONSTRUCTION, RECONSTRUCTION, ALTERATION
OR IMPROVEMENT OF A PUBLIC BUILDING OF PUBLIC WORKS  MADE  BY  A  PUBLIC
AGENCY  SHALL CONTAIN A PROVISION THAT THE IRON, STEEL, AND MANUFACTURED
PRODUCTS USED OR SUPPLIED IN THE PERFORMANCE  OF  THE  CONTRACT  OR  ANY
SUBCONTRACT  THERETO AND PERMANENTLY INCORPORATED INTO THE PUBLIC BUILD-
ING OR PUBLIC WORKS SHALL BE AWARDED TO  THE  BIDDER  WHOSE  PRODUCT  OR
MATERIAL  HAS  THE  HIGHEST  RATING ON THE MADE IN AMERICA RATING SYSTEM
SCALE.
  (B) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
  (I)  SUCH  MATERIALS  AND  PRODUCTS  DO  NOT  MEET STATE STANDARDS FOR
CONSTRUCTION IN THE STATE; OR
  (II) INCLUSION OF DOMESTIC MATERIAL WILL  INCREASE  THE  COST  OF  THE
OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
  (C)  THE  MADE  IN  AMERICA  RATING SYSTEM SHALL INCLUDE THE FOLLOWING
RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
  (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE  AMERI-
CAN;
  (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE;
  (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;
  (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
THE UNITED STATES.
  (D) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I)  AFFIXED  A  LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON,  STEEL  OR  MANUFACTURED

A. 9701                             6

PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II)  REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED IN
PROJECTS TO WHICH THIS SECTION APPLIES THAT  WAS  NOT  PRODUCED  IN  THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
BE  INELIGIBLE  TO  RECEIVE  ANY CONTRACT OR SUBCONTRACT WITH THIS STATE
PURSUANT TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED  UNDER
SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
  (E)  THIS  SECTION  SHALL  BE  APPLIED IN A MANNER CONSISTENT WITH THE
STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (A) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
  (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
UCT  ALL  MANUFACTURING  MUST  TAKE PLACE IN THE UNITED STATES, FROM THE
INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
  (II) IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE  CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A)  ALL  OF  ITS  MANUFACTURING  PROCESSES  TAKE  PLACE IN THE UNITED
STATES, AND
  (B) MORE THAN SIXTY PERCENT OF  THE  COMPONENTS  OF  THE  MANUFACTURED
GOOD,  BY  COST,  ARE  OF  DOMESTIC  ORIGIN. IF, UNDER THE TERMS OF THIS
SUBPARAGRAPH, A COMPONENT IS DETERMINED TO BE OF  DOMESTIC  ORIGIN,  ITS
ENTIRE  COST  MAY BE USED IN CALCULATING THE COST OF DOMESTIC CONTENT OF
AN END PRODUCT.
  (C) "UNITED STATES" MEANS THE UNITED STATES OF  AMERICA  AND  INCLUDES
ALL  TERRITORY,  CONTINENTAL  OR INSULAR, SUBJECT TO THE JURISDICTION OF
THE UNITED STATES.
  S 6. Section 8 of the public buildings law is amended by adding a  new
subdivision 8 to read as follows:
  8.  USE OF AMERICAN MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION
OF LAW, EACH CONTRACT FOR THE CONSTRUCTION,  RECONSTRUCTION,  ALTERATION
OR  IMPROVEMENT  OF  A  PUBLIC BUILDING OF PUBLIC WORKS MADE BY A PUBLIC
AGENCY SHALL CONTAIN A PROVISION THAT THE IRON, STEEL, AND  MANUFACTURED
PRODUCTS  USED  OR  SUPPLIED  IN  THE PERFORMANCE OF THE CONTRACT OR ANY
SUBCONTRACT THERETO AND PERMANENTLY INCORPORATED INTO THE PUBLIC  BUILD-
ING  OR  PUBLIC  WORKS  SHALL  BE AWARDED TO THE BIDDER WHOSE PRODUCT OR
MATERIAL HAS THE HIGHEST RATING ON THE MADE  IN  AMERICA  RATING  SYSTEM
SCALE.
  (B)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH IT IS FOUND THAT:
  (I) SUCH MATERIALS AND  PRODUCTS  DO  NOT  MEET  STATE  STANDARDS  FOR
CONSTRUCTION IN THE STATE; OR
  (II)  INCLUSION  OF  DOMESTIC  MATERIAL  WILL INCREASE THE COST OF THE
OVERALL PROJECT CONTRACT BY MORE THAN TWENTY PERCENT.
  (C) THE MADE IN AMERICA RATING  SYSTEM  SHALL  INCLUDE  THE  FOLLOWING
RATINGS, LISTED IN ORDER FROM HIGHEST TO LOWEST RATING:
  (I) EMPIRE STATE AAA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (II) EMPIRE STATE AA - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN  THE STATE AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;

A. 9701                             7

  (III) EMPIRE STATE A - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED
IN THE STATE;
  (IV)  USA 100 - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN THE
UNITED STATES AND ONE HUNDRED PERCENT OF THE RAW MATERIALS ARE AMERICAN;
  (V) USA 60 - ONE HUNDRED PERCENT OF THE PRODUCT IS  ASSEMBLED  IN  THE
UNITED STATES AND AT LEAST SIXTY PERCENT OF THE RAW MATERIALS ARE AMERI-
CAN;
  (VI)  USA  RATING - ONE HUNDRED PERCENT OF THE PRODUCT IS ASSEMBLED IN
THE UNITED STATES.
  (D) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
THAT ANY PERSON INTENTIONALLY:
  (I)  AFFIXED  A  LABEL BEARING A "MADE IN AMERICA" INSCRIPTION, OR ANY
INSCRIPTION WITH THE SAME MEANING, TO ANY IRON,  STEEL  OR  MANUFACTURED
PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
SHIPPED TO THE UNITED STATES THAT WAS NOT MADE IN THE UNITED STATES; OR
  (II) REPRESENTED THAT ANY IRON, STEEL OR MANUFACTURED PRODUCT USED  IN
PROJECTS  TO  WHICH  THIS  SECTION  APPLIES THAT WAS NOT PRODUCED IN THE
UNITED STATES, WAS PRODUCED IN THE UNITED STATES; THEN THAT PERSON SHALL
BE INELIGIBLE TO RECEIVE ANY CONTRACT OR  SUBCONTRACT  WITH  THIS  STATE
PURSUANT  TO  THE  DEBARMENT  OR  SUSPENSION  PROVISIONS  PROVIDED UNDER
SECTION ONE HUNDRED THIRTY-NINE-A OF THE STATE FINANCE LAW.
  (E) THIS SECTION SHALL BE APPLIED IN  A  MANNER  CONSISTENT  WITH  THE
STATE'S   OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL  AGREEMENTS
PERTAINING TO GOVERNMENT PROCUREMENT.
  2. DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING  WORDS
SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
  (A)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
  (B) "MADE IN AMERICA" MEANS: (I) IN THE CASE OF AN IRON OR STEEL PROD-
UCT ALL MANUFACTURING MUST TAKE PLACE IN THE  UNITED  STATES,  FROM  THE
INITIAL MELTING STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METAL-
LURGICAL PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES; AND
  (II)  IN THE CASE OF A MANUFACTURED PRODUCT, A PRODUCT WILL BE CONSID-
ERED MANUFACTURED IN THE UNITED STATES IF:
  (A) ALL OF ITS  MANUFACTURING  PROCESSES  TAKE  PLACE  IN  THE  UNITED
STATES, AND
  (B)  MORE  THAN  SIXTY  PERCENT  OF THE COMPONENTS OF THE MANUFACTURED
GOOD, BY COST, ARE OF DOMESTIC ORIGIN.  IF,  UNDER  THE  TERMS  OF  THIS
SUBPARAGRAPH,  A  COMPONENT  IS DETERMINED TO BE OF DOMESTIC ORIGIN, ITS
ENTIRE COST MAY BE USED IN CALCULATING THE COST OF DOMESTIC  CONTENT  OF
AN END PRODUCT.
  (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
THE UNITED STATES.
  S  7.  Severability. If any provisions of this act, or the application
thereof to any person or circumstance, is held invalid, such  invalidity
shall  not affect other provisions or applications of this act which can
be given effect without the invalid provisions or  application,  and  to
that extent, the provisions of this act are declared to be severable.
  S 8. This act shall take effect immediately.

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Assembly Bill A9701

Sponsored By

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

2015-A9701 (ACTIVE) - Details

2015-A9701 (ACTIVE) - Summary

2015-A9701 (ACTIVE) - Bill Text download pdf

Comments

Assembly Bill A9701

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Sponsored By

CUSICK

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Karl Brabenec

Matthew Titone

2015-A9701 (ACTIVE) - Details

2015-A9701 (ACTIVE) - Summary

2015-A9701 (ACTIVE) - Bill Text download pdf

Comments