NY State Senate Bill 2015-S7203

Archive: Last Bill Status - In Senate Committee Finance 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Apr 06, 2016	referred to finance

co-Sponsors

2015-S7203 (ACTIVE) - Details

See Assembly Version of this Bill:: A9701
Current Committee:: Senate Finance
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:: S3332, A4386

2015-S7203 (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-S7203 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S7203

 TITLE OF BILL :

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

 PURPOSE OR GENERAL IDEA OF BILL :

To establish the Made in America Rating System Act or the "MARS" Act
to encourage manufacturing in New York state.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1. Title. This act shall be known as the "made in America
rating system act" or the "MARS act".

Section 2. Section 146 of the state finance law is REPEALED and a new
section 146 is added.

Section 3. Section 2603-a of the public authorities law is REPEALED

and a 16 new section 2877-a is added.

Section 4. Section 38 of the highway law is amended by adding a new
subdivision 10.

Section 5. Section 103 of the general municipal law is amended by
adding a 14 new subdivision 17.

Section 6. Section 8 of the public buildings law is amended by adding
a new 27 subdivision 8.

Section 7. Severability clause.

Section 8. Effective Date.

 JUSTIFICATION :

Since 2000, more than 50,000 factories have closed their doors. The
country lost 3.5 million manufacturing jobs, half a million of which
were in high-tech industries such as telecommunications and
electronics. The loss of manufacturing has been particularly brutal
for New York State. Between 1970 and 2011, the Empire State has seen a
more than 75% decline in manufacturing jobs - from 1.8 million to
458,000. As we continue to see the state and nation lose manufacturing
jobs and dollars to other countries, this legislation establishes the
Made in America Rating System ("MARS") for all iron, steel, and
manufactured products used in government contracts. Upon establishment
of this rating system, the company whose product achieves the highest
rating on the MARS scale will be awarded the contract, provided the
product does not increase the cost of the project by more than 20% and
as long as the product meets the required safety and manufacturing
standards set by the state.

 PRIOR LEGISLATIVE HISTORY :

New Bill.

 FISCAL IMPLICATIONS :

To Be Determined.
 EFFECTIVE DATE :
Immediately.

2015-S7203 (ACTIVE) - Bill Text download pdf

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

                                  7203

                            I N  S E N A T E

                              April 6, 2016
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Finance

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

S. 7203                             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

S. 7203                             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

S. 7203                             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:

S. 7203                             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

S. 7203                             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;

S. 7203                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S7203

Sponsored By

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

2015-S7203 (ACTIVE) - Details

2015-S7203 (ACTIVE) - Summary

2015-S7203 (ACTIVE) - Sponsor Memo

2015-S7203 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S7203

Share this bill

Sponsored By

Diane J. Savino

Archive: Last Bill Status - In Senate Committee Finance Committee

co-Sponsors

David Carlucci

Andrew J. Lanza

2015-S7203 (ACTIVE) - Details

2015-S7203 (ACTIVE) - Summary

2015-S7203 (ACTIVE) - Sponsor Memo

2015-S7203 (ACTIVE) - Bill Text download pdf

Comments