NY State Senate Bill 2017-S6639A

Archive: Last Bill Status Via A8427 - Signed by Governor

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Dec 15, 2017	signed chap.451
Dec 06, 2017	delivered to governor
Jun 21, 2017	returned to assembly passed senate 3rd reading cal.2179 substituted for s6639a
Jun 21, 2017	substituted by a8427a ordered to third reading cal.2179
Jun 18, 2017	print number 6639a
Jun 18, 2017	amend (t) and recommit to rules
Jun 09, 2017	referred to rules

Votes

- Jun 21, 2017 - Floor Vote
  A8427
  
  62
  
  Aye
  
  0
  
  Nay
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 21, 2017
      
      aye (62)
      
      Addabbo Jr.
      
      Akshar
      
      Alcantara
      
      Amedore
      
      Avella
      
      Bailey
      
      Benjamin
      
      Bonacic
      
      Boyle
      
      Breslin
      
      Brooks
      
      Carlucci
      
      Comrie
      
      Croci
      
      DeFrancisco
      
      Diaz
      
      Dilan
      
      Felder
      
      Flanagan
      
      Funke
      
      Gallivan
      
      Gianaris
      
      Golden
      
      Griffo
      
      Hamilton
      
      Hannon
      
      Helming
      
      Hoylman-Sigal
      
      Jacobs
      
      Kaminsky
      
      Kennedy
      
      Klein
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Latimer
      
      Little
      
      Marcellino
      
      Marchione
      
      Montgomery
      
      Murphy
      
      O'Mara
      
      Ortt
      
      Parker
      
      Peralta
      
      Persaud
      
      Phillips
      
      Ranzenhofer
      
      Ritchie
      
      Rivera
      
      Robach
      
      Savino
      
      Serino
      
      Serrano
      
      Seward
      
      Squadron
      
      Stavisky
      
      Stewart-Cousins
      
      Tedisco
      
      Valesky
      
      Young
      
      absent (1)
      
      Sanders Jr.
  Jun 21, 2017 - Rules Committee Vote
  S6639A
  
  22
  
  Aye
  
  1
  
  Nay
  
  2
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 21, 2017
      
      aye (22)
      
      Bonacic
      
      Breslin
      
      Carlucci
      
      DeFrancisco
      
      Dilan
      
      Flanagan
      
      Gianaris
      
      Griffo
      
      Hannon
      
      Kennedy
      
      Krueger
      
      LaValle
      
      Lanza
      
      Larkin
      
      Marcellino
      
      Montgomery
      
      Robach
      
      Savino
      
      Seward
      
      Squadron
      
      Stewart-Cousins
      
      Valesky
      
      nay (1)
      
      Parker
      
      aye wr (2)
      
      Little
      
      Ranzenhofer

Bill Amendments

Original

A (Active)

co-Sponsors

View additional co-sponsors

2017-S6639 - Details

See Assembly Version of this Bill:: A8427
Law Section:: State Finance Law
Laws Affected:: Amd §146, St Fin L; amd §2603-a, Pub Auth L

2017-S6639 - Summary

Enacts the "New York Buy American act"; provides that all contracts over one million dollars in value and made and awarded by any department or agency of the state for the construction, reconstruction, alteration, repair, maintenance or improvement of any roads or bridges shall contain a provision that the iron, steel and concrete used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into such road or bridge, shall be produced or made in whole or substantial part in the United States, its territories or possessions; enacts provisions relating to a working group between NYS and Canada.

2017-S6639 - Sponsor Memo

                                 BILL NUMBER:  S6639

 TITLE OF BILL :

An act to amend the state finance law and the public authorities law,
in relation to enacting the "New York Buy American Act"; and providing
for the repeal of certain provisions upon expiration thereof

 PURPOSE :

The purpose of this bill is to ensure that American produced materials
are given preference on state sponsored procurements.

 SUMMARY PROVISIONS :

Section one of the bill is the title; "New York State Buy American
Act"

Section two of the bill amends section 146 of the state finance law as
added by chapter 1014 of the laws of 1981

Section three of the bill Section 2603-a of the public authorities
law, added by chapter 441 of the laws of 1983, is amended

Section four This act shall take effect on January 1st, 2018 and shall
apply to any state contracts executed and entered into on or after

such a date and shall exclude contracts that have been previously
awarded or have pending bids or pending requests for proposals issued
as of January 1, 2018, and shall not apply to projects that have
completed project design and environmental studies prior to such date.

 JUSTIFICATION :

The production of iron, steel and concrete products provides jobs and
family income to many individuals in this State and, in turn, the jobs
and family incomes of millions of persons in the United States.

The economy and general welfare of the State and its people and the
economy and general welfare of the United States are inseparably
linked to the preservation and development of iron, steel and concrete
in this State, as well as all the other states of this nation.
Recognizing this link, it should be the policy of this State that its
taxpayer dollars be reinvested with its individual and employer tax in
order to foster job retention and growth, particularly within this
sector, and to ensure a broad and healthy tax and user base for future
investments vital to the State's infrastructure.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect January 1, 2018.

2017-S6639 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6639
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sens.  ROBACH,  AVELLA,  CROCI, FUNKE, GALLIVAN, HANNON,
   JACOBS, LANZA, MARCHIONE, MURPHY -- read twice  and  ordered  printed,
   and when printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law and the public authorities law, in
   relation  to  enacting  the "New York Buy American Act"; and providing
   for the repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York Buy American Act".
   § 2. Section 146 of the state finance law, as added by chapter 1014 of
 the laws of 1981, is amended to read as follows:
   § 146. Certain construction contracts involving steel.    1.  Notwith-
 standing  any  other  provisions  of law, all contracts over one hundred
 thousand dollars in value made and awarded by any department  or  agency
 of  the  state for the construction, reconstruction, alteration, repair,
 maintenance or improvement of any public works shall require that struc-
 tural steel, reinforcing steel and/or other  major  steel  items  to  be
 incorporated  in  the  work of the contract shall be produced or made in
 whole or substantial part in  the  United  States,  its  territories  or
 possessions.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 ALL CONTRACTS OVER ONE MILLION DOLLARS IN VALUE AND MADE AND AWARDED  BY
 ANY  DEPARTMENT  OR  AGENCY  OF  THE  STATE FOR THE CONSTRUCTION, RECON-
 STRUCTION, ALTERATION, REPAIR, MAINTENANCE OR IMPROVEMENT OF  ANY  ROADS
 OR  BRIDGES, SHALL CONTAIN A PROVISION THAT THE IRON, STEEL AND CONCRETE
 USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR  ANY  SUBCONTRACT
 THERETO  AND PERMANENTLY INCORPORATED INTO SUCH ROAD OR BRIDGE, SHALL BE
 PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES,  ITS
 TERRITORIES  OR POSSESSIONS. IN THE CASE OF AN IRON OR STEEL PRODUCT ALL
 MANUFACTURING MUST TAKE PLACE IN THE UNITED  STATES,  FROM  THE  INITIAL
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13106-03-7

 S. 6639                             2
 
 MELTING  STAGE THROUGH THE APPLICATION OF COATINGS, EXCEPT METALLURGICAL
 PROCESSES INVOLVING THE REFINEMENT OF STEEL ADDITIVES. FOR THE  PURPOSES
 OF THIS SECTION, "PERMANENTLY INCORPORATED" SHALL MEAN AN IRON, STEEL OR
 CONCRETE  PRODUCT  THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE
 PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO  THE  PUBLIC  WORK  OR
 PUBLIC  BUILDING  TO WHICH IT WAS INCORPORATED. IRON, STEEL AND CONCRETE
 PRODUCTS THAT ARE CAPABLE OF BEING MOVED FROM ONE  LOCATION  TO  ANOTHER
 ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC BUILDING OR PUBLIC WORK.
   3.  The  provisions of this section shall not apply if the head of the
 department or agency constructing the public works, in his OR  HER  sole
 discretion,  determines  that such provisions would not be in the public
 interest, would result in unreasonable costs or that such IRON OR  steel
 cannot  be  produced  or  made  in  the  United States in sufficient and
 reasonably available quantities and of satisfactory  quality,  OR  WOULD
 RESULT  IN  THE  LOSS  OR  REDUCTION  OF FEDERAL FUNDING FOR THE SUBJECT
 CONTRACT.
   4. FOR THE PURPOSES OF  THIS  SECTION,  "CONTRACTOR"  SHALL  MEAN  ANY
 PERSON,  FIRM,  BUSINESS  ENTERPRISE,  INCLUDING  A SOLE PROPRIETORSHIP,
 PARTNERSHIP, LIMITED  LIABILITY  COMPANY  OR  CORPORATION,  ASSOCIATION,
 NOT-FOR-PROFIT  CORPORATION, OR ANY OTHER PARTY TO A STATE CONTRACT WITH
 A STATE ENTITY.
   § 3. Section 2603-a of the public authorities law, as added by chapter
 441 of the laws of 1983, is amended to read as follows:
   § 2603-a. Letting of certain contracts involving  steel  products.  1.
 Notwithstanding any other provision of law, all public authorities shall
 award contracts involving steel products as follows:
   a.  All purchase contracts for supplies, material or equipment involv-
 ing an estimated expenditure in excess of fifty thousand  dollars  shall
 require  with  respect  to  materials,  supplies  and equipment made of,
 fabricated from, or containing steel components, that such steel  compo-
 nents  be  produced  or  made in whole or substantial part in the United
 States, its territories or possessions. The provisions of this paragraph
 shall not apply to motor vehicles and automobile equipment assembled  in
 Canada  in  conformity  with the United States-Canadian trade agreements
 known as the "Automotive Products Trade Act of 1965" or  any  amendments
 thereto.
   b.  All  contracts  in  excess of one hundred thousand dollars for the
 construction,  reconstruction,  alteration,   repair,   maintenance   or
 improvement  of  public  works  shall require that all structural steel,
 reinforcing steel or other major steel items to be incorporated  in  the
 work  of  the contract shall be produced or made in whole or substantial
 part in the United States, its territories or possessions.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 ALL  CONTRACTS OVER ONE MILLION DOLLARS IN VALUE MADE AND AWARDED BY ANY
 PUBLIC  AUTHORITY  FOR  THE  CONSTRUCTION,  RECONSTRUCTION,  ALTERATION,
 REPAIR,  MAINTENANCE OR IMPROVEMENT OF ANY ROAD OR BRIDGE, SHALL CONTAIN
 A PROVISION THAT THE IRON, STEEL AND CONCRETE USED OR  SUPPLIED  IN  THE
 PERFORMANCE  OF  THE CONTRACT OR ANY SUBCONTRACT THERETO AND PERMANENTLY
 INCORPORATED INTO THE ROAD OR BRIDGE SHALL BE PRODUCED OR MADE IN  WHOLE
 OR   SUBSTANTIAL   PART   IN  THE  UNITED  STATES,  ITS  TERRITORIES  OR
 POSSESSIONS. IN THE CASE OF AN IRON OR STEEL PRODUCT  ALL  MANUFACTURING
 MUST  TAKE  PLACE  IN  THE UNITED STATES, FROM THE INITIAL MELTING STAGE
 THROUGH THE APPLICATION  OF  COATINGS,  EXCEPT  METALLURGICAL  PROCESSES
 INVOLVING  THE  REFINEMENT  OF  STEEL  ADDITIVES.  FOR  PURPOSES OF THIS
 SECTION,  "PERMANENTLY  INCORPORATED"  SHALL  MEAN  AN  IRON,  STEEL  OR
 CONCRETE  PRODUCT  THAT IS REQUIRED TO REMAIN IN PLACE AT THE END OF THE

 S. 6639                             3
 
 PROJECT CONTRACT, IN A FIXED LOCATION, AFFIXED TO  THE  PUBLIC  WORK  OR
 PUBLIC  BUILDING  TO  WHICH IT WAS INCORPORATED. IRON AND STEEL PRODUCTS
 THAT ARE CAPABLE OF BEING MOVED FROM ONE LOCATION  TO  ANOTHER  ARE  NOT
 PERMANENTLY INCORPORATED INTO A PUBLIC BUILDING OR PUBLIC WORK.
   3.  The  provisions  of  this section shall not apply if the governing
 board or body of such public authority, in  its  discretion,  determines
 that  such  provisions  would  result in unreasonable costs or that such
 IRON, steel products or steel components cannot be produced or  made  in
 the  United  States in sufficient and reasonably available quantities or
 of satisfactory quality or design,  OR  WOULD  RESULT  IN  THE  LOSS  OR
 REDUCTION OF FEDERAL FUNDING FOR THE SUBJECT CONTRACT.
   §  4.  A  workgroup consisting of representatives from New York state,
 Canada and the provinces of Ontario and Quebec,  shall  hold  its  first
 meeting  within  sixty days of the effective date of this act, and shall
 meet as long as necessary for the purposes  of  Canadian  and  New  York
 reciprocal  access for its manufacturers to projects that are covered by
 this act and which are in New  York  state,  Ontario  and  Quebec.  Such
 agreements  shall  be  consistent  and  not  supersede any provisions of
 formal trade agreements established by the  governments  of  the  United
 States  and Canada.  There shall be twelve representatives from New York
 state, four appointed by the governor, three appointed by the  temporary
 president of the senate, three appointed by the speaker of the assembly,
 one appointed by the minority leader of the senate, and one appointed by
 the minority leader of the assembly.
   § 5. This act shall take effect January 1, 2018 and shall apply to any
 state  contracts  executed  and  entered  into on or after such date and
 shall exclude such contracts that have been previously awarded  or  have
 pending  bids  or pending requests for proposals issued as of January 1,
 2018, and shall not apply to projects that have completed project design
 and environmental studies prior to such date;  provided,  however,  that
 section  four  of this act shall expire and be deemed repealed two years
 after this act shall have become a law.

co-Sponsors

View additional co-sponsors

2017-S6639A (ACTIVE) - Details

See Assembly Version of this Bill:: A8427
Law Section:: State Finance Law
Laws Affected:: Amd §146, St Fin L; amd §2603-a, Pub Auth L

2017-S6639A (ACTIVE) - Summary

2017-S6639A (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6639A      Revised 6/19/17

 TITLE OF BILL :  An act to amend the state finance law and the public
authorities law, in relation to enacting the "New York Buy American
Act"; and providing for the repeal of such provisions upon expiration
thereof

 PURPOSE :

The purpose of this bill is to ensure that American produced materials
are given preference on state sponsored procurements.

 SUMMARY PROVISIONS :

Section one of the bill is the title; "New York State Buy American
Act"

Section two of the bill amends section 146 of the state finance law as
added by chapter 1014 of the laws of 1981

Section three of the bill Section 2603-a of the public authorities
law, added by chapter 441 of the laws of 1983, is amended

Section four establishes a working group

Section five: This act shall take effect on April 1st, 2018 and shall

apply to any state contracts executed and entered into on or after
such a date and shall exclude contracts that have been previously
awarded or have pending bids or pending requests for proposals issued
as of April 1, 2018, and shall not apply to projects that have
completed project design and environmental studies prior to such date;
provided, however, that this act shall expire and be deemed repealed
April 15, 2020.

 JUSTIFICATION :

The production of iron and steel products provides jobs and family
income to many individuals in this State and, in turn, the jobs and
family incomes of millions of persons in the United States.

The economy and general welfare of the State and its people and the
economy and general welfare of the United States are inseparably
linked to the preservation and development of iron and steel in this
State, as well as all the other states of this nation. Recognizing
this link, it should be the policy of this State that its taxpayer
dollars be reinvested with its individual and employer tax in order to
foster job retention and growth, particularly within this sector, and
to ensure a broad and healthy tax and user base for future investments
vital to the State's infrastructure.

 LEGISLATIVE HISTORY :

New Bill

 FISCAL IMPLICATIONS :

TBD

 EFFECTIVE DATE :
This act shall take effect April 1, 2018.

2017-S6639A (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  6639--A
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                               June 9, 2017
                                ___________
 
 Introduced  by  Sens.  ROBACH,  AKSHAR,  AVELLA,  BONACIC, CROCI, FUNKE,
   GALLIVAN, HAMILTON, HANNON, HELMING, JACOBS, LANZA, MARCHIONE, MURPHY,
   PERALTA, SAVINO, YOUNG -- read twice and  ordered  printed,  and  when
   printed  to  be  committed  to  the  Committee  on  Rules -- committee
   discharged, bill amended, ordered reprinted as amended and recommitted
   to said committee
 
 AN ACT to amend the state finance law and the public authorities law, in
   relation to enacting the "New York Buy American  Act";  and  providing
   for the repeal of such provisions upon expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "New York Buy American Act".
   § 2. Section 146 of the state finance law, as added by chapter 1014 of
 the laws of 1981, is amended to read as follows:
   §  146.  Certain  construction contracts involving steel.  1. Notwith-
 standing any other provisions of law, all  contracts  over  one  hundred
 thousand  dollars  in value made and awarded by any department or agency
 of the state for the construction, reconstruction,  alteration,  repair,
 maintenance or improvement of any public works shall require that struc-
 tural  steel,  reinforcing  steel  and/or  other major steel items to be
 incorporated in the work of the contract shall be produced  or  made  in
 whole  or  substantial  part  in  the  United States, its territories or
 possessions.
   2. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS  SECTION,
 ALL  CONTRACTS OVER ONE MILLION DOLLARS IN VALUE AND MADE AND AWARDED BY
 THE DEPARTMENT OF TRANSPORTATION, THE OFFICE OF  GENERAL  SERVICES,  AND
 THE STATE UNIVERSITY OF NEW YORK CONSTRUCTION FUND FOR THE CONSTRUCTION,
 RECONSTRUCTION,  ALTERATION,  REPAIR,  MAINTENANCE OR IMPROVEMENT OF ANY
 SURFACE ROADS OR BRIDGES, SHALL CONTAIN A PROVISION THAT THE  STRUCTURAL
 IRON  AND  STRUCTURAL  STEEL  USED OR SUPPLIED IN THE PERFORMANCE OF THE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13106-09-7

 S. 6639--A                          2
 
 CONTRACT OR ANY SUBCONTRACT THERETO AND  PERMANENTLY  INCORPORATED  INTO
 SUCH  SURFACE  ROAD  OR  BRIDGE,  SHALL  BE PRODUCED OR MADE IN WHOLE OR
 SUBSTANTIAL PART IN THE UNITED STATES, ITS TERRITORIES  OR  POSSESSIONS.
 IN  THE  CASE OF A STRUCTURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANU-
 FACTURING MUST TAKE PLACE IN THE UNITED STATES, FROM THE INITIAL MELTING
 STAGE THROUGH THE APPLICATION OF COATINGS,  EXCEPT  METALLURGICAL  PROC-
 ESSES  INVOLVING  THE REFINEMENT OF STEEL ADDITIVES. FOR THE PURPOSES OF
 THIS SECTION, "PERMANENTLY INCORPORATED" SHALL MEAN  AN  IRON  OR  STEEL
 PRODUCT  THAT  IS  REQUIRED TO REMAIN IN PLACE AT THE END OF THE PROJECT
 CONTRACT, IN A FIXED LOCATION, AFFIXED TO THE PUBLIC WORK  TO  WHICH  IT
 WAS  INCORPORATED.  IRON  AND  STEEL  PRODUCTS THAT ARE CAPABLE OF BEING
 MOVED FROM ONE LOCATION TO ANOTHER ARE NOT PERMANENTLY INCORPORATED INTO
 A PUBLIC WORK.
   3. The provisions of this section shall not apply if the head  of  the
 department  or  agency constructing the public works, in his OR HER sole
 discretion, determines that such provisions would not be in  the  public
 interest, would result in unreasonable costs or that such IRON OR steel,
 INCLUDING  WITHOUT  LIMITATION  STRUCTURAL  IRON  AND  STRUCTURAL STEEL,
 cannot be produced or made  in  the  United  States  in  sufficient  and
 reasonably available quantities and of satisfactory quality[.], OR WOULD
 RESULT  IN  THE  LOSS  OR  REDUCTION  OF FEDERAL FUNDING FOR THE SUBJECT
 CONTRACT OR THE ABILITY TO OBTAIN SUCH FEDERAL FUNDING WOULD BE  LIMITED
 OR  JEOPARDIZED BY COMPLIANCE WITH THIS  SECTION; OR THERE IS AN IMMEDI-
 ATE OR EMERGENCY NEED EXISTING FOR THE STRUCTURAL  STEEL  OR  STRUCTURAL
 IRON;  OR THE STRUCTURAL STEEL OR STRUCTURAL IRON IS NOT MANUFACTURED IN
 THE UNITED STATES IN SUFFICIENT AND REASONABLY AVAILABLE  QUANTITIES  OR
 OF  SATISFACTORY  QUALITY OR DESIGN TO MEET THE DEPARTMENT'S OR AGENCY'S
 REQUIREMENTS; OR OBTAINING SUCH STEEL OR IRON IN THE UNITED STATES WOULD
 INCREASE THE COST OF THE CONTRACT BY AN  UNREASONABLE  AMOUNT;  OR  SUCH
 STEEL  OR  IRON IS NECESSARY FOR THE OPERATION OF OR REPAIRS OF CRITICAL
 INFRASTRUCTURE THAT IS NECESSARY TO AVOID A DELAY  IN  THE  DELIVERY  OF
 CRITICAL  SERVICES THAT COULD COMPROMISE THE PUBLIC WELFARE; OR A RECIP-
 ROCAL TRADE AGREEMENT OR TREATY HAS BEEN NEGOTIATED BY THE STATE  OR  BY
 THE UNITED STATES GOVERNMENT ON BEHALF OF OR INCLUDING THIS STATE WITH A
 FOREIGN NATION OR GOVERNMENT FOR NONDISCRIMINATORY GOVERNMENTAL PROCURE-
 MENT PRACTICES OR POLICIES WITH SUCH FOREIGN NATION OR GOVERNMENT.
   4.  NOTHING  IN  THIS  SECTION  IS INTENDED TO CONTRAVENE ANY EXISTING
 TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
 SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY  FOREIGN  COUNTRIES
 AND THE STATE OR THE UNITED STATES.
   5.  ANY  AGENCY  SUBJECT  TO  THE  PROVISIONS OF THIS SECTION SHALL BE
 AUTHORIZED TO ESTABLISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINIS-
 TRATION OF THIS SECTION, PROVIDED HOWEVER, NOTHING IN THIS SECTION SHALL
 BE INTERPRETED TO REQUIRE A CONTRACTOR TO CERTIFY  THAT  THE  STRUCTURAL
 IRON  OR  STRUCTURAL  STEEL  USED  IN  A ROAD OR BRIDGE PURSUANT TO THIS
 SECTION IS MADE IN WHOLE OR IN SUBSTANTIAL PART IN THE UNITED STATES.
   § 3. Section 2603-a of the public authorities law, as added by chapter
 441 of the laws of 1983, is amended to read as follows:
   § 2603-a. Letting of certain contracts involving  steel  products.  1.
 Notwithstanding any other provision of law, all public authorities shall
 award contracts involving steel products as follows:
   a.  All purchase contracts for supplies, material or equipment involv-
 ing an estimated expenditure in excess of fifty thousand  dollars  shall
 require  with  respect  to  materials,  supplies  and equipment made of,
 fabricated from, or containing steel components, that such steel  compo-
 nents  be  produced  or  made in whole or substantial part in the United

 S. 6639--A                          3
 
 States, its territories or possessions. The provisions of this paragraph
 shall not apply to motor vehicles and automobile equipment assembled  in
 Canada  in  conformity  with the United States-Canadian trade agreements
 known  as  the "Automotive Products Trade Act of 1965" or any amendments
 thereto.
   b. All contracts in excess of one hundred  thousand  dollars  for  the
 construction,   reconstruction,   alteration,   repair,  maintenance  or
 improvement of public works shall require  that  all  structural  steel,
 reinforcing  steel  or other major steel items to be incorporated in the
 work of the contract shall be produced or made in whole  or  substantial
 part in the United States, its territories or possessions.
   2.  NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION ONE OF THIS SECTION,
 ALL CONTRACTS OVER ONE MILLION DOLLARS IN VALUE MADE AND AWARDED BY  THE
 DORMITORY  AUTHORITY,  THE  METROPOLITAN  TRANSPORTATION  AUTHORITY, THE
 BRIDGE AUTHORITY OR THE THRUWAY AUTHORITY, ON ITS  ACCOUNT  OR  FOR  THE
 BENEFIT  OF  A  STATE  AGENCY OR AUTHORITY, FOR THE CONSTRUCTION, RECON-
 STRUCTION, ALTERATION, REPAIR, MAINTENANCE OR IMPROVEMENT OF ANY ROAD OR
 BRIDGE, SHALL CONTAIN A PROVISION THAT THE STRUCTURAL  IRON  AND  STRUC-
 TURAL  STEEL  USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY
 SUBCONTRACT THERETO AND PERMANENTLY INCORPORATED INTO THE  SURFACE  ROAD
 OR  BRIDGE SHALL BE PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN THE
 UNITED STATES, ITS TERRITORIES OR POSSESSIONS. IN THE CASE OF  A  STRUC-
 TURAL IRON OR STRUCTURAL STEEL PRODUCT ALL MANUFACTURING MUST TAKE PLACE
 IN  THE UNITED STATES, FROM THE INITIAL MELTING STAGE THROUGH THE APPLI-
 CATION OF COATINGS, EXCEPT METALLURGICAL PROCESSES INVOLVING THE REFINE-
 MENT OF STEEL ADDITIVES. FOR  PURPOSES  OF  THIS  SECTION,  "PERMANENTLY
 INCORPORATED"  SHALL  MEAN  AN IRON OR STEEL PRODUCT THAT IS REQUIRED TO
 REMAIN IN PLACE AT THE END OF THE PROJECT CONTRACT, IN A FIXED LOCATION,
 AFFIXED TO THE PUBLIC WORK TO WHICH IT WAS INCORPORATED. IRON AND  STEEL
 PRODUCTS  THAT  ARE  CAPABLE OF BEING MOVED FROM ONE LOCATION TO ANOTHER
 ARE NOT PERMANENTLY INCORPORATED INTO A PUBLIC BUILDING OR PUBLIC WORK.
   3. The provisions of this section shall not  apply  if  the  governing
 board  or  body  of such public authority, in its discretion, determines
 that such provisions would result in unreasonable  costs  or  that  such
 IRON,  steel  products  or steel components INCLUDING WITHOUT LIMITATION
 STRUCTURAL IRON AND STEEL; cannot be produced  or  made  in  the  United
 States in sufficient and reasonably available quantities or of satisfac-
 tory  quality  or design[.], OR WOULD RESULT IN THE LOSS OR REDUCTION OF
 FEDERAL FUNDING FOR THE SUBJECT CONTRACT OR THE ABILITY TO  OBTAIN  SUCH
 FEDERAL  FUNDING WOULD BE LIMITED OR JEOPARDIZED BY COMPLIANCE WITH THIS
 SECTION; OR THERE IS AN IMMEDIATE OR EMERGENCY NEED  EXISTING  FOR  SUCH
 STRUCTURAL  IRON,  STRUCTURAL  STEEL PRODUCTS OR STRUCTURAL STEEL COMPO-
 NENTS; OR SUCH STEEL OR IRON IS NOT MANUFACTURED IN THE UNITED STATES IN
 SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES OR OF SATISFACTORY QUALI-
 TY OR DESIGN TO MEET THE AUTHORITY'S REQUIREMENTS; OR OBTAINING FOR SUCH
 IRON, STEEL PRODUCTS OR STEEL COMPONENTS  IN  THE  UNITED  STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT; OR FOR SUCH
 IRON,  STEEL PRODUCTS OR STEEL COMPONENTS IS NECESSARY FOR THE OPERATION
 OF OR REPAIRS OF CRITICAL INFRASTRUCTURE THAT IS NECESSARY  TO  AVOID  A
 DELAY  IN  THE  DELIVERY  OF CRITICAL SERVICES THAT COULD COMPROMISE THE
 PUBLIC WELFARE; OR A RECIPROCAL TRADE AGREEMENT  OR  TREATY  HAS    BEEN
 NEGOTIATED  BY THE STATE OR BY THE UNITED STATES GOVERNMENT ON BEHALF OF
 OR INCLUDING THIS STATE WITH A FOREIGN NATION OR GOVERNMENT FOR  NONDIS-
 CRIMINATORY  GOVERNMENTAL  PROCUREMENT  PRACTICES  OR POLICIES WITH SUCH
 FOREIGN NATION OR GOVERNMENT.

 S. 6639--A                          4
 
   4. NOTHING IN THIS SECTION IS  INTENDED  TO  CONTRAVENE  ANY  EXISTING
 TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
 SUBSEQUENT  TRADE  AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
 AND THE STATE OR THE UNITED STATES.
   5.  ANY  AUTHORITY  SUBJECT TO THE PROVISIONS OF THIS SECTION SHALL BE
 AUTHORIZED TO ESTABLISH RULES AND REGULATIONS FOR THE EFFECTIVE ADMINIS-
 TRATION OF THIS SECTION, PROVIDED HOWEVER, NOTHING IN THIS SECTION SHALL
 BE INTERPRETED TO REQUIRE A CONTRACTOR TO CERTIFY THAT THE IRON OR STEEL
 USED IN A ROAD OR BRIDGE PURSUANT TO THIS SECTION IS MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN THE UNITED STATES.
   § 4. A workgroup shall be convened to evaluate reciprocal trade access
 for any foreign state that may be significantly impacted by  the  imple-
 mentation of this act to the detriment of New York state, the provisions
 of  any  formal  trade  agreements established by the governments of the
 United States and such foreign state, the expansion of  the  application
 of this act to include other products manufactured in the United States,
 which shall include but not be limited to concrete, cement and aluminum,
 the certification processes for these products, and the fiscal impact of
 such  implementation and expansion of this act.  Additionally, the work-
 group shall report on the impact of this act on the capital plans of the
 department of transportation, the metropolitan transportation authority,
 and the thruway authority, including but not limited to  any  amendments
 to  such  capital plans necessary as a result of this act, any change in
 cost of projects as a result of this act, and any cost savings discerni-
 ble due to quality improvements or maintenance reductions due to materi-
 als used as a result of this act.  The members of  the  workgroup  shall
 consist   of  seven  representatives  appointed  by  the  governor,  two
 appointed by the temporary president of the senate, two appointed by the
 speaker of the assembly, one appointed by the  minority  leader  of  the
 senate,  and  one  appointed by the minority leader of the assembly. The
 workgroup shall be chaired by a designee of the governor. The chair  may
 appoint other state agencies or public authorities which may prove bene-
 ficial  to  the  workgroup as ad hoc members. The chair may also appoint
 individuals and representatives of organizations other than state  agen-
 cies  and  public  authorities to an advisory committee to advise on any
 aspect of its functions and  duties.  The  workgroup  shall  provide  an
 interim  report  on their findings to the governor, the temporary presi-
 dent of the senate and the speaker of the assembly on or before  January
 1, 2019 and a final report on January 1, 2020.
   §  5.  This act shall take effect April 1, 2018 and shall apply to any
 state contracts executed and entered into on  or  after  such  date  and
 shall  exclude  such contracts that have been previously awarded or have
 pending bids or pending requests for proposals issued  as  of  April  1,
 2018, and shall not apply to projects that have commenced project design
 and  environmental  studies  prior to such date; provided, however, that
 this act shall expire and be deemed repealed April 15, 2020.

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Senate Bill S6639A

Sponsored By

Archive: Last Bill Status Via A8427 - Signed by Governor

Jun 21, 2017 - Floor Vote

Floor Vote: Jun 21, 2017

Jun 21, 2017 - Rules Committee Vote

Rules Committee Vote: Jun 21, 2017

Bill Amendments

co-Sponsors

2017-S6639 - Details

2017-S6639 - Summary

2017-S6639 - Sponsor Memo

2017-S6639 - Bill Text download pdf

co-Sponsors

2017-S6639A (ACTIVE) - Details

2017-S6639A (ACTIVE) - Summary

2017-S6639A (ACTIVE) - Sponsor Memo

2017-S6639A (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S6639A

Share this bill

Sponsored By

Archive: Last Bill Status Via A8427 - Signed by Governor

Bill Amendments

co-Sponsors

2017-S6639 - Details

2017-S6639 - Summary

2017-S6639 - Sponsor Memo

2017-S6639 - Bill Text download pdf

co-Sponsors

2017-S6639A (ACTIVE) - Details

2017-S6639A (ACTIVE) - Summary

2017-S6639A (ACTIVE) - Sponsor Memo

2017-S6639A (ACTIVE) - Bill Text download pdf

Comments