NY State Senate Bill 2019-S8966

Archive: Last Bill Status - In Senate Committee Rules 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
Sep 04, 2020	referred to rules

2019-S8966 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §162-a, St Fin L; add §104-d, Gen Muni L; add §2877-a, Pub Auth L; add §12-a, Hway L
Versions Introduced in 2021-2022 Legislative Session:: S3908

2019-S8966 (ACTIVE) - Summary

Enacts the New York state buy American salt act to ensure all rock salt, or sodium chloride, used or supplied in the performance of a government contract or any subcontract thereto within the state shall be mined in the United States.

2019-S8966 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S8966

SPONSOR: KENNEDY
 
TITLE OF BILL:

An act to amend the state finance law, the general municipal law, the
public authorities law and the highway law, in relation to enacting the
New York state buy American salt act

 
SUMMARY OF PROVISIONS:

Section one amends the title of the bill as the "New York state buy
American salt act."

Section two amends the state finance law by adding a new Section 162a to
provide that any agency or authority purchasing rock salt must purchase
American mined salt, subject to waiver and other provisions.

Section three amends the general municipal law by adding a new section
104d to provide that any public agency or political subdivision purchas-
ing rock salt must purchase American mined salt, subject to waiver and
other provisions.

Section four amends the public authorities law by adding a new section
2877a to provide that any public authority within the state must
purchase American mined salt, subject to waiver and other provisions.

Section five amends the highway law by adding a new section 12a to
provide that any public authority purchasing rock salt must purchase
American mined salt, subject to waiver and other provisions.

Section six contains the severability clause. Section seven sets the
effective date.

 
JUSTIFICATION:

New York State has at least two salt mines in the state that provide
rock salt for road de-icing purposes, with these two large mines located
in Upstate New York. Despite these mines offering good paying jobs for
workers, competition with foreign salt operations has recently harmed
each mine. For example in 2019, a mine near Rochester laid off 260
employees when non-US companies were awarded over $18.8 million in state
contracts, representing about 7% of its overall business. Stories of
salt mined in Egypt sitting in ports along the Hudson River have become
common, despite our state and country having operational salt mines here
in the United States.

Salt mined in New York State adds an estimated $3.00 in tax revenue for
every ton of salt mined, providing a financial boon to the state and
various counties, in addition to employing workers, clearly showing the
fiscal and economic benefits to purchasing material produced in the
state. New York has previously prioritized the purchase of goods by
focusing on a buy American strategy, most recently in 2017 when the
Governor and Legislature agreed to prioritize American made steel in
state contracts. While purchasing American products does not necessarily
mean New York products will be purchased, it does present a legal frame-
work that still gives New York mines an advantage over foreign competi-
tion.

 
LEGISLATIVE HISTORY:

New Bill

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

TBD

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S8966 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8966
 
                             I N  S E N A T E
 
                             September 4, 2020
                                ___________
 
 Introduced  by  Sen. KENNEDY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the state finance law, the general  municipal  law,  the
   public  authorities  law  and the highway law, in relation to enacting
   the New York state buy American salt act
 
   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 state buy American salt act".
   § 2. The state finance law is amended by adding a new section 162-a to
 read as follows:
   § 162-A. THE NEW YORK STATE BUY AMERICAN SALT ACT. 1. USE OF  AMERICAN
 MATERIALS.    (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, EACH
 CONTRACT FOR PURCHASE OR PROCUREMENT  MADE  BY  A  PUBLIC  AGENCY  SHALL
 CONTAIN  A  PROVISION  THAT  THE  ROCK SALT, OR SODIUM CHLORIDE, USED OR
 SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY  SUBCONTRACT  THERETO
 SHALL BE MINED IN THE UNITED STATES.
   (B)  FOR THE PURPOSES OF SECTION ONE HUNDRED SIXTY-THREE OF THIS ARTI-
 CLE, NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE AND RELIABLE
 BIDDER AND NO BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID  OFFERED
 BY  SUCH BIDDER WILL COMPLY WITH THE CONTRACT TERM REQUIRED BY PARAGRAPH
 (A) OF THIS SUBDIVISION.
   (C) THE PROVISIONS OF PARAGRAPH (A)  OF  THIS  SUBDIVISION  SHALL  NOT
 APPLY  IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF A
 PUBLIC AGENCY FINDS:
   (I) THAT THE APPLICATION OF THIS SECTION WOULD  BE  INCONSISTENT  WITH
 THE PUBLIC INTEREST;
   (II)  THAT  SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN THE UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (III) THAT INCLUSION OF DOMESTIC MATERIAL WILL INCREASE  THE  COST  OF
 THE OVERALL PROCUREMENT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
   (D)  IF  THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER UNDER PARAGRAPH
 (C) OF THIS SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE  OF  AND  AN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets

                       [ ] is old law to be omitted.
                                                            LBD16749-01-0

 S. 8966                             2
 
 OPPORTUNITY  FOR  PUBLIC  COMMENT  ON  THE  REQUEST AT LEAST THIRTY DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II) REPRESENTED THAT  ANY  ROCK  SALT,  OR  SODIUM  CHLORIDE  PRODUCT
 PROCURED  IN  A  CONTRACT  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.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS ARTICLE;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY  OF  THE  UNITED  STATES,  FROM THE INITIAL SEPARATION FROM THE
 EARTH THROUGH THE ADDITION OF ANY  ADDITIVES  NECESSARY  FOR  COMMERCIAL
 SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  3.  The  general  municipal  law is amended by adding a new section
 104-d to read as follows:
   § 104-D. THE NEW YORK STATE BUY AMERICAN SALT ACT. 1. USE OF  AMERICAN
 MATERIALS.    (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW, EACH
 CONTRACT FOR PURCHASE OR PROCUREMENT MADE BY A PUBLIC AGENCY OF A  POLI-
 TICAL SUBDIVISION SHALL CONTAIN A PROVISION THAT THE ROCK SALT, OR SODI-
 UM  CHLORIDE, USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY
 SUBCONTRACT THERETO SHALL BE MINED IN THE UNITED STATES.
   (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
 ABLE  BIDDER  AND  NO  BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID

 S. 8966                             3
 
 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT  TERM  REQUIRED  BY
 PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF  A
 PUBLIC AGENCY FINDS:
   (I)  THAT  THE  APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH
 THE PUBLIC INTEREST;
   (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN  THE  UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (III)  THAT  INCLUSION  OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
 THE OVERALL PROCUREMENT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
   (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER  UNDER  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II) REPRESENTED THAT  ANY  ROCK  SALT,  OR  SODIUM  CHLORIDE  PRODUCT
 PROCURED  IN  A  CONTRACT  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.
   (H) 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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY OF THE UNITED STATES, FROM  THE  INITIAL  SEPARATION  FROM  THE

 S. 8966                             4
 
 EARTH  THROUGH  THE  ADDITION  OF ANY ADDITIVES NECESSARY FOR COMMERCIAL
 SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  4.  The  public  authorities law is amended by adding a new section
 2877-a to read as follows:
   § 2877-A. THE NEW YORK STATE BUY AMERICAN SALT ACT. 1. USE OF AMERICAN
 MATERIALS.   (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF  LAW,  EACH
 CONTRACT  FOR  PURCHASE  OR PROCUREMENT MADE BY A PUBLIC AUTHORITY SHALL
 CONTAIN A PROVISION THAT THE ROCK SALT,  OR  SODIUM  CHLORIDE,  USED  OR
 SUPPLIED  IN  THE PERFORMANCE OF THE CONTRACT OR ANY SUBCONTRACT THERETO
 SHALL BE MINED IN THE UNITED STATES.
   (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
 ABLE  BIDDER  AND  NO  BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID
 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT  TERM  REQUIRED  BY
 PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF  A
 PUBLIC AGENCY FINDS:
   (I)  THAT  THE  APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH
 THE PUBLIC INTEREST;
   (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN  THE  UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (III)  THAT  INCLUSION  OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
 THE OVERALL PROCUREMENT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
   (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER  UNDER  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G) 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 ROCK SALT, OR SODIUM  CHLORIDE
 PRODUCT  USED  IN  PROJECTS  TO  WHICH  THIS SECTION APPLIES, SOLD IN OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II) REPRESENTED THAT  ANY  ROCK  SALT,  OR  SODIUM  CHLORIDE  PRODUCT
 PROCURED  IN  A  CONTRACT  TO  WHICH  THIS  SECTION APPLIES THAT WAS NOT
 PRODUCED IN THE UNITED STATES, WAS PRODUCED IN THE UNITED  STATES;  THEN

 S. 8966                             5
 
 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.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B) "PUBLIC AGENCY" MEANS A STATE, LOCAL OR  INTERSTATE  AUTHORITY  AS
 THOSE TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY  OF  THE  UNITED  STATES,  FROM THE INITIAL SEPARATION FROM THE
 EARTH THROUGH THE ADDITION OF ANY  ADDITIVES  NECESSARY  FOR  COMMERCIAL
 SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   §  5.  The highway law is amended by adding a new section 12-a to read
 as follows:
   § 12-A. THE NEW YORK STATE BUY AMERICAN SALT ACT. 1. USE  OF  AMERICAN
 MATERIALS. (A) NOTWITHSTANDING ANY OTHER PROVISION OF LAW, EACH CONTRACT
 FOR  PURCHASE  OR PROCUREMENT MADE BY A PUBLIC AUTHORITY SHALL CONTAIN A
 PROVISION THAT THE ROCK SALT, OR SODIUM CHLORIDE, USED  OR  SUPPLIED  IN
 THE  PERFORMANCE  OF  THE  CONTRACT  OR ANY SUBCONTRACT THERETO SHALL BE
 MINED IN THE UNITED STATES.
   (B) NO BIDDER SHALL BE DEEMED TO BE THE LOWEST RESPONSIBLE  AND  RELI-
 ABLE  BIDDER  AND  NO  BID SHALL BE DEEMED THE BEST VALUE UNLESS THE BID
 OFFERED BY SUCH BIDDER WILL COMPLY WITH THE CONTRACT  TERM  REQUIRED  BY
 PARAGRAPH (A) OF THIS SUBDIVISION.
   (C)  THE  PROVISIONS  OF  PARAGRAPH  (A) OF THIS SUBDIVISION SHALL NOT
 APPLY IN ANY CASE OR CATEGORY OF CASES IN WHICH THE EXECUTIVE HEAD OF  A
 PUBLIC AGENCY FINDS:
   (I)  THAT  THE  APPLICATION OF THIS SECTION WOULD BE INCONSISTENT WITH
 THE PUBLIC INTEREST;
   (II) THAT SUCH MATERIALS AND PRODUCTS ARE NOT PRODUCED IN  THE  UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (III)  THAT  INCLUSION  OF DOMESTIC MATERIAL WILL INCREASE THE COST OF
 THE OVERALL PROCUREMENT CONTRACT BY MORE THAN TWENTY-FIVE PERCENT.
   (D) IF THE EXECUTIVE RECEIVES A REQUEST FOR A WAIVER  UNDER  PARAGRAPH
 (C)  OF  THIS  SUBDIVISION, THE EXECUTIVE SHALL PROVIDE NOTICE OF AND AN
 OPPORTUNITY FOR PUBLIC COMMENT ON  THE  REQUEST  AT  LEAST  THIRTY  DAYS
 BEFORE MAKING A FINDING BASED ON THE REQUEST.
   (E) A NOTICE PROVIDED UNDER PARAGRAPH (D) OF THIS SUBDIVISION SHALL:
   (I)  SUMMARIZE  THE  INFORMATION AVAILABLE TO THE EXECUTIVE CONCERNING
 THE REQUEST, INCLUDING WHETHER THE REQUEST IS BEING MADE UNDER  SUBPARA-
 GRAPH (I), (II) OR (III) OF PARAGRAPH (C) OF THIS SUBDIVISION;
   (II) BE POSTED PROMINENTLY ON THE OFFICIAL PUBLIC INTERNET WEB SITE OF
 THE AGENCY; AND
   (III)  BE  PROVIDED  BY ELECTRONIC MEANS TO ANY PERSON, FIRM OR CORPO-
 RATION THAT HAS MADE A WRITTEN OR ELECTRONIC REQUEST TO THE PUBLIC AGEN-
 CY FOR NOTICE OF WAIVER ACTIONS BY THE EXECUTIVE WITHIN FIVE YEARS PRIOR
 TO THE DATE OF NOTICE.

 S. 8966                             6
 
   (F) IF THE EXECUTIVE ISSUES A  WAIVER  UNDER  PARAGRAPH  (C)  OF  THIS
 SUBDIVISION,  THE  EXECUTIVE  SHALL  PUBLISH  IN  THE SAME MANNER AS THE
 ORIGINAL NOTICE A DETAILED JUSTIFICATION FOR THE WAIVER THAT:
   (I) ADDRESSES THE PUBLIC COMMENTS RECEIVED UNDER PARAGRAPH (D) OF THIS
 SUBDIVISION; AND
   (II) IS PUBLISHED BEFORE THE WAIVER TAKES EFFECT.
   (G)  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 ROCK SALT, OR SODIUM CHLORIDE
 PRODUCT USED IN PROJECTS TO WHICH  THIS  SECTION  APPLIES,  SOLD  IN  OR
 SHIPPED TO THE UNITED STATES THAT WAS NOT MINED IN THE UNITED STATES; OR
   (II)  REPRESENTED  THAT  ANY  ROCK  SALT,  OR  SODIUM CHLORIDE PRODUCT
 PROCURED IN A CONTRACT 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.
   (H)  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) "EXECUTIVE" MEANS THE EXECUTIVE HEAD OF A PUBLIC AGENCY SUBJECT TO
 THIS SECTION;
   (B) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (C) "MINED IN THE UNITED STATES" MEANS: EXTRACTED FROM LAND WITHIN THE
 BOUNDARY  OF  THE  UNITED  STATES,  FROM THE INITIAL SEPARATION FROM THE
 EARTH THROUGH THE ADDITION OF ANY  ADDITIVES  NECESSARY  FOR  COMMERCIAL
 SALE;
   (D)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   § 6. Severability. If any provision of this act, or any application of
 any  provision of this act, is held to be invalid, that shall not affect
 the validity or effectiveness of any other provision of this act, or  of
 any  other  application of any provision of this act, which can be given
 effect without that provision or  application;  and  to  that  end,  the
 provisions and applications of this act are severable.
   § 7. This act shall take effect immediately.

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Senate Bill S8966

Sponsored By

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S8966 (ACTIVE) - Details

2019-S8966 (ACTIVE) - Summary

2019-S8966 (ACTIVE) - Sponsor Memo

2019-S8966 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S8966

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Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status - In Senate Committee Rules Committee

2019-S8966 (ACTIVE) - Details

2019-S8966 (ACTIVE) - Summary

2019-S8966 (ACTIVE) - Sponsor Memo

2019-S8966 (ACTIVE) - Bill Text download pdf

Comments