NY State Senate Bill 2021-S3103B

Senate Bill S3103B

2021-2022 Legislative Session

Establishes state procurement goals for New York state products throughout state agencies and private entities performing state contracts

download bill text pdf

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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Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 17, 2022	reported and committed to rules
May 09, 2022	reported and committed to finance
Apr 29, 2022	print number 3103b
Apr 29, 2022	amend and recommit to procurement and contracts
Jan 05, 2022	referred to procurement and contracts
May 14, 2021	print number 3103a
May 14, 2021	amend and recommit to procurement and contracts
Jan 27, 2021	referred to procurement and contracts

Votes

- May 9, 2022 - Procurement And Contracts Committee Vote
  S3103B
  
  7
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Procurement And Contracts Committee Vote: May 9, 2022
      
      aye (7)
      
      Borrello
      
      Comrie
      
      Cooney
      
      Jordan
      
      Kaplan
      
      Reichlin-Melnick
      
      Sanders Jr.
  May 17, 2022 - Finance Committee Vote
  S3103B
  
  22
  
  Aye
  
  0
  
  Nay
  
  0
  
  Aye with Reservations
  
  1
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Finance Committee Vote: May 17, 2022
      
      aye (22)
      
      Bailey
      
      Borrello
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gounardes
      
      Griffo
      
      Harckham
      
      Hoylman-Sigal
      
      Kennedy
      
      Krueger
      
      Liu
      
      O'Mara
      
      Ritchie
      
      Rivera
      
      Salazar
      
      Savino
      
      Serino
      
      Skoufis
      
      Stavisky
      
      Tedisco
      
      Thomas
      
      absent (1)
      
      Parker

Bill Amendments

Original

B (Active)

2021-S3103 - Details

See Assembly Version of this Bill:: A8433
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §163-c, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: A2814

2021-S3103 - Summary

Establishes state procurement goals for New York state products throughout state agencies and private entities performing state contracts; provides that every year after enactment, a certain percentage of products purchased by state agencies will be New York state products, with such percentage threshold increasing each year up until five years.

2021-S3103 - Sponsor Memo

                                
 
BILL NUMBER: S3103

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the state finance law, in relation to establishing state
procurement goals for New York state products throughout state agencies
and private entities performing state contracts

 
PURPOSE:

This legislation seeks to set a goal of requiring twenty of all products
purchased by a state agency, or private entity performing state
contracts to be New York state products.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 163-c of the state finance law to set a
goal that twenty percent of all products purchased by state agencies, or
private entities performing state contracts be New York State products.

To meet this goal a state agency for the purpose of products being
awarded to the lowest responsible bidder, an otherwise qualified bidder
who will fulfill the contract through the use of New York state products
may be given preference over other bidders, provided that the cost is
not more than 10% greater than the cost for non-New York state products.
ESDC would be allowed to grant waivers for any state agency that can
prove it cannot meet the goals of this act, while the originating state
agency will have waiver responsibilities over private entities engaged
In doing business for that agency.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation seeks to support and grow New York state businesses by
setting a goal of twenty percent of products purchased by a state agen-
cy, or private entity performing on a state contract. This realistic and
goal driven threshold is meant to help stimulate the economy and to help
diversify the types of products being manufactured and produced in New
York. Enactment of this legislation will stimulate increased production
of materials and products and create both new business and jobs.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect thirty days after it shall have become law.

2021-S3103 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3103
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 AN ACT to amend the state finance law, in relation to establishing state
   procurement goals for New York state products throughout  state  agen-
   cies and private entities performing state contracts

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 163-c to read as follows:
   §  163-C. PROCUREMENT GOALS FOR NEW YORK STATE PRODUCTS IN STATE AGEN-
 CIES. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "STATE  AGENCY"  SHALL MEAN ANY DEPARTMENT, AGENCY, BOARD, PUBLIC
 BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
   (B) "NEW YORK STATE  PRODUCT"  SHALL  MEAN  AN  ITEM  THAT  IS  GROWN,
 HARVESTED, MANUFACTURED OR PRODUCED IN ANY WAY IN THIS STATE.
   2.  (A)  IN  ORDER  TO  CREATE, STRENGTHEN, AND EXPAND LOCAL ECONOMIES
 THROUGHOUT NEW YORK, IT SHALL BE THE GOAL  OF  THIS  STATE  THAT  TWENTY
 PERCENT  OF ALL PRODUCTS PURCHASED BY STATE AGENCIES OR BY PRIVATE ENTI-
 TIES WHILE PERFORMING STATE CONTRACTS, SHALL, BY  TWO  THOUSAND  TWENTY-
 TWO, BE NEW YORK STATE PRODUCTS.
   (B)  TO  MEET THE GOALS SET FORTH IN THIS SECTION, WHEN A STATE AGENCY
 CONTRACT FOR THE PURCHASE OF PRODUCTS IS TO BE  AWARDED  TO  THE  LOWEST
 RESPONSIBLE  BIDDER,  AN OTHERWISE QUALIFIED BIDDER WHO WILL FULFILL THE
 CONTRACT THROUGH THE USE OF NEW YORK STATE PRODUCTS MAY BE GIVEN PREFER-
 ENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE  BID  OF
 NEW  YORK  STATE  PRODUCTS IS NOT MORE THAN TEN PERCENT GREATER THAN THE
 COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE PRODUCTS.
   3. (A) THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL
 PROMULGATE RULES AND REGULATIONS THAT WOULD ALLOW FOR STATE AGENCIES  TO
 BE GRANTED A WAIVER FROM THE REQUIREMENTS OF THIS SECTION IF SUCH AGENCY
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05947-02-1

 S. 3103                             2
 
 CAN  PROVE  THAT IT IS NOT ABLE TO MEET THE THRESHOLDS SET FORTH IN THIS
 SECTION.
   (B)  FOR PRIVATE ENTITIES PERFORMING STATE CONTRACTS, THE STATE AGENCY
 OVERSEEING THE PERFORMANCE OF SUCH CONTRACT SHALL PROMULGATE  RULES  AND
 REGULATIONS  TO  ALLOW  FOR PRIVATE ENTITIES TO BE GRANTED A WAIVER FROM
 THE REQUIREMENTS OF THIS SECTION IF A PRIVATE ENTITY CAN PROVE  THAT  IS
 NOT ABLE TO MEET THE THRESHOLDS SET FORTH IN THIS SECTION.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.

2021-S3103A - Details

See Assembly Version of this Bill:: A8433
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §163-c, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: A2814

2021-S3103A - Summary

2021-S3103A - Sponsor Memo

                                
 
BILL NUMBER: S3103A

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the state finance law, in relation to establishing state
procurement goals for New York state products throughout state agencies
and private entities performing state contracts

 
PURPOSE:

This legislation seeks to set a goal of requiring twenty of all products
purchased by a state agency, or private entity performing state
contracts to be New York state products.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 163-c of the state finance law to set a
goal that twenty percent of all products purchased by state agencies, or
private entities performing state contracts be New York State products.
These products must be used for the sole use of New York state.

To meet this goal a state agency for the purpose of products being
awarded to the lowest responsible bidder, an otherwise qualified bidder
who will fulfill the contract through the use of New York state products
may be given preference over other bidders, provided that the cost is
not more than 10% greater than the cost for non-New York state products.
ESDC would be allowed to grant waivers for any state agency that can
prove it cannot meet the goals of this act, while the originating state
agency will have waiver responsibilities over private entities engaged
In doing business for that agency.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation seeks to support and grow New York state businesses by
setting a goal of twenty percent of products purchased by a state agen-
cy, or private entity performing on a state contract. This realistic and
goal driven threshold is meant to help stimulate the economy and to help
diversify the types of products being manufactured and produced in New
York. Enactment of this legislation will stimulate increased production
of materials and products and create both new business and jobs.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect thirty days after it shall have become law.

2021-S3103A - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3103--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee
 
 AN ACT to amend the state finance law, in relation to establishing state
   procurement goals for New York state products throughout  state  agen-
   cies and private entities performing state contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The state finance law is amended by adding  a  new  section
 163-c to read as follows:
   §  163-C. PROCUREMENT GOALS FOR NEW YORK STATE PRODUCTS IN STATE AGEN-
 CIES. 1. FOR THE PURPOSES OF THIS SECTION,  THE  FOLLOWING  TERMS  SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A)  "STATE  AGENCY"  SHALL MEAN ANY DEPARTMENT, AGENCY, BOARD, PUBLIC
 BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
   (B) "NEW YORK STATE  PRODUCT"  SHALL  MEAN  AN  ITEM  THAT  IS  GROWN,
 HARVESTED, MANUFACTURED OR PRODUCED IN ANY WAY IN THIS STATE.
   2.  (A)  IN  ORDER  TO  CREATE, STRENGTHEN, AND EXPAND LOCAL ECONOMIES
 THROUGHOUT NEW YORK, IT SHALL BE THE GOAL  OF  THIS  STATE  THAT  TWENTY
 PERCENT  OF ALL PRODUCTS PURCHASED BY STATE AGENCIES OR BY PRIVATE ENTI-
 TIES WHILE PERFORMING STATE CONTRACTS, SHALL, BY  TWO  THOUSAND  TWENTY-
 TWO, BE NEW YORK STATE PRODUCTS.
   (B)  TO  MEET THE GOALS SET FORTH IN THIS SECTION, WHEN A STATE AGENCY
 CONTRACT FOR THE PURCHASE OF PRODUCTS IS TO BE  AWARDED  TO  THE  LOWEST
 RESPONSIBLE  BIDDER,  AN OTHERWISE QUALIFIED BIDDER WHO WILL FULFILL THE
 CONTRACT THROUGH THE USE OF NEW YORK STATE PRODUCTS MAY BE GIVEN PREFER-
 ENCE OVER OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE  BID  OF
 NEW  YORK  STATE  PRODUCTS IS NOT MORE THAN TEN PERCENT GREATER THAN THE
 COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE PRODUCTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05947-03-1

 S. 3103--A                          2
 
   3. (A) THE PRESIDENT OF THE EMPIRE STATE DEVELOPMENT CORPORATION SHALL
 PROMULGATE RULES AND REGULATIONS THAT WOULD ALLOW FOR STATE AGENCIES  TO
 BE GRANTED A WAIVER FROM THE REQUIREMENTS OF THIS SECTION IF SUCH AGENCY
 CAN  PROVE  THAT IT IS NOT ABLE TO MEET THE THRESHOLDS SET FORTH IN THIS
 SECTION.
   (B)  FOR PRIVATE ENTITIES PERFORMING STATE CONTRACTS, THE STATE AGENCY
 OVERSEEING THE PERFORMANCE OF SUCH CONTRACT SHALL PROMULGATE  RULES  AND
 REGULATIONS  TO  ALLOW  FOR PRIVATE ENTITIES TO BE GRANTED A WAIVER FROM
 THE REQUIREMENTS OF THIS SECTION IF A PRIVATE ENTITY CAN PROVE  THAT  IS
 NOT ABLE TO MEET THE THRESHOLDS SET FORTH IN THIS SECTION.
   4.  ANY  PRODUCT PROCURED IN ACCORDANCE WITH THIS SECTION SHALL BE FOR
 THE SOLE USE OF THE STATE OF NEW YORK.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

2021-S3103B (ACTIVE) - Details

See Assembly Version of this Bill:: A8433
Current Committee:: Senate Rules
Law Section:: State Finance Law
Laws Affected:: Add §163-c, St Fin L
Versions Introduced in 2023-2024 Legislative Session:: A2814

2021-S3103B (ACTIVE) - Summary

2021-S3103B (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3103b

SPONSOR: KAPLAN
 
TITLE OF BILL:

An act to amend the state finance law, in relation to establishing state
procurement goals for New York state products throughout state agencies
and private entities performing state contracts

 
PURPOSE:

This legislation seeks to set a goal of requiring a set percentage of
products purchased by a state agency, or private entity performing state
contracts to be New York state products.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 163-c of the state finance law to set a
goal that in the first and second year of enactment at least fifteen
percent of products purchased be New York State products, in the third
full year twenty percent of all products purchased by state agencies, or
private entities performing state contracts be New York State products,

and the fourth and following years that at least twenty-five percent of
products purchased by state agencies, or private entities performing
state contracts be New York State products.

To meet this goal a state agency for the purpose of products being
awarded to the lowest responsible bidder, an otherwise qualified bidder
who will fulfill the contract through the use of New York state products
may be given preference over other bidders, provided that the cost is
not more than 10% greater than the cost for non-New York state products.
Waivers are available to a state agency in certain enumerated instances.

Section 2 is the effective date.

 
JUSTIFICATION:

This legislation seeks to support and grow New York state businesses by
setting a set percentage of products purchased by a state agency, or
private entity performing on a state contract.  This realistic and goal
driven threshold is meant to help stimulate the economy and to help
diversify the types of products being manufactured and produced in New
York. Enactment of this legislation will stimulate increased production
of materials and products and create both new business and jobs.

 
LEGISLATIVE HISTORY:

New Bill.

 
FISCAL IMPLICATIONS:

To be determined.

 
EFFECTIVE DATE:
The act shall take effect thirty days after it shall have become law.

2021-S3103B (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3103--B
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 27, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  committee  discharged,  bill amended, ordered reprinted as amended
   and recommitted to said committee -- recommitted to the  Committee  on
   Procurement  and Contracts in accordance with Senate Rule 6, sec. 8 --
   committee discharged, bill amended, ordered reprinted as  amended  and
   recommitted to said committee
 
 AN ACT to amend the state finance law, in relation to establishing state
   procurement  goals  for New York state products throughout state agen-
   cies and private entities performing state contracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 163-c to read as follows:
   § 163-C. PROCUREMENT GOALS FOR NEW YORK STATE PRODUCTS IN STATE  AGEN-
 CIES.  1.  FOR  THE  PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   (A) "STATE AGENCY" SHALL MEAN ANY DEPARTMENT,  AGENCY,  BOARD,  PUBLIC
 BENEFIT CORPORATION, PUBLIC AUTHORITY OR COMMISSION.
   (B)  "NEW  YORK  STATE  PRODUCT"  SHALL  MEAN AN ITEM THAT IS AT LEAST
 FIFTY-ONE PERCENT MANUFACTURED OR PRODUCED IN ANY WAY IN THIS STATE.
   2. (A) IN ORDER TO CREATE,  STRENGTHEN,  AND  EXPAND  LOCAL  ECONOMIES
 THROUGHOUT  NEW  YORK,  IT  SHALL BE THE GOAL OF THIS STATE THAT IN  THE
 FIRST AND  SECOND   FULL YEAR   AFTER   THE   EFFECTIVE   DATE  OF  THIS
 SECTION,  AT  LEAST FIFTEEN PERCENT OF ALL PRODUCTS PURCHASED BY A STATE
 AGENCY SHALL BE NEW YORK STATE PRODUCTS; IN THE THIRD  FULL  YEAR  AFTER
 THE  EFFECTIVE  DATE  OF  THIS  SECTION,  AT LEAST TWENTY PERCENT OF ALL
 PRODUCTS PURCHASED BY A STATE AGENCY SHALL BE NEW YORK  STATE  PRODUCTS;
 AND IN THE FOURTH FULL YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION AND
 THEREAFTER,  AT LEAST TWENTY-FIVE PERCENT OF ALL PRODUCTS PURCHASED BY A
 STATE AGENCY SHALL BE NEW YORK STATE PRODUCTS.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05947-05-2

 S. 3103--B                          2
 
   (B) TO MEET THE GOALS SET FORTH IN THIS SECTION, WHEN A  STATE  AGENCY
 CONTRACT  FOR  THE  PURCHASE  OF PRODUCTS IS TO BE AWARDED TO THE LOWEST
 RESPONSIBLE BIDDER, AN OTHERWISE QUALIFIED BIDDER WHO WILL  FULFILL  THE
 CONTRACT THROUGH THE USE OF NEW YORK STATE PRODUCTS MAY BE GIVEN PREFER-
 ENCE  OVER  OTHER BIDDERS, PROVIDED THAT THE COST INCLUDED IN THE BID OF
 NEW YORK STATE PRODUCTS IS NOT MORE THAN TEN PERCENT  GREATER  THAN  THE
 COST INCLUDED IN A BID THAT IS NOT FOR NEW YORK STATE PRODUCTS.
   3.  (A)  THE PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF
 THE CONTRACTING STATE AGENCY PURCHASING PRODUCTS, IN  HIS  OR  HER  SOLE
 DISCRETION, DETERMINES THAT:
   (I)  PURCHASING  NEW YORK STATE PRODUCTS PURSUANT TO THE PROVISIONS OF
 THIS SECTION WOULD BE AGAINST THE PUBLIC INTEREST;
   (II) PURCHASING NEW YORK STATE PRODUCTS WOULD INCREASE THE COST OF THE
 CONTRACT BY AN UNREASONABLE AMOUNT;
   (III) NEW YORK STATE PRODUCTS CANNOT BE  OBTAINED  IN  SUFFICIENT  AND
 REASONABLE  AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY TO MEET THE
 CONTRACTING STATE AGENCY'S REQUIREMENTS; OR
   (IV) PURCHASING PRODUCTS  MANUFACTURED  OR  PRODUCED  OUTSIDE  OF  THE
 STATE,  OR  IN FACILITIES INSIDE OR OUTSIDE OF THE STATE COMPRISING LESS
 THAN FIFTY-ONE PERCENT OF MATERIALS PRODUCED IN THE STATE, IS  NECESSARY
 TO AVOID A DELAY IN THE DELIVERY OF PRODUCTS.
   (B)  FOR PRIVATE ENTITIES PERFORMING STATE CONTRACTS, THE STATE AGENCY
 OVERSEEING THE PERFORMANCE OF SUCH CONTRACT SHALL PROMULGATE  RULES  AND
 REGULATIONS  TO  ALLOW  FOR PRIVATE ENTITIES TO BE GRANTED A WAIVER FROM
 THE REQUIREMENTS OF THIS SECTION IF A PRIVATE ENTITY CAN PROVE  THAT  IS
 NOT ABLE TO MEET THE THRESHOLDS SET FORTH IN THIS SECTION.
   4.  ANY  PRODUCT PROCURED IN ACCORDANCE WITH THIS SECTION SHALL BE FOR
 THE SOLE USE OF THE STATE OF NEW YORK.
   § 2. This act shall take effect on the thirtieth day  after  it  shall
 have become a law.

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