S T A T E O F N E W Y O R K
________________________________________________________________________
3908
2021-2022 Regular Sessions
I N S E N A T E
February 1, 2021
___________
Introduced by Sen. KENNEDY -- 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, 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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07974-01-1
S. 3908 2
(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 THIS CHAPTER.
(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 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.
§ 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-
S. 3908 3
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
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;
S. 3908 4
(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.
§ 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
S. 3908 5
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 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;
S. 3908 6
(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
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.
