S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  4110--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             February 2, 2021
                                ___________
 
 Introduced  by  Sen. BRESLIN -- 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 and the public authorities law, in
   relation to the purchase of personal protective equipment and  medical
   supplies produced or manufactured in the state of New York
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivisions 1 and 3 of section 148 of  the  state  finance
 law, as added by section 2 of part BB of chapter 55 of the laws of 2021,
 are amended to read as follows:
   1.  Notwithstanding  any  other  provisions of law, all contracts over
 fifty thousand dollars in value made and awarded by  any  department  or
 agency of the state for the purchase of personal protective equipment or
 medical supplies shall require that the personal protective equipment or
 medical supply items be produced or made in whole or substantial part in
 the  [United States] STATE OF NEW YORK; AND SHALL UTILIZE, TO THE EXTENT
 PRACTICABLE, PREFERRED SOURCES IN ACCORDANCE WITH  SECTION  ONE  HUNDRED
 SIXTY-TWO  OF THE STATE FINANCE LAW, FOR AT LEAST THIRTY PERCENT OF SUCH
 PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS.
   3. The provisions of this section shall not apply if the head  of  the
 department  or  agency  purchasing  the personal protective equipment or
 medical supplies, in his or her sole discretion,  determines  that  such
 provisions  would  not  be  in  the public interest; that obtaining such
 personal protective equipment or medical supplies PRODUCED  OR  MADE  in
 the STATE OF NEW YORK OR IN THE United States would increase the cost of
 the  contract  by  an unreasonable amount; that such personal protective
 equipment or medical supplies cannot be produced or made in the STATE OF
 NEW YORK OR IN THE United States in sufficient and reasonably  available
 quantities  and  of  satisfactory  quality or design to meet the depart-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01940-02-1

 S. 4110--A                          2
 
 ment's or agency's requirements; or that purchasing personal  protective
 equipment  or  medical supplies manufactured outside of the STATE OF NEW
 YORK OR OUTSIDE OF THE United States is necessary to avoid  a  delay  in
 the  delivery  of  critical  services  that  could compromise the public
 welfare. IN THE EVENT A NEW YORK STATE SOURCE OR A PREFERRED  SOURCE  IS
 NOT  ABLE  TO  SUPPLY  PERSONAL  PROTECTIVE  EQUIPMENT OR MEDICAL SUPPLY
 ITEMS, ANY OTHER PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL  SUPPLY  ITEMS
 PRODUCED  OR  MADE IN WHOLE OR SUBSTANTIAL PART IN THE UNITED STATES MAY
 BE UTILIZED TO SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
   § 2. Subdivisions 1 and 3 of section 2878-c of the public  authorities
 law, as added by section 3 of part BB of chapter 55 of the laws of 2021,
 are amended to read as follows:
   1.  Notwithstanding  any  other  provisions of law, all contracts over
 fifty thousand dollars in value made and awarded by any state  authority
 for  the  purchase  of personal protective equipment or medical supplies
 shall require that the personal protective equipment or  medical  supply
 items  be  produced  or made in whole or substantial part in the [United
 States] STATE OF NEW YORK; AND SHALL UTILIZE, TO THE EXTENT PRACTICABLE,
 PREFERRED SOURCES IN ACCORDANCE WITH SECTION ONE  HUNDRED  SIXTY-TWO  OF
 THE  STATE  FINANCE  LAW,  FOR  AT LEAST THIRTY PERCENT OF SUCH PERSONAL
 PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS.
   3. The provisions of this section shall not apply if the head  of  the
 state  authority purchasing the personal protective equipment or medical
 supplies, in his or her sole discretion, determines that such provisions
 would not be in  the  public  interest;  that  obtaining  such  personal
 protective  equipment  or  medical  supplies in the STATE OF NEW YORK OR
 OUTSIDE OF THE United States would increase the cost of the contract  by
 an  unreasonable  amount;  that  such  personal  protective equipment or
 medical supplies cannot be produced or made in the STATE OF NEW YORK  OR
 IN  THE  United States in sufficient and reasonably available quantities
 and of satisfactory quality or design  to  meet  the  state  authority's
 requirements;  or  that  purchasing  personal  protective  equipment  or
 medical supplies manufactured outside  of  the  STATE  OF  NEW  YORK  OR
 OUTSIDE OF THE United States is necessary to avoid a delay in the deliv-
 ery  of  critical  services that could compromise the public welfare. IN
 THE EVENT A NEW YORK STATE SOURCE OR A PREFERRED SOURCE IS NOT  ABLE  TO
 SUPPLY  PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS, ANY OTHER
 PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY ITEMS PRODUCED  OR  MADE
 IN  WHOLE  OR  SUBSTANTIAL  PART IN THE UNITED STATES MAY BE UTILIZED TO
 SATISFY THE REQUIREMENTS OF THIS SUBDIVISION.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law and shall apply to any state contracting opportunities
 advertised  on  or after such date and shall exclude contracts for which
 an invitation for bid, request for proposal, or similar solicitation has
 been issued prior to this proposal becoming effective.