NY State Senate Bill 2021-S9441

Archive: Last Bill Status Via A7919 - Passed Senate

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
Jun 01, 2022	returned to assembly passed senate 3rd reading cal.1799 substituted for s9441
Jun 01, 2022	substituted by a7919a ordered to third reading cal.1799 committee discharged and committed to rules
May 27, 2022	referred to procurement and contracts

Votes

- Jun 1, 2022 - Floor Vote
  A7919
  
  55
  
  Aye
  
  8
  
  Nay
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Floor Vote: Jun 1, 2022
      
      aye (55)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Borrello
      
      Boyle
      
      Breslin
      
      Brisport
      
      Brooks
      
      Brouk
      
      Cleare
      
      Comrie
      
      Cooney
      
      Felder
      
      Gallivan
      
      Gaughran
      
      Gianaris
      
      Gounardes
      
      Harckham
      
      Helming
      
      Hinchey
      
      Hoylman-Sigal
      
      Jackson
      
      Kaminsky
      
      Kaplan
      
      Kavanagh
      
      Kennedy
      
      Krueger
      
      Lanza
      
      Liu
      
      Mannion
      
      Martucci
      
      Mattera
      
      May
      
      Mayer
      
      Myrie
      
      O'Mara
      
      Ortt
      
      Palumbo
      
      Parker
      
      Persaud
      
      Ramos
      
      Rath III
      
      Reichlin-Melnick
      
      Rivera
      
      Ryan
      
      Salazar
      
      Sanders Jr.
      
      Savino
      
      Sepúlveda
      
      Serino
      
      Serrano
      
      Skoufis
      
      Stavisky
      
      Stewart-Cousins
      
      Weik
      
      nay (8)
      
      Akshar
      
      Griffo
      
      Jordan
      
      Oberacker
      
      Ritchie
      
      Stec
      
      Tedisco
      
      Thomas
  Jun 1, 2022 - Rules Committee Vote
  S9441
  
  17
  
  Aye
  
  1
  
  Nay
  
  3
  
  Aye with Reservations
  
  0
  
  Absent
  
  0
  
  Excused
  
  0
  
  Abstained
  - - Rules Committee Vote: Jun 1, 2022
      
      aye (17)
      
      Addabbo Jr.
      
      Bailey
      
      Biaggi
      
      Breslin
      
      Comrie
      
      Gallivan
      
      Gianaris
      
      Kennedy
      
      Krueger
      
      Liu
      
      Mayer
      
      O'Mara
      
      Ortt
      
      Parker
      
      Savino
      
      Sepúlveda
      
      Stewart-Cousins
      
      nay (1)
      
      Ritchie
      
      aye wr (3)
      
      Boyle
      
      Griffo
      
      Lanza

co-Sponsors

2021-S9441 (ACTIVE) - Details

See Assembly Version of this Bill:: A7919
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

2021-S9441 (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 or hand harvested in the United States.

2021-S9441 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S9441

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 department or agency purchasing rock salt must purchase
American mined or hand harvested salt, subject to waiver and other
provisions.

Section three amends the general municipal law by adding a new section
104d to provide that any department or agency of a political subdivision
purchasing rock salt must purchase American mined or hand harvested
salt, subject to waiver and other provisions.

Section four amends the public authority's law by adding a new section
2877a to provide that any public authority within the state must
purchase American mined or hand harvested 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 or hand harvested 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 deicing 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 or harvested in New York State adds an estimated $3.00 in tax
revenue for every ton of salt produced, providing a financial boon to
the state and various counties, in addition to employing workers, clear-
ly 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 Team New York products will be purchased, it does present a
legal framework that still gives New York mines an advantage over
foreign competition, and ample opportunity exists in mines outside of
New York, including in Ohio and Louisiana, to make up much of the
different in salt products needed.

 
LEGISLATIVE HISTORY:

2019-2020: S.8966 Referred to Rules

 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:

To be determined.

 
EFFECTIVE DATE:
Immediately

2021-S9441 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9441
 
                             I N  S E N A T E
 
                               May 27, 2022
                                ___________
 
 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 ANY DEPARTMENT OR AGENCY OF
 THE STATE SHALL CONTAIN A PROVISION THAT THE ROCK SALT, OR SODIUM  CHLO-
 RIDE, USED OR SUPPLIED IN THE PERFORMANCE OF THE CONTRACT OR ANY SUBCON-
 TRACT THERETO SHALL BE MINED OR HAND HARVESTED 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 HEAD OF SUCH DEPART-
 MENT OR AGENCY DETERMINES THAT:
   (I) SUCH REQUIREMENT WOULD NOT BE IN THE PUBLIC INTEREST;
   (II) SUCH REQUIREMENT WOULD RESULT IN UNREASONABLE COSTS;
   (III)  SUCH  MATERIALS  AND  PRODUCTS CANNOT BE PRODUCED IN THE UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (IV) OBTAINING SUCH MATERIALS AND PRODUCTS IN THE UNITED STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT.
   (D)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07974-10-2
 S. 9441                             2
 
   (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 OR HAND HARVESTED 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.
   (E) 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)  "PUBLIC  AGENCY"  MEANS  A  GOVERNMENTAL  ENTITY  AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THIS CHAPTER;
   (B) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED FROM LAND OR PONDS WITHIN THE BOUNDARY OF THE  UNITED  STATES,
 FROM  THE  INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION OF ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (C) "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 ANY DEPARTMENT OR AGENCY OF
 A POLITICAL SUBDIVISION 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 OR HAND HARVESTED 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 HEAD OF SUCH DEPART-
 MENT OR AGENCY DETERMINES THAT:
   (I) SUCH REQUIREMENT WOULD NOT BE IN THE PUBLIC INTEREST;
   (II) SUCH REQUIREMENT WOULD RESULT IN UNREASONABLE COSTS;
   (III)  SUCH  MATERIALS  AND  PRODUCTS CANNOT BE PRODUCED IN THE UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (IV) OBTAINING SUCH MATERIALS AND PRODUCTS IN THE UNITED STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT.
   (D)  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 OR HAND HARVESTED IN THE
 UNITED STATES; OR
 S. 9441                             3
 
   (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.
   (E)  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) "PUBLIC AGENCY" MEANS  A  GOVERNMENTAL  ENTITY  AS  THAT  TERM  IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (B) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED  FROM  LAND OR PONDS WITHIN THE BOUNDARY OF THE UNITED STATES,
 FROM THE INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION  OF  ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (C)  "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 ANY 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 OR HAND HARVESTED 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 HEAD OF SUCH  PUBLIC
 AUTHORITY DETERMINES THAT:
   (I) SUCH REQUIREMENT WOULD NOT BE IN THE PUBLIC INTEREST;
   (II) SUCH REQUIREMENT WOULD RESULT IN UNREASONABLE COSTS;
   (III)  SUCH  MATERIALS  AND  PRODUCTS CANNOT BE PRODUCED IN THE UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (IV) OBTAINING SUCH MATERIALS AND PRODUCTS IN THE UNITED STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT.
   (D)  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 OR HAND HARVESTED 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
 S. 9441                             4
 
 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF  THE  STATE  FINANCE
 LAW.
   (E)  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) "PUBLIC AUTHORITY" MEANS A STATE, LOCAL OR INTERSTATE AUTHORITY AS
 THOSE TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER;
   (B) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED FROM LAND OR PONDS WITHIN THE BOUNDARY OF THE  UNITED  STATES,
 FROM  THE  INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION OF ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (C) "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 ANY 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 OR HAND HARVESTED 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 HEAD OF SUCH  PUBLIC
 AUTHORITY DETERMINES THAT:
   (I) SUCH REQUIREMENT WOULD NOT BE IN THE PUBLIC INTEREST;
   (II) SUCH REQUIREMENT WOULD RESULT IN UNREASONABLE COSTS;
   (III)  SUCH  MATERIALS  AND  PRODUCTS CANNOT BE PRODUCED IN THE UNITED
 STATES IN SUFFICIENT AND REASONABLY AVAILABLE QUANTITIES AND OF A SATIS-
 FACTORY QUALITY; OR
   (IV) OBTAINING SUCH MATERIALS AND PRODUCTS IN THE UNITED STATES  WOULD
 INCREASE THE COST OF THE CONTRACT BY AN UNREASONABLE AMOUNT.
   (D)  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 OR HAND HARVESTED 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.
   (E)  THIS  SECTION  SHALL  BE  APPLIED IN A MANNER CONSISTENT WITH THE
 STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
 PERTAINING TO GOVERNMENT PROCUREMENT.
 S. 9441                             5
 
   2.  DEFINITIONS. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING WORDS
 SHALL HAVE THE FOLLOWING MEANINGS UNLESS SPECIFIED OTHERWISE:
   (A)  "PUBLIC  AUTHORITY"  MEANS  A GOVERNMENTAL ENTITY AS THAT TERM IS
 DEFINED IN SECTION ONE HUNDRED THIRTY-NINE-J OF THE STATE FINANCE LAW;
   (B) "MINED OR HAND HARVESTED IN THE UNITED STATES" MEANS: EXTRACTED OR
 COLLECTED FROM LAND OR PONDS WITHIN THE BOUNDARY OF THE  UNITED  STATES,
 FROM  THE  INITIAL SEPARATION FROM THE EARTH THROUGH THE ADDITION OF ANY
 ADDITIVES NECESSARY FOR COMMERCIAL SALE;
   (C) "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 S9441

Sponsored By

Archive: Last Bill Status Via A7919 - Passed Senate

Jun 1, 2022 - Floor Vote

Floor Vote: Jun 1, 2022

Jun 1, 2022 - Rules Committee Vote

Rules Committee Vote: Jun 1, 2022

co-Sponsors

2021-S9441 (ACTIVE) - Details

2021-S9441 (ACTIVE) - Summary

2021-S9441 (ACTIVE) - Sponsor Memo

2021-S9441 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S9441

Share this bill

Sponsored By

Timothy M. Kennedy

Archive: Last Bill Status Via A7919 - Passed Senate

co-Sponsors

John W. Mannion

2021-S9441 (ACTIVE) - Details

2021-S9441 (ACTIVE) - Summary

2021-S9441 (ACTIVE) - Sponsor Memo

2021-S9441 (ACTIVE) - Bill Text download pdf

Comments