S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2814
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 27, 2023
                                ___________
 
 Introduced  by M. of A. JONES -- read once and referred to the Committee
   on Governmental Operations
 
 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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04939-01-3
              

 A. 2814                             2
 
 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.