S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4521
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 16, 2023
                                ___________
 
 Introduced  by M. of A. DURSO -- read once and referred to the Committee
   on Governmental Operations
 
 AN ACT to amend the state finance law, the public  authorities  law  and
   the  executive  law, in relation to requiring the purchase of personal
   protective equipment and medical supplies produced or manufactured  in
   the state of New York in certain circumstances
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 148 of the state finance law is amended by adding a
 new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY OTHER
 LAW, RULE OR REGULATION, THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY
 TO   CONTRACTS  INVOLVING  PERSONAL  PROTECTIVE  EQUIPMENT  AND  MEDICAL
 SUPPLIES DURING THE  EXISTENCE  OF  A  STATE  DISASTER  EMERGENCY  UNDER
 CIRCUMSTANCES  DESCRIBED  IN  SECTION  ONE HUNDRED FORTY-EIGHT-A OF THIS
 ARTICLE REQUIRING THE PURCHASE  OF  PERSONAL  PROTECTIVE  EQUIPMENT  AND
 MEDICAL SUPPLIES PRODUCED OR MANUFACTURED IN NEW YORK.
   § 2. The state finance law is amended by adding a new section 148-a to
 read as follows:
   § 148-A. CONTRACTS INVOLVING PERSONAL PROTECTIVE EQUIPMENT AND MEDICAL
 SUPPLIES;  STATE  DISASTER  EMERGENCY.  1.  NOTWITHSTANDING ANY CONTRARY
 PROVISION OF SECTION ONE HUNDRED FORTY-EIGHT  OF  THIS  ARTICLE  OR  ANY
 OTHER  LAW, RULE OR REGULATION, DURING THE EXISTENCE OF A STATE DISASTER
 EMERGENCY, AS DEFINED IN  PARAGRAPH  (A)  OF  SUBDIVISION  TWO  OF  THIS
 SECTION,  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 STATE OF NEW YORK.
   2. FOR PURPOSES OF THIS SECTION:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05154-01-3
 A. 4521                             2
              

 
   (A) "STATE DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS  DEFINED
 IN  PARAGRAPH  B  OF  SUBDIVISION TWO OF SECTION TWENTY OF THE EXECUTIVE
 LAW, PROVIDED, HOWEVER, SUCH DISASTERS SHALL BE LIMITED TO THOSE INVOLV-
 ING AN EPIDEMIC, PANDEMIC OR SIMILAR DISEASE OUTBREAK.
   (B)  "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO MINI-
 MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
 EYE PROTECTION,  RESPIRATORS,  MEDICAL  HAIR  AND  SHOE  COVERINGS,  AND
 DISPOSABLE GOWNS AND APRONS.
   (C)  "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
 EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION  VENTILATORS,
 MEDICAL TEST KITS, AND VACCINES.
   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 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  IN  SUFFI-
 CIENT AND REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY OR
 DESIGN  TO  MEET  THE  DEPARTMENT'S  OR  AGENCY'S  REQUIREMENTS; OR THAT
 PURCHASING PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES PRODUCED OR
 MANUFACTURED OUTSIDE OF THE STATE OF NEW YORK 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  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.
   4. NOTHING IN THIS SECTION IS  INTENDED  TO  CONTRAVENE  ANY  EXISTING
 TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
 SUBSEQUENT  TRADE  AGREEMENTS ENTERED INTO BETWEEN ANY FOREIGN COUNTRIES
 AND THE STATE OR THE UNITED STATES.
   5. SUBJECT TO THE  PROVISIONS  OF  THIS  SECTION,  THE  DEPARTMENT  OF
 ECONOMIC  DEVELOPMENT,  IN  CONSULTATION  WITH  THE  OFFICE  OF  GENERAL
 SERVICES AND THE DIVISION OF THE BUDGET, SHALL BE AUTHORIZED  TO  ESTAB-
 LISH  RULES  AND  REGULATIONS  FOR  THE EFFECTIVE ADMINISTRATION OF THIS
 SECTION.
   § 3. Section 2878-c of the public authorities law is amended by adding
 a new subdivision 6 to read as follows:
   6. NOTWITHSTANDING ANY CONTRARY PROVISION OF THIS SECTION OR ANY OTHER
 LAW, RULE OR REGULATION, THE PROVISIONS OF THIS SECTION SHALL NOT  APPLY
 TO   CONTRACTS  INVOLVING  PERSONAL  PROTECTIVE  EQUIPMENT  AND  MEDICAL
 SUPPLIES DURING THE  EXISTENCE  OF  A  STATE  DISASTER  EMERGENCY  UNDER
 CIRCUMSTANCES DESCRIBED IN SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT-CC
 OF  THIS ARTICLE REQUIRING THE PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT
 AND MEDICAL SUPPLIES PRODUCED OR MANUFACTURED IN NEW YORK.
   § 4. The public authorities law is amended by adding a new subdivision
 2878-cc to read as follows:
   § 2878-CC.  CONTRACTS  INVOLVING  PERSONAL  PROTECTIVE  EQUIPMENT  AND
 MEDICAL  SUPPLIES;  STATE  DISASTER  EMERGENCY.  1.  NOTWITHSTANDING ANY
 CONTRARY PROVISION OF SECTION TWENTY-EIGHT  HUNDRED  SEVENTY-EIGHT-C  OF
 THIS  ARTICLE OR ANY OTHER LAW, RULE OR REGULATION, DURING THE EXISTENCE
 OF A STATE DISASTER EMERGENCY, AS DEFINED IN PARAGRAPH (A)  OF  SUBDIVI-
 SION  TWO  OF THIS SECTION, ALL CONTRACTS OVER FIFTY THOUSAND DOLLARS IN
 VALUE MADE AND AWARDED BY ANY AUTHORITY OF THE STATE FOR THE PURCHASE OF
 A. 4521                             3
 
 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 STATE OF NEW YORK.
   2. FOR PURPOSES OF THIS SECTION:
   (A)  "STATE DISASTER EMERGENCY" SHALL HAVE THE SAME MEANING AS DEFINED
 IN PARAGRAPH B OF SUBDIVISION TWO OF SECTION  TWENTY  OF  THE  EXECUTIVE
 LAW, PROVIDED, HOWEVER, SUCH DISASTERS SHALL BE LIMITED TO THOSE INVOLV-
 ING AN EPIDEMIC, PANDEMIC OR SIMILAR DISEASE OUTBREAK.
   (B)  "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO MINI-
 MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
 EYE PROTECTION,  RESPIRATORS,  MEDICAL  HAIR  AND  SHOE  COVERINGS,  AND
 DISPOSABLE GOWNS AND APRONS.
   (C)  "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
 EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION  VENTILATORS,
 MEDICAL TEST KITS, AND VACCINES.
   3.  THE  PROVISIONS OF THIS SECTION SHALL NOT APPLY IF THE HEAD OF THE
 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 PRODUCED OR MADE IN  THE  STATE
 OF  NEW  YORK 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 IN SUFFICIENT AND
 REASONABLY AVAILABLE QUANTITIES AND OF SATISFACTORY QUALITY OR DESIGN TO
 MEET THE AUTHORITY'S REQUIREMENTS; OR THAT PURCHASING  PERSONAL  PROTEC-
 TIVE  EQUIPMENT  OR MEDICAL SUPPLIES PRODUCED OR MANUFACTURED OUTSIDE OF
 THE STATE OF NEW YORK 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 IS NOT ABLE TO SUPPLY PERSONAL PROTECTIVE EQUIP-
 MENT 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.
   4.  NOTHING  IN  THIS  SECTION  IS INTENDED TO CONTRAVENE ANY EXISTING
 TREATIES, LAWS, TRADE AGREEMENTS, OR REGULATIONS OF THE UNITED STATES OR
 SUBSEQUENT TRADE AGREEMENTS ENTERED INTO BETWEEN ANY  FOREIGN  COUNTRIES
 AND THE STATE OR THE UNITED STATES.
   5.  SUBJECT  TO  THE  PROVISIONS  OF  THIS  SECTION, THE DEPARTMENT OF
 ECONOMIC  DEVELOPMENT,  IN  CONSULTATION  WITH  THE  OFFICE  OF  GENERAL
 SERVICES  AND  THE DIVISION OF THE BUDGET, SHALL BE AUTHORIZED TO ESTAB-
 LISH RULES AND REGULATIONS FOR  THE  EFFECTIVE  ADMINISTRATION  OF  THIS
 SECTION.
   § 5. Section 28 of the executive law is amended by adding a new subdi-
 vision 2-a to read as follows:
   2-A. (A) UPON DECLARATION OF A DISASTER EMERGENCY INVOLVING AN EPIDEM-
 IC, PANDEMIC OR SIMILAR DISEASE OUTBREAK, THE GOVERNOR OR THE GOVERNOR'S
 DESIGNEE SHALL:
   (I)  NOTIFY THE HEADS OF EVERY DEPARTMENT OR AGENCY THAT IS SUBJECT TO
 THE PURCHASING REQUIREMENTS OF ARTICLE NINE OF  THE  STATE  FINANCE  LAW
 THAT  SUCH  EMERGENCY  EXISTS AND THAT ALL CONTRACTS OVER FIFTY THOUSAND
 DOLLARS IN VALUE MADE AND AWARDED BY ANY SUCH DEPARTMENT OR  AGENCY  FOR
 THE  PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLIES SHALL
 REQUIRE THAT SUCH PERSONAL PROTECTIVE EQUIPMENT OR MEDICAL SUPPLY  ITEMS
 BE  PRODUCED  OR  MADE  IN WHOLE OR SUBSTANTIAL PART IN THE STATE OF NEW
 YORK PURSUANT TO SECTION ONE HUNDRED FORTY-EIGHT-A OF THE STATE  FINANCE
 LAW EXCEPT AS OTHERWISE PROVIDED THEREIN; AND
 A. 4521                             4

   (II)  NOTIFY  THE  HEADS OF EVERY STATE AGENCY SUBJECT TO THE REQUIRE-
 MENTS OF TITLE FOUR OF ARTICLE NINE OF THE PUBLIC AUTHORITIES  LAW  THAT
 SUCH EMERGENCY EXISTS AND THAT ALL CONTRACTS OVER FIFTY THOUSAND DOLLARS
 IN  VALUE  MADE AND AWARDED BY ANY SUCH 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 STATE OF NEW YORK  PURSUANT  TO
 SECTION  TWENTY-EIGHT HUNDRED SEVENTY-EIGHT-CC OF THE PUBLIC AUTHORITIES
 LAW EXCEPT AS OTHERWISE PROVIDED THEREIN.
   (B) THE GOVERNOR SHALL TAKE APPROPRIATE ACTIONS PURSUANT TO THE  EMER-
 GENCY  PREPAREDNESS  PLAN  APPROVED  PURSUANT  TO SUBDIVISION THREE-A OF
 SECTION TWENTY-TWO OF THIS ARTICLE.
   § 6. Section 22 of the executive law is amended by adding a new subdi-
 vision 3-a to read as follows:
   3-A. A. SUCH PLANS SHALL, IN ADDITION TO THE REQUIREMENTS SET FORTH IN
 SUBDIVISION THREE OF THIS SECTION, ALSO INCLUDE MEASURES  TO  FACILITATE
 THE  PRODUCTION AND/OR MANUFACTURE IN NEW YORK STATE OF PERSONAL PROTEC-
 TIVE EQUIPMENT AND MEDICAL SUPPLIES AS DEFINED IN PARAGRAPH  B  OF  THIS
 SUBDIVISION,  AND  SUCH OTHER PROVISIONS AS ARE NECESSARY TO SATISFY THE
 APPLICABLE PROCUREMENT REQUIREMENTS OF SECTION ONE HUNDRED FORTY-EIGHT-A
 OF THE STATE FINANCE LAW AND SECTION TWENTY-EIGHT HUNDRED SEVENTY-EIGHT-
 CC OF THE PUBLIC AUTHORITIES LAW.
   B. FOR THE PURPOSES OF THIS SECTION:
   (I) "PERSONAL PROTECTIVE EQUIPMENT" MEANS ALL EQUIPMENT WORN TO  MINI-
 MIZE EXPOSURE TO MEDICAL HAZARDS, INCLUDING GLOVES, MASKS, FACE SHIELDS,
 EYE  PROTECTION,  RESPIRATORS,  MEDICAL  HAIR  AND  SHOE  COVERINGS, AND
 DISPOSABLE GOWNS AND APRONS.
   (II) "MEDICAL SUPPLIES" MEANS MATERIALS NECESSARY TO RESPOND TO HEALTH
 EMERGENCIES OR PANDEMICS, INCLUDING AND WITHOUT LIMITATION  VENTILATORS,
 MEDICAL TEST KITS, AND VACCINES.
   §  7.  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  such effective date and such contracts shall be
 awarded pursuant to the provisions of law in effect at the time of issu-
 ance.