S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5425
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 14, 2025
                                ___________
 
 Introduced by M. of A. BERGER -- read once and referred to the Committee
   on Governmental Operations
 
 AN  ACT  to  amend the state finance law, the general municipal law, the
   public authorities law and the executive law, in relation to  enacting
   the "New York State buy North American windows 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 North American windows act".
   § 2. The state finance law is amended by adding a new section 162-b to
 read as follows:
   §  162-B. THE NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT. 1. USE OF
 NORTH AMERICAN MATERIALS. (A) NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 LAW, WHEN SOLICITING A CONTRACT FOR THE PURCHASE OF WINDOWS, ANY DEPART-
 MENT OR AGENCY OF THE STATE SHALL AWARD SUCH CONTRACT TO THE RESPONSIBLE
 AND RELIABLE BIDDER OFFERING TO SUPPLY WINDOWS PRODUCED OR MADE IN WHOLE
 OR  SUBSTANTIAL  PART IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TWENTY-
 FIVE PERCENT OF THE LOWEST PRICE OR BEST VALUE OFFER, RATHER THAN TO THE
 LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (B) IF IT HAS BEEN DETERMINED BY A COURT OR FEDERAL  OR  STATE  AGENCY
 THAT  ANY  PERSON  INTENTIONALLY  CARRIED OUT ANY OF THE FOLLOWING, THEN
 SUCH 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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION  WITH  THE  SAME MEANING, TO ANY WINDOW PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN
 NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  WINDOW PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  IN
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD04153-01-5
              

 A. 5425                             2
 
 SUBSTANTIAL  PART  IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   (C)  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)  "WINDOWS  PRODUCED  OR MADE IN WHOLE OR IN PART IN NORTH AMERICA"
 MEANS THE TOTAL VALUE, IN UNITED  STATES  DOLLARS,  OF  THE  FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED,  AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE
 PERCENT OF THE TOTAL VALUE OF  ALL  MATERIALS,  EXTRUSIONS,  COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  3.  The  general  municipal  law is amended by adding a new section
 104-e to read as follows:
   § 104-E. THE NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT. 1. USE  OF
 NORTH  AMERICAN  MATERIALS.  (A)  NOTWITHSTANDING ANY OTHER PROVISION OF
 LAW, WHEN SOLICITING A CONTRACT FOR THE PURCHASE OF WINDOWS, ANY DEPART-
 MENT OR AGENCY OF A POLITICAL SUBDIVISION SHALL AWARD SUCH  CONTRACT  TO
 THE  RESPONSIBLE AND RELIABLE BIDDER OFFERING TO SUPPLY WINDOWS PRODUCED
 OR MADE IN WHOLE OR SUBSTANTIAL PART IN NORTH AMERICA WHEN SUCH OFFER IS
 WITHIN TWENTY-FIVE PERCENT OF THE LOWEST  PRICE  OR  BEST  VALUE  OFFER,
 RATHER THAN TO THE LOWEST RESPONSIBLE AND RELIABLE BIDDER.
   (B)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY CARRIED OUT ANY  OF  THE  FOLLOWING,  THEN
 SUCH  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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION  WITH  THE  SAME MEANING, TO ANY WINDOW PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN
 NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  WINDOW PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  IN
 SUBSTANTIAL  PART  IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   (C) 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) "WINDOWS PRODUCED OR MADE IN WHOLE OR IN PART  IN  NORTH  AMERICA"
 MEANS  THE  TOTAL  VALUE,  IN  UNITED STATES DOLLARS, OF THE FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED, AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS  SEVENTY-FIVE
 A. 5425                             3
 
 PERCENT  OF  THE  TOTAL  VALUE OF ALL MATERIALS, EXTRUSIONS, COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  4.  The  public  authorities  law  is amended by adding new section
 2877-b to read as follows:
   § 2877-B. THE NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT. 1. USE OF
 NORTH AMERICAN MATERIALS. (A) NOTWITHSTANDING  ANY  OTHER  PROVISION  OF
 LAW,  WHEN SOLICITING A CONTRACT FOR THE PURCHASE OF WINDOWS, ANY PUBLIC
 AUTHORITY SHALL AWARD SUCH CONTRACT  TO  THE  RESPONSIBLE  AND  RELIABLE
 BIDDER  OFFERING TO SUPPLY WINDOWS PRODUCED OR MADE IN WHOLE OR SUBSTAN-
 TIAL PART IN NORTH AMERICA WHEN SUCH OFFER IS WITHIN TWENTY-FIVE PERCENT
 OF THE LOWEST PRICE OR BEST VALUE  OFFER,  RATHER  THAN  TO  THE  LOWEST
 RESPONSIBLE AND RELIABLE BIDDER.
   (B)  IF  IT  HAS BEEN DETERMINED BY A COURT OR FEDERAL OR STATE AGENCY
 THAT ANY PERSON INTENTIONALLY CARRIED OUT ANY  OF  THE  FOLLOWING,  THEN
 SUCH  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:
   (I) AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION,  OR
 ANY  INSCRIPTION  WITH  THE  SAME MEANING, TO ANY WINDOW PRODUCT USED IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES THAT WAS NOT PRODUCED OR MADE IN WHOLE  OR  SUBSTANTIAL  PART  IN
 NORTH AMERICA; OR
   (II)  REPRESENTED  THAT  ANY  WINDOW PRODUCT PROCURED IN A CONTRACT TO
 WHICH THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR  IN
 SUBSTANTIAL  PART  IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   (C) 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
 SUCH TERMS ARE DEFINED IN SECTION TWO OF THIS CHAPTER.
   (B)  "WINDOWS  PRODUCED  OR MADE IN WHOLE OR IN PART IN NORTH AMERICA"
 MEANS THE TOTAL VALUE, IN UNITED  STATES  DOLLARS,  OF  THE  FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED,  AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS SEVENTY-FIVE
 PERCENT OF THE TOTAL VALUE OF  ALL  MATERIALS,  EXTRUSIONS,  COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   (C)  "UNITED  STATES"  MEANS THE UNITED STATES OF AMERICA AND INCLUDES
 ALL TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO  THE  JURISDICTION  OF
 THE UNITED STATES.
   (D) "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   § 5. Article 50 and sections 1000, 1001, 10002, and 1003 of the execu-
 tive  law,  as renumbered by chapter 770 of the laws of 1978, are renum-
 bered to be article 60 and sections 1100, 1101, 1102, and 1103 and a new
 article 50 is added to read as follows:
 
                                ARTICLE 50
               NEW YORK STATE BUY NORTH AMERICAN WINDOWS ACT
 SECTION 1010. STATEMENT OF PURPOSE.
 A. 5425                             4
 
         1011. DEFINITIONS.
         1012. USE  OF  AMERICAN  MADE  WINDOWS  FOR A COVERED AFFORDABLE
                 HOUSING PROJECT.
   § 1010. STATEMENT OF PURPOSE. IT IS THE PURPOSE  OF  THIS  ARTICLE  TO
 ENCOURAGE  AND  PROMOTE  THE PURCHASE OF NORTH AMERICAN MADE WINDOWS FOR
 COVERED AFFORDABLE HOUSING PROJECTS PAID FOR IN WHOLE OR IN PART OUT  OF
 PUBLIC FUNDS.
   § 1011. DEFINITIONS. FOR PURPOSES OF THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "COVERED  AFFORDABLE HOUSING PROJECT" SHALL MEAN CONSTRUCTION WORK
 DONE UNDER CONTRACT FOR AN AFFORDABLE HOUSING PROJECT WHICH IS PAID  FOR
 IN WHOLE OR IN PART OUT OF PUBLIC FUNDS, AS SUCH TERM IS DEFINED IN THIS
 SECTION,  WHERE THE AMOUNT OF ALL SUCH PUBLIC FUNDS, WHEN AGGREGATED, IS
 AT LEAST THIRTY PERCENT OF THE  TOTAL  CONSTRUCTION  PROJECT  COSTS  AND
 WHERE SUCH PROJECT COSTS ARE OVER FIVE MILLION DOLLARS.
   2.  "PAID  FOR IN WHOLE OR IN PART OUT OF PUBLIC FUNDS" SHALL MEAN ANY
 OF THE FOLLOWING:
   (A) THE PAYMENT OF MONEY, BY A PUBLIC ENTITY, OR A THIRD PARTY  ACTING
 ON  BEHALF  OF AND FOR THE BENEFIT OF A PUBLIC ENTITY, DIRECTLY TO OR ON
 BEHALF OF A CONTRACTOR, SUBCONTRACTOR, DEVELOPER OR OWNER  THAT  IS  NOT
 SUBJECT TO REPAYMENT;
   (B)  THE  SAVINGS  ACHIEVED FROM FEES, RENTS, INTEREST RATES, OR OTHER
 LOAN COSTS, OR INSURANCE COSTS THAT ARE LOWER THAN  MARKET  RATE  COSTS;
 SAVINGS  FROM  REDUCED TAXES AS A RESULT OF TAX CREDITS, TAX ABATEMENTS,
 TAX EXEMPTIONS OR TAX INCREMENT FINANCING; SAVINGS FROM PAYMENTS IN LIEU
 OF TAXES; AND ANY OTHER SAVINGS FROM REDUCED, WAIVED, OR FORGIVEN  COSTS
 THAT  WOULD  HAVE  OTHERWISE BEEN AT A HIGHER OR MARKET RATE BUT FOR THE
 INVOLVEMENT OF A PUBLIC ENTITY;
   (C) MONEY LOANED BY A PUBLIC ENTITY THAT IS TO BE REPAID ON A  CONTIN-
 GENT BASIS; OR
   (D)  CREDITS  THAT ARE APPLIED BY A PUBLIC ENTITY AGAINST REPAYMENT OF
 OBLIGATIONS TO SUCH PUBLIC ENTITY.
   3. "WINDOWS PRODUCED OR MADE IN WHOLE OR IN  PART  IN  NORTH  AMERICA"
 MEANS  THE  TOTAL  VALUE,  IN  UNITED STATES DOLLARS, OF THE FABRICATION
 MATERIALS, EXTRUSIONS, COMPONENTS, HARDWARE, AND LABOR SOURCED, MANUFAC-
 TURED, AND/OR PERFORMED IN NORTH AMERICA EQUALS OR EXCEEDS  SEVENTY-FIVE
 PERCENT  OF  THE  TOTAL  VALUE OF ALL MATERIALS, EXTRUSIONS, COMPONENTS,
 HARDWARE, AND LABOR FOR THE FINISHED WINDOW.
   4. "UNITED STATES" MEANS THE UNITED STATES OF AMERICA AND INCLUDES ALL
 TERRITORY, CONTINENTAL OR INSULAR, SUBJECT TO THE  JURISDICTION  OF  THE
 UNITED STATES.
   5. "NORTH AMERICA" MEANS THE UNITED STATES, CANADA AND MEXICO.
   §  1012. USE OF AMERICAN MADE WINDOWS FOR A COVERED AFFORDABLE HOUSING
 PROJECT. 1. NOTWITHSTANDING ANY  OTHER  PROVISION  OF  LAW,  ANY  OWNER,
 DEVELOPER,  CONTRACTOR  OR  SUBCONTRACTOR WHEN SOLICITING A CONTRACT FOR
 THE PURCHASE OF WINDOWS PRODUCED OR MADE IN WHOLE OR IN SUBSTANTIAL PART
 IN NORTH AMERICA FOR A COVERED AFFORDABLE HOUSING PROJECT AS DEFINED  IN
 SECTION  ONE  THOUSAND ELEVEN OF THIS ARTICLE, SHALL AWARD SUCH CONTRACT
 TO THE RESPONSIBLE  AND  RELIABLE  BIDDER  OFFERING  TO  SUPPLY  WINDOWS
 PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN NORTH AMERICA WHEN SUCH
 OFFER  IS  WITHIN  TWENTY-FIVE PERCENT OF THE LOWEST PRICE OR BEST VALUE
 OFFER, RATHER THAN TO THE LOWEST AND RELIABLE BIDDER.
   2. IF IT HAS BEEN DETERMINED BY A COURT OR  FEDERAL  OR  STATE  AGENCY
 THAT  ANY  PERSON  INTENTIONALLY  CARRIED OUT ANY OF THE FOLLOWING, THEN
 SUCH PERSON SHALL BE INELIGIBLE TO RECEIVE ANY CONTRACT  OR  SUBCONTRACT
 WITH  THIS  STATE  PURSUANT  TO  THE  DEBARMENT OR SUSPENSION PROVISIONS
 A. 5425                             5
 
 PROVIDED UNDER SECTION ONE HUNDRED THIRTY-NINE-A OF  THE  STATE  FINANCE
 LAW:
   (A)  AFFIXED A LABEL BEARING A "MADE IN NORTH AMERICA" INSCRIPTION, OR
 ANY INSCRIPTION WITH THE SAME MEANING, TO ANY  WINDOW  PRODUCT  USED  IN
 PROJECTS TO WHICH THIS SECTION APPLIES, SOLD IN OR SHIPPED TO THE UNITED
 STATES  THAT  WAS  NOT  PRODUCED OR MADE IN WHOLE OR SUBSTANTIAL PART IN
 NORTH AMERICA; OR
   (B) REPRESENTED THAT ANY WINDOW PRODUCT  PROCURED  IN  A  CONTRACT  TO
 WHICH  THIS SECTION APPLIES THAT WAS NOT PRODUCED OR MADE IN WHOLE OR IN
 SUBSTANTIAL PART IN NORTH AMERICA, WAS PRODUCED OR MADE IN WHOLE  OR  IN
 SUBSTANTIAL PART IN NORTH AMERICA.
   3.  THIS  SECTION  SHALL  BE  APPLIED  IN A MANNER CONSISTENT WITH THE
 STATE'S  OBLIGATIONS  UNDER  ANY  APPLICABLE  INTERNATIONAL   AGREEMENTS
 PERTAINING TO GOVERNMENT PROCUREMENT.
   § 6. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.