NY State Senate Bill 2025-S4329

Current Bill Status - In Senate Committee Procurement And Contracts Committee

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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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 04, 2025	referred to procurement and contracts

2025-S4329 (ACTIVE) - Details

See Assembly Version of this Bill:: A5425
Current Committee:: Senate Procurement And Contracts
Law Section:: State Finance Law
Laws Affected:: Add §162-b, St Fin L; add §104-e, Gen Muni L; add §2877-b, Pub Auth L; ren Art 50 §§1000 - 1003 to be Art 60 §§1101 - 1103, add Art 50 §§1010 - 1012, Exec L

2025-S4329 (ACTIVE) - Summary

Enacts the "New York State buy North American windows act" which requires the state, municipalities, public authorities and covered affordable housing projects to award contracts for the supply of windows to bidders who produce such windows primarily in North America; defines terms; makes related provisions.

2025-S4329 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S4329

SPONSOR: STAVISKY
 
TITLE OF BILL:

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"

 
PURPOSE OR GENERAL IDEA OF BILL:

To require that, when soliciting a contract forthe purchase of windows,
any department or agency of the state, and the owners of certain covered
affordable housing projects paid for or subsidized in part out of public
funds, shall award such contract to the bidder offering to supply
windows produced or made in whole or substantial part in theNorth Ameri-
ca when such offer is within twenty-five percent of the lowest price or
best value offer, rather than to the lowest bidder.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 states that this act shall be 'mown and may be cited as the

"New York State Buy North American Window Act"

Section 2 of the bill amends the state finance law by adding a new
section 162-b which requites state departments and agencies to award
window purchase contracts to bidders supplying windows substantially
made in North America when their offer is within 25% of the lowest
price, even if they are not the lowest bidder. This section also
includes multiple definitions used in the section. Violators who falsely
claim North American production will be ineligible for state contracts.

Section 3 of the bill amends the general municipal law by adding a new
section 104-e which requires local governments to award window purchase
contracts to bidders supplying windows substantially made in North Amer-
ica when their offer is within 25% of the lowest price, even if they are
not the lowest bidder. This section also includes multiple definitions
used in the section. Violators who falsely claim North American
production will be ineligible for state contracts.

Section 4 of the bill amends the public authorities law by adding a new
section 2877-b which requites any public authority to award window
purchase contracts to bidders supplying windows substantially made in
North America when their offer is within 25% of the lowest price, even
if they arc not the lowest bidder. This section also includes multiple
definitions used in the section. Violators who falsely claim North Amer-
ican production will be ineligible for state contracts.

Section 5 of the bill amends the executive law by adding a new section
1010 which requires any owner, developer, contractor or subcontractor
who is completing a covered affordable housing project to award window
purchase contracts to bidders supplying windows substantially made in
North America when their offer is within 25% of the lowest price, even
if they are not the lowest bidder. Executive law 1010 includes multiple
definitions, together with the definition of a "covered affordable hous-
ing project." It also adds a new section 1012 to provide that violators
who falsely clainiNorth American production will be ineligible for state
contracts.

Section 6 of the bill is the effective date.

 
JUSTIFICATION:

North American and New York insulating glass and fenestration fabrica-
tors are losing out on opportunities to supply high performance windows
to affordable housing projects due to cheaper imports from Europe and
elsewhere flooding our markets. Consider the US census trade for
imports. The extent of the competitive challenge can be seen in the
substantial rise in the value of imports of aluminum and vinyl windows,
especially from Europe, since the pandemic. The value of aluminum window
imports from Europe has increased by 50% since 2019 and 23% since 2021.
The value of European vinyl window imports has increased almost three-
fold since 2019 and 72% since 2021. Much of the growth in window imports
derives from Eastern Europe, whew labor and health care costs are low
compared to the United States. Imports of vinyl windows from Europe into
New York have doubled from 2021 to 2023 and increased fourfold from
2019-2023. Passive house buildings in New York typically use highly
insulating windows, and the price is 30% less when sourced from Europe.
New York window manufacturers are competing, but the low wages in
Eastent Europe are hard to overcome.

New York State has undertaken a bold initiative to build thousands of
market-rate and affordable housing units. This ambitious program
presents a significant opportunity for local industries, yet North Amer-
ican and New York-based window manufacturers are losing out due to
unfair foreign competition. To compete effectively, domestic manufactur-
ers must operate at scale to meet the demand for high-quality, wellengi-
nemed, energy-efficient windows that comply with building codes. Howev-
er, achieving scalerequins substantial investment in capital and labor.
If sales remain suppressed due to unfairly priced imports, New York
manufacturers will struggle to expand, modernize production, and
compete, ultimately losing out on crucial economic opportunities. This
issue is particularly troubling as many of these housing developments
are publicly fiutded or stnrctured as public-private partnerships bene-
fiting from substantial federal and state tax credits, as well as state
and local grants. It is unacceptable that taxpayer dollars are support-
ing foreign competitors at the expense of New York businesses and work-
ers.

To address the disparity, this bill seeks to level the playing field for
North American and New York-based window manufacturers. By ensuring that
public funds support local industry, we can promote economic growth,
sustain good-paying jobs, and strengthen the state's manufacturing
sector while maintaining high standards of energy efficiency and quality
in our housing projects. This legislation is a necessary step toward
fair competition and economic security for North American and New York's
manufacturing industry. It's time to prioritize our workers, our busi-
nesses, and our communities.

 
PRIOR LEGISLATIVE HISTORY:

New bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after it shall become
law.

2025-S4329 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4329
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                             February 4, 2025
                                ___________
 
 Introduced  by Sen. STAVISKY -- 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 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

 S. 4329                             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
 S. 4329                             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.
 S. 4329                             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
 S. 4329                             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.

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Senate Bill S4329

Sponsored By

Current Bill Status - In Senate Committee Procurement And Contracts Committee

2025-S4329 (ACTIVE) - Details

2025-S4329 (ACTIVE) - Summary

2025-S4329 (ACTIVE) - Sponsor Memo

2025-S4329 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S4329

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Sponsored By

Toby Ann Stavisky

Current Bill Status - In Senate Committee Procurement And Contracts Committee

2025-S4329 (ACTIVE) - Details

2025-S4329 (ACTIVE) - Summary

2025-S4329 (ACTIVE) - Sponsor Memo

2025-S4329 (ACTIVE) - Bill Text download pdf

Comments