§ 2879-c. Iranian energy sector divestment. 1. As used in this
section:

a. "Energy sector" shall have the same meaning as defined in paragraph
(a) of subdivision one of section one hundred sixty-five-a of the state
finance law.

b. "Financial institution" shall have the same meaning as defined in
paragraph (b) of subdivision one of section one hundred sixty-five-a of
the state finance law.

c. "Investment" shall have the same meaning as defined in paragraph
(c) of subdivision one of section one hundred sixty-five-a of the state
finance law.

d. "Iran" shall have the same meaning as defined in paragraph (d) of
subdivision one of section one hundred sixty-five-a of the state finance
law.

e. "Person" shall have the same meaning as defined in paragraph (e) of
subdivision one of section one hundred sixty-five-a of the state finance
law.

2. For purposes of this section, a person engages in investment
activities in Iran if:

a. The person provides goods or services of twenty million dollars or
more in the energy sector of Iran, including a person that provides oil
or liquefied natural gas tankers, or products used to construct or
maintain pipelines used to transport oil or liquefied natural gas, for
the energy sector of Iran; or

b. The person is a financial institution that extends twenty million
dollars or more in credit to another person, for forty-five days or
more, if that person will use the credit to provide goods or services in
the energy sector in Iran.

3. Notwithstanding any other provision of this chapter or any other
law to the contrary, no state or local public authority or an interstate
or international authority, or subsidiary thereof, shall enter into any
contract for work or services performed or to be performed or goods sold
or to be sold, with a person that is identified on a list created
pursuant to paragraph (b) of subdivision three of section one hundred
sixty-five-a of the state finance law as a person engaging in investment
activities in Iran as described in subdivision two of this section.

4. Notwithstanding any other provision of this chapter or any other
law to the contrary, every contract entered into with a state or local
public authority or an interstate or international authority for work or
services performed or to be performed or goods sold or to be sold, shall
contain the following statement subscribed by and affirmed by the person
entering into the contract as true under the penalties of perjury:

a. "By signing this contract, each person and each person signing on
behalf of any other party certifies, and in the case of a joint bid or
partnership each party thereto certifies as to its own organization,
under penalty of perjury, that to the best of its knowledge and belief
that each person is not on the list created pursuant to paragraph (b) of
subdivision 3 of section 165-a of the state finance law."

b. Notwithstanding paragraph a of this subdivision, the statement of
non-investment in the Iranian energy sector may be submitted
electronically.

c. A contract shall not be considered nor shall any contract be
entered into where the condition set forth in paragraph a of this
subdivision has not been complied with; provided, however, that if in
any case the person cannot make the foregoing certification, the person
shall so state and shall furnish with the contract a signed statement
which sets forth in detail the reasons therefor. A public authority may
award or enter into a contract with a person who cannot make the
certification pursuant to paragraph a of this subdivision on a
case-by-case basis if:

(1) The investment activities in Iran were made before the effective
date of this section, the investment activities in Iran have not been
expanded or renewed after the effective date of this section, and the
person has adopted, publicized, and is implementing a formal plan to
cease the investment activities in Iran and to refrain from engaging in
any new investments in Iran; or

(2) The public authority makes a determination that the goods or
services are necessary for the public authority to perform its functions
and that, absent such an exemption, the public authority would be unable
to obtain the goods or services for which the contract is offered. Such
determination shall be made in writing and shall be a public document.