§ 66-v. Requirements for certain climate risk-related and energy
transition projects. 1. Each contract using funds from the New York
climate action fund climate investment account established pursuant to
section ninety-nine-qq of the state finance law for a covered climate
risk-related and energy transition project shall contain a provision
that the iron and steel used or supplied in the performance of the
contract or any subcontract thereto and that is permanently incorporated
into the project, shall be produced or made in whole or substantial part
in the United States, its territories or possessions. In the case of an
iron or steel product, all manufacturing must take place in the United
States, its territories or possessions, from the initial melting stage
through the application of coatings, except metallurgical processes
involving the refinement of steel additives. For the purposes of this
subdivision, "permanently incorporated" shall mean an iron or steel
product that is required to remain in place at the end of the project
contract, in a fixed location, affixed to the project to which it was
incorporated. Iron and steel products that are capable of being moved
from one location to another shall not be considered permanently
incorporated.

2. The provisions of subdivision one of this section shall not apply
if the head of the public entity providing funds, in his or her sole
discretion, determines that the provisions would not be in the public
interest, would result in unreasonable costs, or that obtaining such
steel or iron in the United States, its territories or possessions would
increase the cost of the contract by an unreasonable amount, or such
iron or steel, including without limitation iron and steel, cannot be
produced or made in the United States its territories or possessions in
sufficient and reasonably available quantities and of satisfactory
quality.

3. The head of the public entity providing funds generated from the
New York climate action fund climate investment account established
pursuant to section ninety-nine-qq of the state finance law may, in his
or her sole discretion, provide for in a request for proposal,
invitation for bid, or solicitation of proposal, or any other method
provided for by law or regulation for soliciting a response from
offerors intending to result in a contract in support of a project, a
competitive process in which the evaluation of competing bids gives
significant consideration in the evaluation process to the procurement
of equipment and supplies from businesses located in New York state.