N.Y. State Fin. Law § 162-a
The New York state buy American salt act
Redline — January 1, 2023 → current.View current text →
Current — January 1, 2024
As of January 1, 2023
§ 162-a. The New York state buy American salt act. 1. Use of American\nmaterials. (a) Notwithstanding any other provision of law, each contract\nfor purchase or procurement made by any department or agency of the\nstate shall contain a provision that the rock salt, or sodium chloride,\nused or supplied in the performance of the contract or any subcontract\nthereto shall be mined or hand harvested in the United States.\n (b) For the purposes of section one hundred sixty-three of this\narticle, no bidder shall be deemed to be the lowest responsible and\nreliable bidder and no bid shall be deemed the best value unless the bid\noffered by such bidder will comply with the contract term required by\nparagraph (a) of this subdivision.\n (c) The provisions of paragraph (a) of this subdivision shall not\napply in any case or category of cases in which the head of such\ndepartment or agency determines that:\n (i) such requirement would not be in the public interest;\n (ii) such requirement would result in unreasonable costs;\n (iii) such materials and products cannot be produced in the United\nStates in sufficient and reasonably available quantities and of a\nsatisfactory quality; or\n (iv) obtaining such materials and products in the United States would\nincrease the cost of the contract by an unreasonable amount.\n (d) If it has been determined by a court or federal or state agency\nthat any person intentionally:\n (i) affixed a label bearing a "Made in America" inscription, or any\ninscription with the same meaning, to any rock salt, or sodium chloride\nproduct used in projects to which this section applies, sold in or\nshipped to the United States that was not mined or hand harvested in the\nUnited States; or\n (ii) represented that any rock salt, or sodium chloride product\nprocured in a contract to which this section applies that was not\nproduced in the United States, was produced in the United States; then\nthat person shall be ineligible to receive any contract or subcontract\nwith this state pursuant to the debarment or suspension provisions\nprovided under section one hundred thirty-nine-a of this chapter.\n (e) This section shall be applied in a manner consistent with the\nstate's obligations under any applicable international agreements\npertaining to government procurement.\n 2. Definitions. For the purposes of this section, the following words\nshall have the following meanings unless specified otherwise:\n (a) "Public agency" means a governmental entity as that term is\ndefined in section one hundred thirty-nine-j of this chapter;\n (b) "Mined or hand harvested in the United States" means: extracted or\ncollected from land or ponds within the boundary of the United States,\nfrom the initial separation from the earth through the addition of any\nadditives necessary for commercial sale;\n (c) "United States" means the United States of America and includes\nall territory, continental or insular, subject to the jurisdiction of\nthe United States.\n
§ 162-a. The New York state buy American salt act. 1. Use of American\nmaterials. (a) Notwithstanding any other provision of law, when\nsoliciting a contract for the purchase of rock salt or sodium chloride,\nany department or agency of the state may award such contract to the\nresponsible and reliable bidder offering to supply rock salt or sodium\nchloride that is mined or hand harvested in the United States, and which\noffer is within ten percent of the lowest price or best value offer,\nrather than to the lowest responsible and reliable bidder.\n (b) If it has been determined by a court or federal or state agency\nthat any person intentionally:\n (i) affixed a label bearing a "Made in America" inscription, or any\ninscription with the same meaning, to any rock salt, or sodium chloride\nproduct used in projects to which this section applies, sold in or\nshipped to the United States that was not mined or hand harvested in the\nUnited States; or\n (ii) represented that any rock salt, or sodium chloride product\nprocured in a contract to which this section applies that was not\nproduced in the United States, was produced in the United States; then\nthat person shall be ineligible to receive any contract or subcontract\nwith this state pursuant to the debarment or suspension provisions\nprovided under section one hundred thirty-nine-a of this chapter.\n (c) This section shall be applied in a manner consistent with the\nstate's obligations under any applicable international agreements\npertaining to government procurement.\n 2. Definitions. For the purposes of this section, the following words\nshall have the following meanings unless specified otherwise:\n (a) "Public agency" means a governmental entity as that term is\ndefined in section one hundred thirty-nine-j of this chapter;\n (b) "Mined or hand harvested in the United States" means: extracted or\ncollected from land or ponds within the boundary of the United States,\nfrom the initial separation from the earth through the addition of any\nadditives necessary for commercial sale;\n (c) "United States" means the United States of America and includes\nall territory, continental or insular, subject to the jurisdiction of\nthe United States.\n
Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.