N.Y.
Public Authorities Law Section 2603-A
Letting of certain contracts involving steel products
1.
Notwithstanding any other provision of law, all public authorities shall award contracts involving steel products as follows:a.
All purchase contracts for supplies, material or equipment involving an estimated expenditure in excess of fifty thousand dollars shall require with respect to materials, supplies and equipment made of, fabricated from, or containing steel components, that such steel components be produced or made in whole or substantial part in the United States, its territories or possessions. The provisions of this paragraph shall not apply to motor vehicles and automobile equipment assembled in Canada in conformity with the United States-Canadian trade agreements known as the “Automotive Products Trade Act of 1965” or any amendments thereto.b.
All contracts in excess of one hundred thousand dollars for the construction, reconstruction, alteration, repair, maintenance or improvement of public works shall require that all structural steel, reinforcing steel or other major steel items to be incorporated in the work of the contract shall be produced or made in whole or substantial part in the United States, its territories or possessions.2.
Notwithstanding the provisions of subdivision one of this section, all contracts over one million dollars in value made and awarded by the dormitory authority, the metropolitan transportation authority, the bridge authority or the thruway authority, on its account or for the benefit of a state agency or authority, for the construction, reconstruction, alteration, repair, maintenance or improvement of any road or bridge, shall contain a provision that the structural iron and structural steel used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into the surface road or bridge shall be produced or made in whole or substantial part in the United States, its territories or possessions. In the case of a structural iron or structural steel product all manufacturing must take place in the United States, from the initial melting stage through the application of coatings, except metallurgical processes involving the refinement of steel additives. For purposes of this section, “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 public work to which it was incorporated. Iron and steel products that are capable of being moved from one location to another are not permanently incorporated into a public building or public work.3.
The provisions of this section shall not apply if the governing board or body of such public authority, in its discretion, determines that such provisions would result in unreasonable costs or that such iron, steel products or steel components including without limitation structural iron and steel; cannot be produced or made in the United States in sufficient and reasonably available quantities or of satisfactory quality or design, or would result in the loss or reduction of federal funding for the subject contract or the ability to obtain such federal funding would be limited or jeopardized by compliance with this section; or there is an immediate or emergency need existing for such structural iron, structural steel products or structural steel components; or such steel or iron is not manufactured in the United States in sufficient and reasonably available quantities or of satisfactory quality or design to meet the authority’s requirements; or obtaining for such iron, steel products or steel components in the United States would increase the cost of the contract by an unreasonable amount; or for such iron, steel products or steel components is necessary for the operation of or repairs of critical infrastructure that is necessary to avoid a delay in the delivery of critical services that could compromise the public welfare; or a reciprocal trade agreement or treaty has been negotiated by the state or by the United States government on behalf of or including this state with a foreign nation or government for nondiscriminatory governmental procurement practices or policies with such foreign nation or government.4.
Nothing in this section is intended to contravene any existing treaties, laws, trade agreements, or regulations of the United States or subsequent trade agreements entered into between any foreign countries and the state or the United States.5.
Any authority subject to the provisions of this section shall be authorized to establish rules and regulations for the effective administration of this section, provided however, nothing in this section shall be interpreted to require a contractor to certify that the iron or steel used in a road or bridge pursuant to this section is made in whole or in substantial part in the United States.
Source:
Section 2603-A — Letting of certain contracts involving steel products, https://www.nysenate.gov/legislation/laws/PBA/2603-A (updated Apr. 17, 2020; accessed Apr. 27, 2024).
