A 11668: Enacts the "New York state buy American cement act" to require the use of American materials when soliciting for a contract for the purchase of cement by any department or agency of the state, municipality, public authority and the commissioner of transportation.

  
  STATE OF NEW YORK ________________________________________________________________________ 11668  IN ASSEMBLY September 2, 2026 ___________ Introduced by COMMITTEE ON RULES -- (at request of M. of A. Berger) -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, the general municipal law, the public authorities law and the highway law, in relation to enacting the "New York state buy American cement act" The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Short title. This act shall be known and may be cited as 2 the "New York state buy American cement act". 3 § 2. The state finance law is amended by adding a new section 162-b to 4 read as follows: 5 § 162-b. The New York state buy American cement act. 1. Use of Ameri- 6 can materials. (a) Notwithstanding any other provision of law, when 7 soliciting a contract for the purchase of cement, any department or 8 agency of the state may award such contract to the responsible and reli- 9 able bidder offering to supply cement that is produced in the United 10 States, and which offer is within ten percent of the lowest price or 11 best value offer, rather than to the lowest responsible and reliable 12 bidder. 13 (b) If it has been determined by a court or federal or state agency 14 that any person intentionally: 15 (i) affixed a label bearing a "Made in America" inscription, or any 16 inscription with the same meaning, to any cement product used in 17 projects to which this section applies, sold in or shipped to the United 18 States that was not produced in the United States; or 19 (ii) represented that any cement product procured in a contract to 20 which this section applies that was not produced in the United States, 21 was produced in the United States; then that person shall be ineligible 22 to receive any contract or subcontract with this state pursuant to the 23 debarment or suspension provisions provided under section one hundred 24 thirty-nine-a of this chapter. 25 (c) This section shall be applied in a manner consistent with the 26 state's obligations under any applicable international agreements 27 pertaining to government procurement. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15822-01-6 
 A. 11668 2 1 2. Definitions. For the purposes of this section, the following words 2 shall have the following meanings unless specified otherwise: 3 (a) "Public agency" means a governmental entity as that term is 4 defined in section one hundred thirty-nine-j of this chapter; 5 (b) "Produced in the United States" means: Cost of imported ingredi- 6 ents constitutes less than five percent of the cost of all components, 7 ingredients of the cement are sourced from United States, Canada or 8 Mexico, and the cement complies with all applicable testing and perform- 9 ance standards, labor standards, and environmental requirements applica- 10 ble to materials produced in the United States; and 11 (c) "United States" means the United States of America and includes 12 all territory, continental or insular, subject to the jurisdiction of 13 the United States. 14 § 3. The general municipal law is amended by adding a new section 15 104-e to read as follows: 16 § 104-e. The New York state buy American cement act. 1. Use of Ameri- 17 can materials. (a) Notwithstanding any other provision of law, when 18 soliciting a contract for the purchase of cement, any department or 19 agency of a political subdivision may award such contract to the respon- 20 sible and reliable bidder offering to supply cement that is produced in 21 the United States, and which offer is within ten percent of the lowest 22 price or best value offer, rather than to the lowest responsible and 23 reliable bidder. 24 (b) If it has been determined by a court or federal or state agency 25 that any person intentionally: 26 (i) affixed a label bearing a "Made in America" inscription, or any 27 inscription with the same meaning, to any cement product used in 28 projects to which this section applies, sold in or shipped to the United 29 States that was not produced in the United States; or 30 (ii) represented that any cement product procured in a contract to 31 which this section applies that was not produced in the United States, 32 was produced in the United States; then that person shall be ineligible 33 to receive any contract or subcontract with this state pursuant to the 34 debarment or suspension provisions provided under section one hundred 35 thirty-nine-a of the state finance law. 36 (c) This section shall be applied in a manner consistent with the 37 state's obligations under any applicable international agreements 38 pertaining to government procurement. 39 2. Definitions. For the purposes of this section, the following words 40 shall have the following meanings unless specified otherwise: 41 (a) "Public agency" means a governmental entity as that term is 42 defined in section one hundred thirty-nine-j of the state finance law; 43 (b) "Produced in the United States" means: Cost of imported ingredi- 44 ents constitutes less than five percent of the cost of all components, 45 ingredients of the cement are sourced from United States, Canada or 46 Mexico, and the cement complies with all applicable testing and perform- 47 ance standards, labor standards, and environmental requirements applica- 48 ble to materials produced in the United States; and 49 (c) "United States" means the United States of America and includes 50 all territory, continental or insular, subject to the jurisdiction of 51 the United States. 52 § 4. The public authorities law is amended by adding a new section 53 2877-b to read as follows: 54 § 2877-b. The New York state buy American cement act. 1. Use of Ameri- 55 can materials. (a) Notwithstanding any other provision of law, when 56 soliciting a contract for the purchase of cement, any public authority 
 A. 11668 3 1 may award such contract to the responsible and reliable bidder offering 2 to supply cement that is produced in the United States, and which offer 3 is within ten percent of the lowest price or best value offer, rather 4 than to the lowest responsible and reliable bidder. 5 (b) If it has been determined by a court or federal or state agency 6 that any person intentionally: 7 (i) affixed a label bearing a "Made in America" inscription, or any 8 inscription with the same meaning, to any cement product used in 9 projects to which this section applies, sold in or shipped to the United 10 States that was not produced in the United States; or 11 (ii) represented that any cement product procured in a contract to 12 which this section applies that was not produced in the United States, 13 was produced in the United States; then that person shall be ineligible 14 to receive any contract or subcontract with this state pursuant to the 15 debarment or suspension provisions provided under section one hundred 16 thirty-nine-a of the state finance law. 17 (c) This section shall be applied in a manner consistent with the 18 state's obligations under any applicable international agreements 19 pertaining to government procurement. 20 2. Definitions. For the purposes of this section, the following words 21 shall have the following meanings unless specified otherwise: 22 (a) "Public authority" means a state, local or interstate authority as 23 those terms are defined in section two of this chapter; 24 (b) "Produced in the United States" means: Cost of imported ingredi- 25 ents constitutes less than five percent of the cost of all components, 26 ingredients of the cement are sourced from United States, Canada or 27 Mexico, and the cement complies with all applicable testing and perform- 28 ance standards, labor standards, and environmental requirements applica- 29 ble to materials produced in the United States; and 30 (c) "United States" means the United States of America and includes 31 all territory, continental or insular, subject to the jurisdiction of 32 the United States. 33 § 5. The highway law is amended by adding a new section 12-b to read 34 as follows: 35 § 12-b. The New York state buy American cement act. 1. Use of American 36 materials. (a) Notwithstanding any other provision of law, when solicit- 37 ing a contract for the purchase of cement, the commissioner of transpor- 38 tation may award such contract to the responsible and reliable bidder 39 offering to supply cement that is produced in the United States, and 40 which offer is within ten percent of the lowest price or best value 41 offer, rather than to the lowest responsible and reliable bidder. 42 (b) If it has been determined by a court or federal or state agency 43 that any person intentionally: 44 (i) affixed a label bearing a "Made in America" inscription, or any 45 inscription with the same meaning, to any cement product used in 46 projects to which this section applies, sold in or shipped to the United 47 States that was not produced in the United States; or 48 (ii) represented that any cement product procured in a contract to 49 which this section applies that was not produced in the United States, 50 was produced in the United States; then that person shall be ineligible 51 to receive any contract or subcontract with this state pursuant to the 52 debarment or suspension provisions provided under section one hundred 53 thirty-nine-a of the state finance law. 54 (c) This section shall be applied in a manner consistent with the 55 state's obligations under any applicable international agreements 56 pertaining to government procurement. 
 A. 11668 4 1 2. Definitions. For the purposes of this section, the following words 2 shall have the following meanings unless specified otherwise: 3 (a) "Produced in the United States" means: Cost of imported ingredi- 4 ents constitutes less than five percent of the cost of all components, 5 ingredients of the cement are sourced from United States, Canada or 6 Mexico, and the cement complies with all applicable testing and perform- 7 ance standards, labor standards, and environmental requirements applica- 8 ble to materials produced in the United States; and 9 (b) "United States" means the United States of America and includes 10 all territory, continental or insular, subject to the jurisdiction of 11 the United States. 12 § 6. Severability. If any provision of this act, or any application of 13 any provision of this act, is held to be invalid, that shall not affect 14 the validity or effectiveness of any other provision of this act, or of 15 any other application of any provision of this act, which can be given 16 effect without that provision or application; and to that end, the 17 provisions and applications of this act are severable. 18 § 7. This act shall take effect immediately.