A 5890: Permits contracts for the purchase of rock salt or sodium chloride mined or hand harvested in Canada to be awarded as if such rock salt or sodium chloride was mined or hand harvested in the United States.

  
  STATE OF NEW YORK ________________________________________________________________________ 5890 2025-2026 Regular Sessions  IN ASSEMBLY February 24, 2025 ___________ Introduced by M. of A. CHLUDZINSKI -- 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 awarding contracts for the purchase of rock salt or sodium chloride mined or hand harvested in Canada The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 162-a of the state finance law, as amended by chap- 2 ter 72 of the laws of 2023, is amended to read as follows: 3 § 162-a. The New York state buy North American salt act. 1. Use of 4 North American materials. (a) Notwithstanding any other provision of 5 law, when soliciting a contract for the purchase of rock salt or sodium 6 chloride, any department or agency of the state may award such contract 7 to the responsible and reliable bidder offering to supply rock salt or 8 sodium chloride that is mined or hand harvested in the United States or 9 Canada, and which offer is within ten percent of the lowest price or 10 best value offer, rather than to the lowest responsible and reliable 11 bidder. 12 (b) If it has been determined by a court or federal or state agency 13 that any person intentionally: 14 (i) affixed a label bearing a "Made in America" inscription, or any 15 inscription with the same meaning, to any rock salt, or sodium chloride 16 product used in projects to which this section applies, sold in or 17 shipped to the United States that was not mined or hand harvested in the 18 United States[; or]. 19 (ii) affixed a label bearing a "Made in Canada" inscription, or any 20 inscription with the same meaning, to any rock salt, or sodium chloride 21 product used in projects to which this section applies, sold in or 22 shipped to the United States that was not mined or hand harvested in 23 Canada. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD09846-01-5 
 A. 5890 2 1 (iii) represented that any rock salt, or sodium chloride product 2 procured in a contract to which this section applies that was not 3 produced in the United States or Canada, was produced in the United 4 States or Canada, respectively; then that person shall be ineligible to 5 receive any contract or subcontract with this state pursuant to the 6 debarment or suspension provisions provided under section one hundred 7 thirty-nine-a of this chapter. 8 (c) This section shall be applied in a manner consistent with the 9 state's obligations under any applicable international agreements 10 pertaining to government procurement. 11 2. Definitions. For the purposes of this section, the following words 12 shall have the following meanings unless specified otherwise: 13 (a) "Public agency" means a governmental entity as that term is 14 defined in section one hundred thirty-nine-j of this chapter[;]. 15 (b) "Mined or hand harvested in the United States" means: extracted or 16 collected from land or ponds within the boundary of the United States, 17 from the initial separation from the earth through the addition of any 18 additives necessary for commercial sale[;]. 19 (c) "United States" means the United States of America and includes 20 all territory, continental or insular, subject to the jurisdiction of 21 the United States. 22 (d) "Mined or hand harvested in Canada" means: extracted or collected 23 from land or ponds within the boundary of Canada, from the initial sepa- 24 ration from the earth through the addition of any additives necessary 25 for commercial sale. 26 (e) "Canada" means Canada and includes all territory, continental or 27 insular, subject to the jurisdiction of Canada. 28 § 2. Section 104-d of the general municipal law, as amended by chapter 29 72 of the laws of 2023, is amended to read as follows: 30 § 104-d. The New York state buy North American salt act. 1. Use of 31 North American materials. (a) Notwithstanding any other provision of 32 law, when soliciting a contract for the purchase of rock salt or sodium 33 chloride, any department or agency of a political subdivision may award 34 such contract to the responsible and reliable bidder offering to supply 35 rock salt or sodium chloride that is mined or hand harvested in the 36 United States or Canada, and which offer is within ten percent of the 37 lowest price or best value offer, rather than to the lowest responsible 38 and reliable bidder. 39 (b) If it has been determined by a court or federal or state agency 40 that any person intentionally: 41 (i) affixed a label bearing a "Made in America" inscription, or any 42 inscription with the same meaning, to any rock salt, or sodium chloride 43 product used in projects to which this section applies, sold in or 44 shipped to the United States that was not mined or hand harvested in the 45 United States[; or]. 46 (ii) affixed a label bearing a "Made in Canada" inscription, or any 47 inscription with the same meaning, to any rock salt, or sodium chloride 48 product used in projects to which this section applies, sold in or 49 shipped to the United States that was not mined or hand harvested in 50 Canada. 51 (iii) represented that any rock salt, or sodium chloride product 52 procured in a contract to which this section applies that was not 53 produced in the United States or Canada, was produced in the United 54 States or Canada, respectively; then that person shall be ineligible to 55 receive any contract or subcontract with this state pursuant to the 
 A. 5890 3 1 debarment or suspension provisions provided under section one hundred 2 thirty-nine-a of the state finance law. 3 (c) This section shall be applied in a manner consistent with the 4 state's obligations under any applicable international agreements 5 pertaining to government procurement. 6 2. Definitions. For the purposes of this section, the following words 7 shall have the following meanings unless specified otherwise: 8 (a) "Public agency" means a governmental entity as that term is 9 defined in section one hundred thirty-nine-j of the state finance 10 law[;]. 11 (b) "Mined or hand harvested in the United States" means: extracted or 12 collected from land or ponds within the boundary of the United States, 13 from the initial separation from the earth through the addition of any 14 additives necessary for commercial sale[;]. 15 (c) "United States" means the United States of America and includes 16 all territory, continental or insular, subject to the jurisdiction of 17 the United States. 18 (d) "Mined or hand harvested in Canada" means: extracted or collected 19 from land or ponds within the boundary of Canada, from the initial sepa- 20 ration from the earth through the addition of any additives necessary 21 for commercial sale. 22 (e) "Canada" means Canada and includes all territory, continental or 23 insular, subject to the jurisdiction of Canada. 24 § 3. Section 2877-a of the public authorities law, as amended by chap- 25 ter 72 of the laws of 2023, is amended to read as follows: 26 § 2877-a. The New York state buy North American salt act. 1. Use of 27 North American materials. (a) Notwithstanding any other provision of 28 law, when soliciting a contract for the purchase of rock salt or sodium 29 chloride, any public authority may award such contract to the responsi- 30 ble and reliable bidder offering to supply rock salt or sodium chloride 31 that is mined or hand harvested in the United States or Canada, and 32 which offer is within ten percent of the lowest price or best value 33 offer, rather than to the lowest responsible and reliable bidder. 34 (b) If it has been determined by a court or federal or state agency 35 that any person intentionally: 36 (i) affixed a label bearing a "Made in America" inscription, or any 37 inscription with the same meaning, to any rock salt, or sodium chloride 38 product used in projects to which this section applies, sold in or 39 shipped to the United States that was not mined or hand harvested in the 40 United States[; or]. 41 (ii) affixed a label bearing a "Made in Canada" inscription, or any 42 inscription with the same meaning, to any rock salt, or sodium chloride 43 product used in projects to which this section applies, sold in or 44 shipped to the United States that was not mined or hand harvested in 45 Canada. 46 (iii) represented that any rock salt, or sodium chloride product 47 procured in a contract to which this section applies that was not 48 produced in the United States or Canada, was produced in the United 49 States or Canada, respectively; then that person shall be ineligible to 50 receive any contract or subcontract with this state pursuant to the 51 debarment or suspension provisions provided under section one hundred 52 thirty-nine-a of the state finance law. 53 (c) This section shall be applied in a manner consistent with the 54 state's obligations under any applicable international agreements 55 pertaining to government procurement. 
 A. 5890 4 1 2. Definitions. For the purposes of this section, the following words 2 shall have the following meanings unless specified otherwise: 3 (a) "Public authority" means a state, local or interstate authority as 4 those terms are defined in section two of this chapter[;]. 5 (b) "Mined or hand harvested in the United States" means: extracted or 6 collected from land or ponds within the boundary of the United States, 7 from the initial separation from the earth through the addition of any 8 additives necessary for commercial sale[;]. 9 (c) "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 (d) "Mined or hand harvested in Canada" means: extracted or collected 13 from land or ponds within the boundary of Canada, from the initial sepa- 14 ration from the earth through the addition of any additives necessary 15 for commercial sale. 16 (e) "Canada" means Canada and includes all territory, continental or 17 insular, subject to the jurisdiction of Canada. 18 § 4. Section 12-a of the highway law, as amended by chapter 72 of the 19 laws of 2023, is amended to read as follows: 20 § 12-a. The New York state buy North American salt act. 1. Use of 21 North American materials. (a) Notwithstanding any other provision of 22 law, when soliciting a contract for the purchase of rock salt or sodium 23 chloride, the commissioner of transportation may award such contract to 24 the responsible and reliable bidder offering to supply rock salt or 25 sodium chloride that is mined or hand harvested in the United States or 26 Canada, and which offer is within ten percent of the lowest price or 27 best value offer, rather than to the lowest responsible and reliable 28 bidder. 29 (b) If it has been determined by a court or federal or state agency 30 that any person intentionally: 31 (i) affixed a label bearing a "Made in America" inscription, or any 32 inscription with the same meaning, to any rock salt, or sodium chloride 33 product used in projects to which this section applies, sold in or 34 shipped to the United States that was not mined or hand harvested in the 35 United States[; or]. 36 (ii) affixed a label bearing a "Made in Canada" inscription, or any 37 inscription with the same meaning, to any rock salt, or sodium chloride 38 product used in projects to which this section applies, sold in or 39 shipped to the United States that was not mined or hand harvested in 40 Canada. 41 (iii) represented that any rock salt, or sodium chloride product 42 procured in a contract to which this section applies that was not 43 produced in the United States or Canada, was produced in the United 44 States or Canada, respectively; then that person shall be ineligible to 45 receive any contract or subcontract with this state pursuant to the 46 debarment or suspension provisions provided under section one hundred 47 thirty-nine-a of the state finance law. 48 (c) This section shall be applied in a manner consistent with the 49 state's obligations under any applicable international agreements 50 pertaining to government procurement. 51 2. Definitions. For the purposes of this section, the following words 52 shall have the following meanings unless specified otherwise: 53 (a) "Mined or hand harvested in the United States" means: extracted or 54 collected from land or ponds within the boundary of the United States, 55 from the initial separation from the earth through the addition of any 56 additives necessary for commercial sale[;]. 
 A. 5890 5 1 (b) "United States" means the United States of America and includes 2 all territory, continental or insular, subject to the jurisdiction of 3 the United States. 4 (c) "Mined or hand harvested in Canada" means: extracted or collected 5 from land or ponds within the boundary of Canada, from the initial sepa- 6 ration from the earth through the addition of any additives necessary 7 for commercial sale. 8 (d) "Canada" means Canada and includes all territory, continental or 9 insular, subject to the jurisdiction of Canada. 10 § 5. This act shall take effect immediately.