S 4717: Relates to the purchase of personal protective equipment and medical supplies produced or manufactured in the state of New York.

  
  STATE OF NEW YORK ________________________________________________________________________ 4717 2025-2026 Regular Sessions  IN SENATE February 12, 2025 ___________ Introduced by Sen. FAHY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to amend the state finance law and the public authorities law, in relation to the purchase of personal protective equipment and medical supplies produced or manufactured in the state of New York The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions 1 and 3 of section 148 of the state finance 2 law, as added by section 2 of part BB of chapter 55 of the laws of 2021, 3 are amended to read as follows: 4 1. Notwithstanding any other provisions of law, all contracts over 5 fifty thousand dollars in value made and awarded by any department or 6 agency of the state for the purchase of personal protective equipment or 7 medical supplies shall require that the personal protective equipment or 8 medical supply items be produced or made in whole or substantial part in 9 the [United States] state of New York; and shall utilize, to the extent 10 practicable, preferred sources in accordance with section one hundred 11 sixty-two of the state finance law, for at least thirty percent of such 12 personal protective equipment or medical supply items. 13 3. The provisions of this section shall not apply if the head of the 14 department or agency purchasing the personal protective equipment or 15 medical supplies, in [his or her] the head's sole discretion, determines 16 that such provisions would not be in the public interest; that obtaining 17 such personal protective equipment or medical supplies produced or made 18 in the state of New York or in the United States would increase the cost 19 of the contract by an unreasonable amount; that such personal protective 20 equipment or medical supplies cannot be produced or made in the state of 21 New York or in the United States in sufficient and reasonably available 22 quantities and of satisfactory quality or design to meet the depart- 23 ment's or agency's requirements; or that purchasing personal protective 24 equipment or medical supplies manufactured outside of the state of New EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD02992-01-5 
 S. 4717 2 1 York or outside of the United States is necessary to avoid a delay in 2 the delivery of critical services that could compromise the public 3 welfare. In the event a New York state source or a preferred source is 4 not able to supply personal protective equipment or medical supply 5 items, any other personal protective equipment or medical supply items 6 produced or made in whole or substantial part in the United States may 7 be utilized to satisfy the requirements of this subdivision. 8 § 2. Subdivisions 1 and 3 of section 2878-c of the public authorities 9 law, as added by section 3 of part BB of chapter 55 of the laws of 2021, 10 are amended to read as follows: 11 1. Notwithstanding any other provisions of law, all contracts over 12 fifty thousand dollars in value made and awarded by any state authority 13 for the purchase of personal protective equipment or medical supplies 14 shall require that the personal protective equipment or medical supply 15 items be produced or made in whole or substantial part in the [United 16 States] state of New York; and shall utilize, to the extent practicable, 17 preferred sources in accordance with section one hundred sixty-two of 18 the state finance law, for at least thirty percent of such personal 19 protective equipment or medical supply items. 20 3. The provisions of this section shall not apply if the head of the 21 state authority purchasing the personal protective equipment or medical 22 supplies, in [his or her] the head's sole discretion, determines that 23 such provisions would not be in the public interest; that obtaining such 24 personal protective equipment or medical supplies in the state of New 25 York or outside of the United States would increase the cost of the 26 contract by an unreasonable amount; that such personal protective equip- 27 ment or medical supplies cannot be produced or made in the state of New 28 York or in the United States in sufficient and reasonably available 29 quantities and of satisfactory quality or design to meet the state 30 authority's requirements; or that purchasing personal protective equip- 31 ment or medical supplies manufactured outside of the state of New York 32 or outside of the United States is necessary to avoid a delay in the 33 delivery of critical services that could compromise the public welfare. 34 In the event a New York state source or a preferred source is not able 35 to supply personal protective equipment or medical supply items, any 36 other personal protective equipment or medical supply items produced or 37 made in whole or substantial part in the United States may be utilized 38 to satisfy the requirements of this subdivision. 39 § 3. This act shall take effect on the sixtieth day after it shall 40 have become a law and shall apply to any state contracting opportunities 41 advertised on or after such date and shall exclude contracts for which 42 an invitation for bid, request for proposal, or similar solicitation has 43 been issued prior to this proposal becoming effective.