New York A 2267: Provides a preference for New York state contractors for purposes of public works contracts

Bill Text

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A02267 Summary:

BILL NOA02267 

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SAME ASNo Same As

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SPONSORRa

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COSPNSRBrabenec

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MLTSPNSR

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Add Art 9 §149, St Fin L

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Provides a preference for New York state contractors for purposes of public works contracts; authorizes the commissioner of economic development and the commissioner of labor to promulgate necessary rules and regulations; requires a report to the legislature; makes related provisions.

Go to top A02267 Actions:

BILL NOA02267 

&nbsp

01/16/2025referred to governmental operations

01/07/2026referred to governmental operations

Go to topA02267 Committee&nbspVotes:

Go to topA02267 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA02267 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 2267

 2025-2026 Regular Sessions

 IN ASSEMBLY

 January 16, 2025
 ___________

 Introduced by M. of A. RA, BRABENEC -- read once and referred to the
 Committee on Governmental Operations

 AN ACT to amend the state finance law, in relation to providing a pref-
 erence to New York state contractors for purposes of public works
 contracts

 The People of the State of New York, represented in Senate and Assem-
 bly, do enact as follows:

 1 Section 1. Article 9 of the state finance law is amended by adding a
 2 new section 149 to read as follows:
 3 § 149. Preference for New York state contractors. 1. Except as other-
 4 wise provided in this section, when letting contracts in accordance with
 5 section one hundred thirty-five of this article for the purpose of
 6 erecting, constructing, reconstructing, altering or repairing buildings
 7 of the state, bid specifications of every officer, board, department,
 8 commission or commissions charged with the duty of preparing specifica-
 9 tions or awarding such contracts may require provisions that mandate
 10 that the essential components of such projects be produced or processed
 11 in facilities located within the state and that the services for work,
 12 labor and supervision of such projects be performed by partnerships,
 13 firms, businesses or corporations which are residents of the state.
 14 2. The commissioner of economic development and the commissioner of
 15 labor shall determine, using uniform criteria, those types of components
 16 and services for which the requirements of this section are deemed bene-
 17 ficial and shall promulgate and forward to the appropriate agencies a
 18 list of such components and services. Such commissioners shall update
 19 such list as often as is deemed by them to be necessary.
 20 3. (a) The commissioner of economic development and the commissioner
 21 of labor shall specify the percentage of unemployment required to exist
 22 in the pertinent industries within the state and the percentage of each
 23 component required to be produced or processed in the state.

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD05689-01-5

 A. 2267 2

 1 (b) Upon a determination by such commissioners that a sufficient
 2 percentage of unemployment in the pertinent industries of New York
 3 produced or processed components does not exist in the state, the spec-
 4 ifications requiring the use of New York produced or processed compo-
 5 nents or New York services for work, labor and supervision shall be
 6 waived.
 7 (c) In the event that no acceptable bids are received, the provisions
 8 of this section may be waived and the contract may be awarded in accord-
 9 ance with other applicable statutes. In addition, if such commissioners
 10 agree to the deleterious economic impact of these specifications, the
 11 provisions of this section may be waived.
 12 4. The commissioner of economic development and the commissioner of
 13 labor may issue such regulations as they deem necessary and proper for
 14 the implementation of this section.
 15 5. (a) With each bid, the bidder shall certify that the components and
 16 services for work, labor and supervision to be utilized shall be in
 17 conformity with the provisions of this section.
 18 (b) Any successful bidder who fails to comply with the provisions of
 19 this section shall forfeit the right to bid on contracts let under the
 20 provisions of this secti