What's happening
The "Buy New York Act" requires state agencies to prioritize New York-made goods and services in contracts, and provides tax credits to businesses sourcing materials from other New York businesses.
Why it matters
Strengthens requirements for New York sourcing in government contracts. State agencies are now required—not just permitted—to prefer New York-grown, produced, or processed food products, commodities, and services, so long as prices are competitive. This could create more predictable and stable demand for local producers.
Expands "Buy New York" standards to public works and construction. All contracts for public buildings, highways, and other public works must use New York-manufactured iron, steel, and goods (with specific origin standards), unless those products are unavailable, too costly (over 25% more), or against the public interest. This could boost manufacturing and supply chains within New York State.
Public transparency and accountability for waivers. If an agency seeks an exemption from New York sourcing rules, it must provide a public notice, allow comments for 30 days, and publish a detailed justification before granting any waiver. This adds a layer of oversight and transparency to exceptions, making it harder to circumvent the law without public scrutiny.
Creates substantial, tiered tax credits to incentivize local supply chains. New York businesses that source a significant percentage of their materials from other New York businesses can claim tax credits, with higher credits for higher local content (up to $25,000 for 100% local sourcing). This is designed to strengthen intra-state business relationships and keep more economic activity within New York.
Imposes penalties for misrepresentation. Businesses found falsely labeling products as “Made in New York” can be barred from state contracts, deterring fraudulent claims and protecting the integrity of the program.
*Why this matters**. These measures collectively aim to reinforce New York’s economic ecosystem, potentially supporting job growth, local industry resilience, and recirculating public investment within the state. At the same time, the law includes safeguards for cost and availability, and obliges public accountability for exceptions, balancing local priorities with practical constraints.
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Prioritize New York Businesses
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History
- Referred to governmental operations
- Referred to governmental operations
Full text
10 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
5510
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
Introduced by M. of A. BRINDISI -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to requiring state agencies to give preference to food products, commodities, and services from New York state; to amend the state finance law, public authorities law, the highway law, the general municipal… Show allHide
AN ACT to amend the state finance law, in relation to requiring state agencies to give preference to food products, commodities, and services from New York state; to amend the state finance law, public authorities law, the highway law, the general municipal law, and the public buildings law, in relation to requiring the use of New York made iron, steel and manufactured products in certain government contracts; to amend the tax law in relation to creating a tax credit for New York state businesses that source materials and supplies manufactured by other New York state businesses; and to repeal certain provisions of the public authorities law and the state finance law relating thereto
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Short title. This act shall be known as the "Buy New York Act".
§ 2. Paragraph a of subdivision 4 of section 165 of the state finance law, as amended by chapter 533 of the laws of 2013, is amended to read as follows:
a. Except as otherwise provided in this subdivision, when letting contracts for the purchase of food products on behalf of facilities and institutions of the state, solicitation specifications of the office of general services and any other agency, department, office, board or commission [may] shall require provisions that mandate that all or some of the required food products are grown, produced or harvested in New York state, or that any processing of such food products take place in facilities located within New York state, provided that such contracts for food products are priced competitively.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD06591-01-7
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§ 3. Subparagraph (ii) of paragraph a of subdivision 3 of section 163 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows:
(ii) Commodities contracts shall be awarded on the basis of lowest price to a responsive and responsible offerer, with preference given to commodity contracts from New York companies, if such contracts are priced competitively; or, in the case of multiple awards, in accordance with paragraph c of subdivision ten of this section.
§ 4. Paragraph d of subdivision 4 of section 163 of the state finance law, as added by chapter 83 of the laws of 1995, is amended to read as follows:
d. Service contracts shall be awarded on the basis of best value to a responsive and responsible offerer, with preference given to service contracts from New York companies, if such contracts are priced competitively; or, in the case of multiple awards, in accordance with paragraph c of subdivision ten of this section.
§ 5. Section 146 of the state finance law is REPEALED and a new section 146 is added to read as follows:
§ 146. New York materials. 1. Use of New York materials. (a) Notwithstanding any other provision of law, each contract for the construction, reconstruction, alteration or improvement of a public building of public works made by a public agency shall contain a provision that the iron, steel, and manufactured products used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into the public building or public works shall be manufactured in New York, provided such contract is priced competitively.
(b) For the purposes of section one hundred sixty-three of this chapter, no bidder shall be deemed to be the lowest responsible and reliable bidder and no bid shall be deemed the best value unless the bid offered by such bidder will comply with the contract term required by paragraph (a) of this subdivision.
(c) The provisions of paragraph (a) of this subdivision shall not apply in any case or category of cases in which the executive head of a public agency finds:
(i) that the application of this section would be inconsistent with the public interest;
(ii) that such materials and products are not produced in New York in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) that inclusion of New York material will increase the cost of the overall project contract by more than twenty-five percent.
(d) If the executive receives a request for a waiver under paragraph (c) of this subdivision, the executive shall provide notice of and an opportunity for public comment on the request at least thirty days before making a finding based on the request.
(e) A notice provided under paragraph (d) of this subdivision shall:
(i) summarize the information available to the executive concerning the request, including whether the request is being made under subparagraph (i), (ii) or (iii) of paragraph (c) of this subdivision;
(ii) be posted prominently on the official public internet web site of the agency; and
(iii) be provided by electronic means to any person, firm or corporation that has made a written or electronic request to the public agency for notice of waiver actions by the executive within five (5) years prior to the date of notice.
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(f) If the executive issues a waiver under paragraph (c) of this subdivision, the executive shall publish in the same manner as the original notice a detailed justification for the waiver that:
(i) addresses the public comments received under paragraph (d) of this subdivision; and
(ii) is published before the waiver takes effect.
(g) If it has been determined by a court or federal or state agency that any person intentionally:
(i) affixed a label bearing a "Made in New York" inscription, or any inscription with the same meaning, to any iron, steel or manufactured product used in projects to which this section applies, sold in or shipped to New York that was not made in New York; or
(ii) represented that any iron, steel or manufactured product used in projects to which this section applies that was not produced in New York , was produced in New York; then that person shall be ineligible to receive any contract or subcontract with this state pursuant to the debarment or suspension provisions provided under section one hundred thirty-nine-a of this article.
(h) This section shall be applied in a manner consistent with the state's obligations under any applicable international agreements pertaining to government procurement.
2. Definitions. For the purposes of this section, the following words shall have the following meanings unless specified otherwise:
(a) "Executive" means the executive head of a public agency subject to this section;
(b) "Public agency" means a governmental entity as that term is defined in section one hundred thirty-nine-j of this article;
(c) "Manufactured in New York" means: (i) in the case of an iron or steel product all manufacturing must take place in New York, from the initial melting stage through the application of coatings, except metallurgical processes involving the refinement of steel additives; and
(ii) in the case of a manufactured product, a product will be considered manufactured in New York if:
(A) all of its manufacturing processes take place in New York, and
(B) more than sixty percent of the components of the manufactured good, by cost, are of New York origin. If, under the terms of this subparagraph, a component is determined to be of New York origin, its entire cost may be used in calculating the cost of New York content of an end product.
(d) "New York" means the state of New York and includes all territory subject to the jurisdiction of New York state.
§ 6. Section 2603-a of the public authorities law is REPEALED and a new section 2877-a is added to read as follows:
§ 2877-a. New York materials. 1. Use of New York materials. (a) Notwithstanding any other provision of law, each contract for the construction, reconstruction, alteration or improvement of a public building of public works made by a public agency shall contain a provision that the iron, steel, and manufactured products used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into the public building or public works shall be manufactured in New York, provided such contract is priced competitively.
(b) For the purposes of section one hundred sixty-three of this chapter, no bidder shall be deemed to be the lowest responsible and reliable bidder and no bid shall be deemed the best value unless the bid offered
A. 5510 4
by such bidder will comply with the contract term required by paragraph (a) of this subdivision.
(c) The provisions of paragraph (a) of this subdivision shall not apply in any case or category of cases in which the executive head of a public agency finds:
(i) that the application of this section would be inconsistent with the public interest;
(ii) that such materials and products are not produced in New York in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) that inclusion of New York material will increase the cost of the overall project contract by more than twenty-five percent.
(d) If the executive receives a request for a waiver under paragraph (c) of this subdivision, the executive shall provide notice of and an opportunity for public comment on the request at least thirty days before making a finding based on the request.
(e) A notice provided under paragraph (d) of this subdivision shall:
(i) summarize the information available to the executive concerning the request, including whether the request is being made under subparagraph (i), (ii) or (iii) of paragraph (c) of this subdivision;
(ii) be posted prominently on the official public internet web site of the agency; and
(iii) be provided by electronic means to any person, firm or corporation that has made a written or electronic request to the public agency for notice of waiver actions by the executive within five (5) years prior to the date of notice.
(f) If the executive issues a waiver under paragraph (c) of this subdivision, the executive shall publish in the same manner as the original notice a detailed justification for the waiver that:
(i) addresses the public comments received under paragraph (d) of this subdivision; and
(ii) is published before the waiver takes effect.
(g) If it has been determined by a court or federal or state agency that any person intentionally:
(i) affixed a label bearing a "Made in New York" inscription, or any inscription with the same meaning, to any iron, steel or manufactured product used in projects to which this section applies, sold in or shipped to New York that was not made in New York; or
(ii) represented that any iron, steel or manufactured product used in projects to which this section applies that was not produced in New York, was produced in New York; then that person shall be ineligible to receive any contract or subcontract with this state pursuant to the debarment or suspension provisions provided under section one hundred thirty-nine-a of the state finance law.
(h) This section shall be applied in a manner consistent with the state's obligations under any applicable international agreements pertaining to government procurement.
2. Definitions. For the purposes of this section, the following words shall have the following meanings unless specified otherwise:
(a) "Executive" means the executive head of a public agency subject to this section;
(b) "Public agency" means a governmental entity as that term is defined in section one hundred thirty-nine-j of the state finance law;
(c) "Manufactured in New York" means: (i) in the case of an iron or steel product all manufacturing must take place in New York, from the
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initial melting stage through the application of coatings, except metallurgical processes involving the refinement of steel additives; and
(ii) in the case of a manufactured product, a product will be considered manufactured in New York if:
(A) all of its manufacturing processes take place in New York, and
(B) more than sixty percent of the components of the manufactured good, by cost, are of New York origin. If, under the terms of this subparagraph, a component is determined to be of New York origin, its entire cost may be used in calculating the cost of New York content of an end product.
(d) "New York" means the state of New York and includes all territory subject to the jurisdiction of New York state.
§ 7. Section 38 of the highway law is amended by adding a new subdivision 10 to read as follows:
10. Use of New York materials. (a) Notwithstanding any other provision of law, each contract for the construction, reconstruction, alteration or improvement of a highway or other public works made by a public agency shall contain a provision that the iron, steel, and manufactured products used or supplied in the performance of the contract or any subcontract thereto and permanently incorporated into the public building or public works shall be manufactured in New York, provided that such contracts are priced competitively.
(b) No bidder shall be deemed to be the lowest responsible and reliable bidder and no bid shall be deemed the best value unless the bid offered by such bidder will comply with the contract term required by paragraph (a) of this subdivision.
(c) The provisions of paragraph (a) of this subdivision shall not apply in any case or category of cases in which the executive head of a public agency finds:
(i) that the application of this subdivision would be inconsistent with the public interest;
(ii) that such materials and products are not produced in New York in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) that inclusion of New York material will increase the cost of the overall project contract by more than twenty-five percent.
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