What's happening
This bill requires all public contracts in New York to use rock salt mined in the United States, with limited exceptions.
Why it matters
Economic Impact on Domestic Industry. By mandating that all publicly contracted rock salt be mined in the United States, the bill is likely to boost domestic mining operations and potentially create or sustain American jobs in the salt mining sector.
Potential for Increased Costs and Transparency. The law includes a waiver process for cases where U.S.-mined salt is unavailable, unsuitable, or would raise contract costs by over 25%. This process requires public notice and comment, increasing transparency but possibly introducing delays or administrative burden in urgent procurement situations.
Strict Penalties for Misrepresentation. Any contractor found falsely labeling or misrepresenting foreign salt as U.S.-mined will face debarment from future state contracts, imposing strong incentives for supply chain accountability and honesty.
International Trade and Procurement Compliance. The bill must be applied in a manner consistent with New York’s obligations under international agreements, which could limit its reach or effectiveness if such requirements are challenged under trade rules.
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Who cares
Headline styles
Require American-Mined Salt
Plain English, a few words. Used as the page title.
Sponsors
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History
- Referred to rules
Full text
6 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
8966
IN SENATE
September 4, 2020
Introduced by Sen. KENNEDY -- read twice and ordered printed, and when printed to be committed to the Committee on Rules
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 salt act
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 and may be cited as the "New York state buy American salt act".
§ 2. The state finance law is amended by adding a new section 162-a to read as follows:
§ 162-a. The New York state buy American salt act. 1. Use of American materials. (a) Notwithstanding any other provision of law, each contract for purchase or procurement made by a public agency shall contain a provision that the rock salt, or sodium chloride, used or supplied in the performance of the contract or any subcontract thereto shall be mined in the United States.
(b) For the purposes of section one hundred sixty-three of this article, 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 the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) that inclusion of domestic material will increase the cost of the overall procurement 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
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD16749-01-0
S. 8966 2
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 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 America" inscription, or any inscription with the same meaning, to any rock salt, or sodium chloride product used in projects to which this section applies, sold in or shipped to the United States that was not mined in the United States; or
(ii) represented that any rock salt, or sodium chloride product procured in a contract to which this section applies that was not produced in the United States, was produced in the United States; 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) "Mined in the United States" means: extracted from land within the boundary of the United States, from the initial separation from the earth through the addition of any additives necessary for commercial sale;
(d) "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.
§ 3. The general municipal law is amended by adding a new section 104-d to read as follows:
§ 104-d. The New York state buy American salt act. 1. Use of American materials. (a) Notwithstanding any other provision of law, each contract for purchase or procurement made by a public agency of a political subdivision shall contain a provision that the rock salt, or sodium chloride, used or supplied in the performance of the contract or any subcontract thereto shall be mined in the United States.
(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
S. 8966 3
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 the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) that inclusion of domestic material will increase the cost of the overall procurement 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 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 America" inscription, or any inscription with the same meaning, to any rock salt, or sodium chloride product used in projects to which this section applies, sold in or shipped to the United States that was not mined in the United States; or
(ii) represented that any rock salt, or sodium chloride product procured in a contract to which this section applies that was not produced in the United States, was produced in the United States; 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) "Mined in the United States" means: extracted from land within the boundary of the United States, from the initial separation from the
S. 8966 4
earth through the addition of any additives necessary for commercial sale;
(d) "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.
§ 4. The public authorities law is amended by adding a new section 2877-a to read as follows:
§ 2877-a. The New York state buy American salt act. 1. Use of American materials. (a) Notwithstanding any other provision of law, each contract for purchase or procurement made by a public authority shall contain a provision that the rock salt, or sodium chloride, used or supplied in the performance of the contract or any subcontract thereto shall be mined in the United States.
(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 section would be inconsistent with the public interest;
(ii) that such materials and products are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality; or
(iii) that inclusion of domestic material will increase the cost of the overall procurement 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 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 America" inscription, or any inscription with the same meaning, to any rock salt, or sodium chloride product used in projects to which this section applies, sold in or shipped to the United States that was not mined in the United States; or
(ii) represented that any rock salt, or sodium chloride product procured in a contract to which this section applies that was not produced in the United States, was produced in the United States; then
S. 8966 5
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 state, local or interstate authority as those terms are defined in section two of this chapter;
(c) "Mined in the United States" means: extracted from land within the boundary of the United States, from the initial separation from the earth through the addition of any additives necessary for commercial sale;
(d) "United States" means the United States of America and includes all territory, continental or insular, subject to the jurisdiction of the United States.
§ 5. The highway law is amended by adding a new section 12-a to read as follows:
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
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 salt act
Summary of provisions
Section one amends the title of the bill as the "New York state buy American salt act."
Section two amends the state finance law by adding a new Section 162a to provide that any agency or authority purchasing rock salt must purchase American mined salt, subject to waiver and other provisions.
Section three amends the general municipal law by adding a new section 104d to provide that any public agency or political subdivision purchas- ing rock salt must purchase American mined salt, subject to waiver and other provisions.
Section four amends the public authorities law by adding a new section 2877a to provide that any public authority within the state must purchase American mined salt, subject to waiver and other provisions.
Section five amends the highway law by adding a new section 12a to provide that any public authority purchasing rock salt must purchase American mined salt, subject to waiver and other provisions.
Section six contains the severability clause. Section seven sets the effective date.
Justification
New York State has at least two salt mines in the state that provide rock salt for road de-icing purposes, with these two large mines located in Upstate New York. Despite these mines offering good paying jobs for workers, competition with foreign salt operations has recently harmed each mine. For example in 2019, a mine near Rochester laid off 260 employees when non-US companies were awarded over $18.8 million in state contracts, representing about 7% of its overall business. Stories of salt mined in Egypt sitting in ports along the Hudson River have become common, despite our state and country having operational salt mines here in the United States.
Salt mined in New York State adds an estimated $3.00 in tax revenue for every ton of salt mined, providing a financial boon to the state and various counties, in addition to employing workers, clearly showing the fiscal and economic benefits to purchasing material produced in the state. New York has previously prioritized the purchase of goods by focusing on a buy American strategy, most recently in 2017 when the Governor and Legislature agreed to prioritize American made steel in state contracts. While purchasing American products does not necessarily mean New York products will be purchased, it does present a legal frame- work that still gives New York mines an advantage over foreign competi- tion.
Legislative history
New Bill
Fiscal implications for state and local governments
TBD
Effective date
This act shall take effect immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.