NY Gen Mun L § 103-G (2021)
2021 New York Laws GMU - General Municipal Article 5-A - Public Contracts 103-G - Iranian Energy Sector Divestment.

§ 103-g. Iranian energy sector divestment. 1. As used in this section:   a. "Energy sector" shall have the same meaning as defined in paragraph (a)  of subdivision one of section one hundred sixty-five-a of the state finance law.   b. "Financial institution" shall have the same meaning as  defined  in paragraph  (b) of subdivision one of section one hundred sixty-five-a of the state finance law.   c. "Investment" shall have the same meaning as  defined  in  paragraph (c)  of subdivision one of section one hundred sixty-five-a of the state finance law.   d. "Iran" shall have the same meaning as defined in paragraph  (d)  of subdivision one of section one hundred sixty-five-a of the state finance law.   e. "Person" shall have the same meaning as defined in paragraph (e) of subdivision one of section one hundred sixty-five-a of the state finance law.   2.  For  purposes  of  this  section,  a  person engages in investment activities in Iran if:   a. The person provides goods or services of twenty million dollars  or more  in the energy sector of Iran, including a person that provides oil or liquefied natural gas tankers,  or  products  used  to  construct  or maintain  pipelines  used to transport oil or liquefied natural gas, for the energy sector of Iran; or   b. The person is a financial institution that extends  twenty  million dollars  or  more  in  credit  to another person, for forty-five days or more, if that person will use the credit to provide goods or services in the energy sector in Iran.   3. A person that is identified on a list created pursuant to paragraph (b) of subdivision three of section  one  hundred  sixty-five-a  of  the state  finance law as a person engaging in investment activities in Iran as described in subdivision two of this section, shall not be  deemed  a responsible  bidder  or offerer pursuant to section one hundred three of this article.   4. Every bid or proposal hereafter made to a political subdivision  of the  state  or  any  public department, agency or official thereof where competitive bidding is required by statute, rule,  regulation  or  local law,  for work or services performed or to be performed or goods sold or to be sold, shall contain the  following  statement  subscribed  by  the bidder  and  affirmed  by  such  bidder  as  true under the penalties of perjury:   a. "By submission of this bid, each bidder and each person signing  on behalf  of  any  bidder  certifies,  and in the case of a joint bid each party thereto certifies as to its own  organization,  under  penalty  of perjury,  that  to the best of its knowledge and belief that each bidder is not on the list created pursuant to paragraph (b) of subdivision 3 of section 165-a of the state finance law."   b. Notwithstanding paragraph a of this subdivision, the  statement  of non-investment   in   the   Iranian   energy  sector  may  be  submitted electronically in accordance with the provisions of subdivision  one  of section one hundred three of this article.   c. A bid shall not be considered for award nor shall any award be made where the condition set forth in paragraph a of this subdivision has not been  complied  with;  provided, however, that if in any case the bidder cannot make the foregoing certification, the bidder shall so  state  and shall furnish with the bid a signed statement which sets forth in detail the  reasons  therefor.  A  political  subdivision  may award a bid to a bidder who cannot make the certification pursuant to paragraph a of this subdivision on a case-by-case basis if:  (1) The investment activities in Iran were made before  the  effective date  of  this  section, the investment activities in Iran have not been expanded or renewed after the effective date of this  section,  and  the person  has  adopted,  publicized,  and is implementing a formal plan to cease  the investment activities in Iran and to refrain from engaging in any new investments in Iran; or  (2) The political subdivision makes a determination that the goods  or services  are  necessary  for  the  political subdivision to perform its functions and that, absent such an exemption, the political  subdivision would  be  unable to obtain the goods or services for which the contract is offered. Such determination shall be made in writing and shall  be  a public document.