NY Pub Auth L § 2603-A (2021)
2021 New York Laws PBA - Public Authorities Article 9 - General Provisions Title 4 - Contracts of Public Authorities 2603-A - Letting of Certain Contracts Involving Steel Products.

§  2603-a.  Letting  of certain contracts involving steel products. 1.   Notwithstanding any other provision of law, all public authorities shall   award contracts involving steel products as follows:a.  All  purchase  contracts  for  supplies,  material  or   equipment   involving  an  estimated expenditure in excess of fifty thousand dollars   shall require with respect to materials, supplies and equipment made of,   fabricated  from,  or  containing  steel  components,  that  such  steel   components  be  produced  or  made  in  whole or substantial part in the   United States, its territories or possessions. The  provisions  of  this   paragraph  shall  not  apply  to motor vehicles and automobile equipment   assembled in Canada in conformity with the United States-Canadian  trade   agreements  known  as the "Automotive Products Trade Act of 1965" or any   amendments thereto.b. All contracts in excess of one hundred  thousand  dollars  for  the   construction,   reconstruction,   alteration,   repair,  maintenance  or   improvement of public works shall require  that  all  structural  steel,   reinforcing  steel  or other major steel items to be incorporated in the   work of the contract shall be produced or made in whole  or  substantial   part in the United States, its territories or possessions.2.  Notwithstanding the provisions of subdivision one of this section,   all contracts over one million dollars in value made and awarded by  the   dormitory  authority,  the  metropolitan  transportation  authority, the   bridge authority or the thruway authority, on its  account  or  for  the   benefit   of   a  state  agency  or  authority,  for  the  construction,   reconstruction, alteration, repair, maintenance or  improvement  of  any   road  or  bridge, shall contain a provision that the structural iron and   structural steel used or supplied in the performance of the contract  or   any  subcontract  thereto  and permanently incorporated into the surface   road or bridge shall be produced or made in whole or substantial part in   the United States, its territories or possessions.  In  the  case  of  a   structural  iron or structural steel product all manufacturing must take   place in the United States, from the initial melting stage  through  the   application  of  coatings,  except metallurgical processes involving the   refinement  of  steel  additives.  For   purposes   of   this   section,   "permanently  incorporated"  shall mean an iron or steel product that is   required to remain in place at the end of the  project  contract,  in  a   fixed location, affixed to the public work to which it was incorporated.   Iron  and  steel  products  that  are  capable  of  being moved from one   location to another are  not  permanently  incorporated  into  a  public   building or public work.3.  The  provisions  of  this section shall not apply if the governing   board or body of such public authority, in  its  discretion,  determines   that  such  provisions  would  result in unreasonable costs or that such   iron, steel products or steel components  including  without  limitation   structural  iron  and  steel;  cannot  be produced or made in the United   States  in  sufficient  and  reasonably  available  quantities   or   of   satisfactory quality or design, or would result in the loss or reduction   of  federal  funding  for  the subject contract or the ability to obtain   such federal funding would be limited or jeopardized by compliance  with   this  section;  or  there is an immediate or emergency need existing for   such structural iron, structural  steel  products  or  structural  steel   components;  or  such  steel  or  iron is not manufactured in the United   States  in  sufficient  and  reasonably  available  quantities   or   of   satisfactory  quality or design to meet the authority's requirements; or   obtaining for such iron, steel  products  or  steel  components  in  the   United States would increase the cost of the contract by an unreasonable   amount;  or  for  such  iron,  steel  products  or  steel  components is   necessary for the operation of or  repairs  of  critical  infrastructure    that  is necessary to avoid a delay in the delivery of critical services   that  could  compromise  the  public  welfare;  or  a  reciprocal  trade   agreement  or  treaty  has been negotiated by the state or by the United   States  government  on  behalf of or including this state with a foreign   nation or  government  for  nondiscriminatory  governmental  procurement   practices or policies with such foreign nation or government.4.  Nothing  in  this  section  is intended to contravene any existing   treaties, laws, trade agreements, or regulations of the United States or   subsequent trade agreements entered into between any  foreign  countries   and the state or the United States.5.  Any  authority  subject to the provisions of this section shall be   authorized  to  establish  rules  and  regulations  for  the   effective   administration  of  this  section,  provided  however,  nothing  in this   section shall be interpreted to require a contractor to certify that the   iron or steel used in a road or bridge pursuant to this section is  made   in whole or in substantial part in the United States.