2023 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.