N.Y. General Municipal Law Section 103-H
Restriction on purchasing certain technology which poses a security threat


1.

(a) Notwithstanding any inconsistent provision of law a political subdivision shall not enter into or renew any contract or agreement to procure information and communications technology, including hardware, systems, devices, software, or services that include embedded or incidental information technology, which are prohibited from federal procurement pursuant to section 889 of Public Law 115-232 of 2018, or which are included on the list created pursuant to subdivision two of State Finance Law § 163-E (Restriction on purchasing certain technology which poses a security threat)section one hundred sixty-three-e of the state finance law.

(b)

The term “information and communications technology” means:

(i)

information technology, as defined in 40 U.S.C. 11101;

(ii)

information systems, as defined in 44 U.S.C. 3502; and

(iii)

telecommunications equipment and telecommunications services, as those terms are defined in section 3 of the Communications Act of 1934 (47 U.S.C. 153).

2.

The commissioner of homeland security and emergency services, the commissioner of the office of general services, the adjutant general, the chief information officer, the chief cyber officer, the chief technology officer of the city of New York and any federal agency authorized under section 889 of Public Law 115-232 of 2018, may provide a waiver from this section if:

(a)

any such entity determines the waiver is in the interest of the political subdivision;

(b)

no compliant product or service is available to be procured as, and when, needed at United States market prices or a price that is not considered prohibitively expensive; and

(c)

such waiver could not reasonably be expected to compromise the security or integrity of a computer network operated by an instrumentality of the state.

4.

Nothing in this section shall be construed:

(a)

to require any information and communications technology resident in equipment, systems, or services as of the day before the effective date of this section to be removed or replaced;

(b)

to prohibit or limit the utilization of such information and communications technology throughout the lifecycle of such existing equipment; or

(c)

to require the recipient of a state contract, grant, loan, or loan guarantee to replace information and communications technology resident in equipment, systems, or services before the effective date of this section. * NB Effective December 19, 2028

Source: Section 103-H — Restriction on purchasing certain technology which poses a security threat, https://www.­nysenate.­gov/legislation/laws/GMU/103-H (updated Dec. 26, 2025; accessed Jan. 3, 2026).

100
Definitions
100–A
Declaration of policy
101
Separate specifications for certain public work
102
Deposits on plans and specifications
103
Advertising for bids and offers
103–A
Ground for cancellation of contract by municipal corporations and fire districts
103–B
Disqualification to contract with municipal corporations and fire districts
103–C
Removal of disqualification of public contractors by petition
103–D
Statement of non-collusion in bids and proposals to political subdivision of the state
103–E
Conspiracies to prevent competitive bidding or competitive offering on public contracts
103–F
Security bonds
103–G
Iranian energy sector divestment
103–H
Restriction on purchasing certain technology which poses a security threat
104
Purchase through office of general services
104–A
Purchasing of products for public use
104–B
Procurement policies and procedures
104–C
Disposal of surplus computer equipment
104–D
The New York state buy American salt act
105
Disposition of deposit accompanying bid
106
Withdrawal of retained percentages
106–A
Service charge for receiving, handling and disbursing funds and coupons
106–B
Payment on public work projects
107
Claims against political subdivisions
108
Workmen’s compensation insurance on public works
109
Assignment of public contracts
109–A
Purchases through the office of general services by certain public associations
109–B
Installment contracts
109–C
Purchases through county contracts by certain not-for-profit corporations
109–D
Emergency vehicle warranties
109–E
Additional requirements for right-of-way permits

Verified:
Jan. 3, 2026

Last modified:
Dec. 26, 2025

§ 103-H. Restriction on purchasing certain technology which poses a security threat's source at nysenate​.gov

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