N.Y.
State Finance Law Section 146
Certain construction contracts involving steel
1.
Notwithstanding any other provisions of law, all contracts over one hundred thousand dollars in value made and awarded by any department or agency of the state for the construction, reconstruction, alteration, repair, maintenance or improvement of any public works shall require that structural steel, reinforcing steel and/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 and made and awarded by the department of transportation, the office of general services, and the state university of New York construction fund for the construction, reconstruction, alteration, repair, maintenance or improvement of any surface roads or bridges, 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 such 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 the 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 work.3.
The provisions of this section shall not apply if the head of the department or agency constructing the public works, in his or her sole discretion, determines that such provisions would not be in the public interest, would result in unreasonable costs or that such iron or steel, including without limitation structural iron and structural steel, cannot be produced or made in the United States in sufficient and reasonably available quantities and of satisfactory quality, 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 the structural steel or structural iron; or the structural steel or structural iron is not manufactured in the United States in sufficient and reasonably available quantities or of satisfactory quality or design to meet the department’s or agency’s requirements; or obtaining such steel or iron in the United States would increase the cost of the contract by an unreasonable amount; or such steel or iron 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 agency 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 structural iron or structural steel used in a road or bridge pursuant to this section is made in whole or in substantial part in the United States.
Source:
Section 146 — Certain construction contracts involving steel, https://www.nysenate.gov/legislation/laws/STF/146 (updated Apr. 17, 2020; accessed Apr. 20, 2024).
