§ 66-V — Requirements for certain climate risk-related and energy transition projects

§ 66-v. Requirements for certain climate risk-related and energy\ntransition projects. 1. Each contract using funds from the New York\nclimate action fund climate investment account established pursuant to\nsection ninety-nine-qq of the state finance law for a covered climate\nrisk-related and energy transition project shall contain a provision\nthat the iron and steel used or supplied in the performance of the\ncontract or any subcontract thereto and that is permanently incorporated\ninto the project, shall be produced or made in whole or substantial part\nin the United States, its territories or possessions. In the case of an\niron or steel product, all manufacturing must take place in the United\nStates, its territories or possessions, from the initial melting stage\nthrough the application of coatings, except metallurgical processes\ninvolving the refinement of steel additives. For the purposes of this\nsubdivision, "permanently incorporated" shall mean an iron or steel\nproduct that is required to remain in place at the end of the project\ncontract, in a fixed location, affixed to the project to which it was\nincorporated. Iron and steel products that are capable of being moved\nfrom one location to another shall not be considered permanently\nincorporated.\n 2. The provisions of subdivision one of this section shall not apply\nif the head of the public entity providing funds, in his or her sole\ndiscretion, determines that the provisions would not be in the public\ninterest, would result in unreasonable costs, or that obtaining such\nsteel or iron in the United States, its territories or possessions would\nincrease the cost of the contract by an unreasonable amount, or such\niron or steel, including without limitation iron and steel, cannot be\nproduced or made in the United States its territories or possessions in\nsufficient and reasonably available quantities and of satisfactory\nquality.\n 3. The head of the public entity providing funds generated from the\nNew York climate action fund climate investment account established\npursuant to section ninety-nine-qq of the state finance law may, in his\nor her sole discretion, provide for in a request for proposal,\ninvitation for bid, or solicitation of proposal, or any other method\nprovided for by law or regulation for soliciting a response from\nofferors intending to result in a contract in support of a project, a\ncompetitive process in which the evaluation of competing bids gives\nsignificant consideration in the evaluation process to the procurement\nof equipment and supplies from businesses located in New York state.\n