New York § 66-V - 66-VRequirements for certain climate risk-related and energy transition projects

§ 66-V. 66-VRequirements for certain climate risk-related and energy transition projects

§ 66-v. Requirements for certain climate risk-related and energy transition projects. 1. Each contract using funds from the New York climate action fund climate investment account established pursuant to section ninety-nine-qq of the state finance law for a covered climate risk-related and energy transition project shall contain a provision that the iron and steel used or supplied in the performance of the contract or any subcontract thereto and that is permanently incorporated into the project, shall be produced or made in whole or substantial part in the United States, its territories or possessions. In the case of an iron or steel product, all manufacturing must take place in the United States, its territories or possessions, from the initial melting stage through the application of coatings, except metallurgical processes involving the refinement of steel additives. For the purposes of this subdivision, "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 project to which it was incorporated. Iron and steel products that are capable of being moved from one location to another shall not be considered permanently incorporated. 2. The provisions of subdivision one of this section shall not apply if the head of the public entity providing funds, in his or her sole discretion, determines that the provisions would not be in the public interest, would result in unreasonable costs, or that obtaining such steel or iron in the United States, its territories or possessions would increase the cost of the contract by an unreasonable amount, or such iron or steel, including without limitation iron and steel, cannot be produced or made in the United States its territories or possessions in sufficient and reasonably available quantities and of satisfactory quality. 3. The head of the public entity providing funds generated from the New York climate action fund climate investment account established pursuant to section ninety-nine-qq of the state finance law may, in his or her sole discretion, provide for in a request for proposal, invitation for bid, or solicitation of proposal, or any other method provided for by law or regulation for soliciting a response from offerors intending to result in a contract in support of a project, a competitive process in which the evaluation of competing bids gives significant consideration in the evaluation process to the procurement of equipment and supplies from businesses located in New York state.