N.Y. Public Service Law § 66-v: Requirements 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.