BILL NUMBER: S4329
SPONSOR: STAVISKY
 
TITLE OF BILL:
An act to amend the state finance law, the general municipal law, the
public authorities law and the executive law, in relation to enacting
the "New York State buy North American windows act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To require that, when soliciting a contract forthe purchase of windows,
any department or agency of the state, and the owners of certain covered
affordable housing projects paid for or subsidized in part out of public
funds, shall award such contract to the bidder offering to supply
windows produced or made in whole or substantial part in theNorth Ameri-
ca when such offer is within twenty-five percent of the lowest price or
best value offer, rather than to the lowest bidder.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 states that this act shall be 'mown and may be cited as the
"New York State Buy North American Window Act"
Section 2 of the bill amends the state finance law by adding a new
section 162-b which requites state departments and agencies to award
window purchase contracts to bidders supplying windows substantially
made in North America when their offer is within 25% of the lowest
price, even if they are not the lowest bidder. This section also
includes multiple definitions used in the section. Violators who falsely
claim North American production will be ineligible for state contracts.
Section 3 of the bill amends the general municipal law by adding a new
section 104-e which requires local governments to award window purchase
contracts to bidders supplying windows substantially made in North Amer-
ica when their offer is within 25% of the lowest price, even if they are
not the lowest bidder. This section also includes multiple definitions
used in the section. Violators who falsely claim North American
production will be ineligible for state contracts.
Section 4 of the bill amends the public authorities law by adding a new
section 2877-b which requites any public authority to award window
purchase contracts to bidders supplying windows substantially made in
North America when their offer is within 25% of the lowest price, even
if they arc not the lowest bidder. This section also includes multiple
definitions used in the section. Violators who falsely claim North Amer-
ican production will be ineligible for state contracts.
Section 5 of the bill amends the executive law by adding a new section
1010 which requires any owner, developer, contractor or subcontractor
who is completing a covered affordable housing project to award window
purchase contracts to bidders supplying windows substantially made in
North America when their offer is within 25% of the lowest price, even
if they are not the lowest bidder. Executive law 1010 includes multiple
definitions, together with the definition of a "covered affordable hous-
ing project." It also adds a new section 1012 to provide that violators
who falsely clainiNorth American production will be ineligible for state
contracts.
Section 6 of the bill is the effective date.
 
JUSTIFICATION:
North American and New York insulating glass and fenestration fabrica-
tors are losing out on opportunities to supply high performance windows
to affordable housing projects due to cheaper imports from Europe and
elsewhere flooding our markets. Consider the US census trade for
imports. The extent of the competitive challenge can be seen in the
substantial rise in the value of imports of aluminum and vinyl windows,
especially from Europe, since the pandemic. The value of aluminum window
imports from Europe has increased by 50% since 2019 and 23% since 2021.
The value of European vinyl window imports has increased almost three-
fold since 2019 and 72% since 2021. Much of the growth in window imports
derives from Eastern Europe, whew labor and health care costs are low
compared to the United States. Imports of vinyl windows from Europe into
New York have doubled from 2021 to 2023 and increased fourfold from
2019-2023. Passive house buildings in New York typically use highly
insulating windows, and the price is 30% less when sourced from Europe.
New York window manufacturers are competing, but the low wages in
Eastent Europe are hard to overcome.
New York State has undertaken a bold initiative to build thousands of
market-rate and affordable housing units. This ambitious program
presents a significant opportunity for local industries, yet North Amer-
ican and New York-based window manufacturers are losing out due to
unfair foreign competition. To compete effectively, domestic manufactur-
ers must operate at scale to meet the demand for high-quality, wellengi-
nemed, energy-efficient windows that comply with building codes. Howev-
er, achieving scalerequins substantial investment in capital and labor.
If sales remain suppressed due to unfairly priced imports, New York
manufacturers will struggle to expand, modernize production, and
compete, ultimately losing out on crucial economic opportunities. This
issue is particularly troubling as many of these housing developments
are publicly fiutded or stnrctured as public-private partnerships bene-
fiting from substantial federal and state tax credits, as well as state
and local grants. It is unacceptable that taxpayer dollars are support-
ing foreign competitors at the expense of New York businesses and work-
ers.
To address the disparity, this bill seeks to level the playing field for
North American and New York-based window manufacturers. By ensuring that
public funds support local industry, we can promote economic growth,
sustain good-paying jobs, and strengthen the state's manufacturing
sector while maintaining high standards of energy efficiency and quality
in our housing projects. This legislation is a necessary step toward
fair competition and economic security for North American and New York's
manufacturing industry. It's time to prioritize our workers, our busi-
nesses, and our communities.
 
PRIOR LEGISLATIVE HISTORY:
New bill.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect one hundred eighty days after it shall become
law.