BILL NUMBER: S4329A
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 act"
 
PURPOSE OR GENERAL IDEA OF BILL:
To require that, when soliciting a contract for the purchase of manufac-
tured products used in building projects, including but not limited to
plumbing fixtures, flooring, lumber, exterior windows, exterior doors
and facades, 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 offer-
ing to supply products produced or made in whole or substantial part in
the North America when such offer is within ten 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 'known and may be cited as the
"New York State Buy North American Act"
Section 2 of the bill amends the state finance law by adding a new
section 162-b which requires state departments and agencies to award
contract for the purchase of manufactured products used in building
projects, including but not limited to plumbing fixtures, flooring,
lumber, exterior windows, exterior doors and facades to bidders supply-
ing substantially made in North America when their offer is within 10t
of the lowest price, even if they are not the lowest bidder. This
section also includes multiple definitions used in the section. Viola-
tors 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 contracts for
the purchase of manufactured products used in building projects, includ-
ing but not limited to plumbing fixtures, flooring, lumber, exterior
windows, exterior doors and facades contracts to bidders supplying manu-
factured products substantially made in North America when their offer
is within 10* 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 requires any public authority to award contracts
for the purchase of manufactured products used in building projects,
including but not limited to plumbing fixtures, flooring, lumber, exte-
rior windows, exterior doors and facades to bidders supplying products
substantially made in North America when their offer is within 10i 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 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
contracts for the purchase of manufactured products used in building
projects, including but not limited to plumbing fixtures, flooring,
lumber, exterior windows, exterior doors and facades to bidders supply-
ing products substantially made in North America when their offer is
within 10s, 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 housing project." It also adds a new
section 1012 to provide that violators who falsely claim North American
production will be ineligible for state contracts.
Section 6 of the bill is the effective date.
 
JUSTIFICATION:
North American and New York are losing out on opportunities to supply
manufactured products used in building projects, including but not
limited to plumbing fixtures, flooring, lumber and facades to affordable
housing projects due to cheaper imports from Europe and elsewhere flood-
ing 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, where labor and health care costs are low compared to the United
States. Imports from Europe into New York have doubled from 2021 to 2023
and increased fourfold from 20192023. Passive house buildings in New
York typically use highly insulating windows, and the price is 30% less
when sourced from Europe. New York manufacturers are competing, but the
low wages in Eastern 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 manufacturers are losing out due to unfair
foreign competition. To compete effectively, domestic manufacturers must
operate at scale to meet the demand for high-quality, well-engineered,
energy-efficient windows that comply with building codes. However,
achieving scale requires 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 funded or structured 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 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 hous-
ing projects. This legislation is a necessary step toward fair competi-
tion and economic security for North American and New York's manufactur-
ing industry. It's time to prioritize our workers, our businesses, 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.