New York Laws
Article 4 - Provisions Relating to Gas and Electric Corporations; Regulation of Price of Gas and Electricity
66-R - Requirements for Certain Renewable Energy Systems.

(b) The provisions of paragraph (a) of this subdivision shall not
apply if the head of the department or agency constructing the public
works, 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 would increase
the cost of the contract by an unreasonable amount, or such iron or
steel, including without limitation structural iron and structural steel
cannot be produced or made in the United States in sufficient and
reasonably available quantities and of satisfactory quality. The head of
the department or agency constructing the public works shall include
this determination in an advertisement or solicitation of 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 pursuant to this subdivision.
The provisions of paragraph (a) of this subdivision shall not apply for
equipment purchased by a covered renewable energy system prior to the
effective date of this chapter.
(c) The head of the department or agency constructing the public works
may, at his or her sole discretion, provide for a solicitation of 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 pursuant to
this paragraph involving 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.
5. Whenever changes are proposed to any public procurement process
involving the program described in subdivision two of this section, the
commission shall make simultaneous recommendations to the temporary
president of the senate and speaker of the assembly, regarding necessary
changes to this section, if any, in meeting the goals outlined in the
legislative findings and intent of the chapter by which this section was
enacted.
* NB Effective October 1, 2021

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