New York Requires USA-Made Iron and Steel on State Road and Bridge Projects

Gov. Andrew Cuomo signed the New York Buy American Act on Dec. 15, 2017, requiring state road and bridge contracts worth more than $1 million to use structural iron and steel made in the USA.

What the law requires

The iron or steel must be produced or made in whole or substantial part in the USA, and the entire manufacturing process must take place in the USA, unless a project qualifies for an exemption. The bill’s sponsor memo says the requirement runs from the initial melting stage through the application of coatings.

The rule applies to contracts at:

• the Department of Transportation
• the Thruway Authority
• the Bridge Authority
• the Metropolitan Transportation Authority
• the Office of General Services
• the SUNY Construction Fund
• the Dormitory Authority

Timing and next steps

The law took effect April 1, 2018, for contracts executed after that date. Projects already awarded, out for bid or in design and environmental review were excluded. As written, the act was set to expire April 15, 2020.

It also created a 14-member work group to study extending the preference to other USA-made products such as concrete, cement and aluminum. The group was due to deliver an interim report by Jan. 1, 2019, and a final report by Jan. 1, 2020.

The bill, A8427A/S6639A, was sponsored by Assembly Majority Leader Joseph Morelle and Sen. Joseph Robach. It passed both houses on June 21, 2017, and became Chapter 451 of the Laws of 2017.

For a later local example, see our coverage of Miami-Dade’s Buy American rule.

FAQ

Which projects are covered?

State surface road and bridge contracts over $1 million at seven named agencies and authorities.

When did it take effect?

April 1, 2018, for contracts executed after that date.

Does it cover concrete?

Not as signed. A work group was set up to study adding concrete, cement and aluminum.