N.Y. STF Law § 148

§ 148. Certain contracts involving personal protective equipment and\nmedical supplies. 1. Notwithstanding any other provisions of law, all\ncontracts over fifty thousand dollars in value made and awarded by any\ndepartment or agency of the state for the purchase of personal\nprotective equipment or medical supplies shall require that the personal\nprotective equipment or medical supply items be produced or made in\nwhole or substantial part in the United States.\n 2. For purposes of this section:\n (a) "personal protective equipment" means all equipment worn to\nminimize exposure to medical hazards, including gloves, masks, face\nshields, eye protection, respirators, medical hair and shoe coverings,\nand disposable gowns and aprons.\n (b) "medical supplies" means materials necessary to respond to health\nemergencies or pandemics, including and without limitation ventilators,\nmedical test kits, and vaccines.\n (c) "United States" means the United States, its territories, or\npossessions.\n 3. The provisions of this section shall not apply if the head of the\ndepartment or agency purchasing the personal protective equipment or\nmedical supplies, in his or her sole discretion, determines that such\nprovisions would not be in the public interest; that obtaining such\npersonal protective equipment or medical supplies in the United States\nwould increase the cost of the contract by an unreasonable amount; that\nsuch personal protective equipment or medical supplies cannot be\nproduced or made in the United States in sufficient and reasonably\navailable quantities and of satisfactory quality or design to meet the\ndepartment's or agency's requirements; or that purchasing personal\nprotective equipment or medical supplies manufactured outside of the\nUnited States is necessary to avoid a delay in the delivery of critical\nservices that could compromise the public welfare.\n 4. Nothing in this section is intended to contravene any existing\ntreaties, laws, trade agreements, or regulations of the United States or\nsubsequent trade agreements entered into between any foreign countries\nand the state or the United States.\n 5. Subject to the provisions of this section, the department of\neconomic development, in consultation with the office of general\nservices and the division of the budget, shall be authorized to\nestablish rules and regulations for the effective administration of this\nsection.\n