New York Assembly Bill A02267

New York 2025-2026 Regular Session

• Introduced: 1/16/25
• Refer: 1/16/25
• Refer: 1/7/26

Caption

Provides a preference for New York state contractors for purposes of public works contracts; authorizes the commissioner of economic development and the commissioner of labor to promulgate necessary rules and regulations; requires a report to the legislature; makes related provisions.

Summary

A02267 would amend the state finance law to create a preference for New York state contractors on certain public works contracts for state buildings, including erecting, constructing, reconstructing, altering, or repairing them. The bill authorizes bid specifications to require that essential components be produced or processed in facilities located in New York and that the work, labor, and supervision be performed by New York resident businesses or firms. The bill directs the commissioner of economic development and the commissioner of labor to identify, using uniform criteria, which components and services qualify for this preference and to maintain and update a list of those items. It also requires those commissioners to set thresholds related to unemployment in the relevant industries and the percentage of components that must be produced or processed in-state, and it allows waivers if those conditions are not met or if no acceptable bids are received. Successful bidders must certify compliance, and noncompliant bidders can be barred from future bids for a period set by the commissioners. The bill also requires an annual report to the Legislature on the law’s effects and recommendations for improvement.

Impact

If enacted, the bill would add a new section 149 to the state finance law and change how certain state public works contracts are specified and awarded by allowing or requiring in-state sourcing and in-state labor preferences. It would give the commissioners of economic development and labor new rulemaking, listing, waiver, and enforcement responsibilities, and it would affect contractors, subcontractors, suppliers, and state agencies involved in public construction projects. The bill could also influence procurement competition by favoring New York-based businesses and production facilities, while preserving waiver authority when in-state requirements are impractical or economically harmful.

Sentiment

The available materials show no recorded committee debate or votes, so there is no documented formal opposition or support in the provided history. Based on the bill text and caption, the measure appears to be framed as an economic development and job-support proposal intended to direct public contracting benefits toward New York businesses and workers. The inclusion of waiver provisions and reporting requirements suggests an effort to balance local preference with flexibility and oversight.

Contention

The main points of contention are likely to be whether the state should prefer in-state contractors and components at all, and whether such preferences could raise costs, reduce competition, or conflict with procurement principles. Supporters would likely emphasize protecting New York jobs, manufacturing, and local industry, while critics may argue that the bill could limit the pool of bidders and make public works more expensive or less efficient. The waiver provisions for insufficient in-state unemployment conditions, lack of acceptable bids, or deleterious economic impact indicate the bill anticipates these concerns and gives the commissioners discretion to suspend the preference when necessary.