Amd §§165 & 163, rpld & add §146, St Fin L; rpld §2603-a, add §2877-a, Pub Auth L; amd §38, Hway L; amd §103,
Gen Muni L; amd §8, Pub Bldg L; amd §210-B, Tax L
Relates to requiring state agencies to give preference to New York companies when contracting for goods and services; relates to requiring the use of New York made iron, steel and manufactured products in certain government contracts; relates to creating a tax credit for New York state businesses that source materials and supplies manufactured by other New York state businesses.
STATE OF NEW YORK
________________________________________________________________________
5510
2017-2018 Regular Sessions
IN ASSEMBLY
February 9, 2017
___________
Introduced by M. of A. BRINDISI -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the state finance law, in relation to requiring state
agencies to give preference to food products, commodities, and
services from New York state; to amend the state finance law, public
authorities law, the highway law, the general municipal law, and the
public buildings law, in relation to requiring the use of New York
made iron, steel and manufactured products in certain government
contracts; to amend the tax law in relation to creating a tax credit
for New York state businesses that source materials and supplies manu-
factured by other New York state businesses; and to repeal certain
provisions of the public authorities law and the state finance law
relating thereto
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known as the "Buy New York
2 Act".
3 § 2. Paragraph a of subdivision 4 of section 165 of the state finance
4 law, as amended by chapter 533 of the laws of 2013, is amended to read
5 as follows:
6 a. Except as otherwise provided in this subdivision, when letting
7 contracts for the purchase of food products on behalf of facilities and
8 institutions of the state, solicitation specifications of the office of
9 general services and any other agency, department, office, board or
10 commission [may] shall require provisions that mandate that all or some
11 of the required food products are grown, produced or harvested in New
12 York state, or that any processing of such food products take place in
13 facilities located within New York state, provided that such contracts
14 for food products are priced competitively.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD06591-01-7
A. 5510 2
1 § 3. Subparagraph (ii) of paragraph a of subdivision 3 of section 163
2 of the state finance law, as added by chapter 83 of the laws of 1995, is
3 amended to read as follows:
4 (ii) Commodities contracts shall be awarded on the basis of lowest
5 price to a responsive and responsible offerer, with preference given to
6 commodity contracts from New York companies, if such contracts are
7 priced competitively; or, in the case of multiple awards, in accordance
8 with paragraph c of subdivision ten of this section.
9 § 4. Paragraph d of subdivision 4 of section 163 of the state finance
10 law, as added by chapter 83 of the laws of 1995, is amended to read as
11 follows:
12 d. Service contracts shall be awarded on the basis of best value to a
13 responsive and responsible offerer, with preference given to service
14 contracts from New York companies, if such contracts are priced competi-
15 tively; or, in the case of multiple awards, in accordance with paragraph
16 c of subdivision ten of this section.
17 § 5. Section 146 of the state finance law is REPEALED and a new
18 section 146 is added to read as follows:
19 § 146. New York materials. 1. Use of New York materials. (a) Notwith-
20 standing any other provision of law, each contract for the construction,
21 reconstruction, alteration or improvement of a public building of public
22 works made by a public agency shall contain a provision that the iron,
23 steel, and manufactured products used or supplied in the performance of
24 the contract or any subcontract thereto and permanently incorporated
25 into the public building or public works shall be manufactured in New
26 York, provided such contract is priced competitively.
27 (b) For the purposes of section one hundred sixty-three of this chap-
28 ter, no bidder shall be deemed to be the lowest responsible and reliable
29 bidder and no bid shall be deemed the best value unless the bid offered
30 by such bidder will comply with the contract term required by paragraph
31 (a) of this subdivision.
32 (c) The provisions of paragraph (a) of this subdivision shall not
33 apply in any case or category of cases in which the executive head of a
34 public agency finds:
35 (i) that the application of this section would be inconsistent with
36 the public interest;
37 (ii) that such materials and products are not produced in New York in
38 sufficient and reasonably available quantities and of a satisfactory
39 quality; or
40 (iii) that inclusion of New York material will increase the cost of
41 the overall project contract by more than twenty-five percent.
42 (d) If the executive receives a request for a waiver under paragraph
43 (c) of this subdivision, the executive shall provide notice of and an
44 opportunity for public comment on the request at least thirty days
45 before making a finding based on the request.
46 (e) A notice provided under paragraph (d) of this subdivision shall:
47 (i) summarize the information available to the executive concerning
48 the request, including whether the request is being made under subpara-
49 graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
50 (ii) be posted prominently on the official public internet web site of
51 the agency; and
52 (iii) be provided by electronic means to any person, firm or corpo-
53 ration that has made a written or electronic request to the public agen-
54 cy for notice of waiver actions by the executive within five (5) years
55 prior to the date of notice.
A. 5510 3
1 (f) If the executive issues a waiver under paragraph (c) of this
2 subdivision, the executive shall publish in the same manner as the
3 original notice a detailed justification for the waiver that:
4 (i) addresses the public comments received under paragraph (d) of this
5 subdivision; and
6 (ii) is published before the waiver takes effect.
7 (g) If it has been determined by a court or federal or state agency
8 that any person intentionally:
9 (i) affixed a label bearing a "Made in New York" inscription, or any
10 inscription with the same meaning, to any iron, steel or manufactured
11 product used in projects to which this section applies, sold in or
12 shipped to New York that was not made in New York; or
13 (ii) represented that any iron, steel or manufactured product used in
14 projects to which this section applies that was not produced in New York
15 , was produced in New York; then that person shall be ineligible to
16 receive any contract or subcontract with this state pursuant to the
17 debarment or suspension provisions provided under section one hundred
18 thirty-nine-a of this article.
19 (h) This section shall be applied in a manner consistent with the
20 state's obligations under any applicable international agreements
21 pertaining to government procurement.
22 2. Definitions. For the purposes of this section, the following words
23 shall have the following meanings unless specified otherwise:
24 (a) "Executive" means the executive head of a public agency subject to
25 this section;
26 (b) "Public agency" means a governmental entity as that term is
27 defined in section one hundred thirty-nine-j of this article;
28 (c) "Manufactured in New York" means: (i) in the case of an iron or
29 steel product all manufacturing must take place in New York, from the
30 initial melting stage through the application of coatings, except metal-
31 lurgical processes involving the refinement of steel additives; and
32 (ii) in the case of a manufactured product, a product will be consid-
33 ered manufactured in New York if:
34 (A) all of its manufacturing processes take place in New York, and
35 (B) more than sixty percent of the components of the manufactured
36 good, by cost, are of New York origin. If, under the terms of this
37 subparagraph, a component is determined to be of New York origin, its
38 entire cost may be used in calculating the cost of New York content of
39 an end product.
40 (d) "New York" means the state of New York and includes all territory
41 subject to the jurisdiction of New York state.
42 § 6. Section 2603-a of the public authorities law is REPEALED and a
43 new section 2877-a is added to read as follows:
44 § 2877-a. New York materials. 1. Use of New York materials. (a)
45 Notwithstanding any other provision of law, each contract for the
46 construction, reconstruction, alteration or improvement of a public
47 building of public works made by a public agency shall contain a
48 provision that the iron, steel, and manufactured products used or
49 supplied in the performance of the contract or any subcontract thereto
50 and permanently incorporated into the public building or public works
51 shall be manufactured in New York, provided such contract is priced
52 competitively.
53 (b) For the purposes of section one hundred sixty-three of this chap-
54 ter, no bidder shall be deemed to be the lowest responsible and reliable
55 bidder and no bid shall be deemed the best value unless the bid offered
A. 5510 4
1 by such bidder will comply with the contract term required by paragraph
2 (a) of this subdivision.
3 (c) The provisions of paragraph (a) of this subdivision shall not
4 apply in any case or category of cases in which the executive head of a
5 public agency finds:
6 (i) that the application of this section would be inconsistent with
7 the public interest;
8 (ii) that such materials and products are not produced in New York in
9 sufficient and reasonably available quantities and of a satisfactory
10 quality; or
11 (iii) that inclusion of New York material will increase the cost of
12 the overall project contract by more than twenty-five percent.
13 (d) If the executive receives a request for a waiver under paragraph
14 (c) of this subdivision, the executive shall provide notice of and an
15 opportunity for public comment on the request at least thirty days
16 before making a finding based on the request.
17 (e) A notice provided under paragraph (d) of this subdivision shall:
18 (i) summarize the information available to the executive concerning
19 the request, including whether the request is being made under subpara-
20 graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
21 (ii) be posted prominently on the official public internet web site of
22 the agency; and
23 (iii) be provided by electronic means to any person, firm or corpo-
24 ration that has made a written or electronic request to the public agen-
25 cy for notice of waiver actions by the executive within five (5) years
26 prior to the date of notice.
27 (f) If the executive issues a waiver under paragraph (c) of this
28 subdivision, the executive shall publish in the same manner as the
29 original notice a detailed justification for the waiver that:
30 (i) addresses the public comments received under paragraph (d) of this
31 subdivision; and
32 (ii) is published before the waiver takes effect.
33 (g) If it has been determined by a court or federal or state agency
34 that any person intentionally:
35 (i) affixed a label bearing a "Made in New York" inscription, or any
36 inscription with the same meaning, to any iron, steel or manufactured
37 product used in projects to which this section applies, sold in or
38 shipped to New York that was not made in New York; or
39 (ii) represented that any iron, steel or manufactured product used in
40 projects to which this section applies that was not produced in New
41 York, was produced in New York; then that person shall be ineligible to
42 receive any contract or subcontract with this state pursuant to the
43 debarment or suspension provisions provided under section one hundred
44 thirty-nine-a of the state finance law.
45 (h) This section shall be applied in a manner consistent with the
46 state's obligations under any applicable international agreements
47 pertaining to government procurement.
48 2. Definitions. For the purposes of this section, the following words
49 shall have the following meanings unless specified otherwise:
50 (a) "Executive" means the executive head of a public agency subject to
51 this section;
52 (b) "Public agency" means a governmental entity as that term is
53 defined in section one hundred thirty-nine-j of the state finance law;
54 (c) "Manufactured in New York" means: (i) in the case of an iron or
55 steel product all manufacturing must take place in New York, from the
A. 5510 5
1 initial melting stage through the application of coatings, except metal-
2 lurgical processes involving the refinement of steel additives; and
3 (ii) in the case of a manufactured product, a product will be consid-
4 ered manufactured in New York if:
5 (A) all of its manufacturing processes take place in New York, and
6 (B) more than sixty percent of the components of the manufactured
7 good, by cost, are of New York origin. If, under the terms of this
8 subparagraph, a component is determined to be of New York origin, its
9 entire cost may be used in calculating the cost of New York content of
10 an end product.
11 (d) "New York" means the state of New York and includes all territory
12 subject to the jurisdiction of New York state.
13 § 7. Section 38 of the highway law is amended by adding a new subdivi-
14 sion 10 to read as follows:
15 10. Use of New York materials. (a) Notwithstanding any other provision
16 of law, each contract for the construction, reconstruction, alteration
17 or improvement of a highway or other public works made by a public agen-
18 cy shall contain a provision that the iron, steel, and manufactured
19 products used or supplied in the performance of the contract or any
20 subcontract thereto and permanently incorporated into the public build-
21 ing or public works shall be manufactured in New York, provided that
22 such contracts are priced competitively.
23 (b) No bidder shall be deemed to be the lowest responsible and reli-
24 able bidder and no bid shall be deemed the best value unless the bid
25 offered by such bidder will comply with the contract term required by
26 paragraph (a) of this subdivision.
27 (c) The provisions of paragraph (a) of this subdivision shall not
28 apply in any case or category of cases in which the executive head of a
29 public agency finds:
30 (i) that the application of this subdivision would be inconsistent
31 with the public interest;
32 (ii) that such materials and products are not produced in New York in
33 sufficient and reasonably available quantities and of a satisfactory
34 quality; or
35 (iii) that inclusion of New York material will increase the cost of
36 the overall project contract by more than twenty-five percent.
37 (d) If the executive receives a request for a waiver under paragraph
38 (c) of this subdivision, the executive shall provide notice of and an
39 opportunity for public comment on the request of at least thirty days
40 before making a finding based on the request.
41 (e) A notice provided under paragraph (d) of this subdivision shall:
42 (i) summarize the information available to the executive concerning
43 the request, including whether the request is being made under subpara-
44 graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
45 (ii) be posted prominently on the official public internet web site of
46 the agency; and
47 (iii) be provided by electronic means to any person, firm or corpo-
48 ration that has made a written or electronic request to the public agen-
49 cy for notice of waiver actions by the executive within five (5) years
50 prior to the date of notice.
51 (f) If the executive issues a waiver under paragraph (c) of this
52 subdivision, the executive shall publish in the same manner as the
53 original notice a detailed justification for the waiver that:
54 (i) addresses the public comments received under paragraph (d) of this
55 subdivision; and
56 (ii) is published before the waiver takes effect.
A. 5510 6
1 (g) If it has been determined by a court or federal or state agency
2 that any person intentionally:
3 (i) affixed a label bearing a "Made in New York" inscription, or any
4 inscription with the same meaning, to any iron, steel or manufactured
5 product used in projects to which this subdivision applies, sold in or
6 shipped to New York that was not made in New York; or
7 (ii) represented that any iron, steel, or manufactured product used in
8 projects to which this section applies that was not produced in New
9 York, was produced in New York; then that person shall be ineligible to
10 receive any contract or subcontract with this state pursuant to the
11 debarment or suspension provisions provided under section one hundred
12 thirty-nine-a of the state finance law.
13 (h) This subdivision shall be applied in a manner consistent with the
14 state's obligations under any applicable international agreements
15 pertaining to government procurement.
16 (i) Definitions. For the purpose of this subdivision, the following
17 words shall have the following meanings unless specified otherwise:
18 (i) "Executive" means the executive head of a public agency subject to
19 this subdivision;
20 (ii) "Public agency" means a governmental entity as that term is
21 defined in section one hundred thirty-nine-j of the state finance law;
22 (iii) "Manufactured in New York" means: (A) in the case of an iron or
23 steel product all manufacturing must take place in New York, from the
24 initial melting stage through the application of coatings, except metal-
25 lurgical processes involving the refinement of steel additives; and
26 (B) in the case of a manufactured product, a product will be consid-
27 ered manufactured in New York if:
28 (1) all of its manufacturing processes take place in New York, and
29 (2) more than sixty percent of the components of the manufactured
30 good, by cost, are of New York origin. If, under the terms of this part,
31 a component is determined to be of New York origin, its entire cost may
32 be used in calculating the cost of New York content of an end product.
33 (iv) "New York" means the state of New York and includes all territory
34 subject to the jurisdiction of New York state.
35 § 8. Section 103 of the general municipal law is amended by adding a
36 new subdivision 17 to read as follows:
37 17. Use of New York materials. (a) Notwithstanding any other provision
38 of law, each contract for the construction, reconstruction, alteration
39 or improvement of a highway or other public works made by a public agen-
40 cy shall contain a provision that the iron, steel, and manufactured
41 products used or supplied in the performance of the contract or any
42 subcontract thereto and permanently incorporated into the public build-
43 ing or public works shall be manufactured in New York, provided that
44 such contracts are priced competitively.
45 (b) No bidder shall be deemed to be the lowest responsible and reli-
46 able bidder and no bid shall be deemed the best value unless the bid
47 offered by such bidder will comply with the contract term required by
48 paragraph (a) of this subdivision.
49 (c) The provisions of paragraph (a) of this subdivision shall not
50 apply in any case or category of cases in which the executive head of a
51 public agency finds:
52 (i) that the application of this subdivision would be inconsistent
53 with the public interest;
54 (ii) that such materials and products are not produced in New York in
55 sufficient and reasonably available quantities and of a satisfactory
56 quality; or
A. 5510 7
1 (iii) that inclusion of New York material will increase the cost of
2 the overall project contract by more than twenty-five percent.
3 (d) If the executive receives a request for a waiver under paragraph
4 (c) of this subdivision, the executive shall provide notice of and an
5 opportunity for public comment on the request of at least thirty days
6 before making a finding based on the request.
7 (e) A notice provided under paragraph (d) of this subdivision shall:
8 (i) summarize the information available to the executive concerning
9 the request, including whether the request is being made under subpara-
10 graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
11 (ii) be posted prominently on the official public internet web site of
12 the agency; and
13 (iii) be provided by electronic means to any person, firm or corpo-
14 ration that has made a written or electronic request to the public agen-
15 cy for notice of waiver actions by the executive within five (5) years
16 prior to the date of notice.
17 (f) If the executive issues a waiver under paragraph (c) of this
18 subdivision, the executive shall publish in the same manner as the
19 original notice a detailed justification for the waiver that:
20 (i) addresses the public comments received under paragraph (d) of this
21 subdivision; and
22 (ii) is published before the waiver takes effect.
23 (g) If it has been determined by a court or federal or state agency
24 that any person intentionally:
25 (i) affixed a label bearing a "Made in New York" inscription, or any
26 inscription with the same meaning, to any iron, steel or manufactured
27 product used in projects to which this subdivision applies, sold in or
28 shipped to New York that was not made in New York; or
29 (ii) represented that any iron, steel, or manufactured product used in
30 projects to which this section applies that was not produced in New
31 York, was produced in New York; then that person shall be ineligible to
32 receive any contract or subcontract with this state pursuant to the
33 debarment or suspension provisions provided under section one hundred
34 thirty-nine-a of the state finance law.
35 (h) This subdivision shall be applied in a manner consistent with the
36 state's obligations under any applicable international agreements
37 pertaining to government procurement.
38 (i) Definitions. For the purpose of this subdivision, the following
39 words shall have the following meanings unless specified otherwise:
40 (i) "Executive" means the executive head of a public agency subject to
41 this subdivision;
42 (ii) "Public agency" means a governmental entity as that term is
43 defined in section one hundred thirty-nine-j of the state finance law;
44 (iii) "Manufactured in New York" means: (A) in the case of an iron or
45 steel product all manufacturing must take place in New York, from the
46 initial melting stage through the application of coatings, except metal-
47 lurgical processes involving the refinement of steel additives; and
48 (B) in the case of a manufactured product, a product will be consid-
49 ered manufactured in New York if:
50 (1) all of its manufacturing processes take place in New York, and
51 (2) more than sixty percent of the components of the manufactured
52 good, by cost, are of New York origin. If, under the terms of this part,
53 a component is determined to be of New York origin, its entire cost may
54 be used in calculating the cost of New York content of an end product.
55 (iv) "New York" means the state of New York and includes all territory
56 subject to the jurisdiction of New York state.
A. 5510 8
1 § 9. Section 8 of the public buildings law is amended by adding a new
2 subdivision 8 to read as follows:
3 8. Use of New York materials. (a) Notwithstanding any other provision
4 of law, each contract for the construction, reconstruction, alteration
5 or improvement of a highway or other public works made by a public agen-
6 cy shall contain a provision that the iron, steel, and manufactured
7 products used or supplied in the performance of the contract or any
8 subcontract thereto and permanently incorporated into the public build-
9 ing or public works shall be manufactured in New York, provided that
10 such contracts are priced competitively.
11 (b) No bidder shall be deemed to be the lowest responsible and reli-
12 able bidder and no bid shall be deemed the best value unless the bid
13 offered by such bidder will comply with the contract term required by
14 paragraph (a) of this subdivision.
15 (c) The provisions of paragraph (a) of this subdivision shall not
16 apply in any case or category of cases in which the executive head of a
17 public agency finds:
18 (i) that the application of this subdivision would be inconsistent
19 with the public interest;
20 (ii) that such materials and products are not produced in New York in
21 sufficient and reasonably available quantities and of a satisfactory
22 quality; or
23 (iii) that inclusion of New York material will increase the cost of
24 the overall project contract by more than twenty-five percent.
25 (d) If the executive receives a request for a waiver under paragraph
26 (c) of this subdivision, the executive shall provide notice of and an
27 opportunity for public comment on the request of at least thirty days
28 before making a finding based on the request.
29 (e) A notice provided under paragraph (d) of this subdivision shall:
30 (i) summarize the information available to the executive concerning
31 the request, including whether the request is being made under subpara-
32 graph (i), (ii) or (iii) of paragraph (c) of this subdivision;
33 (ii) be posted prominently on the official public internet web site of
34 the agency; and
35 (iii) be provided by electronic means to any person, firm or corpo-
36 ration that has made a written or electronic request to the public agen-
37 cy for notice of waiver actions by the executive within five (5) years
38 prior to the date of notice.
39 (f) If the executive issues a waiver under paragraph (c) of this
40 subdivision, the executive shall publish in the same manner as the
41 original notice a detailed justification for the waiver that:
42 (i) addresses the public comments received under paragraph (d) of this
43 subdivision; and
44 (ii) is published before the waiver takes effect.
45 (g) If it has been determined by a court or federal or state agency
46 that any person intentionally:
47 (i) affixed a label bearing a "Made in New York" inscription, or any
48 inscription with the same meaning, to any iron, steel or manufactured
49 product used in projects to which this subdivision applies, sold in or
50 shipped to New York that was not made in New York; or
51 (ii) represented that any iron, steel, or manufactured product used in
52 projects to which this section applies that was not produced in New
53 York, was produced in New York; then that person shall be ineligible to
54 receive any contract or subcontract with this state pursuant to the
55 debarment or suspension provisions provided under section one hundred
56 thirty-nine-a of the state finance law.
A. 5510 9
1 (h) This subdivision shall be applied in a manner consistent with the
2 state's obligations under any applicable international agreements
3 pertaining to government procurement.
4 (i) Definitions. For the purpose of this subdivision, the following
5 words shall have the following meanings unless specified otherwise:
6 (i) "Executive" means the executive head of a public agency subject to
7 this subdivision;
8 (ii) "Public agency" means a governmental entity as that term is
9 defined in section one hundred thirty-nine-j of the state finance law;
10 (iii) "Manufactured in New York" means: (A) in the case of an iron or
11 steel product all manufacturing must take place in New York, from the
12 initial melting stage through the application of coatings, except metal-
13 lurgical processes involving the refinement of steel additives; and
14 (B) in the case of a manufactured product, a product will be consid-
15 ered manufactured in New York if:
16 (1) all of its manufacturing processes take place in New York, and
17 (2) more than sixty percent of the components of the manufactured
18 good, by cost, are of New York origin. If, under the terms of this part,
19 a component is determined to be of New York origin, its entire cost may
20 be used in calculating the cost of New York content of an end product.
21 (iv) "New York" means the state of New York and includes all territory
22 subject to the jurisdiction of New York state.
23 § 10. Section 210-B of the tax law is amended by adding a new subdivi-
24 sion 49 to read as follows:
25 49. Qualified products local sourcing credit. (a) Businesses subject
26 to tax liability under article nine or nine-A of this chapter, purchas-
27 ing qualified products may claim the qualified products local sourcing
28 tax credit against any such liability at the close of the tax year
29 provided, however, that the unused portion of any tax credit claimed
30 shall not be carried forward and applied in another tax year.
31 (b) For the purposes of this section the following terms shall have
32 the following meanings:
33 (1) "qualified products" shall mean any materials, components, or
34 supplies whether used in the manufacturing process or otherwise that are
35 produced in New York state by a New York state business;
36 (2) "producer" is an individual (whether acting individually or
37 through a cooperative, corporation, partnership, business association,
38 or educational institution) who is a business or manufacturer of goods
39 in New York state, it shall not however include a wholesaler or distrib-
40 utor;
41 (3) "purchaser" is an individual (whether acting individually or
42 through a cooperative, corporation, partnership, business association,
43 or educational institution) who is a business or manufacturer of goods
44 in New York state, it shall not however include a wholesaler or distrib-
45 utor;
46 (4) "net sales" are the total sales of the business subject to tax.
47 (c) The amount of the credit shall be prescribed according to the
48 following schedule:
49 (1) twenty percent of net sales are attributed to qualified products
50 the credit shall be one thousand five hundred dollars.
51 (2) forty percent of net sales are attributed to qualified products
52 the credit shall be three thousand dollars.
53 (3) sixty percent of net sales are attributed to qualified products
54 the credit shall be six thousand dollars.
55 (4) eighty percent of net sales are attributed to qualified products
56 the credit shall be twelve thousand dollars.
A. 5510 10
1 (5) one hundred percent of net sales are attributed to qualified
2 products the credit shall be twenty-five thousand dollars.
3 (d) (1) Businesses claiming the qualified products local sourcing
4 credit shall submit a computer-generated report with tax returns that
5 claim a tax credit.
6 (2) Such report shall include the name of the producer and the phys-
7 ical place of the business where the products are produced.
8 (3) The amount paid by the purchaser to the producer and the amount of
9 units purchased.
10 § 11. Severability. If any provisions of this act, or the application
11 thereof to any person or circumstance, is held invalid, such invalidity
12 shall not affect other provisions or applications of this act which can
13 be given effect without the invalid provisions or application, and to
14 that extent, the provisions of this act are declared to be severable.
15 § 12. This act shall take effect immediately, provided, however, that
16 the amendments to subparagraph (ii) of paragraph a of subdivision 3 and
17 paragraph d of subdivision 4 of section 163 of the state finance law
18 made by sections three and four of this act shall not affect the repeal
19 of such subparagraph and paragraph and shall be deemed repealed there-
20 with.
