Bill Text: NY A03737 | 2017-2018 | General Assembly | Introduced
Bill Title: Establishes a procurement policy committee to oversee procurement, public work, construction and revenue contracts.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2018-01-24 - enacting clause stricken [A03737 Detail]
Download: New_York-2017-A03737-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 3737 2017-2018 Regular Sessions IN ASSEMBLY January 30, 2017 ___________ Introduced by M. of A. DINOWITZ -- read once and referred to the Commit- tee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to oversight of public authority contracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 2824 of the public authorities law is amended by 2 adding a new subdivision 9 to read as follows: 3 9. The governing body of every state authority shall establish a 4 procurement policy committee that shall consist of at least three inde- 5 pendent members, unless there are insufficient seats on the governing 6 body itself to allow for the appointment of at least three independent 7 members, in which case the procurement policy committee shall consist of 8 all the independent members of the governing body, and such committee 9 shall be responsible for issuing appropriate rules or guidelines for 10 oversight of all contracting matters in accordance with rules or guide- 11 lines adopted by the governing body pursuant to section twenty-eight 12 hundred seventy-nine of this article. 13 § 2. Section 2879 of the public authorities law, as amended by chapter 14 564 of the laws of 1988, paragraph (b) of subdivision 3 as amended by 15 chapter 45 of the laws of 1994, subparagraph (i) of paragraph (b) of 16 subdivision 3 and subdivision 6 as amended, paragraphs (f), (g), (h), 17 (i) and (j) of subdivision 3 as added and paragraphs (k), (l), (m), (n), 18 (o) and (p) of subdivision 3 as relettered by chapter 174 of the laws of 19 2010, subparagraph (iv) of paragraph (b) of subdivision 3 as amended by 20 chapter 383 of the laws of 1994, paragraph (m) of subdivision 3 as added 21 by chapter 862 of the laws of 1990, paragraph (n) of subdivision 3 and 22 paragraph (a) of subdivision 5 as amended by chapter 531 of the laws of 23 1993, paragraphs (o) and (p) of subdivision 3 and subdivision 5 as added 24 and paragraph (a) of subdivision 8 as amended, subdivisions 7, 8 and 9 25 as renumbered by chapter 844 of the laws of 1992, paragraph (b) of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD07495-01-7A. 3737 2 1 subdivision 5 as amended by chapter 684 of the laws of 1994, subpara- 2 graph (iii) of paragraph (b) and paragraphs (c) and (d) of subdivision 5 3 as amended by chapter 383 of the laws of 2000, is amended to read as 4 follows: 5 § 2879. Procurement, public work, construction and revenue contracts. 6 1. (a) Every [public] state authority [and public benefit corporation, a7majority of the members of which consist of persons either appointed by8the governor or who serve as members by virtue of holding a civil office9of the state, or a combination thereof, (such entities to be hereinafter10in this section referred to as "corporation")] shall adopt by resolution 11 comprehensive rules or guidelines which (i) detail the [corporation's] 12 state authority's operative policy and instructions regarding the use, 13 awarding, monitoring and reporting of procurement, public work, 14 construction and revenue contracts[. Guidelines], and (ii) designate a 15 contracting officer who shall be responsible for the public authority's 16 compliance with, and enforcement of, such rules or guidelines. Such 17 rules or guidelines shall be consistent with, and shall require a state 18 authority's contracting activities to comply with the provisions of the 19 state finance law or any other law applicable to contracts of the state, 20 except that such rules or guidelines may be stricter than the provisions 21 of the state finance law or other law applicable to state contracts if a 22 state authority determines that additional safeguards are necessary to 23 assure the integrity of its operations. Rules or guidelines approved by 24 the [corporation] state authority shall be annually reviewed and 25 approved by the [corporation.] governing body of the state authority. 26 Not more than ninety days after the close of the state authority's 27 fiscal year, the state authority shall file with the comptroller a copy 28 of the rules or guidelines most recently reviewed and approved by the 29 state authority, including the name of the state authority's designated 30 contracting officer. At the time of filing such rules or guidelines with 31 the comptroller, every state authority shall also post such rules or 32 guidelines on the state authority's internet website. Procurement rules 33 or guidelines posted on the state authority's internet website shall be 34 maintained on such website at least until the procurement rules or 35 guidelines for the following year are posted on such website. 36 (b) The procurement, public work, construction, and revenue contracts 37 of a state authority shall be subject to prior review and approval by 38 the comptroller, if the comptroller, in his or her discretion, deter- 39 mines that such review and approval shall be required. If the comp- 40 troller determines that any contract or category of contracts of a state 41 authority or category of state authorities requires direct supervision 42 in the form of pre-approval of contracts and the comptroller so notifies 43 any state authority of such determination, then no such contract or 44 agreement by such state authority shall be a valid enforceable contract 45 unless such contract shall first be approved by the comptroller. In the 46 event that the comptroller notifies any state authority that approval 47 shall be required then the state authority shall (i) include in all such 48 contracts a provision informing the other parties to such contracts that 49 the same are not valid and enforceable without the comptroller's 50 approval, and (ii) publish a notice on such state authority's internet 51 website disclosing that such contracts shall not be valid and enforcea- 52 ble without the comptroller's approval. Nothing in this paragraph shall 53 be deemed to limit the comptroller's existing authority to supervise the 54 accounts of public authorities. 55 2. For purposes of this section, procurement, public work, 56 construction or revenue contracts shall mean any written agreement of aA. 3737 3 1 state authority for the acquisition of goods or services of any kind or 2 the construction of a project of any kind, in the actual or estimated 3 [amount of five thousand dollars or more] amounts provided for contracts 4 of the state in section one hundred twelve of the state finance law. 5 3. The rules or guidelines approved by [the corporation] each state 6 authority shall include, but not be limited to the following: 7 (a) A description of the types of goods purchased or the types of 8 projects constructed, [and] for procurement contracts for services, a 9 description of those areas of responsibility and oversight requiring the 10 use of personal services and the reasons for the use of personal 11 services in such areas, and for revenue contracts, a description of the 12 types of considerations given by the public authority, and the revenues 13 expected to be generated. 14 (b) Requirements regarding the [selection of contractors] award of 15 contracts, which shall include provisions: 16 (i) for the [selection of such contractors] award of contracts on a 17 competitive basis, and provisions relating to the circumstances under 18 which the [board] governing body may by resolution waive competition, 19 including, notwithstanding any other provision of law requiring competi- 20 tion, the purchase of goods or services from small business concerns or 21 those certified as minority or women-owned business enterprises, or 22 goods or technology that are recycled or remanufactured, in an amount 23 not to exceed two hundred thousand dollars without a formal competitive 24 process, but only if such waiver would be permissible under the limited 25 circumstances permitted by the state finance law, and only if such a 26 waiver is approved by a two-thirds majority of the entire governing body 27 of the state authority; 28 (ii) describing when the award of procurement, public work, 29 construction or revenue contracts shall require approval of the [board] 30 governing body by resolution, provided that any contract involving 31 services to be rendered, a project to be constructed, or considerations 32 to be given over a period in excess of one year shall require the 33 approval of the [board] governing body by resolution and an annual 34 review of the contract by the [board] governing body; 35 (iii) setting forth responsibilities of contractors; 36 (iv) as used in this subparagraph, the term "professional firm" shall 37 be defined as any individual or sole proprietorship, partnership, corpo- 38 ration, association, or other legal entity permitted by law to practice 39 the professions of architecture, engineering or surveying. 40 [The corporation] A state authority shall not refuse to negotiate with 41 a professional firm solely because the ratio of the "allowable indirect 42 costs" to direct labor costs of the professional firm or the hourly 43 labor rate in any labor category of the professional firm exceeds a 44 limitation generally set by the [corporation] state authority in the 45 determination of the reasonableness of the estimated cost of services to 46 be rendered by the professional firm, but rather the [corporation] state 47 authority should also consider the reasonableness of cost based on the 48 total estimated cost of the service of the professional firm which 49 should include, among other things, all the direct labor costs of the 50 professional firm for such services plus all "allowable indirect costs," 51 other direct costs, and negotiated profit of the professional firm. 52 "Allowable indirect costs" of a professional firm are defined as those 53 costs generally associated with overhead which cannot be specifically 54 identified with a single project or contract and are considered reason- 55 able and allowable under specific state contract or allowability limits.A. 3737 4 1 (c) An identification of those areas or types of contracts for which 2 minority or women-owned business enterprises may best bid so as to 3 promote and assist participation by such enterprises and facilitate a 4 fair share of the awarding of contracts to such enterprises. For the 5 purposes of this section, a minority business enterprise means any busi- 6 ness enterprise, including a sole proprietorship, partnership or corpo- 7 ration that is: 8 (i) at least fifty-one percent owned by one or more minority group 9 members or in the case of a publicly-owned business at least fifty-one 10 percent of the common stock or other voting interests of which is owned 11 by one or more minority group members; 12 (ii) an enterprise in which the minority ownership is real, substan- 13 tial and continuing; 14 (iii) an enterprise in which the minority ownership has and exercises 15 the authority to control independently the day-to-day business decisions 16 of the enterprise; and 17 (iv) an enterprise authorized to do business in New York state, inde- 18 pendently owned and operated, and not dominant in its field. 19 (d) For the purposes of this section, a minority group member means a 20 United States citizen or permanent resident alien who is and can demon- 21 strate membership in one of the following groups: 22 (i) Black persons having origins in any of the Black African racial 23 groups not of Hispanic origin; 24 (ii) Hispanic persons of Mexican, Puerto Rican, Dominican, Cuban, 25 Central or South American of either Indian or Hispanic origin, regard- 26 less of race; 27 (iii) Asian and Pacific Islander persons having origins in any of the 28 Far East, Southeast Asia, the Indian sub-continent or the Pacific 29 Islands; or 30 (iv) Native American persons having origins in any of the original 31 peoples of North America. 32 (e) For the purposes of this section, a women-owned business enter- 33 prise means a business enterprise, including a sole proprietorship, 34 partnership or corporation which is: 35 (i) at least fifty-one percent owned by one or more United States 36 citizens or permanent resident aliens who are women or in the case of a 37 publicly-owned business at least fifty-one percent of the common stock 38 or other voting interests of which is owned by United States citizens or 39 permanent resident aliens who are women; 40 (ii) an enterprise in which the ownership interest of women is real, 41 substantial and continuing; 42 (iii) an enterprise in which the women ownership has and exercises the 43 authority to control independently the day-to-day business decisions of 44 the enterprise; and 45 (iv) an enterprise authorized to do business in New York state, inde- 46 pendently owned and operated, and not dominant in its field. 47 (f) Requirements for the designation of one or more senior staff of 48 the [corporation] state authority to oversee the [corporation's] state 49 authority's programs established to promote and assist: (i) partic- 50 ipation by certified minority or women-owned business enterprises in the 51 [corporation's] state authority's procurement opportunities and facili- 52 tation of the award of procurement contracts to such enterprises; (ii) 53 the utilization of certified minority and women-owned business enter- 54 prises as subcontractors and suppliers by entities having procurement 55 contracts with the [corporation] state authority; and (iii) the utiliza- 56 tion of partnerships, joint ventures or other similar arrangementsA. 3737 5 1 between certified minority and women-owned business enterprises and 2 other entities having procurement contracts with the [corporation] state 3 authority. Such staff shall be familiar with the procurement of the 4 types of construction, financial, legal or professional services 5 utilized by the [corporation] state authority, report directly to the 6 [corporation's] state authority's executive director, president or chief 7 executive officer and either directly or through their designees partic- 8 ipate in the procurement process. 9 (g) Requirements for providing notice, in addition to any other notice 10 of procurement opportunities required by law, to professional and other 11 organizations that serve minority and women-owned business enterprises 12 providing the types of services procured by the [corporation] state 13 authority. 14 (h) Procedures for maintaining lists of qualified certified minority 15 and women-owned business enterprises, including professional firms that 16 have expressed an interest in doing business with the [corporation] 17 state authority and ensuring that such lists are updated regularly. The 18 [corporation] state authority shall also consult the lists of certified 19 minority and women-owned business enterprises maintained by the depart- 20 ment of economic development pursuant to article fifteen-A of the execu- 21 tive law. 22 (i) The establishment of appropriate goals for participation by minor- 23 ity or women-owned business enterprises in procurement contracts awarded 24 by the [corporation] state authority and for the utilization of minority 25 and women-owned enterprises as subcontractors and suppliers by entities 26 having procurement contracts with the [corporation] state authority. 27 Statewide numerical participation target goals shall be established by 28 each authority based on the findings of the two thousand ten disparity 29 study. 30 (j) Requirements to conduct procurements in a manner that will enable 31 the [corporation] state authority to achieve the maximum feasible 32 portion of the goals established pursuant to paragraph (i) of this 33 subdivision and that eliminates barriers to participation by minority 34 and women-owned business enterprises in the [corporation's] state 35 authority's procurements. Such procurement requirements shall include 36 the following: 37 (A) Measures and procedures to ensure that certified businesses shall 38 be given the opportunity for maximum feasible participation in the 39 performance of state contracts and to assist in the [corporation's] 40 state authority's identification of those state contracts for which 41 certified businesses may best bid to actively and affirmatively promote 42 and assist their participation in the performance of state contracts so 43 as to facilitate the [corporation's] state authority's achievement of 44 the maximum feasible portion of the goals for state contracts to such 45 businesses; 46 (B) Provisions designating the division of minority and women-owned 47 business development to certify and decertify minority and women-owned 48 business enterprises for all [corporations] state authorities through a 49 single process that meets applicable state and federal requirements; 50 (C) A requirement that each contract solicitation document accompany- 51 ing each solicitation set forth the expected degree of minority and 52 women-owned business enterprise participation based, in part, on: 53 I. the potential subcontract opportunities available in the prime 54 procurement contract; andA. 3737 6 1 II. the availability of certified minority and women-owned business 2 enterprises to respond competitively to the potential subcontract oppor- 3 tunities; 4 (D) A requirement that each [corporation] state authority provide a 5 current list of certified minority business enterprises to each prospec- 6 tive contractor; 7 (E) Provisions relating to joint ventures, under which a bidder may 8 count toward meeting its minority business enterprise participation 9 goal, the minority and women-owned business enterprise portion of the 10 joint venture; 11 (F) Provisions under which the [corporation] state authority may waive 12 obligations of the contractor relating to minority and women-owned busi- 13 ness enterprise participation after a showing of good faith efforts to 14 comply with the requirements of this act pursuant to the waiver 15 provisions contained in subdivision six of section three hundred thir- 16 teen of the executive law; 17 (G) A requirement that the [corporation] state authority verify that 18 minority and women-owned business enterprises listed in a successful bid 19 are actually participating to the extent listed in the project for which 20 the bid was submitted; 21 (H) In the implementation of this section, the contracting [corpo-22ration] state authority shall: 23 I. consider, where practicable, the severability of construction 24 projects and other bundled contracts; 25 II. implement a program that will enable the [corporation] state 26 authority to evaluate each contract to determine the appropriateness of 27 the goal pursuant to paragraph (i) of this subdivision; 28 III. consider compliance with the requirements of any federal law 29 concerning opportunities for minority and women-owned business enter- 30 prises which effectuates the purpose of this section; and 31 IV. consult the most recent disparity study pursuant to article 32 fifteen-A of the executive law. 33 (k) A listing of the types of provisions to be contained in procure- 34 ment contracts, including provisions concerning the nature and monitor- 35 ing of the work to be performed, the use of corporate supplies and 36 facilities, the use of corporate personnel and any other provisions. 37 (l) Provisions regarding procurement contracts which involve former 38 officers or employees of the [corporation] state authority. 39 (m) Procedures regarding procurement contracts which are exempt from 40 the publication requirements of article four-C of the economic develop- 41 ment law; provided that such procedures shall not permit any exemption 42 beyond the exemptions specifically permitted by article four-C of the 43 economic development law. 44 (n) Policies to promote the participation by New York state business 45 enterprises and New York state residents in procurement contracts, 46 including, but not limited to: 47 (i) providing for the [corporation] state authority to collect and to 48 consult the specifications of New York state business enterprises in 49 developing specifications for any procurement contract for the purchase 50 of goods where possible, practicable, feasible and consistent with open 51 bidding, except for procurement contracts for which the [corporation] 52 state authority would be expending funds received from another state. 53 The [corporation] state authority shall, where feasible, make use of the 54 stock item specification forms prepared by the commissioner of general 55 services, and where necessary, consult with the commissioner of theA. 3737 7 1 office of general services, in developing such specifications and make 2 such determinations; and 3 (ii) with the cooperation of the department of economic development 4 and through cooperative efforts with contractors, providing for the 5 notification of New York state business enterprises of opportunities to 6 participate as subcontractors and suppliers on procurement contracts let 7 by the [corporation] state authority in an amount estimated to be equal 8 to or greater than one million dollars and promulgating procedures which 9 will assure compliance by contractors with such notification. Once 10 awarded the contract such contractors shall document their efforts to 11 encourage the participation of New York state business enterprises as 12 suppliers and subcontractors on procurement contracts equal to or great- 13 er than one million dollars. Documented efforts by a successful contrac- 14 tor shall consist of and be limited to showing that such contractor has 15 (a) solicited bids, in a timely and adequate manner, from New York state 16 business enterprises including certified minority and women-owned busi- 17 ness, or (b) contacted the New York state department of economic devel- 18 opment to obtain listings of New York state business enterprises, or (c) 19 placed notices for subcontractors and suppliers in newspapers, journals 20 and other trade publications distributed in New York state, or (d) 21 participated in bidder outreach conferences. If the contractor deter- 22 mines that New York state business enterprises are not available to 23 participate on the contract as subcontractors or suppliers, the contrac- 24 tor shall provide a statement indicating the method by which such deter- 25 mination was made. If the contractor does not intend to use subcontrac- 26 tors on the contract, the contractor shall provide a statement verifying 27 such intent; and 28 (iii) except for procurement contracts for which the [corporation] 29 state authority would be expending funds received from another state, 30 the [corporation] state authority shall include in all bid documents 31 provided to potential bidders a statement that information concerning 32 the availability of New York state subcontractors and suppliers is 33 available from the New York state department of economic development, 34 which shall include the directory of certified minority and women-owned 35 businesses, and it is the policy of New York state to encourage the use 36 of New York state subcontractors and suppliers, and to promote the 37 participation of minority and women-owned businesses where possible, in 38 the procurement of goods and services; and 39 (iv) with the cooperation of the community services division of the 40 department of labor and through cooperative efforts with contractors, 41 providing for the notification of New York state residents of employment 42 opportunities arising in New York state out of procurement contracts let 43 by the [corporation] state authority in an amount estimated to be equal 44 to or greater than one million dollars; and promulgating procedures 45 which will assure compliance by contractors with such notification by 46 requiring contractors to submit post-award compliance reports document- 47 ing their efforts to provide such notification through listing any such 48 positions with the community services division, or providing for such 49 notification in such manner as is consistent with existing collective 50 bargaining contracts or agreements; and 51 (v) including in each set of documents soliciting bids on procurement 52 contracts to let by the [corporation] state authority a statement noti- 53 fying potential bidders located in foreign countries that the [corpo-54ration] state authority may assign or otherwise transfer offset credits 55 created by such procurement contract to third parties located in New 56 York state; providing for the assignment or other form of transfer ofA. 3737 8 1 offset credits created by such procurement contracts, directly or indi- 2 rectly, to third parties located in New York state, in accordance with 3 the written directions of the commissioner of economic development; and 4 providing for the [corporation] state authority to otherwise cooperate 5 with the department of economic development in efforts to get foreign 6 countries to recognize offset credits assigned or transferred to third 7 parties located in New York state created by such procurement contracts; 8 and 9 (vi) promulgating procedures which will assure compliance with the 10 federal equal employment opportunity act of 1972 (P.L. 92-261), as 11 amended, by contractors of the [corporation] state authority. 12 (o) For the purposes of this section, a "New York state business 13 enterprise" means a business enterprise, including a sole proprietor- 14 ship, partnership, or corporation, which offers for sale or lease or 15 other form of exchange, goods which are sought by the [corporation] 16 state authority and which are substantially manufactured, produced or 17 assembled in New York state, or services which are sought by the [corpo-18ration] state authority and which are substantially performed within New 19 York state. 20 (p) For the purposes of this section, a "New York resident" means a 21 natural person who maintains a fixed, permanent and principal home 22 located within New York state and to which such person, whenever tempo- 23 rarily located, always intends to return. 24 4. Each [corporation] state authority shall have the power from time 25 to time to amend such procurement, public work, construction and revenue 26 contract rules or guidelines in accordance with the provisions of this 27 section. 28 5. (a) Each [corporation] state authority shall notify the commission- 29 er of economic development of the award of a procurement, public work, 30 construction or revenue contract for the purchase of goods or services 31 from a foreign business enterprise in an amount equal to or greater than 32 one million dollars simultaneously with notifying the successful bidder 33 therefor. No [corporation] state authority shall thereafter enter into a 34 procurement, public work, construction or revenue contract for said 35 goods or services until at least fifteen days has elapsed, except for 36 procurement contracts awarded on an emergency or critical basis, or 37 where the commissioner of economic development waives the provisions of 38 this sentence. The notification to the commissioner of economic develop- 39 ment shall include the name, address and telephone and facsimile number 40 of the foreign business enterprise, a brief description of the goods or 41 services to be obtained pursuant to the proposed procurement contract, 42 the amount of the proposed procurement contract, the term of the 43 proposed procurement, public work, construction or revenue contract, and 44 the name of the individual at the foreign business enterprise or acting 45 on behalf of the same who is principally responsible for the proposed 46 procurement, public work, construction or revenue contract. Such notifi- 47 cation shall be used by the commissioner of economic development solely 48 to provide notification to New York state business enterprises of oppor- 49 tunities to participate as subcontractors and suppliers on such procure- 50 ment, public work, construction or revenue contracts, to promote and 51 encourage the location and development of new business in the state, to 52 assist New York state business enterprises in obtaining offset credits 53 from foreign countries, and to otherwise investigate, study and under- 54 take means of promoting and encouraging the prosperous development and 55 protection of the legitimate interest and welfare of New York state 56 business enterprises, industry and commerce.A. 3737 9 1 (b) As used in this section, the following terms shall have the 2 following meanings, unless a different meaning appears from the context: 3 (i) "Foreign business enterprise" shall mean a business enterprise, 4 including a sole proprietorship, partnership or corporation, which 5 offers for sale, lease or other form of exchange, goods which are sought 6 by the [corporation] state authority and which are substantially 7 produced outside New York state, or services, other than construction 8 services, sought by the [corporation] state authority which are substan- 9 tially performed outside New York state. For purposes of construction 10 services, foreign business enterprise shall mean a business enterprise, 11 including a sole proprietorship, partnership or corporation, which has 12 its principal place of business outside New York state. 13 (ii) "New York state business enterprise" shall mean a business enter- 14 prise, including a sole proprietorship, partnership or corporation, 15 which offers for sale or lease or other form of exchange, goods which 16 are sought by the [corporation] state authority and which are substan- 17 tially manufactured, produced or assembled in New York state, or 18 services, other than construction services, which are sought by the 19 [corporation] state authority and which are substantially performed 20 within New York state. For purposes of construction services, a New York 21 state business enterprise shall mean a business enterprise, including a 22 sole proprietorship, partnership, or corporation, which has its princi- 23 pal place of business in New York state. 24 (iii) "Discriminatory jurisdiction" shall mean any other country, 25 nation, province, state or political subdivision thereof which employs a 26 preference or price distorting mechanism to the detriment of or other- 27 wise discriminates against a New York state business enterprise in the 28 procurement of goods and services by the same or a non-governmental 29 entity influenced by the same. Such discrimination may include, but is 30 not limited to, any law, regulation, procedure or practice, terms or 31 license, authorization, or funding or bidding rights which requires or 32 encourages any agency or instrumentality of the state or political 33 subdivision thereof or non-governmental entity influenced by the same to 34 discriminate against a New York state business enterprise. 35 (c) In including any additional business enterprises on invitations to 36 bid for the procurement of goods or services, public work, construction 37 projects or revenue or other considerations, the chief executive officer 38 of the [corporation] state authority shall not include any foreign busi- 39 ness enterprise which has its principal place of business located in a 40 discriminatory jurisdiction contained on the list prepared by the 41 commissioner of economic development pursuant to subdivision six of 42 section one hundred sixty-five of the state finance law, except, howev- 43 er, business enterprises which are New York state business enterprises 44 as defined by this section. The [corporation] state authority may waive 45 the application of the provisions of this section whenever the chief 46 executive officer of the [corporation] state authority determines in 47 writing that it is in the best interests of the state to do so. The 48 chief executive officer of the [corporation] state authority shall 49 deliver each such waiver to the comptroller and the commissioner of 50 economic development. 51 (d) A [corporation] state authority shall not enter into a contract 52 with a foreign business enterprise which has its principal place of 53 business located in a discriminatory jurisdiction contained on the list 54 prepared by the commissioner of economic development pursuant to subdi- 55 vision six of section one hundred sixty-five of the state finance law. 56 The provisions of this section may be waived by the chief executiveA. 3737 10 1 officer of the [corporation] state authority if the chief executive 2 officer of the [corporation] state authority determines in writing that 3 it is in the best interests of the state to do so. The chief executive 4 officer of the [corporation] state authority shall deliver each such 5 waiver to the comptroller and the commissioner of economic development. 6 6. Each [corporation] state authority, as part of the rules or guide- 7 lines established pursuant to subdivision three of this section, shall 8 establish policies regarding the preparation of publicly available 9 reports on procurement, public work, construction and revenue contracts 10 entered into by such [corporation] state authority. Such policies shall 11 provide, at the minimum, for the preparation of a report no less 12 frequently than annually, summarizing procurement, public work, 13 construction and revenue activity by such [corporation] state authority 14 for the period of the report, including a listing of all procurement, 15 public work, construction and revenue contracts entered into, all 16 contracts entered into with New York state business enterprises and the 17 subject matter and value thereof, all contracts entered into with certi- 18 fied minority or women-owned business enterprises and the subject matter 19 and value thereof, all referrals made and all penalties imposed pursuant 20 to section three hundred sixteen of the executive law, all contracts 21 entered into with foreign business enterprises, and the subject matter 22 and value thereof, the selection process used to select such contrac- 23 tors, all procurement, public work, construction and revenue contracts 24 which were exempt from the publication requirements of article four-C of 25 the economic development law, the basis for any such exemption and the 26 status of existing procurement, public work, construction and revenue 27 contracts. 28 7. Each [corporation] state authority shall annually prepare and 29 approve a report on procurement, public work, construction and revenue 30 contracts which shall include the rules or guidelines, as specified in 31 subdivision three of this section, an explanation of the rules or guide- 32 lines and any amendments thereto since the last annual report. Such 33 report on procurement, public work, construction and revenue contracts 34 may be a part of any other annual report that the [corporation] state 35 authority is required to make. 36 8. (a) [Each corporation] Not more than ninety days after the close of 37 a state authority's fiscal year, each state authority shall [annually] 38 submit its annual report on procurement, public work, construction and 39 revenue contracts to the division of the budget and copies thereof to 40 the [department of audit and control] office of the state comptroller, 41 the department of economic development, the senate finance committee and 42 the assembly ways and means committee. 43 (b) Each [corporation] state authority shall make available to the 44 public copies of its report on procurement, public work, construction 45 and revenue contracts upon reasonable request therefor and shall post 46 such report on the state authority's internet website at the same time 47 as such report is submitted as required by this section. Each report on 48 procurement, public work, construction and revenue contracts posted on 49 the state authority's internet website shall be maintained on such 50 website at least until the report for the following year is posted on 51 such website. 52 [9. Nothing contained in this section shall be deemed to alter, affect53the validity of, modify the terms of or impair any contract or agreement54made or entered into in violation of, or without compliance with, the55provisions of this section.]A. 3737 11 1 § 3. Paragraph (a) of subdivision 1 and subdivisions 5 and 12 of 2 section 2880 of the public authorities law, as added by chapter 183 of 3 the laws of 1987, are amended to read as follows: 4 (a) "Corporation" means every [public] state authority [and public5benefit corporation a majority of the governing board members of which6are either appointed by the governor or serve as members by virtue of7their service as an officer of a state department, division, agency,8board or bureau, or combination thereof], as defined in section two of 9 this chapter. 10 5. Statement filing. Each corporation shall, within thirty days after 11 the statement's adoption, file a copy of such statement, and amendments 12 thereto, with the state comptroller, the state director of the budget, 13 the [chairman] chairperson of the senate finance committee, and the 14 [chairman] chairperson of the assembly ways and means committee. At the 15 time of filing such statement, every corporation shall also post such 16 statement on the corporation's internet website. Each statement posted 17 on the corporation's internet website shall be updated to reflect any 18 amendments thereto, and, as amended, shall be maintained permanently on 19 such website. 20 12. Public access. (a) Each corporation shall make available to the 21 public, upon a reasonable request therefor, copies of its statement and 22 annual report and shall post such statement and annual report on the 23 corporation's internet website at the same time as such statement and 24 annual report are filed as required by this section. Each statement 25 posted on the corporation's internet website shall be updated to reflect 26 any amendments thereto, and, as amended, shall be maintained permanently 27 on such website, and each annual report posted on the corporation's 28 internet website shall be maintained on such website at least until the 29 annual report for the following year is posted on such website. 30 (b) Each contractor doing business with a corporation shall be given a 31 copy of that corporation's statement. 32 § 4. The public authorities law is amended by adding a new section 33 2898 to read as follows: 34 § 2898. Contract approval by the comptroller. Any contract of sale of 35 property made for or by any state authority shall be subject to the 36 prior review and approval of the comptroller in accordance with the 37 provisions of section twenty-eight hundred seventy-nine of this article, 38 if the comptroller, in his or her discretion, determines that such 39 review and approval shall be required. Nothing in this section shall be 40 deemed to limit the comptroller's existing authority to supervise the 41 accounts of public authorities. 42 § 5. This act shall take effect immediately.
