Bill Text: NY A06832 | 2017-2018 | General Assembly | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Defines the term "prevailing market price".

Spectrum: Moderate Partisan Bill (Democrat 10-3)

Status: (Introduced - Dead) 2018-06-06 - reported referred to ways and means [A06832 Detail]

Download: New_York-2017-A06832-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                         6832--B
                               2017-2018 Regular Sessions
                   IN ASSEMBLY
                                     March 21, 2017
                                       ___________
        Introduced by M. of A. GUNTHER, SANTABARBARA, BRINDISI, McDONOUGH, RICH-
          ARDSON, RA, THIELE, WALSH, SEPULVEDA -- Multi-Sponsored by -- M. of A.
          ENGLEBRIGHT -- read once and referred to the Committee on Governmental
          Operations  -- recommitted to the Committee on Governmental Operations
          in accordance with Assembly Rule 3, sec. 2  --  committee  discharged,
          bill  amended,  ordered  reprinted  as amended and recommitted to said
          committee -- again  reported  from  said  committee  with  amendments,
          ordered reprinted as amended and recommitted to said committee
        AN  ACT to amend the state finance law, in relation to preferred sources
          for state contracts for goods and services
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Paragraph  m of subdivision 2 of section 161 of the state
     2  finance law, as amended by section 13 of part L of  chapter  55  of  the
     3  laws of 2012, is amended to read as follows:
     4    m.  Establish and, from time to time, amend guidelines with respect to
     5  publishing by state agencies of quarterly listings of projected procure-
     6  ments having a value greater than five thousand dollars  but  less  than
     7  [fifty]  two  hundred  thousand dollars in the procurement opportunities
     8  newsletter established by article four-C  of  the  economic  development
     9  law.
    10    §  2.  Section 162 of the state finance law, as added by chapter 83 of
    11  the laws of 1995, subdivision 2 as amended by chapter 501 of the laws of
    12  2002, paragraph a of subdivision 2, paragraphs a and b of subdivision 3,
    13  subparagraph (i) of paragraph a of subdivision  4,  subdivision  5,  and
    14  paragraphs a and d of subdivision 6 as amended by section 164 of subpart
    15  B  of  part C of chapter 62 of the laws of 2011, paragraph b of subdivi-
    16  sion 2 as amended by chapter 519 of the laws of 2003, subparagraph (iii)
    17  of paragraph b of subdivision 4 as amended by chapter 430 of the laws of
    18  1997, paragraph e of subdivision 6 as amended by chapter 265 of the laws
    19  of 2013, subdivision 7 as amended by chapter 426 of the laws of 2002 and
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD10450-06-8
        A. 6832--B                          2
     1  paragraph a of subdivision 8 as amended by chapter 95  of  the  laws  of
     2  2000, is amended to read as follows:
     3    § 162. Preferred sources. 1. Definitions. As used in this section:
     4    (a) "Preferred source" shall mean:
     5    (i) commodities produced by the correctional industries program of the
     6  department of corrections and community supervision;
     7    (ii)  commodities  and  services  produced by any qualified charitable
     8  non-profit-making agency for the blind approved for such purposes by the
     9  commissioner of children and family services;
    10    (iii) commodities and services  produced  by  any  special  employment
    11  program  serving mentally ill persons, which shall not be required to be
    12  incorporated and which is operated by facilities within  the  office  of
    13  mental  health  and is approved for such purposes by the commissioner of
    14  mental health;
    15    (iv) commodities and services produced  by  any  qualified  charitable
    16  non-profit-making   agency  for  other  significantly  disabled  persons
    17  approved for such purposes by the commissioner of education, or incorpo-
    18  rated under the laws of this state and approved for such purposes by the
    19  commissioner of education;
    20    (v) commodities and services produced a qualified  veterans'  workshop
    21  providing  job  and  employment-skills training to veterans where such a
    22  workshop is operated by the United States department of veterans affairs
    23  and is manufacturing products or performing services within  this  state
    24  and where such workshop is approved for such purposes by the commission-
    25  er of education;
    26    (vi)  commodities  and  services  produced by any qualified charitable
    27  non-profit-making workshop for veterans approved for  such  purposes  by
    28  the  commissioner  of  education, or incorporated under the laws of this
    29  state and approved for such purposes by the commissioner  of  education;
    30  or
    31    (vii)  commodities  and services produced by a private vendor accorded
    32  preferred source status pursuant to subdivision seven of this section.
    33    b. "Facilitating entity" shall refer to those non-profit-making  enti-
    34  ties  identified  pursuant  to  paragraph  e  of subdivision six of this
    35  section by the commissioner of  children  and  family  services  or  the
    36  commissioner of education; and the commissioner of mental health.
    37    c. "Prevailing market price" shall mean the predominate price at which
    38  vendors  of  the same or similar product or service regularly engaged in
    39  the business of selling such product or  service  offers  to  sell  such
    40  product  or service under similar terms in the same market. "Under simi-
    41  lar terms" shall mean, without limitation, procurements conducted  with-
    42  out competitive bidding.
    43    2.  Purpose.  To  advance  special social and economic goals, selected
    44  providers shall  have  preferred  source  status  for  the  purposes  of
    45  procurement in accordance with the provisions of this section.  Procure-
    46  ment  from  these  providers  shall  be  exempted  from  the competitive
    47  procurement provisions of section one hundred sixty-three of this  arti-
    48  cle  and  other  competitive  procurement statutes. Such exemption shall
    49  apply to commodities  produced,  manufactured  or  assembled,  including
    50  those  repackaged  to  meet  the  form, function and utility required by
    51  state agencies, in New York state and,  where  so  designated,  services
    52  provided by those sources in accordance with this section.
    53    [2.  Preferred  status. Preferred status as prescribed in this section
    54  shall be accorded to:
    55    a. Commodities produced by the correctional industries program of  the
    56  department  of corrections and community supervision and provided to the
        A. 6832--B                          3

     1  state pursuant to subdivision two of section one hundred eighty-four  of
     2  the correction law;
     3    b.  Commodities and services produced by any qualified charitable non-
     4  profit-making agency for the blind approved for  such  purposes  by  the
     5  commissioner of the office of children and family services;
     6    c. Commodities and services produced by any special employment program
     7  serving mentally ill persons, which shall not be required to be incorpo-
     8  rated  and  which  is operated by facilities within the office of mental
     9  health and is approved for such purposes by the commissioner  of  mental
    10  health;
    11    d.  Commodities and services produced by any qualified charitable non-
    12  profit-making agency for other severely disabled  persons  approved  for
    13  such  purposes  by  the commissioner of education, or incorporated under
    14  the laws of this state and approved for such purposes by the commission-
    15  er of education;
    16    e. Commodities and services produced by a qualified veterans' workshop
    17  providing job and employment-skills training to veterans  where  such  a
    18  workshop is operated by the United States department of veterans affairs
    19  and  is  manufacturing products or performing services within this state
    20  and where such workshop is approved for such purposes by the commission-
    21  er of education; or
    22    f. Commodities and services produced by any qualified charitable  non-
    23  profit-making  workshop  for  veterans approved for such purposes by the
    24  commissioner of education, or incorporated under the laws of this  state
    25  and approved for such purposes by the commissioner of education.]
    26    3.  Public  list  of  services  and  commodities provided by preferred
    27  sources.
    28    a. By December thirty-first, nineteen hundred ninety-five, the commis-
    29  sioner, in consultation with the commissioners of corrections and commu-
    30  nity supervision, [the office of] children  and  family  services,  [the
    31  office of] temporary and disability assistance, mental health and educa-
    32  tion, shall prepare a list (the "preferred source list of offerings") of
    33  all  commodities  and services that are available and are being provided
    34  as of said date, for purchase by state agencies, public  benefit  corpo-
    35  rations  or  political subdivisions from those entities accorded prefer-
    36  ence or priority status under this section. Such list may include refer-
    37  ences to catalogs and other descriptive literature which  are  available
    38  directly  from  any provider accorded preferred status or the designated
    39  facilitating entity under this section. The commissioner shall make this
    40  list available to prospective vendors, state  agencies,  public  benefit
    41  corporations, political subdivisions and other interested parties. Ther-
    42  eafter,  new or substantially different commodities or services may only
    43  be made available [by preferred sources for purchase by  more  than  one
    44  state  agency,  public benefit corporation or political subdivision] for
    45  purchases pursuant to the exemption established pursuant to this section
    46  after addition to said list.
    47    b. After January first, nineteen hundred ninety-six, upon the applica-
    48  tion of the commissioner of corrections and community  supervision,  the
    49  commissioner  of  [the  office  of]  children  and  family services, the
    50  [office]  commissioner  of  temporary  and  disability  assistance,  the
    51  commissioner  of  mental  health  or the commissioner of education, or a
    52  non-profit-making facilitating [agency] entity designated by one of  the
    53  said  commissioners  pursuant  to paragraph e of subdivision six of this
    54  section, the state procurement council may recommend  that  the  commis-
    55  sioner:  (i)  add commodities or services to, or (ii) in order to insure
    56  that such  list  reflects  current  production  and/or  availability  of
        A. 6832--B                          4
     1  commodities  and  services, delete at the request of a preferred source,
     2  commodities or services from, the list established  by  paragraph  a  of
     3  this  subdivision.  The council may make a non-binding recommendation to
     4  the relevant preferred source to delete a commodity or service from such
     5  list. Additions may be made only for new services or commodities, or for
     6  services  or  commodities  that  are  substantially different from those
     7  reflected on said list for that provider. The decision to recommend  the
     8  addition  of  services  or  commodities  shall be based upon a review of
     9  relevant factors as determined by the council including the  purpose  of
    10  the  preferred  source  program  identified  in  subdivision two of this
    11  section, costs and benefits to be derived from such addition, and [shall
    12  include] an analysis by the office of general services conducted  pursu-
    13  ant  to  subdivision  six  of this section. Unless the state procurement
    14  council shall make a recommendation to  the  commissioner  on  any  such
    15  application  within  one  hundred  twenty  days of receipt thereof, such
    16  application shall be deemed recommended. In the  event  that  the  state
    17  procurement  council  shall deny any such application, the commissioner,
    18  or non-profit-making agency  or  designated  facilitating  entity  which
    19  submitted  such  application  may,  within  thirty  days of such denial,
    20  appeal such denial to the commissioner of  general  services  who  shall
    21  review  all  materials  submitted  to the state procurement council with
    22  respect to such application and who may request such further information
    23  or material as is deemed necessary. Within sixty days of receipt of  all
    24  information or materials deemed necessary, the commissioner shall render
    25  a  written final decision on the application which shall be binding upon
    26  the applicant and upon the state procurement council. For those  commod-
    27  ities  and  services  identified  in  sections C and E of the "preferred
    28  source list of offerings" as of January first,  two  thousand  eighteen,
    29  any  state agencies, political subdivisions, public benefit corporations
    30  and other interested parties  choosing  to  purchase  from  a  preferred
    31  source  shall  obtain price approved pursuant to subdivision six of this
    32  section.
    33    c. The list maintained by the office of general services  pursuant  to
    34  paragraph a of this subdivision shall be revised as necessary to reflect
    35  the  additions and deletions of commodities and services approved by the
    36  state procurement council.
    37    4. Priority accorded preferred sources. Except as provided in the  New
    38  York  state  printing and public documents law, priority among preferred
    39  sources shall be accorded as follows:
    40    a. (i) When commodities are available, in the form, function and util-
    41  ity required by a state agency,  public  authority,  commission,  public
    42  benefit  corporation  or political subdivision, said commodities must be
    43  purchased first from the correctional industries program of the  depart-
    44  ment of corrections and community supervision;
    45    (ii) When commodities are available, in the form, function and utility
    46  required  by,  a state agency or political subdivision or public benefit
    47  corporation having their own purchasing agency, and such commodities are
    48  not available pursuant to  subparagraph  (i)  of  this  paragraph,  said
    49  commodities  shall  then  be purchased from approved charitable non-pro-
    50  fit-making agencies for the blind;
    51    (iii) When commodities are available, in the form, function and utili-
    52  ty required by, a state agency or political subdivision or public  bene-
    53  fit corporation having their own purchasing agency, and such commodities
    54  are  not  available pursuant to subparagraphs (i) and (ii) of this para-
    55  graph, said commodities shall then be purchased from  a  qualified  non-
    56  profit-making  agency  for  other severely disabled persons, a qualified
        A. 6832--B                          5
     1  special employment program for mentally  ill  persons,  or  a  qualified
     2  veterans' workshop;
     3    b.  When  services  are  available,  in the form, function and utility
     4  required by, a state agency or political subdivision or  public  benefit
     5  corporation  having their own purchasing agency, equal priority shall be
     6  accorded the services rendered and offered for sale  by  qualified  non-
     7  profit-making  agencies  for  the blind and those for the other severely
     8  disabled, by qualified special  employment  programs  for  mentally  ill
     9  persons and by qualified veterans' workshops. In the case of services:
    10    (i)  state agencies or political subdivisions or public benefit corpo-
    11  rations having their own purchasing agency shall make reasonable efforts
    12  to provide a written notification describing their requirements to those
    13  preferred sources, or to the facilitating entity identified in paragraph
    14  e of subdivision  six  of  this  section,  which  provide  the  required
    15  services  as  indicated  on  the  official public list maintained by the
    16  office of  general  services  pursuant  to  subdivision  three  of  this
    17  section;
    18    (ii)  if, within ten days of the notification required by subparagraph
    19  (i) of this paragraph, one or more  preferred  sources  or  facilitating
    20  entities  identified  in  paragraph e of subdivision six of this section
    21  submit a notice of intent to provide the service in the  form,  function
    22  and utility required, said service shall be purchased in accordance with
    23  this  section.  If more than one preferred source or facilitating entity
    24  identified in paragraph e of subdivision six  of  this  section  submits
    25  notification  of  intent and meets the requirements, [costs] price shall
    26  be the determining factor for purchase among the preferred sources;
    27    (iii) if, within ten days of the notification required by subparagraph
    28  (i) of this paragraph, no preferred source or facilitating entity  iden-
    29  tified  in  paragraph  e  of  subdivision  six of this section indicates
    30  intent to provide the service, then the service  shall  be  procured  in
    31  accordance  with  section  one  hundred sixty-three of this article. If,
    32  after such period, a preferred source elects  to  bid  on  the  service,
    33  award  shall  be made in accordance with section one hundred sixty-three
    34  of this article or as otherwise provided by law.
    35    c. For the purposes of commodities and services  produced  by  special
    36  employment  programs  operated by facilities approved or operated by the
    37  office of mental health, facilities within the office of  mental  health
    38  shall be exempt from the requirements of subparagraph (i) of paragraph a
    39  of  this  subdivision.  When  such  requirements of the office of mental
    40  health cannot be met pursuant to subparagraph (ii) or (iii) of paragraph
    41  a of this subdivision, or paragraph b of this subdivision, the office of
    42  mental health may purchase commodities and services  which  are  compet-
    43  itive  in price and comparable in quality to those which could otherwise
    44  be obtained in accordance with this  article,  from  special  employment
    45  programs  operated  by  facilities within the office of mental health or
    46  other programs approved by the office of mental health.
    47    5. Prices charged by  the  department  of  corrections  and  community
    48  supervision.  The  prices  to be charged for commodities produced by the
    49  correctional industries program of the  department  of  corrections  and
    50  community  supervision  shall  be  established  by  the  commissioner of
    51  corrections and community supervision in  accordance  with  section  one
    52  hundred eighty-six of the correction law.
    53    a.  The  prices  established  by  the  commissioner of corrections and
    54  community supervision shall be based upon costs as  determined  pursuant
    55  to this subdivision, but shall not exceed a reasonable fair market price
    56  determined at or within ninety days before the time of sale. Fair market
        A. 6832--B                          6
     1  price  as  used  herein means the price at which a vendor of the same or
     2  similar product or service who is regularly engaged in the  business  of
     3  selling  such  product or service offers to sell such product or service
     4  under  similar  terms  in  the same market. Costs shall be determined in
     5  accordance with an agreement between the commissioner of corrections and
     6  community supervision and the director of the budget.
     7    b. A purchaser of any such product or service may, at any  time  prior
     8  to  or within thirty days of the time of sale, appeal the purchase price
     9  in accordance with section one hundred eighty-six of the correction law,
    10  on the basis that it unreasonably exceeds fair  market  price.  Such  an
    11  appeal  shall  be  decided  by  a  majority vote of a three-member price
    12  review board consisting of the director of the budget, the  commissioner
    13  of  corrections  and community supervision and the commissioner or their
    14  representatives. The decision of the review board shall be final.
    15    6. Prices charged by agencies for the blind, other  severely  disabled
    16  and veterans' workshops.
    17    a.  (i)  Except with respect to the correctional industries program of
    18  the department of corrections and community supervision, it shall be the
    19  duty of the commissioner to determine, and from time to time review, the
    20  prices of all commodities [and to approve the  price  of  all  services]
    21  provided  by  preferred  sources as specified in this section offered to
    22  state agencies, political subdivisions or  public  benefit  corporations
    23  having their own purchasing office.
    24    (ii) With respect to the purchase of services, it shall be the duty of
    25  the  commissioner  to  review  and  to approve the price of all services
    26  offered that have a value over two hundred thousand dollars annually, to
    27  be provided by the facilitating entity in response to the written  scope
    28  of  services issued by the state agency, political subdivision or public
    29  benefit corporation. The facilitating entities identified in paragraph e
    30  of this subdivision shall provide to the commissioner, within a  reason-
    31  able  time  following  the  request, information to determine prevailing
    32  market price. Such information shall include  a  price  application  and
    33  either  comparable pricing from private contracts, benchmarking provided
    34  by an independent third party supplied by the  facilitating  entity,  or
    35  attestation by the state agency, political subdivision or public benefit
    36  corporation  of price reasonableness. Where appropriate, the provider of
    37  such information may request that  such  information  be  exempted  from
    38  disclosure  in accordance with the provisions of paragraph (a) of subdi-
    39  vision five of section eighty-nine of the  public  officers  law.  State
    40  agencies,  political  subdivisions,  or  public benefit corporations may
    41  issue a request for the information to assist the commissioner in estab-
    42  lishing prevailing market prices.  Subcontracting a portion of the  work
    43  under  the  preferred  source program shall be authorized provided that:
    44  the annual value of the subcontract does not exceed  authorized  thresh-
    45  olds for discretionary purchase levels; and the service provided through
    46  a  subcontract is integral to the service being delivered by the provid-
    47  ing preferred source agency or partnership. When the subcontracted  work
    48  is not a preferred source service, it must be sourced from a centralized
    49  contract  when  available,  unless  a  better value can be achieved from
    50  another source. If the subcontract  is  sourced  outside  a  centralized
    51  contract the subcontracting shall be sourced competitively by the facil-
    52  itating  agency  or the performing preferred source provider or partner.
    53  All direct labor hours performed by a subcontractor shall be included in
    54  the required value added labor ratio requirements.   This  price  review
    55  process  shall be concluded within ninety days of receipt thereof by the
        A. 6832--B                          7
     1  commissioner of a price application. Otherwise, such  application  shall
     2  be deemed approved.
     3    b.  In  determining  and  revising  the  prices of such commodities or
     4  services, in instances where  the  prevailing  market  price  cannot  be
     5  reasonably  determined  by  comparable  price  information  from private
     6  contracts, third party benchmarking  or  attestation  by  the  customer,
     7  consideration shall be given to the reasonable costs of labor, materials
     8  and  overhead necessarily incurred by such preferred sources under effi-
     9  cient methods  of  procurement,  production,  performance  and  adminis-
    10  tration;  however,  the prices of such products and services shall be as
    11  close to prevailing market price as practicable, but in no event greater
    12  than fifteen percent above, the prevailing market prices  among  respon-
    13  sive offerors for the same or equivalent commodities or services.
    14    c.  Such qualified charitable non-profit-making agencies for the blind
    15  and other severely disabled may make purchases of  materials,  equipment
    16  or  supplies,  except  printed  material, from centralized contracts for
    17  commodities in accordance with the  conditions  set  by  the  office  of
    18  general services; provided that the qualified charitable non-profit-mak-
    19  ing  agency  for  the blind or other severely disabled shall accept sole
    20  responsibility for any payment due the vendor.
    21    d. Such qualified charitable non-profit-making agencies for the  blind
    22  and  other  severely disabled may make purchases of materials, equipment
    23  and supplies directly from the correctional industries program  adminis-
    24  tered  by  the  commissioner  of  corrections and community supervision,
    25  subject to such rules as may be established from time to  time  pursuant
    26  to  the  correction law; provided that the qualified charitable non-pro-
    27  fit-making agency for the blind or other severely disabled shall  accept
    28  sole  responsibility  for  any payment due the department of corrections
    29  and community supervision.
    30    e. The commissioner of the office  of  children  and  family  services
    31  shall  appoint  the  New  York  state commission for the blind, or other
    32  non-profit-making agency, other than the agency representing  the  other
    33  severely disabled, to facilitate the distribution of orders among quali-
    34  fied  non-profit-making  charitable  agencies  for  the blind. The state
    35  commissioner of education  shall  appoint  a  non-profit-making  agency,
    36  other than the agency representing the blind, to facilitate the distrib-
    37  ution  of  orders  among qualified non-profit-making charitable agencies
    38  for the other severely  disabled  and  the  veterans'  workshops.    The
    39  [state]  commissioner of mental health shall facilitate the distribution
    40  of orders  among  qualified  special  employment  programs  operated  or
    41  approved by the office of mental health serving mentally ill persons.
    42    f.  The  commissioner  may  request  the  state comptroller to conduct
    43  audits and examinations to be made of all records, books and data of any
    44  agency for the blind or the other severely disabled, any special employ-
    45  ment program for mentally ill persons or any veterans' workshops  quali-
    46  fied  under  this  section  to determine the costs of manufacture or the
    47  rendering of services and the manner and efficiency  of  production  and
    48  administration of such agency or special employment program or veterans'
    49  workshop  with  relation to any product or services purchased by a state
    50  agency or political subdivision or public  benefit  corporation  and  to
    51  furnish  the  results  of such audit and examination to the commissioner
    52  for such action as he or she may deem appropriate under this section.
    53    7. Partnering with preferred sources. The commissioner of  the  appro-
    54  priate appointing agency as identified in paragraph e of subdivision six
    55  of  this  section,  shall [conduct one or more pilot studies] review and
    56  approve applications provided  by  the  facilitating  entity  whereby  a
        A. 6832--B                          8
     1  private  vendor  may be accorded preferred source status for purposes of
     2  this section. [The pilot studies shall seek to ascertain the benefits of
     3  partnerships  between  private  industry  and  those  entities  accorded
     4  preferred  source status as specified in this section.] Preferred source
     5  status under a partnering  arrangement  may  only  be  accorded  when  a
     6  proposal  to  a soliciting agency for commodities or services includes a
     7  binding agreement with one or more  of  the  non-profit-making  entities
     8  accorded  preferred  source  status [under] identified in paragraph e of
     9  subdivision six of this section. The  binding  agreement  shall  provide
    10  that:
    11    (i) The preferred source shall perform the majority of the work neces-
    12  sary to such offering, and
    13    (ii)  The  partnering proposal includes bona fide long term employment
    14  opportunities for [persons who could otherwise be  new]  clients  of  an
    15  entity  previously accorded preferred source status [herein] pursuant to
    16  this section, and
    17    (iii) The partnering proposal offers the solicited services or commod-
    18  ities at a price less than the price that otherwise would be charged  by
    19  [a] the preferred source that is a party to the partnership application,
    20  or
    21    (iv)  The partnering proposal allows the preferred source to engage in
    22  an approved offering that would allow for employment opportunities  that
    23  would not otherwise be able to provide on its own.
    24    8.  [a.  The  commissioner  of the appropriate appointing agency shall
    25  report by December thirty-first, two thousand four, to the governor, the
    26  chairperson of the senate finance  committee,  the  chairperson  of  the
    27  assembly  ways  and  means committee and the director of the budget, the
    28  results and findings of each pilot study conducted, pursuant to subdivi-
    29  sion seven of this section, and include  recommendations  for  improving
    30  partnering with preferred sources.
    31    b.]  The  council  shall  report  to  the governor, legislative fiscal
    32  committees and the director of  the  budget  by  December  thirty-first,
    33  [nineteen  hundred ninety-five and thereafter] annually, a separate list
    34  concerning the denial of any  application  made  pursuant  to  paragraph
    35  [(b)]  b  of  subdivision  three  of  this section, the reasons for such
    36  denial, whether such denial was appealed to the  commissioner,  and  the
    37  final decision by the commissioner on such application.
    38    9.  The  provisions  of  this  section  shall  supersede  inconsistent
    39  provisions of any general, special or local law, or  the  provisions  of
    40  any charter.
    41    §  3. This act shall take effect on the first of January next succeed-
    42  ing the date on which it shall have become a law.