S T A T E O F N E W Y O R K
________________________________________________________________________
5096--B
2017-2018 Regular Sessions
I N S E N A T E
March 7, 2017
___________
Introduced by Sens. YOUNG, GRIFFO, MARCHIONE, ORTT, SEWARD -- read twice
and ordered printed, and when printed to be committed to the Committee
on Finance -- recommitted to the Committee on Finance in accordance
with Senate Rule 6, sec. 8 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee --
committee discharged, bill amended, 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:
Section 1. Paragraph m of subdivision 2 of section 161 of the state
finance law, as amended by section 13 of part L of chapter 55 of the
laws of 2012, is amended to read as follows:
m. Establish and, from time to time, amend guidelines with respect to
publishing by state agencies of quarterly listings of projected procure-
ments having a value greater than five thousand dollars but less than
[fifty] TWO HUNDRED thousand dollars in the procurement opportunities
newsletter established by article four-C of the economic development
law.
§ 2. Section 162 of the state finance law, as added by chapter 83 of
the laws of 1995, subdivision 2 as amended by chapter 501 of the laws of
2002, paragraph a of subdivision 2, paragraphs a and b of subdivision 3,
subparagraph (i) of paragraph a of subdivision 4, subdivision 5, and
paragraphs a and d of subdivision 6 as amended by section 164 of subpart
B of part C of chapter 62 of the laws of 2011, paragraph b of subdivi-
sion 2 as amended by chapter 519 of the laws of 2003, subparagraph (iii)
of paragraph b of subdivision 4 as amended by chapter 430 of the laws of
1997, paragraph e of subdivision 6 as amended by chapter 265 of the laws
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.
LBD10450-05-8
S. 5096--B 2
paragraph a of subdivision 8 as amended by chapter 95 of the laws of
2000, is amended to read as follows:
§ 162. Preferred sources. 1. DEFINITIONS. AS USED IN THIS SECTION:
(A) "PREFERRED SOURCE" SHALL MEAN:
(I) COMMODITIES PRODUCED BY THE CORRECTIONAL INDUSTRIES PROGRAM OF THE
DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION;
(II) COMMODITIES AND SERVICES PRODUCED BY ANY QUALIFIED CHARITABLE
NON-PROFIT-MAKING AGENCY FOR THE BLIND APPROVED FOR SUCH PURPOSES BY THE
COMMISSIONER OF CHILDREN AND FAMILY SERVICES;
(III) COMMODITIES AND SERVICES PRODUCED BY ANY SPECIAL EMPLOYMENT
PROGRAM SERVING MENTALLY ILL PERSONS, WHICH SHALL NOT BE REQUIRED TO BE
INCORPORATED AND WHICH IS OPERATED BY FACILITIES WITHIN THE OFFICE OF
MENTAL HEALTH AND IS APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF
MENTAL HEALTH;
(IV) COMMODITIES AND SERVICES PRODUCED BY ANY QUALIFIED CHARITABLE
NON-PROFIT-MAKING AGENCY FOR OTHER SIGNIFICANTLY DISABLED PERSONS
APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF EDUCATION, OR INCORPO-
RATED UNDER THE LAWS OF THIS STATE AND APPROVED FOR SUCH PURPOSES BY THE
COMMISSIONER OF EDUCATION;
(V) COMMODITIES AND SERVICES PRODUCED A QUALIFIED VETERANS' WORKSHOP
PROVIDING JOB AND EMPLOYMENT-SKILLS TRAINING TO VETERANS WHERE SUCH A
WORKSHOP IS OPERATED BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS
AND IS MANUFACTURING PRODUCTS OR PERFORMING SERVICES WITHIN THIS STATE
AND WHERE SUCH WORKSHOP IS APPROVED FOR SUCH PURPOSES BY THE COMMISSION-
ER OF EDUCATION;
(VI) COMMODITIES AND SERVICES PRODUCED BY ANY QUALIFIED CHARITABLE
NON-PROFIT-MAKING WORKSHOP FOR VETERANS APPROVED FOR SUCH PURPOSES BY
THE COMMISSIONER OF EDUCATION, OR INCORPORATED UNDER THE LAWS OF THIS
STATE AND APPROVED FOR SUCH PURPOSES BY THE COMMISSIONER OF EDUCATION;
OR
(VII) COMMODITIES AND SERVICES PRODUCED BY A PRIVATE VENDOR ACCORDED
PREFERRED SOURCE STATUS PURSUANT TO SUBDIVISION SEVEN OF THIS SECTION.
B. "FACILITATING ENTITY" SHALL REFER TO THOSE NON-PROFIT-MAKING ENTI-
TIES IDENTIFIED PURSUANT TO PARAGRAPH E OF SUBDIVISION SIX OF THIS
SECTION BY THE COMMISSIONER OF CHILDREN AND FAMILY SERVICES OR THE
COMMISSIONER OF EDUCATION; AND THE COMMISSIONER OF MENTAL HEALTH.
C. "PREVAILING MARKET PRICE" SHALL MEAN THE PREDOMINATE PRICE AT WHICH
VENDORS OF THE SAME OR SIMILAR PRODUCT OR SERVICE REGULARLY ENGAGED IN
THE BUSINESS OF SELLING SUCH PRODUCT OR SERVICE OFFERS TO SELL SUCH
PRODUCT OR SERVICE UNDER SIMILAR TERMS IN THE SAME MARKET. "UNDER SIMI-
LAR TERMS" SHALL MEAN, WITHOUT LIMITATION, PROCUREMENTS CONDUCTED WITH-
OUT COMPETITIVE BIDDING.
2. Purpose. To advance special social and economic goals, selected
providers shall have preferred source status for the purposes of
procurement in accordance with the provisions of this section. Procure-
ment from these providers shall be exempted from the competitive
procurement provisions of section one hundred sixty-three of this arti-
cle and other competitive procurement statutes. Such exemption shall
apply to commodities produced, manufactured or assembled, including
those repackaged to meet the form, function and utility required by
state agencies, in New York state and, where so designated, services
provided by those sources in accordance with this section.
[2. Preferred status. Preferred status as prescribed in this section
shall be accorded to:
a. Commodities produced by the correctional industries program of the
department of corrections and community supervision and provided to the
S. 5096--B 3
state pursuant to subdivision two of section one hundred eighty-four of
the correction law;
b. Commodities and services produced by any qualified charitable non-
profit-making agency for the blind approved for such purposes by the
commissioner of the office of children and family services;
c. Commodities and services produced by any special employment program
serving mentally ill persons, which shall not be required to be incorpo-
rated and which is operated by facilities within the office of mental
health and is approved for such purposes by the commissioner of mental
health;
d. Commodities and services produced by any qualified charitable non-
profit-making agency for other severely disabled persons approved for
such purposes by the commissioner of education, or incorporated under
the laws of this state and approved for such purposes by the commission-
er of education;
e. Commodities and services produced by a qualified veterans' workshop
providing job and employment-skills training to veterans where such a
workshop is operated by the United States department of veterans affairs
and is manufacturing products or performing services within this state
and where such workshop is approved for such purposes by the commission-
er of education; or
f. Commodities and services produced by any qualified charitable non-
profit-making workshop for veterans approved for such purposes by the
commissioner of education, or incorporated under the laws of this state
and approved for such purposes by the commissioner of education.]
3. Public list of services and commodities provided by preferred
sources.
a. By December thirty-first, nineteen hundred ninety-five, the commis-
sioner, in consultation with the commissioners of corrections and commu-
nity supervision, [the office of] children and family services, [the
office of] temporary and disability assistance, mental health and educa-
tion, shall prepare a list (THE "PREFERRED SOURCE LIST OF OFFERINGS") of
all commodities and services that are available and are being provided
as of said date, for purchase by state agencies, public benefit corpo-
rations or political subdivisions from those entities accorded prefer-
ence or priority status under this section. Such list may include refer-
ences to catalogs and other descriptive literature which are available
directly from any provider accorded preferred status OR THE DESIGNATED
FACILITATING ENTITY under this section. The commissioner shall make this
list available to prospective vendors, state agencies, public benefit
corporations, political subdivisions and other interested parties. Ther-
eafter, new or substantially different commodities or services may only
be made available [by preferred sources for purchase by more than one
state agency, public benefit corporation or political subdivision] FOR
PURCHASES PURSUANT TO THE EXEMPTION ESTABLISHED PURSUANT TO THIS SECTION
after addition to said list.
b. After January first, nineteen hundred ninety-six, upon the applica-
tion of the commissioner of corrections and community supervision, the
commissioner of [the office of] children and family services, the
[office] COMMISSIONER of temporary and disability assistance, the
commissioner of mental health or the commissioner of education, or a
non-profit-making facilitating [agency] ENTITY designated by one of the
said commissioners pursuant to paragraph e of subdivision six of this
section, the state procurement council may recommend that the commis-
sioner: (i) add commodities or services to, or (ii) in order to insure
that such list reflects current production and/or availability of
S. 5096--B 4
commodities and services, delete at the request of a preferred source,
commodities or services from, the list established by paragraph a of
this subdivision. The council may make a non-binding recommendation to
the relevant preferred source to delete a commodity or service from such
list. Additions may be made only for new services or commodities, or for
services or commodities that are substantially different from those
reflected on said list for that provider. The decision to recommend the
addition of services or commodities shall be based upon a review of
relevant factors as determined by the council including THE PURPOSE OF
THE PREFERRED SOURCE PROGRAM IDENTIFIED IN SUBDIVISION TWO OF THIS
SECTION, costs and benefits to be derived from such addition, and [shall
include] an analysis by the office of general services conducted pursu-
ant to subdivision six of this section. Unless the state procurement
council shall make a recommendation to the commissioner on any such
application within one hundred twenty days of receipt thereof, such
application shall be deemed recommended. In the event that the state
procurement council shall deny any such application, the commissioner,
or non-profit-making agency OR DESIGNATED FACILITATING ENTITY which
submitted such application may, within thirty days of such denial,
appeal such denial to the commissioner of general services who shall
review all materials submitted to the state procurement council with
respect to such application and who may request such further information
or material as is deemed necessary. Within sixty days of receipt of all
information or materials deemed necessary, the commissioner shall render
a written final decision on the application which shall be binding upon
the applicant and upon the state procurement council. FOR THOSE COMMOD-
ITIES AND SERVICES IDENTIFIED IN SECTIONS C AND E OF THE "PREFERRED
SOURCE LIST OF OFFERINGS" AS OF JANUARY FIRST, TWO THOUSAND EIGHTEEN,
ANY STATE AGENCIES, POLITICAL SUBDIVISIONS, PUBLIC BENEFIT CORPORATIONS
AND OTHER INTERESTED PARTIES CHOOSING TO PURCHASE FROM A PREFERRED
SOURCE SHALL OBTAIN PRICE APPROVED PURSUANT TO SUBDIVISION SIX OF THIS
SECTION.
c. The list maintained by the office of general services pursuant to
paragraph a of this subdivision shall be revised as necessary to reflect
the additions and deletions of commodities and services approved by the
state procurement council.
4. Priority accorded preferred sources. Except as provided in the New
York state printing and public documents law, priority among preferred
sources shall be accorded as follows:
a. (i) When commodities are available, in the form, function and util-
ity required by a state agency, public authority, commission, public
benefit corporation or political subdivision, said commodities must be
purchased first from the correctional industries program of the depart-
ment of corrections and community supervision;
(ii) When commodities are available, in the form, function and utility
required by, a state agency or political subdivision or public benefit
corporation having their own purchasing agency, and such commodities are
not available pursuant to subparagraph (i) of this paragraph, said
commodities shall then be purchased from approved charitable non-pro-
fit-making agencies for the blind;
(iii) When commodities are available, in the form, function and utili-
ty required by, a state agency or political subdivision or public bene-
fit corporation having their own purchasing agency, and such commodities
are not available pursuant to subparagraphs (i) and (ii) of this para-
graph, said commodities shall then be purchased from a qualified non-
profit-making agency for other severely disabled persons, a qualified
S. 5096--B 5
special employment program for mentally ill persons, or a qualified
veterans' workshop;
b. When services are available, in the form, function and utility
required by, a state agency or political subdivision or public benefit
corporation having their own purchasing agency, equal priority shall be
accorded the services rendered and offered for sale by qualified non-
profit-making agencies for the blind and those for the other severely
disabled, by qualified special employment programs for mentally ill
persons and by qualified veterans' workshops. In the case of services:
(i) state agencies or political subdivisions or public benefit corpo-
rations having their own purchasing agency shall make reasonable efforts
to provide a WRITTEN notification describing their requirements to those
preferred sources, or to the facilitating entity identified in paragraph
e of subdivision six of this section, which provide the required
services as indicated on the official public list maintained by the
office of general services pursuant to subdivision three of this
section;
(ii) if, within ten days of the notification required by subparagraph
(i) of this paragraph, one or more preferred sources or facilitating
entities identified in paragraph e of subdivision six of this section
submit a notice of intent to provide the service in the form, function
and utility required, said service shall be purchased in accordance with
this section. If more than one preferred source or facilitating entity
identified in paragraph e of subdivision six of this section submits
notification of intent and meets the requirements, [costs] PRICE shall
be the determining factor for purchase among the preferred sources;
(iii) if, within ten days of the notification required by subparagraph
(i) of this paragraph, no preferred source or facilitating entity iden-
tified in paragraph e of subdivision six of this section indicates
intent to provide the service, then the service shall be procured in
accordance with section one hundred sixty-three of this article. If,
after such period, a preferred source elects to bid on the service,
award shall be made in accordance with section one hundred sixty-three
of this article or as otherwise provided by law.
c. For the purposes of commodities and services produced by special
employment programs operated by facilities approved or operated by the
office of mental health, facilities within the office of mental health
shall be exempt from the requirements of subparagraph (i) of paragraph a
of this subdivision. When such requirements of the office of mental
health cannot be met pursuant to subparagraph (ii) or (iii) of paragraph
a of this subdivision, or paragraph b of this subdivision, the office of
mental health may purchase commodities and services which are compet-
itive in price and comparable in quality to those which could otherwise
be obtained in accordance with this article, from special employment
programs operated by facilities within the office of mental health or
other programs approved by the office of mental health.
5. Prices charged by the department of corrections and community
supervision. The prices to be charged for commodities produced by the
correctional industries program of the department of corrections and
community supervision shall be established by the commissioner of
corrections and community supervision in accordance with section one
hundred eighty-six of the correction law.
a. The prices established by the commissioner of corrections and
community supervision shall be based upon costs as determined pursuant
to this subdivision, but shall not exceed a reasonable fair market price
determined at or within ninety days before the time of sale. Fair market
S. 5096--B 6
price as used herein means the price at which a vendor of the same or
similar product or service who is regularly engaged in the business of
selling such product or service offers to sell such product or service
under similar terms in the same market. Costs shall be determined in
accordance with an agreement between the commissioner of corrections and
community supervision and the director of the budget.
b. A purchaser of any such product or service may, at any time prior
to or within thirty days of the time of sale, appeal the purchase price
in accordance with section one hundred eighty-six of the correction law,
on the basis that it unreasonably exceeds fair market price. Such an
appeal shall be decided by a majority vote of a three-member price
review board consisting of the director of the budget, the commissioner
of corrections and community supervision and the commissioner or their
representatives. The decision of the review board shall be final.
6. Prices charged by agencies for the blind, other severely disabled
and veterans' workshops.
a. (I) Except with respect to the correctional industries program of
the department of corrections and community supervision, it shall be the
duty of the commissioner to determine, and from time to time review, the
prices of all commodities [and to approve the price of all services]
provided by preferred sources as specified in this section offered to
state agencies, political subdivisions or public benefit corporations
having their own purchasing office.
(II) WITH RESPECT TO THE PURCHASE OF SERVICES, IT SHALL BE THE DUTY OF
THE COMMISSIONER TO REVIEW AND TO APPROVE THE PRICE OF ALL SERVICES
OFFERED THAT HAVE A VALUE OVER TWO HUNDRED THOUSAND DOLLARS ANNUALLY, TO
BE PROVIDED BY THE FACILITATING ENTITY IN RESPONSE TO THE WRITTEN SCOPE
OF SERVICES ISSUED BY THE STATE AGENCY, POLITICAL SUBDIVISION OR PUBLIC
BENEFIT CORPORATION. THE FACILITATING ENTITIES IDENTIFIED IN PARAGRAPH E
OF THIS SUBDIVISION SHALL PROVIDE TO THE COMMISSIONER, WITHIN A REASON-
ABLE TIME FOLLOWING THE REQUEST, INFORMATION TO DETERMINE PREVAILING
MARKET PRICE. SUCH INFORMATION SHALL INCLUDE A PRICE APPLICATION AND
EITHER COMPARABLE PRICING FROM PRIVATE CONTRACTS, BENCHMARKING PROVIDED
BY AN INDEPENDENT THIRD PARTY SUPPLIED BY THE FACILITATING ENTITY, OR
ATTESTATION BY THE STATE AGENCY, POLITICAL SUBDIVISION OR PUBLIC BENEFIT
CORPORATION OF PRICE REASONABLENESS. WHERE APPROPRIATE, THE PROVIDER OF
SUCH INFORMATION MAY REQUEST THAT SUCH INFORMATION BE EXEMPTED FROM
DISCLOSURE IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH (A) OF SUBDI-
VISION FIVE OF SECTION EIGHTY-NINE OF THE PUBLIC OFFICERS LAW. STATE
AGENCIES, POLITICAL SUBDIVISIONS, OR PUBLIC BENEFIT CORPORATIONS MAY
ISSUE A REQUEST FOR THE INFORMATION TO ASSIST THE COMMISSIONER IN ESTAB-
LISHING PREVAILING MARKET PRICES. SUBCONTRACTING A PORTION OF THE WORK
UNDER THE PREFERRED SOURCE PROGRAM SHALL BE AUTHORIZED PROVIDED THAT:
THE ANNUAL VALUE OF THE SUBCONTRACT DOES NOT EXCEED AUTHORIZED THRESH-
OLDS FOR DISCRETIONARY PURCHASE LEVELS; AND THE SERVICE PROVIDED THROUGH
A SUBCONTRACT IS INTEGRAL TO THE SERVICE BEING DELIVERED BY THE PROVID-
ING PREFERRED SOURCE AGENCY OR PARTNERSHIP. WHEN THE SUBCONTRACTED WORK
IS NOT A PREFERRED SOURCE SERVICE, IT MUST BE SOURCED FROM A CENTRALIZED
CONTRACT WHEN AVAILABLE, UNLESS A BETTER VALUE CAN BE ACHIEVED FROM
ANOTHER SOURCE. IF THE SUBCONTRACT IS SOURCED OUTSIDE A CENTRALIZED
CONTRACT THE SUBCONTRACTING SHALL BE SOURCED COMPETITIVELY BY THE FACIL-
ITATING AGENCY OR THE PERFORMING PREFERRED SOURCE PROVIDER OR PARTNER.
ALL DIRECT LABOR HOURS PERFORMED BY A SUBCONTRACTOR SHALL BE INCLUDED IN
THE REQUIRED VALUE ADDED LABOR RATIO REQUIREMENTS. THIS PRICE REVIEW
PROCESS SHALL BE CONCLUDED WITHIN NINETY DAYS OF RECEIPT THEREOF BY THE
S. 5096--B 7
COMMISSIONER OF A PRICE APPLICATION. OTHERWISE, SUCH APPLICATION SHALL
BE DEEMED APPROVED.
b. In determining and revising the prices of such commodities or
services, IN INSTANCES WHERE THE PREVAILING MARKET PRICE CANNOT BE
REASONABLY DETERMINED BY COMPARABLE PRICE INFORMATION FROM PRIVATE
CONTRACTS, THIRD PARTY BENCHMARKING OR ATTESTATION BY THE CUSTOMER,
consideration shall be given to the reasonable costs of labor, materials
and overhead necessarily incurred by such preferred sources under effi-
cient methods of procurement, production, performance and adminis-
tration; however, the prices of such products and services shall be as
close to prevailing market price as practicable, but in no event greater
than fifteen percent above, the prevailing market prices among respon-
sive offerors for the same or equivalent commodities or services.
c. Such qualified charitable non-profit-making agencies for the blind
and other severely disabled may make purchases of materials, equipment
or supplies, except printed material, from centralized contracts for
commodities in accordance with the conditions set by the office of
general services; provided that the qualified charitable non-profit-mak-
ing agency for the blind or other severely disabled shall accept sole
responsibility for any payment due the vendor.
d. Such qualified charitable non-profit-making agencies for the blind
and other severely disabled may make purchases of materials, equipment
and supplies directly from the correctional industries program adminis-
tered by the commissioner of corrections and community supervision,
subject to such rules as may be established from time to time pursuant
to the correction law; provided that the qualified charitable non-pro-
fit-making agency for the blind or other severely disabled shall accept
sole responsibility for any payment due the department of corrections
and community supervision.
e. The commissioner of the office of children and family services
shall appoint the New York state commission for the blind, or other
non-profit-making agency, other than the agency representing the other
severely disabled, to facilitate the distribution of orders among quali-
fied non-profit-making charitable agencies for the blind. The state
commissioner of education shall appoint a non-profit-making agency,
other than the agency representing the blind, to facilitate the distrib-
ution of orders among qualified non-profit-making charitable agencies
for the other severely disabled and the veterans' workshops. The
[state] commissioner of mental health shall facilitate the distribution
of orders among qualified special employment programs operated or
approved by the office of mental health serving mentally ill persons.
f. The commissioner may request the state comptroller to conduct
audits and examinations to be made of all records, books and data of any
agency for the blind or the other severely disabled, any special employ-
ment program for mentally ill persons or any veterans' workshops quali-
fied under this section to determine the costs of manufacture or the
rendering of services and the manner and efficiency of production and
administration of such agency or special employment program or veterans'
workshop with relation to any product or services purchased by a state
agency or political subdivision or public benefit corporation and to
furnish the results of such audit and examination to the commissioner
for such action as he or she may deem appropriate under this section.
7. Partnering with preferred sources. The commissioner of the appro-
priate appointing agency as identified in paragraph e of subdivision six
of this section, shall [conduct one or more pilot studies] REVIEW AND
APPROVE APPLICATIONS PROVIDED BY THE FACILITATING ENTITY whereby a
S. 5096--B 8
private vendor may be accorded preferred source status for purposes of
this section. [The pilot studies shall seek to ascertain the benefits of
partnerships between private industry and those entities accorded
preferred source status as specified in this section.] Preferred source
status under a partnering arrangement may only be accorded when a
proposal to a soliciting agency for commodities or services includes a
binding agreement with one or more of the NON-PROFIT-MAKING entities
accorded preferred source status [under] IDENTIFIED IN PARAGRAPH E OF
SUBDIVISION SIX OF this section. The binding agreement shall provide
that:
(i) The preferred source shall perform the majority of the work neces-
sary to such offering, and
(ii) The partnering proposal includes bona fide long term employment
opportunities for [persons who could otherwise be new] clients of an
entity previously accorded preferred source status [herein] PURSUANT TO
THIS SECTION, and
(iii) The partnering proposal offers the solicited services or commod-
ities at a price less than the price that otherwise would be charged by
[a] THE preferred source THAT IS A PARTY TO THE PARTNERSHIP APPLICATION,
OR
(IV) THE PARTNERING PROPOSAL ALLOWS THE PREFERRED SOURCE TO ENGAGE IN
AN APPROVED OFFERING THAT WOULD ALLOW FOR EMPLOYMENT OPPORTUNITIES THAT
WOULD NOT OTHERWISE BE ABLE TO PROVIDE ON ITS OWN.
8. [a. The commissioner of the appropriate appointing agency shall
report by December thirty-first, two thousand four, to the governor, the
chairperson of the senate finance committee, the chairperson of the
assembly ways and means committee and the director of the budget, the
results and findings of each pilot study conducted, pursuant to subdivi-
sion seven of this section, and include recommendations for improving
partnering with preferred sources.
b.] The council shall report to the governor, legislative fiscal
committees and the director of the budget by December thirty-first,
[nineteen hundred ninety-five and thereafter] annually, a separate list
concerning the denial of any application made pursuant to paragraph
[(b)] B of subdivision three of this section, the reasons for such
denial, whether such denial was appealed to the commissioner, and the
final decision by the commissioner on such application.
9. The provisions of this section shall supersede inconsistent
provisions of any general, special or local law, or the provisions of
any charter.
§ 3. This act shall take effect on the first of January next succeed-
ing the date on which it shall have become a law.
