S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3784
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 28, 2021
                                ___________
 
 Introduced  by M. of A. NORRIS, ASHBY, J. M. GIGLIO, MONTESANO, MORINEL-
   LO, B. MILLER, PALMESANO, SMULLEN -- Multi-Sponsored by --  M.  of  A.
   DeSTEFANO, WALSH -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to enacting the "state contract sunlight act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and may  be  cited  as  the  "state
 contract sunlight act".
   §  2.  The  executive  law is amended by adding a new section 170-c to
 read as follows:
   § 170-C. STATE CONTRACT PROJECT SUNLIGHT DATABASE.  1. THE COMPTROLLER
 SHALL ESTABLISH A STATE-WIDE DATABASE TO BE KNOWN AS THE STATE  CONTRACT
 PROJECT SUNLIGHT DATABASE.
   2.  (A)  BEFORE  ANY CONTRACT MADE FOR OR BY ANY DEPARTMENT, DIVISION,
 COMMISSION, AGENCY, AUTHORITY, BOARD OR ANY OTHER ENTITY  OF  THE  STATE
 SHALL  BE EXECUTED, OR BEFORE APPROVAL BY THE COMPTROLLER AND THE ATTOR-
 NEY GENERAL, IF REQUIRED PURSUANT TO THE STATE FINANCE LAW, THE  DEPART-
 MENT, DIVISION, COMMISSION, AGENCY, AUTHORITY, BOARD OR ANY OTHER ENTITY
 OF  THE  STATE AWARDING SUCH CONTRACT SHALL SUBMIT THE PROPOSED CONTRACT
 TO THE COMPTROLLER TO BE POSTED ON THE DATABASE FOR  PUBLIC  REVIEW  AND
 COMMENT AT LEAST FOURTEEN DAYS BEFORE SUCH CONTRACT SHALL BE APPROVED BY
 THE  COMPTROLLER  AND THE ATTORNEY GENERAL, IF REQUIRED, OR BE EXECUTED.
 SUCH PROPOSED CONTRACTS SHALL BE SUBMITTED ON A SCHEDULE AND IN A FORMAT
 DETERMINED BY THE COMPTROLLER.
   (B) EVERY DEPARTMENT, DIVISION, COMMISSION, AGENCY,  AUTHORITY,  BOARD
 OR  ANY OTHER ENTITY OF THE STATE SHALL SUBMIT ALL AWARDED CONTRACTS AND
 BIDS RELATED TO SUCH CONTRACTS TO THE COMPTROLLER TO BE  POSTED  ON  THE
 DATABASE ON A SCHEDULE AND IN A FORMAT DETERMINED BY THE COMPTROLLER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01738-01-1
              

 A. 3784                             2
 
   3.  (A) SUCH DATABASE SHALL BE AVAILABLE ONLINE FOR PUBLIC REVIEW IN A
 SEARCHABLE, DOWNLOADABLE FORMAT. SUCH DATABASE SHALL INCLUDE, BUT NOT BE
 LIMITED TO:
   (I)  ALL  PROPOSED  CONTRACTS  SUBMITTED  PURSUANT TO PARAGRAPH (A) OF
 SUBDIVISION TWO OF THIS SECTION;
   (II) DESCRIPTIONS OF REQUESTS FOR PROPOSALS AND CONTRACTS;
   (III) ALL BIDS FOR STATE CONTRACTS;
   (IV) AUTHORIZED CONTRACTS INCLUDING SPECIFIC REQUIREMENTS  UNDER  SUCH
 CONTRACTS INCLUDING JOB CREATION AND INVESTMENT AND CLAWBACK PROVISIONS;
   (V) CONTACT INFORMATION FOR ALL PARTIES TO THE CONTRACT;
   (VI) PROJECT TIMELINES;
   (VII) FUNDING SOURCES;
   (VIII) HISTORY OF EACH PROJECT;
   (IX) RETURN ON INVESTMENT TO THE STATE; AND
   (X)  ANY ADDITIONAL INFORMATION MADE AVAILABLE TO THE STATE AS PART OF
 THE BIDDING AND CONTRACTING PROCESS.
   (B) THE DATABASE SHALL BE IN A FORMAT THAT ALLOWS FOR  PUBLIC  COMMENT
 ON PROPOSED AND AWARDED CONTRACTS.
   4. THE COMPTROLLER SHALL DEVELOP, AFTER CONSULTATION WITH THE ENTITIES
 REQUIRED  TO  REPORT  UNDER  THIS  SECTION, A STANDARDIZED FORM FOR EACH
 DEPARTMENT, DIVISION, COMMISSION, AGENCY, AUTHORITY, BOARD AND ANY OTHER
 ENTITY OF THE STATE TO  COMPILE  THE  INFORMATION  REQUIRED  UNDER  THIS
 SECTION  AND SUBMIT SUCH INFORMATION TO THE COMPTROLLER FOR INCLUSION IN
 THE DATABASE.
   5. THE COMPTROLLER SHALL PROMULGATE ANY RULES AND  REGULATIONS  NECES-
 SARY  FOR  THE  IMPLEMENTATION  OF SUCH DATABASE ESTABLISHED PURSUANT TO
 THIS SECTION.
   § 3. Paragraph (a) of subdivision  2  of  section  112  of  the  state
 finance  law,  as  amended  by section 18 of part L of chapter 55 of the
 laws of 2012, is amended to read as follows:
   (a) Before any contract made for or by any state  agency,  department,
 board, officer, commission, or institution, except the office of general
 services,  shall be executed or become effective, whenever such contract
 exceeds fifty thousand dollars in amount and before  any  contract  made
 for  or  by  the  office of general services shall be executed or become
 effective, whenever such contract exceeds eighty-five  thousand  dollars
 in  amount,  it  shall first be approved by the comptroller and filed in
 his or her office, with the exception  of  contracts  established  as  a
 centralized contract through the office of general services and purchase
 orders  or  other procurement transactions issued under such centralized
 contracts. The comptroller shall make a final written determination with
 respect  to  approval  of  such  contract  within  ninety  days  of  the
 submission  of such contract to his or her office unless the comptroller
 shall notify, in writing, the state agency, department, board,  officer,
 commission,  or  institution,  prior to the expiration of the ninety day
 period, and for good cause, of the need for an  extension  of  not  more
 than  fifteen  days,  or  a  reasonable period of time agreed to by such
 state agency, department, board, officer, commission, or institution and
 provided, further, that such written determination or extension shall be
 made part of the procurement record pursuant to paragraph f of  subdivi-
 sion  one  of  section  one  hundred  sixty-three  of this chapter. UPON
 APPROVAL BY THE COMPTROLLER, THE CONTRACT  SHALL  BE  DELIVERED  TO  THE
 ATTORNEY GENERAL WHO SHALL WITHIN FIFTEEN DAYS OF RECEIPT EITHER APPROVE
 SUCH CONTRACT OR DISAPPROVE AND RETURN THE CONTRACT TO THE STATE AGENCY,
 DEPARTMENT,  BOARD,  OFFICER,  COMMISSION  OR  INSTITUTION  WITH REASONS
 THEREFOR.

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   § 4. This act shall take effect on the one hundred eightieth day after
 it shall have become a law; provided, however, that effective immediate-
 ly, the addition, amendment and/or repeal  of  any  rule  or  regulation
 necessary  for  the implementation of this act on its effective date are
 authorized  and  directed  to  be  made  and completed on or before such
 effective date.