S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7925--A
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2021
                                ___________
 
 Introduced  by  M.  of A. ZEBROWSKI, McDONALD, ABINANTI -- 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

 AN ACT to amend the state finance law and the education law, in relation
   to restoring oversight of certain contracts by the comptroller; and to
   repeal certain provisions of the education law relating thereto
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Paragraph (a) of subdivision 2 of section 112 of the state
 finance law, as amended by chapter 257 of the laws of 2021,  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 or its customer agencies serviced  by  the  office  of  general
 services  business  services  center, shall be executed or become effec-
 tive, whenever such contract exceeds fifty thousand  dollars  in  amount
 and  before  any contract made for or by the office of general services,
 whether for itself or for its customer agencies serviced by  the  office
 of  general  services  business  services  center,  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]. PROVIDED,  HOWEVER,  THAT  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,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11386-05-2
              

 A. 7925--A                          2
 
 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, offi-
 cer, 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  subdivision  one  of  section  one  hundred
 sixty-three of this chapter.
   § 2. Subdivision 5 of section 355 of the education law is REPEALED and
 a new subdivision 5 is added to read as follows:
   5.  NOTWITHSTANDING  THE  PROVISIONS OF SUBDIVISION TWO OF SECTION ONE
 HUNDRED TWELVE AND SECTIONS ONE HUNDRED FIFTEEN, ONE HUNDRED  SIXTY-ONE,
 AND  ONE  HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND SECTION THREE
 OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW OR ANY OTHER LAW
 TO THE CONTRARY,  THE  STATE  UNIVERSITY  TRUSTEES  ARE  AUTHORIZED  AND
 EMPOWERED TO:
   A.   (I)   PURCHASE   MATERIALS,  PROPRIETARY  ELECTRONIC  INFORMATION
 RESOURCES INCLUDING BUT  NOT  LIMITED  TO  ACADEMIC,  PROFESSIONAL,  AND
 INDUSTRY  JOURNALS,  REFERENCE  HANDBOOKS AND MANUALS, RESEARCH TRACKING
 TOOLS, INDEXES AND ABSTRACTS EQUIPMENT AND SUPPLIES, INCLUDING  COMPUTER
 EQUIPMENT  AND  MOTOR  VEHICLES,  WHERE THE AMOUNT FOR A SINGLE PURCHASE
 DOES NOT EXCEED FIFTY  THOUSAND  DOLLARS,  (II)  EXECUTE  CONTRACTS  FOR
 SERVICES  AND  CONSTRUCTION  CONTRACTS  TO AN AMOUNT NOT EXCEEDING FIFTY
 THOUSAND DOLLARS, AND (III) CONTRACT  FOR  PRINTING  TO  AN  AMOUNT  NOT
 EXCEEDING  FIFTY  THOUSAND  DOLLARS, WITHOUT PRIOR APPROVAL BY ANY OTHER
 STATE OFFICER OR AGENCY, BUT SUBJECT TO RULES  AND  REGULATIONS  OF  THE
 STATE COMPTROLLER NOT OTHERWISE INCONSISTENT WITH THE PROVISIONS OF THIS
 SECTION  AND  IN ACCORDANCE WITH THE GUIDELINES PROMULGATED BY THE STATE
 UNIVERSITY BOARD OF TRUSTEES AFTER CONSULTATION  WITH  THE  STATE  COMP-
 TROLLER.  IN ADDITION, THE TRUSTEES, AFTER CONSULTATION WITH THE COMMIS-
 SIONER OF GENERAL SERVICES, ARE AUTHORIZED TO  ANNUALLY  NEGOTIATE  WITH
 THE  STATE COMPTROLLER INCREASES IN THE AFOREMENTIONED DOLLAR LIMITS AND
 THE EXEMPTION OF ANY ARTICLES,  CATEGORIES  OF  ARTICLES,  SERVICES,  OR
 COMMODITIES FROM THESE LIMITS;
   B. ESTABLISH CASH ADVANCE ACCOUNTS FOR THE PURPOSE OF PURCHASING MATE-
 RIALS,  SUPPLIES, OR SERVICES, FOR CASH ADVANCES FOR TRAVEL EXPENSES AND
 PER DIEM ALLOWANCES, OR FOR ADVANCE PAYMENT OF  WAGES  AND  SALARY.  THE
 ACCOUNT  MAY  BE  USED TO PURCHASE SUCH MATERIALS, SUPPLIES, OR SERVICES
 WHERE THE AMOUNT OF A SINGLE  PURCHASE  DOES  NOT  EXCEED  ONE  THOUSAND
 DOLLARS,  IN  ACCORDANCE  WITH SUCH GUIDELINES AS SHALL BE PRESCRIBED BY
 THE STATE UNIVERSITY TRUSTEES AFTER CONSULTATION WITH  THE  STATE  COMP-
 TROLLER;
   C.  ESTABLISH  GUIDELINES  IN  CONSULTATION  WITH  THE COMMISSIONER OF
 GENERAL SERVICES AUTHORIZING PARTICIPATION BY THE  STATE  UNIVERSITY  IN
 PROGRAMS ADMINISTERED BY THE OFFICE OF GENERAL SERVICES FOR THE PURCHASE
 OF  AVAILABLE  NEW YORK STATE FOOD PRODUCTS. THE COMMISSIONER OF GENERAL
 SERVICES SHALL PROVIDE ASSISTANCE TO THE STATE UNIVERSITY  NECESSARY  TO
 ENABLE THE UNIVERSITY TO PARTICIPATE IN THESE PROGRAMS; AND
   D. AWARD CONTRACT EXTENSIONS FOR CAMPUS TRANSPORTATION WITHOUT COMPET-
 ITIVE  BIDDING  WHERE SUCH CONTRACTS WERE SECURED EITHER THROUGH COMPET-
 ITIVE BIDDING OR THROUGH EVALUATION OF PROPOSALS HOWEVER SUCH EXTENSIONS
 MAY BE REJECTED IF THE AMOUNT TO BE PAID TO THE CONTRACTOR IN  ANY  YEAR
 OF SUCH PROPOSED EXTENSION FAILS TO REFLECT ANY DECREASE IN THE REGIONAL
 CONSUMER PRICE INDEX FOR THE NEW YORK, NEW YORK-NORTHEASTERN, NEW JERSEY
 AREA,  BASED  UPON  THE  CONSUMER  PRICE  INDEX  FOR ALL URBAN CONSUMERS
 (CPI-U) DURING THE PRECEDING TWELVE-MONTH PERIOD. AT  THE  TIME  OF  ANY
 CONTRACT  EXTENSION,  CONSIDERATION  SHALL  BE  GIVEN TO ANY COMPETITIVE
 A. 7925--A                          3
 
 PROPOSAL OFFERED BY A PUBLIC TRANSPORTATION AGENCY. SUCH CONTRACT MAY BE
 INCREASED FOR EACH YEAR OF THE CONTRACT EXTENSION BY AN  AMOUNT  NOT  TO
 EXCEED  THE REGIONAL CONSUMER PRICE INDEX INCREASE FOR THE NEW YORK, NEW
 YORK-NORTHEASTERN,  NEW JERSEY AREA, BASED UPON THE CONSUMER PRICE INDEX
 FOR ALL URBAN CONSUMERS (CPI-U), DURING THE PRECEDING TWELVE-MONTH PERI-
 OD, PROVIDED IT HAS BEEN SATISFACTORILY ESTABLISHED  BY  THE  CONTRACTOR
 THAT THERE HAS BEEN AT LEAST AN EQUIVALENT INCREASE IN THE AMOUNT OF HIS
 COST OF OPERATION, DURING THE PERIOD OF THE CONTRACT.
   GUIDELINES  PROMULGATED  BY  THE  STATE  UNIVERSITY  BOARD OF TRUSTEES
 SHALL, TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS  BE
 SOLICITED  FOR  PURCHASES, AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES
 AND CONTRACTS AUTHORIZED UNDER THIS SECTION BE AT THE  LOWEST  AVAILABLE
 PRICE,  INCLUDING  CONSIDERATION OF PRICES AVAILABLE THROUGH OTHER STATE
 AGENCIES, CONSISTENT WITH QUALITY REQUIREMENTS, AND AS WILL BEST PROMOTE
 THE PUBLIC INTEREST. SUCH  PURCHASES  MAY  BE  MADE  DIRECTLY  FROM  ANY
 CONTRACTOR PURSUANT TO ANY CONTRACT FOR COMMODITIES LET BY THE OFFICE OF
 GENERAL SERVICES OR ANY OTHER STATE AGENCY.
   § 3. Subdivision 6 of section 355 of the education law is REPEALED and
 a new subdivision 6 is added to read as follows:
   6.  TO ENTER INTO ANY CONTRACT OR AGREEMENT DEEMED NECESSARY OR ADVIS-
 ABLE AFTER CONSULTATION WITH APPROPRIATE STATE AGENCIES FOR CARRYING OUT
 THE OBJECTS AND PURPOSES OF THE STATE UNIVERSITY WITHOUT PRIOR REVIEW OR
 APPROVAL BY ANY STATE OFFICER OR AGENCY OTHER THAN THE STATE COMPTROLLER
 AND THE ATTORNEY GENERAL  INCLUDING  CONTRACTS  WITH  NON-PROFIT  CORPO-
 RATIONS  ORGANIZED  BY  OFFICERS,  EMPLOYEES,  ALUMNI OR STUDENTS OF THE
 STATE UNIVERSITY FOR  THE  FURTHERANCE  OF  ITS  OBJECTS  AND  PURPOSES.
 CONTRACTS  OR  AGREEMENTS  ENTERED  INTO  WITH THE FEDERAL GOVERNMENT TO
 ENABLE PARTICIPATION IN FEDERAL STUDENT LOAN PROGRAMS, INCLUDING ANY AND
 ALL INSTRUMENTS  REQUIRED  THEREUNDER,  SHALL  NOT  BE  SUBJECT  TO  THE
 REQUIREMENTS  OF  SECTION  FORTY-ONE OF THE STATE FINANCE LAW; PROVIDED,
 HOWEVER, THAT THE STATE SHALL NOT BE  LIABLE  FOR  ANY  PORTION  OF  ANY
 DEFAULTS WHICH IT HAS AGREED TO ASSUME PURSUANT TO ANY SUCH AGREEMENT IN
 AN  AMOUNT  IN EXCESS OF MONEY APPROPRIATED OR OTHERWISE LAWFULLY AVAIL-
 ABLE THEREFOR AT THE TIME THE LIABILITY FOR PAYMENT ARISES.
   § 4. Paragraph b of subdivision 16 of section 355 of the education law
 is REPEALED and a new paragraph b is added to read as follows:
   B. (I) NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION  TWO  OF  SECTION
 ONE  HUNDRED  TWELVE  OF  THE  STATE  FINANCE LAW RELATING TO THE DOLLAR
 THRESHOLD REQUIRING THE COMPTROLLER'S APPROVAL OF CONTRACTS AND SUBDIVI-
 SION SIX OF SECTION ONE HUNDRED SIXTY-THREE OF THE  STATE  FINANCE  LAW,
 AUTHORIZE  CONTRACTS  FOR  THE  PURCHASE OF GOODS AND SERVICES FOR STATE
 UNIVERSITY HEALTH CARE FACILITIES:
   (A) FOR ANY CONTRACT  WHICH  DOES  NOT  EXCEED  SEVENTY-FIVE  THOUSAND
 DOLLARS; OR
   (B)  FOR  JOINT  OR  GROUP PURCHASING ARRANGEMENTS WHICH DO NOT EXCEED
 SEVENTY-FIVE THOUSAND DOLLARS WITHOUT PRIOR APPROVAL BY ANY OTHER  STATE
 OFFICER  OR  AGENCY IN ACCORDANCE WITH PROCEDURES AND REQUIREMENTS FOUND
 IN PARAGRAPH A OF SUBDIVISION FIVE OF THIS SECTION.
   (II) CONTRACTS AUTHORIZED HEREUNDER SHALL BE SUBJECT TO ARTICLE  FOUR-
 TEEN  OF  THE  CIVIL SERVICE LAW AND THE APPLICABLE PROVISIONS OF AGREE-
 MENTS BETWEEN THE STATE AND EMPLOYEE ORGANIZATIONS PURSUANT  TO  ARTICLE
 FOURTEEN  OF THE CIVIL SERVICE LAW. THE TRUSTEES ARE AUTHORIZED TO NEGO-
 TIATE ANNUALLY WITH THE STATE COMPTROLLER  INCREASES  IN  THE  AFOREMEN-
 TIONED DOLLAR LIMITS.
   §  5.  Subdivision  12 of section 373 of the education law is REPEALED
 and a new subdivision 12 is added to read as follows:
 A. 7925--A                          4
 
   12. TO MAKE AND EXECUTE CONTRACTS, LEASE  AGREEMENTS,  AND  ALL  OTHER
 INSTRUMENTS  NECESSARY  OR  CONVENIENT FOR THE EXERCISE OF ITS CORPORATE
 POWERS AND THE FULFILLMENT OF ITS CORPORATE PURPOSES UNDER THIS ARTICLE;
   §  6.  Subdivision  a of section 6218 of the education law is REPEALED
 and a new subdivision a is added to read as follows:
   A. NOTWITHSTANDING THE PROVISIONS OF SUBDIVISION TWO  OF  SECTION  ONE
 HUNDRED  TWELVE  AND SECTIONS ONE HUNDRED FIFTEEN, ONE HUNDRED SIXTY-ONE
 AND ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND  SECTION  THREE
 OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW OR ANY OTHER LAW
 TO  THE  CONTRARY,  THE  CITY  UNIVERSITY  TRUSTEES  ARE  AUTHORIZED AND
 EMPOWERED TO:
   (I) PURCHASE MATERIALS; PROPRIETARY ELECTRONIC INFORMATION  RESOURCES,
 INCLUDING, BUT NOT LIMITED TO, ACADEMIC, PROFESSIONAL AND INDUSTRY JOUR-
 NALS,  REFERENCE HANDBOOKS AND MANUALS, RESEARCH TRACKING TOOLS, INDEXES
 AND ABSTRACTS; AND EQUIPMENT AND SUPPLIES, INCLUDING COMPUTER  EQUIPMENT
 AND  MOTOR  VEHICLES,  WHERE  THE  AMOUNT FOR A SINGLE PURCHASE DOES NOT
 EXCEED FIFTY THOUSAND DOLLARS, (II) EXECUTE CONTRACTS FOR SERVICES TO AN
 AMOUNT NOT EXCEEDING FIFTY THOUSAND  DOLLARS,  AND  (III)  CONTRACT  FOR
 PRINTING  TO  AN  AMOUNT  NOT  EXCEEDING FIFTY THOUSAND DOLLARS, WITHOUT
 PRIOR APPROVAL BY ANY OTHER STATE OFFICER  OR  AGENCY,  BUT  SUBJECT  TO
 RULES  AND REGULATIONS OF THE STATE COMPTROLLER NOT OTHERWISE INCONSIST-
 ENT WITH THE PROVISIONS OF THIS  SECTION  AND  IN  ACCORDANCE  WITH  THE
 GUIDELINES  PROMULGATED  BY  THE CITY UNIVERSITY BOARD OF TRUSTEES AFTER
 CONSULTATION WITH THE STATE COMPTROLLER. IN ADDITION, THE  TRUSTEES  ARE
 AUTHORIZED TO ANNUALLY NEGOTIATE WITH THE STATE COMPTROLLER INCREASES IN
 THE  AFOREMENTIONED  DOLLAR  LIMITS  AND  THE EXEMPTION OF ANY ARTICLES,
 CATEGORIES OF ARTICLES, SERVICES,  OR  COMMODITIES  FROM  THESE  LIMITS.
 GUIDELINES  PROMULGATED  BY THE CITY UNIVERSITY BOARD OF TRUSTEES SHALL,
 TO THE EXTENT PRACTICABLE, REQUIRE THAT COMPETITIVE PROPOSALS BE  SOLIC-
 ITED  FOR  PURCHASES,  AND SHALL INCLUDE REQUIREMENTS THAT PURCHASES AND
 CONTRACTS AUTHORIZED UNDER THIS  SECTION  BE  AT  THE  LOWEST  AVAILABLE
 PRICE.
   § 7. Subdivision a-1 of section 6218 of the education law is REPEALED.
   § 8. Section 6283 of the education law is REPEALED.
   § 9. This act shall take effect immediately.