S T A T E O F N E W Y O R K
________________________________________________________________________
6809--A
2021-2022 Regular Sessions
I N S E N A T E
May 18, 2021
___________
Introduced by Sens. REICHLIN-MELNICK, BIAGGI, BORRELLO, GOUNARDES --
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 commit-
tee
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
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11386-04-2
S. 6809--A 2
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, 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
S. 6809--A 3
CONTRACT EXTENSION, CONSIDERATION SHALL BE GIVEN TO ANY COMPETITIVE
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.
S. 6809--A 4
§ 5. Subdivision 12 of section 373 of the education law is REPEALED
and a new subdivision 12 is added to read as follows:
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.
