S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2489
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 26, 2023
                                ___________
 
 Introduced  by  M.  of A. NORRIS, MORINELLO, MILLER, PALMESANO, SMULLEN,
   TAGUE, J. M. GIGLIO -- Multi-Sponsored by -- M. of A. DeSTEFANO, WALSH
   -- read once and referred to the Committee on Governmental 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-g  to
 read as follows:
   § 170-G. 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.
                                                            LBD02283-02-3
 A. 2489                             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 chapter 839 of the laws of 2022, 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. 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,
 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.    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.
 A. 2489                             3

   § 4. This act shall take effect on the one hundred eightieth day after
 it  shall have become a law. Effective immediately, the addition, amend-
 ment and/or repeal of any rule or regulation necessary for the implemen-
 tation of this act on its effective date are authorized to be  made  and
 completed on or before such effective date.