S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7531
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 25, 2023
                                ___________
 
 Introduced by M. of A. ZINERMAN -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN ACT to amend the state finance law, in relation to the not-for-profit
   contracting advisory committee
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Section 179-aa of the state  finance  law,  as  amended  by
 chapter 672 of the laws of 2019, is amended to read as follows:
   §  179-aa.  Advisory  committee. 1. There is hereby established a not-
 for-profit contracting advisory committee. [The] SUCH advisory committee
 shall consist of [sixteen members which shall  include  eight  appointed
 members,  four  to]  SEVEN MEMBERS, THREE OF WHICH SHALL be appointed by
 the governor [who], EACH OF WHOM shall be  representatives  of  not-for-
 profit organizations providing services in the state, [and two] ONE each
 to  be  appointed  by  the governor upon recommendation of the temporary
 president of the senate and speaker of the  assembly,  [and  eight]  THE
 CHAIR  OF  THE  SENATE  COMMITTEE ON PROCUREMENTS AND CONTRACTS, AND THE
 CHAIR OF THE ASSEMBLY COMMITTEE ON GOVERNMENTAL OPERATIONS. SUCH MEMBERS
 SHALL BE APPOINTED ON STAGGERED TERMS TO ENSURE CONTINUITY AND KNOWLEDGE
 SHARING. EIGHT ADDITIONAL NON-VOTING MEMBERS SHALL BE  APPOINTED  AS  ex
 officio members of the committee, [one each] designated from THE FOLLOW-
 ING  ENTITIES,  the  division  of the budget, the department of law, the
 office of the state  comptroller,  and  the  education  department.  The
 governor  [shall]  MAY  also  designate AN ADDITIONAL four NON-VOTING EX
 OFFICIO members from [among] ANY OF  the  following  agencies,  PROVIDED
 ONLY  ONE  SHALL  BE DESIGNATED PER AGENCY: the department of state, the
 office of children and family services,  the  office  of  temporary  and
 disability  assistance,  the  department of health, the office of mental
 hygiene, the office for people with developmental disabilities, and  the
 department of labor.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10477-01-3
 A. 7531                             2
              

 
   2.  The governor shall designate an appointee to serve as chair of the
 committee.
   3.  The advisory committee shall meet at least quarterly [and upon its
 own initiative may: comment and] EACH CALENDAR YEAR. SUCH  COMMITTEE  IS
 AUTHORIZED  TO  PROMULGATE  BY-LAWS THEY SEE FIT IN ACCORDANCE WITH THIS
 SECTION.
    4. (A) THE ADVISORY COMMITTEE SHALL PERFORM THE FOLLOWING FUNCTIONS:
   (I) INDEPENDENTLY ADVISE THE  GOVERNOR,  THE  LEGISLATURE,  THE  COMP-
 TROLLER  AND  STATE AGENCIES ON THE IMPLEMENTATION AND OPERATION OF THIS
 ARTICLE, AND PROVIDE EXPERT COMMENT, IF REQUESTED BY SUCH ON THE  IMPLE-
 MENTATION  AND OPERATION OF THE PROVISIONS CONTAINED WITHIN THIS ARTICLE
 AND ISSUE AN ANNUAL REPORT ON SUCH, WHICH SHALL BE MADE PUBLICLY  ACCES-
 SIBLE;
   (II)  COMMENT,  MONITOR AND report on the implementation and operation
 of the not-for-profit short-term revolving loan fund[; advise the gover-
 nor, comptroller and state agencies on the implementation and  operation
 of  this  article; evaluate the benefits of requiring all state agencies
 to use standard contract language  and  the  extent  to  which  standard
 language  may  be  effectively included in contracts with not-for-profit
 organizations; review annually the report of the  office  of  the  state
 comptroller made pursuant to section one hundred seventy-nine-bb of this
 article;  and propose any legislation they deem necessary to improve the
 fund and this article. The committee shall], AS PROVIDED FOR IN  SECTION
 ONE HUNDRED SEVENTY-NINE-Z OF THIS ARTICLE;
   (III)  REGULARLY REVIEW AND REPORT ON STATE AGENCY COMPLIANCE WITH THE
 STATUTORY TIMELINES SPECIFIED IN SECTION ONE HUNDRED  SEVENTY-NINE-S  OF
 THIS ARTICLE;
   (IV)  PERIODICALLY  REVIEW  AND REPORT ON THE USE OF THE STATE'S GRANT
 MANAGEMENT SYSTEM BY  CONTRACTING  AGENCIES  OR  ANY  OTHER  CENTRALIZED
 SYSTEMS THAT MAY BE INTRODUCED FROM TIME TO TIME TO STREAMLINE AGENCIES'
 WORK;
   (V) REVIEW ANNUALLY AND PROVIDE COMMENT ON THE REPORT BY THE OFFICE OF
 THE STATE COMPTROLLER MADE PURSUANT TO SECTION ONE HUNDRED SEVENTY-NINE-
 BB OF THIS ARTICLE;
   (VI) RECEIVE, AND IF NECESSARY INVITE, FEEDBACK FROM STATE AGENCIES ON
 HOW THE PROCESS OF PROCUREMENT, CONTRACTING, AND VETTING OF NOT-FOR-PRO-
 FIT  ORGANIZATIONS  CAN BE IMPROVED, MAKE THE NECESSARY RECOMMENDATIONS,
 AND ENSURE IMPLEMENTATION OF SUCH RECOMMENDATIONS;
   (VII) ISSUE ANY RECOMMENDATIONS DEEMED NECESSARY OR HELPFUL TO  ENSURE
 SUCH COMMITTEE IS EFFECTIVELY OPERATIONAL TO THE GOVERNOR AND THE LEGIS-
 LATURE; AND
   (VIII) report to the governor and the legislature with recommendations
 on  improving  the  contracting procedures with not-for-profit organiza-
 tions which receive state funds  through  the  intermediary  of  munici-
 palities.
   (B) Such reports shall be due annually not later than December first.
   5. IF THE ADVISORY COMMITTEE IS FOUND NOT TO BE IN COMPLIANCE WITH ANY
 OF  THE PROVISIONS OF THIS SECTION, THE GOVERNOR MAY, UPON MOTION BY ANY
 MEMBER OF THE LEGISLATURE, THE CHAIR OF THE ADVISORY  COMMITTEE,  OR  BY
 THE  GOVERNOR'S  OWN  INITIATIVE,  DISSOLVE  SUCH ADVISORY COMMITTEE AND
 REAPPOINT THE ADVISORY COMMITTEE WITH NEW MEMBERS PURSUANT  TO  SUBDIVI-
 SION  ONE  OF  THIS  SECTION, PROVIDED, HOWEVER, THE CHAIR OF THE SENATE
 COMMITTEE ON PROCUREMENTS AND CONTRACTS, AND THE CHAIR OF  THE  ASSEMBLY
 COMMITTEE ON GOVERNMENTAL OPERATIONS SHALL REMAIN.
   §  2.  This  act shall take effect on the ninetieth day after it shall
 have become a law.