S T A T E   O F   N E W   Y O R K
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                                  1549

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 10, 2011
                               ___________

Introduced  by  M.  of  A.  NOLAN,  MILLMAN, JACOBS, O'DONNELL, PERRY --
  Multi-Sponsored by -- M.  of A. COOK, GLICK, GOTTFRIED, MARKEY,  PHEF-
  FER,  WEISENBERG  -- read once and referred to the Committee on Educa-
  tion

AN ACT to amend the education law and the  public  authorities  law,  in
  relation  to  procurement by the board of education of the city school
  district of the city of New York and  by  the  New  York  city  school
  construction authority; and to repeal subdivision 36 of section 2590-h
  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. Subdivision 36 of section 2590-h of the  education  law  is
REPEALED and a new subdivision 36 is added to read as follows:
  36.  (A)  NOTWITHSTANDING ANY OTHER PROVISIONS OF LAW, ENSURE THAT ALL
CONTRACTS OR AGREEMENTS INVOLVING THE PURCHASE OR DELIVERY  OF  MATERIAL
GOODS,  SUPPLIES,  AND SERVICES BY OR TO THE CHANCELLOR, THE SUPERINTEN-
DENTS OR THE SCHOOLS, INCLUDING ANY FRANCHISE OR CONCESSION  AGREEMENTS,
REGARDLESS  OF  THE SOURCE OF FUNDS, ARE ENTERED INTO IN ACCORDANCE WITH
THE PROVISIONS OF CHAPTERS THIRTEEN AND FOURTEEN OF THE  NEW  YORK  CITY
CHARTER,  THE RULES OF THE NEW YORK CITY PROCUREMENT POLICY BOARD AND OF
THE NEW YORK CITY FRANCHISE CONCESSION AND  REVIEW  COMMITTEE.  NO  SUCH
CONTRACT  OR  AGREEMENT SHALL BE IMPLEMENTED UNTIL IT HAS BEEN FILED AND
REGISTERED BY THE COMPTROLLER PURSUANT TO CHAPTERS FIVE AND THIRTEEN  OF
THE  NEW  YORK  CITY  CHARTER. FOR THE PURPOSES OF THIS SUBDIVISION, THE
TERMS "CONTRACT" OR "AGREEMENT" SHALL INCLUDE ANY CONTRACT THAT DIRECTLY
OR INDIRECTLY BENEFITS THE CITY  DISTRICT,  INCLUDING  ANY  CONTRACT  OR
OTHER  INSTRUMENT  IN WHICH THE CITY, CITY BOARD, OR ANY OF ITS OFFICERS
AGREES TO GIVE OR RECEIVE A CONSIDERATION  OTHER  THAN  THE  PAYMENT  OF
MONEY;

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05586-01-1

A. 1549                             2
              

  (B)  ESTABLISH  STANDARDS  FOR  QUALITY,  FUNCTION, AND UTILITY OF ALL
MATERIAL GOODS, SUPPLIES, AND  SERVICES  PURCHASED  BY  THE  CHANCELLOR,
SUPERINTENDENTS, OR SCHOOLS; AND
  (C) PROMULGATE REGULATIONS WHICH ENABLE SUPERINTENDENTS AND SCHOOLS TO
PURCHASE MATERIAL GOODS, SUPPLIES, AND SERVICES DIRECTLY FROM VENDORS OR
SUPPLIERS WHEN SUCH PRODUCTS ARE AVAILABLE AT PRICES OR OTHER TERMS MORE
ECONOMICALLY BENEFICIAL FOR THE PURPOSES OF THE ACQUIRING SUPERINTENDENT
OR  SCHOOL.  SUCH  REGULATIONS  SHALL  ALSO  INCLUDE REPAIR SERVICES AND
BUILDING SUPPLIES, AS DEFINED IN SUCH REGULATIONS, FOR EXPENDITURES FROM
EACH DISTRICT'S MINOR REPAIR AND PURCHASING FUNDS  PURSUANT  TO  SECTION
TWENTY-FIVE HUNDRED NINETY-R OF THIS ARTICLE.
  S  2.  Paragraph  b  of  subdivision  1  of section 1734 of the public
authorities law, as added by chapter 738 of the laws of 1988, is amended
to read as follows:
  b. The authority shall be subject to the  provisions  of  section  one
hundred  one of the general municipal law AND TO THE PROVISIONS OF CHAP-
TERS THIRTEEN AND FOURTEEN OF THE NEW YORK CITY CHARTER AND THE RULES OF
THE NEW YORK CITY PROCUREMENT POLICY BOARD AND  OF  THE  NEW  YORK  CITY
FRANCHISE  AND  CONCESSION  REVIEW  COMMITTEE.  NO CONTRACT OR AGREEMENT
AWARDED PURSUANT TO THIS SECTION SHALL BE IMPLEMENTED UNTIL IT HAS  BEEN
FILED  AND  REGISTERED  BY THE COMPTROLLER PURSUANT TO CHAPTERS FIVE AND
THIRTEEN OF THE NEW YORK CITY CHARTER.
  S 3. This act shall take effect immediately  provided,  however,  that
the amendment to section 2590-h of the education law made by section one
of  this  act  shall  not  affect  the  expiration and reversion of such
section and shall be deemed to expire therewith.