S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10260
 
                           I N  A S S E M B L Y
 
                               May 13, 2022
                                ___________
 
 Introduced  by  COMMITTEE  ON RULES -- (at request of M. of A. Smith) --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the state finance law, the general  municipal  law,  the
   public  authorities law and the retirement and social security law, in
   relation to Russia divestment
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  state finance law is amended by adding a new section
 165-b to read as follows:
   § 165-B. RUSSIA DIVESTMENT. 1. AS USED IN THIS SECTION, THE  FOLLOWING
 DEFINITIONS SHALL APPLY:
   (A) "ENERGY SECTOR" OF RUSSIA MEANS ACTIVITIES TO DEVELOP PETROLEUM OR
 NATURAL GAS RESOURCES OR NUCLEAR POWER IN RUSSIA.
   (B) "FINANCIAL INSTITUTION" MEANS:
   (1) A BANKING ORGANIZATION AS DEFINED IN SUBDIVISION ELEVEN OF SECTION
 TWO OF THE BANKING LAW;
   (2) A SECURITIES FIRM, INCLUDING A BROKER OR DEALER;
   (3)  ANY  INSURANCE  COMPANY, INCLUDING ANY COMPANY, AGENT, BROKER, OR
 UNDERWRITER, LICENSED  OR  REGULATED  BY  THE  DEPARTMENT  OF  FINANCIAL
 SERVICES PURSUANT TO THE INSURANCE LAW; AND/OR
   (4)  ANY OTHER COMPANY THAT PROVIDES A FINANCIAL PRODUCT OR SERVICE AS
 DEFINED IN SUBDIVISION TWO OF SECTION ONE HUNDRED FOUR OF THE  FINANCIAL
 SERVICES LAW.
   (C)  "INVESTMENT" MEANS A COMMITMENT OR CONTRIBUTION OF FUNDS OR PROP-
 ERTY, A LOAN OR OTHER EXTENSION OF CREDIT; AND THE ENTRY INTO OR RENEWAL
 OF A CONTRACT FOR GOODS OR SERVICES.
   (D) "RUSSIA" INCLUDES THE GOVERNMENT  OF  RUSSIA  AND  ANY  AGENCY  OR
 INSTRUMENTALITY OF RUSSIA.
   (E) "PERSON" MEANS ANY OF THE FOLLOWING:
   (1) A NATURAL PERSON, CORPORATION, COMPANY, LIMITED LIABILITY COMPANY,
 BUSINESS  ASSOCIATION, PARTNERSHIP, SOCIETY, TRUST, OR ANY OTHER NONGOV-
 ERNMENTAL ENTITY, ORGANIZATION, OR GROUP.
   (2) ANY  GOVERNMENTAL  ENTITY  OR  INSTRUMENTALITY  OF  A  GOVERNMENT,
 INCLUDING  A MULTILATERAL DEVELOPMENT INSTITUTION, AS DEFINED IN SECTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD14857-01-2
 A. 10260                            2
 
 1701(C)(3) OF THE INTERNATIONAL FINANCIAL INSTITUTIONS  ACT  (22  U.S.C.
 262R(C)(3)).
   (3)  ANY  SUCCESSOR,  SUBUNIT, PARENT ENTITY, OR SUBSIDIARY OF, OR ANY
 ENTITY UNDER COMMON OWNERSHIP OR CONTROL WITH, ANY ENTITY  DESCRIBED  IN
 SUBPARAGRAPH ONE OR TWO OF THIS PARAGRAPH.
   2. FOR PURPOSES OF THIS SECTION, A PERSON ENGAGES IN INVESTMENT ACTIV-
 ITIES IN RUSSIA IF:
   (A) THE PERSON PROVIDES GOODS OR SERVICES OF TWENTY MILLION DOLLARS OR
 MORE  IN  THE  ENERGY SECTOR OF RUSSIA, INCLUDING A PERSON THAT PROVIDES
 OIL OR LIQUEFIED NATURAL GAS TANKERS, OR PRODUCTS USED TO  CONSTRUCT  OR
 MAINTAIN  PIPELINES  USED TO TRANSPORT OIL OR LIQUEFIED NATURAL GAS, FOR
 THE ENERGY SECTOR OF RUSSIA; OR
   (B) THE PERSON IS A FINANCIAL INSTITUTION THAT EXTENDS TWENTY  MILLION
 DOLLARS  OR  MORE  IN  CREDIT  TO ANOTHER PERSON, FOR FORTY-FIVE DAYS OR
 MORE, IF THAT PERSON WILL USE THE CREDIT TO PROVIDE GOODS OR SERVICES IN
 THE ENERGY SECTOR IN RUSSIA AND IS IDENTIFIED ON A LIST CREATED PURSUANT
 TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS SECTION AS A PERSON ENGAG-
 ING IN INVESTMENT ACTIVITIES IN RUSSIA AS DESCRIBED IN PARAGRAPH (A)  OF
 THIS SUBDIVISION.
   3. (A) A PERSON THAT IS IDENTIFIED ON A LIST CREATED PURSUANT TO PARA-
 GRAPH  (B) OF THIS SUBDIVISION AS A PERSON ENGAGING IN INVESTMENT ACTIV-
 ITIES IN RUSSIA AS DESCRIBED IN SUBDIVISION TWO OF THIS  SECTION,  SHALL
 NOT  BE  DEEMED  A  RESPONSIVE BIDDER OR OFFERER PURSUANT TO SECTION ONE
 HUNDRED SIXTY-THREE OF THIS ARTICLE.
   (B) (1) NOT LATER THAN ONE HUNDRED TWENTY  DAYS  AFTER  THE  EFFECTIVE
 DATE  OF  THIS  SECTION,  THE  COMMISSIONER SHALL DEVELOP OR CONTRACT TO
 DEVELOP, USING CREDIBLE INFORMATION AVAILABLE TO THE PUBLIC, A  LIST  OF
 PERSONS  IT  DETERMINES  ENGAGE  IN  INVESTMENT  ACTIVITIES IN RUSSIA AS
 DESCRIBED IN SUBDIVISION TWO OF THIS SECTION. IF  THE  COMMISSIONER  HAS
 CONTRACTED  TO DEVELOP THE LIST, THE LIST SHALL BE FINALLY DEVELOPED NOT
 LATER THAN ONE HUNDRED TWENTY DAYS AFTER THIS SECTION SHALL TAKE EFFECT.
 SUCH LIST, WHEN COMPLETED, SHALL BE POSTED ON THE WEBSITE OF THE  OFFICE
 OF GENERAL SERVICES.
   (2)  THE  COMMISSIONER  SHALL UPDATE THE LIST EVERY ONE HUNDRED EIGHTY
 DAYS.
   (3) BEFORE FINALIZING AN INITIAL LIST PURSUANT TO SUBPARAGRAPH ONE  OF
 THIS  PARAGRAPH  OR AN UPDATED LIST PURSUANT TO SUBPARAGRAPH TWO OF THIS
 PARAGRAPH, THE COMMISSIONER SHALL DO  ALL  OF  THE  FOLLOWING  BEFORE  A
 PERSON IS INCLUDED ON THE LIST:
   (A)  PROVIDE  NINETY DAYS' WRITTEN NOTICE OF THE COMMISSIONER'S INTENT
 TO INCLUDE THE PERSON ON THE LIST.  THE NOTICE SHALL INFORM  THE  PERSON
 THAT INCLUSION ON THE LIST WOULD MAKE THE PERSON A NON-RESPONSIVE BIDDER
 OR  OFFERER.  THE NOTICE SHALL SPECIFY THAT THE PERSON, IF IT CEASES ITS
 ENGAGEMENT IN INVESTMENT ACTIVITIES IN RUSSIA AS DESCRIBED  IN  SUBDIVI-
 SION TWO OF THIS SECTION, MAY BE REMOVED FROM THE LIST.
   (B)  THE  COMMISSIONER  SHALL  PROVIDE A PERSON WITH AN OPPORTUNITY TO
 COMMENT IN WRITING THAT IT IS NOT ENGAGED IN  INVESTMENT  ACTIVITIES  IN
 RUSSIA.  IF  THE PERSON DEMONSTRATES TO THE COMMISSIONER THAT THE PERSON
 IS NOT ENGAGED IN INVESTMENT ACTIVITIES IN RUSSIA AS DESCRIBED IN SUBDI-
 VISION TWO OF THIS SECTION, THE PERSON SHALL  NOT  BE  INCLUDED  ON  THE
 LIST.
   (4)  THE  COMMISSIONER  SHALL  MAKE  EVERY EFFORT TO AVOID ERRONEOUSLY
 INCLUDING A PERSON ON THE LIST.
   (C) NOTWITHSTANDING PARAGRAPH (A) OF THIS SUBDIVISION, A STATE  AGENCY
 MAY  PERMIT  A  PERSON  ENGAGED  IN  INVESTMENT  ACTIVITIES IN RUSSIA AS
 A. 10260                            3
 
 DESCRIBED BY SUBDIVISION TWO OF THIS SECTION TO BE DEEMED  A  RESPONSIVE
 BIDDER OR OFFERER, ON A CASE-BY-CASE BASIS WITH A STATE AGENCY IF:
   (1) THE INVESTMENT ACTIVITIES IN RUSSIA WERE MADE BEFORE THE EFFECTIVE
 DATE  OF THIS SECTION, THE INVESTMENT ACTIVITIES IN RUSSIA HAVE NOT BEEN
 EXPANDED OR RENEWED AFTER THE EFFECTIVE DATE OF THIS  SECTION,  AND  THE
 PERSON  HAS  ADOPTED,  PUBLICIZED,  AND IS IMPLEMENTING A FORMAL PLAN TO
 CEASE THE INVESTMENT ACTIVITIES IN RUSSIA AND TO REFRAIN  FROM  ENGAGING
 IN ANY NEW INVESTMENTS IN RUSSIA; OR
   (2)  THE  STATE  AGENCY  MAKES A DETERMINATION THAT THE COMMODITIES OR
 SERVICES ARE NECESSARY FOR THE STATE AGENCY TO PERFORM ITS FUNCTIONS AND
 THAT, ABSENT SUCH AN EXEMPTION, THE STATE  AGENCY  WOULD  BE  UNABLE  TO
 OBTAIN  THE  COMMODITIES  OR SERVICES FOR WHICH THE CONTRACT IS OFFERED.
 SUCH DETERMINATION SHALL BE ENTERED INTO THE PROCUREMENT RECORD.
   4. (A) A STATE AGENCY SHALL REQUIRE A PERSON THAT  SUBMITS  A  BID  OR
 OFFER  IN RESPONSE TO A NOTICE OF PROCUREMENT, OR THAT PROPOSES TO RENEW
 AN EXISTING PROCUREMENT CONTRACT WITH A  STATE  AGENCY  OR  PROPOSES  TO
 ASSUME  THE  RESPONSIBILITY  OF  A  CONTRACTOR PURSUANT TO A PROCUREMENT
 CONTRACT WITH A STATE AGENCY OR  OTHERWISE  PROPOSES  TO  ENTER  INTO  A
 CONTRACT WITH A STATE AGENCY WITH RESPECT TO A CONTRACT FOR COMMODITIES,
 SERVICES,  CONSTRUCTION,  OR CONTRACTS ENTERED PURSUANT TO SECTION SEVEN
 OF THE NEW YORK STATE PRINTING AND PUBLIC DOCUMENTS LAW,  SECTION  EIGHT
 OF THE PUBLIC BUILDINGS LAW, OR SECTION THIRTY-EIGHT OF THE HIGHWAY LAW,
 TO  CERTIFY, AT THE TIME THE BID IS SUBMITTED OR THE CONTRACT IS RENEWED
 OR ASSIGNED, THAT THE PERSON OR THE ASSIGNEE IS NOT IDENTIFIED ON A LIST
 CREATED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION THREE OF THIS  SECTION.
 A  STATE  AGENCY SHALL INCLUDE CERTIFICATION INFORMATION IN THE PROCURE-
 MENT RECORD.
   (B) A PERSON THAT SUBMITS A BID OR OFFER IN RESPONSE TO  A  NOTICE  OF
 PROCUREMENT  OR  THAT PROPOSES TO RENEW AN EXISTING PROCUREMENT CONTRACT
 WITH A STATE AGENCY OR  PROPOSES  TO  ASSUME  THE  RESPONSIBILITY  OF  A
 CONTRACTOR  PURSUANT  TO  A PROCUREMENT CONTRACT WITH A STATE AGENCY, OR
 OTHERWISE PROPOSES TO ENTER INTO A CONTRACT WITH  A  STATE  AGENCY  WITH
 RESPECT  TO  A  CONTRACT  FOR  COMMODITIES,  SERVICES,  CONSTRUCTION, OR
 CONTRACTS ENTERED PURSUANT TO SECTION SEVEN OF THE NEW YORK STATE PRINT-
 ING AND PUBLIC DOCUMENTS LAW, SECTION EIGHT OF THE PUBLIC BUILDINGS LAW,
 OR SECTION THIRTY-EIGHT OF THE HIGHWAY LAW SHALL  NOT  UTILIZE,  ON  THE
 CONTRACT  WITH THE STATE AGENCY, ANY SUBCONTRACTOR THAT IS IDENTIFIED ON
 A LIST CREATED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION  THREE  OF  THIS
 SECTION.
   5.  UPON  RECEIVING INFORMATION THAT A PERSON WHO HAS MADE THE CERTIF-
 ICATION REQUIRED BY SUBDIVISION FOUR OF THIS  SECTION  IS  IN  VIOLATION
 THEREOF,  THE  STATE  AGENCY SHALL REVIEW SUCH INFORMATION AND OFFER THE
 PERSON AN OPPORTUNITY TO RESPOND. IF THE  PERSON  FAILS  TO  DEMONSTRATE
 THAT  IS  HAS  CEASED  ITS  ENGAGEMENT  IN  THE  INVESTMENT  WHICH IS IN
 VIOLATION OF THIS SECTION WITHIN NINETY DAYS AFTER THE DETERMINATION  OF
 SUCH  VIOLATION,  THEN THE STATE AGENCY SHALL TAKE SUCH ACTION AS MAY BE
 APPROPRIATE AND PROVIDED FOR BY LAW, RULE OR  CONTRACT,  INCLUDING,  BUT
 NOT  LIMITED  TO,  IMPOSING  SANCTIONS,  SEEKING  COMPLIANCE, RECOVERING
 DAMAGES OR DECLARING THE CONTRACTOR IN DEFAULT.
   § 2. The general municipal law is amended  by  adding  a  new  section
 103-h to read as follows:
   § 103-H. RUSSIAN ENERGY SECTOR DIVESTMENT. 1. AS USED IN THIS SECTION:
   A. "ENERGY SECTOR" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 (A)  OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE STATE
 FINANCE LAW.
 A. 10260                            4
 
   B. "FINANCIAL INSTITUTION" SHALL HAVE THE SAME MEANING AS  DEFINED  IN
 PARAGRAPH  (B) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF
 THE STATE FINANCE LAW.
   C.  "INVESTMENT"  SHALL  HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE  STATE
 FINANCE LAW.
   D. "RUSSIA" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE STATE FINANCE
 LAW.
   E. "PERSON" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (E) OF
 SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE STATE FINANCE
 LAW.
   2. FOR PURPOSES OF THIS SECTION, A PERSON ENGAGES IN INVESTMENT ACTIV-
 ITIES IN RUSSIA IF:
   A.  THE PERSON PROVIDES GOODS OR SERVICES OF TWENTY MILLION DOLLARS OR
 MORE IN THE ENERGY SECTOR OF RUSSIA, INCLUDING A  PERSON  THAT  PROVIDES
 OIL  OR  LIQUEFIED NATURAL GAS TANKERS, OR PRODUCTS USED TO CONSTRUCT OR
 MAINTAIN PIPELINES USED TO TRANSPORT OIL OR LIQUEFIED NATURAL  GAS,  FOR
 THE ENERGY SECTOR OF RUSSIA; OR
   B.  THE  PERSON IS A FINANCIAL INSTITUTION THAT EXTENDS TWENTY MILLION
 DOLLARS OR MORE IN CREDIT TO ANOTHER  PERSON,  FOR  FORTY-FIVE  DAYS  OR
 MORE, IF THAT PERSON WILL USE THE CREDIT TO PROVIDE GOODS OR SERVICES IN
 THE ENERGY SECTOR IN RUSSIA.
   3. A PERSON THAT IS IDENTIFIED ON A LIST CREATED PURSUANT TO PARAGRAPH
 (B)  OF  SUBDIVISION  THREE  OF  SECTION ONE HUNDRED SIXTY-FIVE-B OF THE
 STATE FINANCE LAW AS A  PERSON  ENGAGING  IN  INVESTMENT  ACTIVITIES  IN
 RUSSIA  AS  DESCRIBED  IN  SUBDIVISION TWO OF THIS SECTION, SHALL NOT BE
 DEEMED A RESPONSIBLE BIDDER OR OFFERER PURSUANT TO SECTION  ONE  HUNDRED
 THREE OF THIS ARTICLE.
   4.  EVERY BID OR PROPOSAL HEREAFTER MADE TO A POLITICAL SUBDIVISION OF
 THE STATE OR ANY PUBLIC DEPARTMENT, AGENCY  OR  OFFICIAL  THEREOF  WHERE
 COMPETITIVE  BIDDING  IS  REQUIRED BY STATUTE, RULE, REGULATION OR LOCAL
 LAW, FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD  OR
 TO  BE  SOLD,  SHALL  CONTAIN  THE FOLLOWING STATEMENT SUBSCRIBED BY THE
 BIDDER AND AFFIRMED BY SUCH BIDDER AS TRUE UNDER THE PENALTIES OF PERJU-
 RY:
   A. "BY SUBMISSION OF THIS BID, EACH BIDDER AND EACH PERSON SIGNING  ON
 BEHALF  OF  ANY  BIDDER  CERTIFIES,  AND IN THE CASE OF A JOINT BID EACH
 PARTY THERETO CERTIFIES AS TO ITS OWN  ORGANIZATION,  UNDER  PENALTY  OF
 PERJURY,  THAT  TO THE BEST OF ITS KNOWLEDGE AND BELIEF THAT EACH BIDDER
 IS NOT ON THE LIST CREATED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION 3 OF
 SECTION 165-B OF THE STATE FINANCE LAW."
   B. NOTWITHSTANDING PARAGRAPH A OF THIS SUBDIVISION, THE  STATEMENT  OF
 NON-INVESTMENT  IN  THE RUSSIAN ENERGY SECTOR MAY BE SUBMITTED ELECTRON-
 ICALLY IN ACCORDANCE WITH THE PROVISIONS OF SUBDIVISION ONE  OF  SECTION
 ONE HUNDRED THREE OF THIS ARTICLE.
   C. A BID SHALL NOT BE CONSIDERED FOR AWARD NOR SHALL ANY AWARD BE MADE
 WHERE THE CONDITION SET FORTH IN PARAGRAPH A OF THIS SUBDIVISION HAS NOT
 BEEN  COMPLIED  WITH;  PROVIDED, HOWEVER, THAT IF IN ANY CASE THE BIDDER
 CANNOT MAKE THE FOREGOING CERTIFICATION, THE BIDDER SHALL SO  STATE  AND
 SHALL FURNISH WITH THE BID A SIGNED STATEMENT WHICH SETS FORTH IN DETAIL
 THE  REASONS  THEREFOR.  A  POLITICAL  SUBDIVISION  MAY AWARD A BID TO A
 BIDDER WHO CANNOT MAKE THE CERTIFICATION PURSUANT TO PARAGRAPH A OF THIS
 SUBDIVISION ON A CASE-BY-CASE BASIS IF:
   (1) THE INVESTMENT ACTIVITIES IN RUSSIA WERE MADE BEFORE THE EFFECTIVE
 DATE OF THIS SECTION, THE INVESTMENT ACTIVITIES IN RUSSIA HAVE NOT  BEEN
 A. 10260                            5
 
 EXPANDED  OR  RENEWED  AFTER THE EFFECTIVE DATE OF THIS SECTION, AND THE
 PERSON HAS ADOPTED, PUBLICIZED, AND IS IMPLEMENTING  A  FORMAL  PLAN  TO
 CEASE  THE  INVESTMENT ACTIVITIES IN RUSSIA AND TO REFRAIN FROM ENGAGING
 IN ANY NEW INVESTMENTS IN RUSSIA; OR
   (2)  THE POLITICAL SUBDIVISION MAKES A DETERMINATION THAT THE GOODS OR
 SERVICES ARE NECESSARY FOR THE  POLITICAL  SUBDIVISION  TO  PERFORM  ITS
 FUNCTIONS  AND THAT, ABSENT SUCH AN EXEMPTION, THE POLITICAL SUBDIVISION
 WOULD BE UNABLE TO OBTAIN THE GOODS OR SERVICES FOR WHICH  THE  CONTRACT
 IS  OFFERED.  SUCH DETERMINATION SHALL BE MADE IN WRITING AND SHALL BE A
 PUBLIC DOCUMENT.
   § 3. The public authorities law is amended by  adding  a  new  section
 2879-d to read as follows:
   §  2879-D.  RUSSIAN  ENERGY  SECTOR  DIVESTMENT.  1.  AS  USED IN THIS
 SECTION:
   A. "ENERGY SECTOR" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 (A) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE  STATE
 FINANCE LAW.
   B.  "FINANCIAL  INSTITUTION" SHALL HAVE THE SAME MEANING AS DEFINED IN
 PARAGRAPH (B) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B  OF
 THE STATE FINANCE LAW.
   C.  "INVESTMENT"  SHALL  HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH
 (C) OF SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE  STATE
 FINANCE LAW.
   D. "RUSSIA" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (D) OF
 SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE STATE FINANCE
 LAW.
   E. "PERSON" SHALL HAVE THE SAME MEANING AS DEFINED IN PARAGRAPH (E) OF
 SUBDIVISION ONE OF SECTION ONE HUNDRED SIXTY-FIVE-B OF THE STATE FINANCE
 LAW.
   2. FOR PURPOSES OF THIS SECTION, A PERSON ENGAGES IN INVESTMENT ACTIV-
 ITIES IN RUSSIA IF:
   A.  THE PERSON PROVIDES GOODS OR SERVICES OF TWENTY MILLION DOLLARS OR
 MORE IN THE ENERGY SECTOR OF RUSSIA, INCLUDING A  PERSON  THAT  PROVIDES
 OIL  OR  LIQUEFIED NATURAL GAS TANKERS, OR PRODUCTS USED TO CONSTRUCT OR
 MAINTAIN PIPELINES USED TO TRANSPORT OIL OR LIQUEFIED NATURAL  GAS,  FOR
 THE ENERGY SECTOR OF RUSSIA; OR
   B.  THE  PERSON IS A FINANCIAL INSTITUTION THAT EXTENDS TWENTY MILLION
 DOLLARS OR MORE IN CREDIT TO ANOTHER  PERSON,  FOR  FORTY-FIVE  DAYS  OR
 MORE, IF THAT PERSON WILL USE THE CREDIT TO PROVIDE GOODS OR SERVICES IN
 THE ENERGY SECTOR IN RUSSIA.
   3.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER OR ANY OTHER
 LAW TO THE CONTRARY, NO STATE OR LOCAL PUBLIC AUTHORITY OR AN INTERSTATE
 OR INTERNATIONAL AUTHORITY, OR SUBSIDIARY THEREOF, SHALL ENTER INTO  ANY
 CONTRACT FOR WORK OR SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD
 OR TO BE SOLD, WITH A PERSON THAT IS IDENTIFIED ON A LIST CREATED PURSU-
 ANT  TO PARAGRAPH (B) OF SUBDIVISION THREE OF SECTION ONE HUNDRED SIXTY-
 FIVE-B OF THE STATE FINANCE LAW  AS  A  PERSON  ENGAGING  IN  INVESTMENT
 ACTIVITIES IN RUSSIA AS DESCRIBED IN SUBDIVISION TWO OF THIS SECTION.
   4.  NOTWITHSTANDING  ANY  OTHER PROVISION OF THIS CHAPTER OR ANY OTHER
 LAW TO THE CONTRARY, EVERY CONTRACT ENTERED INTO WITH A STATE  OR  LOCAL
 PUBLIC AUTHORITY OR AN INTERSTATE OR INTERNATIONAL AUTHORITY FOR WORK OR
 SERVICES PERFORMED OR TO BE PERFORMED OR GOODS SOLD OR TO BE SOLD, SHALL
 CONTAIN THE FOLLOWING STATEMENT SUBSCRIBED BY AND AFFIRMED BY THE PERSON
 ENTERING INTO THE CONTRACT AS TRUE UNDER THE PENALTIES OF PERJURY:
   A.  "BY  SIGNING THIS CONTRACT, EACH PERSON AND EACH PERSON SIGNING ON
 BEHALF OF ANY OTHER PARTY CERTIFIES, AND IN THE CASE OF A JOINT  BID  OR
 A. 10260                            6
 
 PARTNERSHIP  EACH  PARTY  THERETO  CERTIFIES AS TO ITS OWN ORGANIZATION,
 UNDER PENALTY OF PERJURY, THAT TO THE BEST OF ITS KNOWLEDGE  AND  BELIEF
 THAT EACH PERSON IS NOT ON THE LIST CREATED PURSUANT TO PARAGRAPH (B) OF
 SUBDIVISION 3 OF SECTION 165-B OF THE STATE FINANCE LAW."
   B.  NOTWITHSTANDING  PARAGRAPH A OF THIS SUBDIVISION, THE STATEMENT OF
 NON-INVESTMENT IN THE RUSSIAN ENERGY SECTOR MAY BE  SUBMITTED  ELECTRON-
 ICALLY.
   C.  A  CONTRACT  SHALL  NOT  BE  CONSIDERED  NOR SHALL ANY CONTRACT BE
 ENTERED INTO WHERE THE CONDITION SET FORTH IN PARAGRAPH A OF THIS SUBDI-
 VISION HAS NOT BEEN COMPLIED WITH; PROVIDED, HOWEVER,  THAT  IF  IN  ANY
 CASE  THE  PERSON  CANNOT  MAKE  THE FOREGOING CERTIFICATION, THE PERSON
 SHALL SO STATE AND SHALL FURNISH WITH THE CONTRACT  A  SIGNED  STATEMENT
 WHICH  SETS FORTH IN DETAIL THE REASONS THEREFOR. A PUBLIC AUTHORITY MAY
 AWARD OR ENTER INTO A CONTRACT WITH A PERSON WHO CANNOT MAKE THE CERTIF-
 ICATION PURSUANT TO PARAGRAPH A OF THIS SUBDIVISION  ON  A  CASE-BY-CASE
 BASIS IF:
   (1) THE INVESTMENT ACTIVITIES IN RUSSIA WERE MADE BEFORE THE EFFECTIVE
 DATE  OF THIS SECTION, THE INVESTMENT ACTIVITIES IN RUSSIA HAVE NOT BEEN
 EXPANDED OR RENEWED AFTER THE EFFECTIVE DATE OF THIS  SECTION,  AND  THE
 PERSON  HAS  ADOPTED,  PUBLICIZED,  AND IS IMPLEMENTING A FORMAL PLAN TO
 CEASE THE INVESTMENT ACTIVITIES IN RUSSIA AND TO REFRAIN  FROM  ENGAGING
 IN ANY NEW INVESTMENTS IN RUSSIA; OR
   (2)  THE  PUBLIC  AUTHORITY  MAKES  A  DETERMINATION THAT THE GOODS OR
 SERVICES ARE NECESSARY FOR THE PUBLIC AUTHORITY TO PERFORM ITS FUNCTIONS
 AND THAT, ABSENT SUCH AN EXEMPTION, THE PUBLIC AUTHORITY WOULD BE UNABLE
 TO OBTAIN THE GOODS OR SERVICES FOR WHICH THE CONTRACT IS OFFERED.  SUCH
 DETERMINATION SHALL BE MADE IN WRITING AND SHALL BE A PUBLIC DOCUMENT.
   § 4. The retirement and social security law is amended by adding a new
 section 423-d to read as follows:
   §  423-D.  INVESTMENT OF CERTAIN PUBLIC FUNDS IN COMPANIES DOING BUSI-
 NESS IN RUSSIA. 1. ON AND AFTER THE EFFECTIVE DATE OF THIS  SECTION,  NO
 MONEYS  OR ASSETS OF THE COMMON RETIREMENT FUND SHALL BE INVESTED IN THE
 STOCKS, SECURITIES OR OTHER OBLIGATIONS OF ANY  INSTITUTION  OR  COMPANY
 DOING  BUSINESS  IN OR WITH RUSSIA OR WITH AGENCIES OR INSTRUMENTALITIES
 THEREOF. NOTWITHSTANDING ANY PROVISIONS  OF  LAW  TO  THE  CONTRARY,  NO
 ASSETS  OF  ANY  PENSION  OR  ANNUITY FUND UNDER THE JURISDICTION OF THE
 COMPTROLLER, SHALL BE INVESTED IN  ANY  BANK  OR  FINANCIAL  INSTITUTION
 WHICH  DIRECTLY  OR  THROUGH  A  SUBSIDIARY  HAS OUTSTANDING LOANS TO OR
 FINANCIAL ACTIVITIES IN RUSSIA OR  ITS  INSTRUMENTALITIES  AND  NO  SUCH
 ASSETS  SHALL BE INVESTED IN THE STOCKS, SECURITIES OR OTHER OBLIGATIONS
 OF ANY COMPANY WHICH DIRECTLY OR THROUGH  A  SUBSIDIARY  IS  ENGAGED  IN
 BUSINESS IN OR WITH RUSSIA OR ITS INSTRUMENTALITIES.
   2.  THE  COMPTROLLER  SHALL  TAKE  APPROPRIATE ACTION TO SELL, REDEEM,
 DIVEST OR WITHDRAW ANY INVESTMENT HELD IN VIOLATION OF THE PROVISIONS OF
 THIS SECTION. THIS SECTION SHALL NOT BE CONSTRUED TO REQUIRE THE  PREMA-
 TURE  OR  OTHERWISE IMPRUDENT SALE, REDEMPTION, DIVESTMENT OR WITHDRAWAL
 OF AN INVESTMENT, BUT SUCH SALE, REDEMPTION,  DIVESTMENT  OR  WITHDRAWAL
 SHALL  BE  COMPLETED  NOT LATER THAN THREE YEARS FOLLOWING THE EFFECTIVE
 DATE OF THIS SECTION.
   3. WITHIN SIXTY DAYS AFTER THE EFFECTIVE DATE  OF  THIS  SECTION,  THE
 COMPTROLLER  SHALL FILE WITH THE LEGISLATURE A REPORT OF ALL INVESTMENTS
 HELD AS OF THE EFFECTIVE DATE OF THIS SECTION WHICH ARE IN VIOLATION  OF
 THE  PROVISIONS  OF THIS SECTION. EVERY YEAR THEREAFTER, THE COMPTROLLER
 SHALL REPORT ON ALL INVESTMENTS SOLD, REDEEMED, DIVESTED OR WITHDRAWN IN
 COMPLIANCE WITH THIS SECTION.   EACH REPORT  AFTER  THE  INITIAL  REPORT
 SHALL  PROVIDE  A  DESCRIPTION OF THE PROGRESS WHICH THE COMPTROLLER HAS
 A. 10260                            7

 MADE SINCE THE PREVIOUS REPORT AND SINCE  THE  EFFECTIVE  DATE  OF  THIS
 SECTION.
   § 5. This act shall take effect immediately.