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.