S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7522
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               June 2, 2023
                                ___________
 
 Introduced  by  Sen.  COONEY  --  (at  request  of the Office of General
   Services) -- read twice and ordered printed, and when  printed  to  be
   committed to the Committee on Rules
 
 AN  ACT  to amend the public buildings law and the state finance law, in
   relation to work done by special order and bonds to secure payment  of
   certain claims arising from a public improvement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The second undesignated  paragraph  of  section  6  of  the
 public buildings law, as amended by section 1 of part N of chapter 55 of
 the laws of 2015, is amended to read as follows:
   Notwithstanding  any  inconsistent provisions of law, the commissioner
 of general services may by rules delegate to the  agency  or  department
 having custody of any public building full responsibility for the prepa-
 ration of plans and specifications and the supervision of minor, routine
 or  uncomplicated  construction, reconstruction, alteration, improvement
 or repair of any such building, providing the value of such  work  shall
 not exceed [one] TWO hundred [fifty] thousand dollars.
   §  2. Section 20 of the public buildings law, as amended by section 12
 of part FF of chapter 56 of the laws of 2010,  is  amended  to  read  as
 follows:
   § 20. Work done by special order. The commissioner of general services
 shall  determine when minor work of construction, reconstruction, alter-
 ation or repair of any state building may  be  done  by  special  order.
 Special  orders  for such work shall be short-form contracts approved by
 the attorney general and by the comptroller. No work shall  be  done  by
 special  order  in  an  amount  in  excess of [one] TWO hundred thousand
 dollars and a bond shall not be required for  special  orders.  No  work
 shall  be done by special order unless the commissioner has presented to
 the comptroller evidence that he has made a diligent  effort  to  obtain
 competition  sufficient  to  protect the interests of the state prior to
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06729-01-3
              

 S. 7522                             2
 
 selecting the  contractor  to  perform  the  work.  Notwithstanding  the
 provisions  of  subdivision  two  of section eight of this chapter, work
 done by special order  under  this  section  may  be  advertised  solely
 through the regular public notification service of the office of general
 services.  At least five days shall elapse between the first publication
 of such public notice and the date so specified for the  public  opening
 of bids. All payments on special orders shall be made on the certificate
 of  the commissioner of general services and audited and approved by the
 state comptroller. All special orders shall contain a  clause  that  the
 special order shall only be deemed executory to the extent of the moneys
 available  and  no  liability  shall be incurred by the state beyond the
 moneys available for the purpose.
   § 3. Subdivision 1 of section 137 of the state finance law,  as  sepa-
 rately amended by section 17 of part MM of chapter 57 and chapter 619 of
 the laws of 2008, is amended to read as follows:
   1. In addition to other bond or bonds, if any, required by law for the
 completion  of  a  work specified in a contract for the prosecution of a
 public improvement for the state of New York a municipal corporation,  a
 public benefit corporation or a commission appointed pursuant to law, or
 in the absence of any such requirement, the comptroller may or the other
 appropriate  official, respectively, shall nevertheless require prior to
 the approval of any such contract a bond guaranteeing prompt payment  of
 moneys  due to all persons furnishing labor or materials to the contrac-
 tor or any subcontractors in the prosecution of the work provided for in
 such contract. Whenever a municipal corporation issues a permit  subject
 to  compliance  with  section  two hundred twenty of the labor law, such
 permittee or its contractor or subcontractors furnishing  workers  shall
 post a payment bond subject to this section. Provided, however, that all
 performance  bonds  and payment bonds may, at the discretion of the head
 of the state agency, public benefit corporation or commission, or his or
 her designee, be dispensed with for the completion of a  work  specified
 in  a contract for the prosecution of a public improvement for the state
 of New York for which bids are solicited [where the aggregate amount  of
 the contract is under one hundred thousand dollars and provided further,
 that  in a case where], FOR ALL CONTRACTS, WHETHER the contract is OR IS
 not subject to the multiple contract award requirements of  section  one
 hundred  thirty-five of this article, such requirements may be dispensed
 with where the head of the state agency, public benefit  corporation  or
 commission finds it to be in the public interest and where the aggregate
 amount of the contract awarded or to be awarded is less than two hundred
 thousand  dollars.  Provided further, that in a case where a performance
 or payment bond is dispensed with, twenty per  centum  may  be  retained
 from  each  progress  payment or estimate until the entire contract work
 has been completed and accepted, at which time the  head  of  the  state
 agency,  public  benefit  corporation  or  commission shall, pending the
 payment of the final estimate, pay not to exceed seventy-five per centum
 of the amount of the retained percentage.
   § 4. This act shall take effect immediately.