Assembly Bill A8096

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8096
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              April 30, 2025
                                ___________
 
 Introduced by M. of A. LASHER -- read once and referred to the Committee
   on Economic Development
 
 AN  ACT  to  amend the economic development law, in relation to enacting
   the "New York Determining  Obligations  and  Guaranteeing  Enforcement
   (DOGE) in Government Contracting Act"

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the  "New  York  Determining  Obligations  and  Guaranteeing Enforcement
 (DOGE) in Government Contracting Act".
   § 2. The economic development law is amended by adding a  new  article
 28 to read as follows:
 
                                ARTICLE 28
    DETERMINING OBLIGATIONS AND GUARANTEEING ENFORCEMENT IN GOVERNMENT
                                CONTRACTING
 
 SECTION 500. DETERMINING  OBLIGATIONS  AND  GUARANTEEING  ENFORCEMENT IN
                GOVERNMENT CONTRACTING.
   § 500. DETERMINING OBLIGATIONS AND GUARANTEEING ENFORCEMENT IN GOVERN-
 MENT CONTRACTING. 1. THE DEPARTMENT,  IN  CONJUNCTION  WITH  THE  EMPIRE
 STATE   DEVELOPMENT  CORPORATION,  IS  HEREBY  DIRECTED  TO  REVIEW  ALL
 CONTRACTS ENTERED INTO OR OVERSEEN OR  ENFORCED  BY  THE  DEPARTMENT  OF
 ECONOMIC  DEVELOPMENT  AND/OR  THE  EMPIRE STATE DEVELOPMENT CORPORATION
 RELATING TO THE LEASING OF STATE-OWNED PREMISES TO PRIVATE  PARTIES  FOR
 THE   PRODUCTION,   MANUFACTURE  AND/OR  DEVELOPMENT  OF  SOLAR  SHINGLE
 PRODUCTS, ELECTRIC VEHICLE CHARGING NETWORKS, ADVANCED DRIVER-ASSISTANCE
 SYSTEMS, AND/OR SUPERCOMPUTER HARDWARE.
   2. IN REVIEWING SUCH CONTRACTS, THE DEPARTMENT SHALL IDENTIFY AND STOP
 WASTE, FRAUD, AND ABUSE COMMITTED BY PRIVATE PARTIES TO THE CONTRACTS IN
 ORDER TO MAXIMIZE GOVERNMENTAL EFFICIENCY AND PRODUCTIVITY. IN ADDITION,
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11472-02-5
              

 A. 8096                             2
 
 THE DEPARTMENT SHALL ANALYZE AND DETERMINE WHETHER  PRIVATE  PARTIES  TO
 SUCH CONTRACTS:
   (A) EMPLOY SUFFICIENT PERSONS WITHIN THE STATE;
   (B)  PAY  SUFFICIENT  RENT  FOR  THE USE OF LEASED PREMISES WITHIN THE
 STATE;
   (C) LOCATE AND  INVEST  IN  SUFFICIENT  RESOURCES  WITHIN  THE  STATE,
 INCLUDING BUT NOT LIMITED TO SUPERCOMPUTERS;
   (D) INVEST SUFFICIENTLY IN JOB TRAINING PROGRAMS WITHIN THE STATE; AND
   (E) OPERATE SUFFICIENT RETAIL LOCATIONS WITHIN THE STATE.
   3.  WITHIN  SIXTY  DAYS  OF  THE  EFFECTIVE  DATE OF THIS SECTION, THE
 DEPARTMENT SHALL  DELIVER  A  REPORT  DOCUMENTING  ITS  REVIEW  OF  SUCH
 CONTRACTS  TO  THE  GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE, THE
 SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE  SENATE,  AND  THE
 MINORITY  LEADER  OF  THE ASSEMBLY. THE REPORT SHALL IDENTIFY AND ATTACH
 THE REVIEWED CONTRACTS, BE SUPPORTED WITH DOCUMENTS AND  DATA,  AND  FOR
 EACH CONTRACT:
   (A)  IDENTIFY  WASTE,  FRAUD AND ABUSE COMMITTED BY PRIVATE PARTIES TO
 THE CONTRACT;
   (B) STATE ACTIONS THE DEPARTMENT INTENDS TO TAKE TO REMEDY  IDENTIFIED
 WASTE, FRAUD, AND ABUSE COMMITTED BY PRIVATE PARTIES TO THE CONTRACT;
   (C)  DETERMINE WHETHER PRIVATE PARTIES TO THE CONTRACT MEET BENCHMARKS
 SET FORTH IN THE CONTRACT AS TO THE FACTORS  DELINEATED  IN  SUBDIVISION
 TWO OF THIS SECTION; AND
   (D) STATE ACTIONS THE DEPARTMENT INTENDS TO TAKE TO REMEDY FAILURES OF
 PRIVATE  PARTIES  TO  THE  CONTRACT  TO MEET BENCHMARKS SET FORTH IN THE
 CONTRACT AS TO  THE  FACTORS  DELINEATED  IN  SUBDIVISION  TWO  OF  THIS
 SECTION.
   4.  WITHIN  NINETY  DAYS  OF  THE  EFFECTIVE DATE OF THIS SECTION, THE
 DEPARTMENT SHALL INITIATE ANY REMEDIAL ACTION IDENTIFIED IN  SUBDIVISION
 THREE OF THIS SECTION, INCLUDING BUT NOT LIMITED TO:
   (A)  TERMINATION  OF CONTRACTS WITH PRIVATE PARTIES THAT COMMIT WASTE,
 FRAUD, AND ABUSE AGAINST THE STATE OF NEW YORK;
   (B) LEVYING OF FINES AGAINST PRIVATE PARTIES PURSUANT TO THE TERMS  OF
 CONTRACTS;
   (C) ACTION TO CLAW BACK MONIES PAID TO PRIVATE PARTIES NOTWITHSTANDING
 THEIR BREACH OF CONTRACTS; AND
   (D) EVICTION PROCEEDINGS AGAINST PRIVATE PARTIES.
   5.  IN  THE  EVENT  THAT THE DEPARTMENT INITIATES ANY REMEDIAL ACTIONS
 IDENTIFIED IN PARAGRAPH (C) OF SUBDIVISION FOUR  OF  THIS  SECTION,  ANY
 FUNDS  SAVED AS A RESULT OF SUCH REMEDIAL ACTIONS SHALL BE REINVESTED IN
 LOCAL WORKFORCE DEVELOPMENT OR ECONOMIC DEVELOPMENT PROGRAMS BENEFITTING
 THE IMPACTED COMMUNITY.
   § 3. This act shall take effect immediately.