STATE OF NEW YORK ________________________________________________________________________ 3784 2021-2022 Regular Sessions IN ASSEMBLY January 28, 2021 ___________ Introduced by M. of A. NORRIS, ASHBY, J. M. GIGLIO, MONTESANO, MORINEL- LO, B. MILLER, PALMESANO, SMULLEN -- Multi-Sponsored by -- M. of A. DeSTEFANO, WALSH -- read once and referred to the Committee on Govern- mental 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: 1 Section 1. This act shall be known and may be cited as the "state 2 contract sunlight act". 3 § 2. The executive law is amended by adding a new section 170-c to 4 read as follows: 5 § 170-c. State contract project sunlight database. 1. The comptroller 6 shall establish a state-wide database to be known as the state contract 7 project sunlight database. 8 2. (a) Before any contract made for or by any department, division, 9 commission, agency, authority, board or any other entity of the state 10 shall be executed, or before approval by the comptroller and the attor- 11 ney general, if required pursuant to the state finance law, the depart- 12 ment, division, commission, agency, authority, board or any other entity 13 of the state awarding such contract shall submit the proposed contract 14 to the comptroller to be posted on the database for public review and 15 comment at least fourteen days before such contract shall be approved by 16 the comptroller and the attorney general, if required, or be executed. 17 Such proposed contracts shall be submitted on a schedule and in a format 18 determined by the comptroller. 19 (b) Every department, division, commission, agency, authority, board 20 or any other entity of the state shall submit all awarded contracts and 21 bids related to such contracts to the comptroller to be posted on the 22 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. LBD01738-01-1A. 3784 2 1 3. (a) Such database shall be available online for public review in a 2 searchable, downloadable format. Such database shall include, but not be 3 limited to: 4 (i) all proposed contracts submitted pursuant to paragraph (a) of 5 subdivision two of this section; 6 (ii) descriptions of requests for proposals and contracts; 7 (iii) all bids for state contracts; 8 (iv) authorized contracts including specific requirements under such 9 contracts including job creation and investment and clawback provisions; 10 (v) contact information for all parties to the contract; 11 (vi) project timelines; 12 (vii) funding sources; 13 (viii) history of each project; 14 (ix) return on investment to the state; and 15 (x) any additional information made available to the state as part of 16 the bidding and contracting process. 17 (b) The database shall be in a format that allows for public comment 18 on proposed and awarded contracts. 19 4. The comptroller shall develop, after consultation with the entities 20 required to report under this section, a standardized form for each 21 department, division, commission, agency, authority, board and any other 22 entity of the state to compile the information required under this 23 section and submit such information to the comptroller for inclusion in 24 the database. 25 5. The comptroller shall promulgate any rules and regulations neces- 26 sary for the implementation of such database established pursuant to 27 this section. 28 § 3. Paragraph (a) of subdivision 2 of section 112 of the state 29 finance law, as amended by section 18 of part L of chapter 55 of the 30 laws of 2012, is amended to read as follows: 31 (a) Before any contract made for or by any state agency, department, 32 board, officer, commission, or institution, except the office of general 33 services, shall be executed or become effective, whenever such contract 34 exceeds fifty thousand dollars in amount and before any contract made 35 for or by the office of general services shall be executed or become 36 effective, whenever such contract exceeds eighty-five thousand dollars 37 in amount, it shall first be approved by the comptroller and filed in 38 his or her office, with the exception of contracts established as a 39 centralized contract through the office of general services and purchase 40 orders or other procurement transactions issued under such centralized 41 contracts. The comptroller shall make a final written determination with 42 respect to approval of such contract within ninety days of the 43 submission of such contract to his or her office unless the comptroller 44 shall notify, in writing, the state agency, department, board, officer, 45 commission, or institution, prior to the expiration of the ninety day 46 period, and for good cause, of the need for an extension of not more 47 than fifteen days, or a reasonable period of time agreed to by such 48 state agency, department, board, officer, commission, or institution and 49 provided, further, that such written determination or extension shall be 50 made part of the procurement record pursuant to paragraph f of subdivi- 51 sion one of section one hundred sixty-three of this chapter. Upon 52 approval by the comptroller, the contract shall be delivered to the 53 attorney general who shall within fifteen days of receipt either approve 54 such contract or disapprove and return the contract to the state agency, 55 department, board, officer, commission or institution with reasons 56 therefor.A. 3784 3 1 § 4. This act shall take effect on the one hundred eightieth day after 2 it shall have become a law; provided, however, that effective immediate- 3 ly, the addition, amendment and/or repeal of any rule or regulation 4 necessary for the implementation of this act on its effective date are 5 authorized and directed to be made and completed on or before such 6 effective date.