Relates to the approval of certain public authority contracts by the state comptroller.
TITLE OF BILL: An act to amend the public authorities law, in relation to the approval of certain public authorities contracts by the state comptroller
PURPOSE OR GENERAL IDEA OF BILL:
To expand the scope of eligible contracts potentially subject to the State Comptroller's approval to include all public authority contracts exceeding one million dollars.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of this bill would amend Subdivision 1 of Section 2879-a of the Public Authorities Law to provide that all public authority contracts over one million dollars would, at the State Comptroller's discretion, be subject to the State Comptroller's approval.
Section two sets forth the effective date.
Under current law, only public authority contracts over one million dollars that are non-competitive or funded with State dollars can be reviewed by the Office of the State Comptroller (OSC). A recent OSC audit found the Metropolitan Transportation Authority (MTA) slanted a supposedly competitive process to fill prime retail space in Grand Central Terminal in the favor of one company. OSC found that the MTA worked exclusively with the company behind the scenes on a lease for more than a year before issuing a request for proposals that resulted in the only response coming from such company. Because the MTA lease was purportedly a competitive process, it was not eligible for the Comptroller's review before it was finalized. This bill would make all contracts over one million dollars eligible for review.
PRIOR LEGISLATIVE HISTORY:
This bill has no significant State fiscal impact.
This act shall take effect on the sixtieth day after it shall have become a law.
STATE OF NEW YORK ________________________________________________________________________ 5114 2013-2014 Regular Sessions IN SENATE May 10, 2013 ___________Introduced by Sen. RANZENHOFER -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Author- ities and Commissions AN ACT to amend the public authorities law, in relation to the approval of certain public authorities contracts by the state comptroller THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: Section 1. Subdivision 1 of section 2879-a of the public authorities law, as added by chapter 506 of the laws of 2009, is amended to read as follows: 1. Except as set forth in subdivision three of this section, where the comptroller determines pursuant to his or her authority to supervise the accounts of public corporations, that contracts or categories of contracts in excess of one million dollars
[(a)]to be awarded by a state authority [to a single source, a sole source or pursuant to any other method of procurement that is not competitive, or (b) which are to be paid in whole or in part from monies appropriated by the state to a state authority for such contractual expenditure,]require supervision in the form of prior review and approval of such contracts, and the comptroller so notifies such authority of such determination, then any such contract entered into subsequent to such notification shall be submitted to the comptroller for his or her approval and shall not be a valid enforceable contract unless it shall first have been approved by the comptroller. Such notification shall identify the process for submission, the categories of contracts at issue and the time period for which such submission is to take place. The comptroller shall promulgate such rules and regulations as may be necessary to carry out his or her responsibilities under this section, including but not limited to the standards for determining which contracts will be subject to his or her review and for approving such contracts. S 2. This act shall take effect on the sixtieth day after it shall have become a law.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03601-01-3