NY State Senate Bill 2015-S5384A

Senate Bill S5384A

2015-2016 Legislative Session

Authorizes municipal housing authorities to engage in shared purchasing contracts with the state, political subdivisions and other municipal housing authorities

download bill text pdf

Archive: Last Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 06, 2016	referred to local government
Jun 10, 2015	print number 5384a
Jun 10, 2015	amend (t) and recommit to local government
May 14, 2015	referred to local government

Bill Amendments

Original

A (Active)

2015-S5384 - Details

See Assembly Version of this Bill:: A7779
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: A7807

2015-S5384 - Summary

Authorizes municipal housing authorities to engage in shared purchasing contracts with the state, political subdivisions and other municipal housing authorities.

2015-S5384 - Sponsor Memo

                                BILL NUMBER:S5384

TITLE OF BILL:  An act to amend the general municipal law, in relation
to providing municipal housing authorities greater flexibility and
cost savings by permitting certain shared purchasing among political
subdivisions and municipal housing authorities; and to amend chapter
308 of the laws of 2012, amending the general municipal law relating
to providing local governments greater contract flexibility and cost
savings by permitting certain shared purchasing among political
subdivisions, in relation to making the provisions thereof permanent

PURPOSE:  Authorizes municipalities and districts thereof to contract
for goods and services jointly with federal and any state or other
municipality.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 16 of section 103 of the general
municipal law, to authorize any officer, board or agency of a county,
political subdivision or any district therein authorized to make
purchases of apparatus, materials, equipment or supplies, or to
contract for services, may make such purchase, or may contract for
such services, as may be required by such contract let by the United
States of America or any agency thereof, any state or other county or
political subdivision if such contract was let in a manner that
constitutes competitive bidding consistent with state law and made

available for use by other government entities.

Section 2 contains the effective date.

JUSTIFICATION:  Cooperative purchasing, also commonly referred to as
piggy-backing, is a procurement method whereby if a government agency
has already gone through the procurement process and awarded a
contract to one or more venders for a particular product or service,
the contract can be utilized by other government agencies on the same
terms and conditions.  Piggy-backing has been proven to reduce
administrative and product cost, increase efficiencies and stretch
shrinking budgets during difficult times.

When Piggybacking became available in New York (2013), political
subdivisions experienced a period of legal consultation to ensure they
complied with the GML 103 single local law or single rule, regulation,
or resolution requirement. This period of investigation and policy
formation did not lend an immediate opportunity for many agencies to
take advantage of piggybacking's soft and hard cost savings until late
2014, and yet there are over 2,100 participating agencies. During that
timeframe the State of New York Office of General Services has
piggybacked multiple cooperative contracts offered via National
Purchasing Cooperatives because of savings identified.

With the original language and sunset period starting Nov. 2012, it is
now causing a concern for local decision makers as they have reaped
the savings provided through the GML 103 law and are incorporating
piggybacking into their efficiency studies, budgeting and capital
planning. Those political subdivisions who have been able to take
advantage of piggybacking have found there to be great savings,


documented examples available, while still keeping the business within
the State of New York.

LEGISLATIVE HISTORY: New Bill.

FISCAL IMPLICATIONS: None to the State.

EFFECTIVE DATE:  This act shall take effect immediately.

2015-S5384 - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5384

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed to the Committee on Local Government

AN ACT to amend the general municipal  law,  in  relation  to  providing
  municipal  housing authorities greater flexibility and cost savings by
  permitting certain shared purchasing among political subdivisions  and
  municipal housing authorities; and to amend chapter 308 of the laws of
  2012,  amending  the general municipal law relating to providing local
  governments greater contract flexibility and cost savings  by  permit-
  ting  certain  shared  purchasing  among  political  subdivisions,  in
  relation to making the provisions thereof permanent

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 16 of section 103 of the general municipal law,
as  amended  by  chapter  497 of the laws of 2013, is amended to read as
follows:
  16. Notwithstanding ANY PROVISION OF LAW TO  THE  CONTRARY,  INCLUDING
the  provisions  of subdivisions one, two and three of this section, and
section one hundred four of this article, any officer, board  or  agency
of a political subdivision or of any district therein, OR OF A MUNICIPAL
HOUSING  AUTHORITY authorized to make purchases of apparatus, materials,
equipment or supplies, or  to  contract  for  services  related  to  the
installation,  maintenance or repair of apparatus, materials, equipment,
and supplies, may make such purchases, or may contract for such services
related to the installation, maintenance or repair of apparatus, materi-
als, equipment, and supplies, as  may  be  required  by  such  political
subdivision  or district therein, OR MUNICIPAL HOUSING AUTHORITY through
the use of a contract let by the United States of America or any  agency
thereof,  any  state  [or],  any other political subdivision or district
therein, OR MUNICIPAL HOUSING AUTHORITY if such contract was let to  the
lowest  responsible  bidder  or  on  the basis of best value in a manner
consistent with this section and made available for use by other govern-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10549-01-5

S. 5384                             2

mental entities; provided, however, that  no  political  subdivision  or
district therein, OR MUNICIPAL HOUSING AUTHORITY, other than a city with
a  population  of one million or more inhabitants or any district, board
or agency with jurisdiction exclusively therein, may make such purchases
or  contract for such services through the use of such a contract let on
the basis of best value in a manner consistent with this section  unless
the  political subdivision [or], district OR MUNICIPAL HOUSING AUTHORITY
shall first adopt a local law, rule, regulation or  resolution,  as  the
case  may  be,  pursuant to subdivision one of this section, authorizing
the use of best value for awarding purchase contracts.
  The  authority  provided  to  political  subdivisions  and   districts
therein,  AND MUNICIPAL HOUSING AUTHORITIES pursuant to this subdivision
shall not relieve  any  obligation  of  such  political  subdivision  or
district  therein to comply with any applicable minority and women-owned
business enterprise program mandates and the preferred  source  require-
ments of section one hundred sixty-two of the state finance law.
  S 2. Section 2 of chapter 308 of the laws of 2012, amending the gener-
al  municipal  law  relating  to  providing  local  governments  greater
contract flexibility and  cost  savings  by  permitting  certain  shared
purchasing among political subdivisions, as amended by section 5 of part
G of chapter 55 of the laws of 2014, is amended to read as follows:
  S  2. This act shall take effect immediately[, and shall expire and be
deemed repealed July 31, 2019].
  S 3. This act shall take effect immediately.

2015-S5384A (ACTIVE) - Details

See Assembly Version of this Bill:: A7779
Current Committee:: Senate Local Government
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L
Versions Introduced in 2017-2018 Legislative Session:: A7807

2015-S5384A (ACTIVE) - Summary

Authorizes municipal housing authorities to engage in shared purchasing contracts with the state, political subdivisions and other municipal housing authorities.

2015-S5384A (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S5384A                Revised 06/12/15

TITLE OF BILL:

An act to amend the general municipal law, in relation to providing
municipal housing authorities greater flexibility and cost savings by
permitting certain shared purchasing among political subdivisions and
municipal housing authorities

PURPOSE:

Authorizes municipalities and districts thereof to contract for goods
and services jointly with federal and any state or other municipality.

SUMMARY OF PROVISIONS:

Section 1 amends subdivision 16 of section 103 of the general
municipal law, to authorize any officer, board or agency of a county,
political subdivision or any district therein authorized to make
purchases of apparatus, materials, equipment or supplies, or to
contract for services, may make such purchase, or may contract for
such services, as may be required by such contract let by the United
States of America or any agency thereof, any state or other county or
political subdivision if such contract was let in a manner that
constitutes competitive bidding consistent with state law and made
available for use by other. government entities. This section also

defines the term "municipal housing authority or authorities" for the
purpose of this subdivision.

Section 2 contains the effective date.

JUSTIFICATION:

Cooperative purchasing, also commonly referred to as piggy-backing, is
a procurement method whereby if a government agency has already gone
through the procurement process and awarded a contract to one or more
venders for a particular product or service, the contract can be
utilized by other government agencies on the same terms and
conditions. Piggy-backing has been proven to reduce administrative and
product cost, increase efficiencies and stretch shrinking budgets
during difficult times.

When Piggybacking became available in New York (2013), political
subdivisions experienced a period of legal consultation to ensure they
complied with the GML 103 single local law or single rule, regulation,
or resolution requirement. This period of investigation and policy
formation did not lend an immediate opportunity for many agencies to
take advantage of piggybacking's soft and hard cost savings until late
2014, and yet there are over 2,100 participating agencies. During that
timeframe the State of New York Office of General Services has
piggybacked multiple cooperative contracts offered via National
Purchasing Cooperatives because of savings identified.

With the original language and sunset period starting Nov. 2012, it is
now causing a concern for local decision makers as they have reaped
the savings provided through the GML 103 law and are incorporating
piggybacking into their efficiency studies, budgeting and capital


planning. Those political subdivisions who have been able to take
advantage of piggybacking have found there to be great savings,
documented examples available, while still keeping the business within
the State of New York.

LEGISLATIVE HISTORY:

New Bill

FISCAL IMPLICATIONS:

None to the State.

EFFECTIVE DATE:

This act shall take effect immediately.

2015-S5384A (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 5384--A

                       2015-2016 Regular Sessions

                            I N  S E N A T E

                              May 14, 2015
                               ___________

Introduced  by  Sen.  LITTLE -- read twice and ordered printed, and when
  printed to be committed  to  the  Committee  on  Local  Government  --
  committee  discharged,  bill amended, ordered reprinted as amended and
  recommitted to said committee

AN ACT to amend the general municipal  law,  in  relation  to  providing
  municipal  housing authorities greater flexibility and cost savings by
  permitting certain shared purchasing among political subdivisions  and
  municipal housing authorities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Subdivision 16 of section 103 of the general municipal law,
as amended by chapter 497 of the laws of 2013, is  amended  to  read  as
follows:
  16.  Notwithstanding the provisions of subdivisions one, two and three
of this section, and section one hundred four of this article, any offi-
cer, board or agency of a political subdivision or of any district ther-
ein, OR OF A MUNICIPAL HOUSING AUTHORITY authorized to make purchases of
apparatus, materials, equipment or supplies, or to contract for services
related to the installation, maintenance or repair of apparatus, materi-
als, equipment, and supplies, may make such purchases, or  may  contract
for  such services related to the installation, maintenance or repair of
apparatus, materials, equipment, and supplies, as  may  be  required  by
such  political  subdivision  or  district therein, OR MUNICIPAL HOUSING
AUTHORITY through the use of a contract let  by  the  United  States  of
America  or  any  agency  thereof,  any  state [or], any other political
subdivision or district therein, OR MUNICIPAL HOUSING AUTHORITY if  such
contract  was  let  to  the lowest responsible bidder or on the basis of
best value in a manner consistent with this section and  made  available
for use by other governmental entities; provided, however, that no poli-
tical  subdivision  or district therein, OR MUNICIPAL HOUSING AUTHORITY,
other than a city with a population of one million or  more  inhabitants

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD10549-03-5

S. 5384--A                          2

or  any district, board or agency with jurisdiction exclusively therein,
may make such purchases or contract for such services through the use of
such a contract let on the basis of best value in  a  manner  consistent
with  this  section  unless  the political subdivision [or], district OR
MUNICIPAL HOUSING AUTHORITY shall first adopt a local law,  rule,  regu-
lation or resolution, as the case may be, pursuant to subdivision one of
this  section,  authorizing  the use of best value for awarding purchase
contracts.
  The  authority  provided  to  political  subdivisions  and   districts
therein,  AND MUNICIPAL HOUSING AUTHORITIES pursuant to this subdivision
shall not relieve  any  obligation  of  such  political  subdivision  or
district  therein  AND  MUNICIPAL  HOUSING  AUTHORITY to comply with any
applicable minority and women-owned business enterprise program mandates
and the preferred source requirements of section one  hundred  sixty-two
of the state finance law.  FOR THE PURPOSES OF THIS SUBDIVISION THE TERM
"MUNICIPAL  HOUSING  AUTHORITY  OR  AUTHORITIES"  SHALL  NOT INCLUDE ANY
MUNICIPAL HOUSING AUTHORITY LOCATED IN A CITY WITH A POPULATION  OF  ONE
MILLION OR MORE.
  S  2.  This act shall take effect immediately; provided, however, that
the amendments to subdivision 16 of section 103 of the general municipal
law made by section one of this act shall not affect the repeal of  such
subdivision and shall be deemed repealed therewith.

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