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A09690 Text:

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

                                         9690

                                 I N  A S S E M B L Y

                                     May 15, 2014
                                      ___________

       Introduced  by  M.  of  A.  HENNESSEY, ENGLEBRIGHT -- (at request of the
         Office of General Services) -- read once and referred to the Committee
         on Governmental Operations

       AN ACT to amend the public buildings law,  the  public  lands  law,  the
         state  finance  law  and  the economic development law, in relation to
         enhancing operational efficiencies and promoting economies in  support
         of the enterprise initiatives being undertaken by the office of gener-
         al services

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

    1    Section 1. Subdivision 14 of section 3 of the public buildings law, as
    2  added by chapter 83 of the laws of 1995, is amended to read as follows:
    3    14. [Where the use of any state-owned real property is  not  presently
    4  required for any other state purpose, the department, board, commission,
    5  division,  or  other state agency having jurisdiction thereof, may, with
    6  the approval of the commissioner of general services, temporarily  lease
    7  or  operate such property in such manner as will produce net revenue for
    8  the support of the state (a) by the forces and equipment of such depart-
    9  ment, board, commission, division or  other  state  agency,  or  (b)  by
   10  contracting  for  the  management and operation thereof with any person,
   11  firm or corporation, or (c) by a combination of  such  methods,  but  no
   12  such contract nor any lease or permit for the use of such property shall
   13  be  made  for a period exceeding five years from the date thereof.] UPON
   14  DETERMINATION BY THE COMMISSIONER OF GENERAL SERVICES THAT  THE  USE  OF
   15  ANY  STATE-OWNED  REAL  PROPERTY IS NOT PRESENTLY REQUIRED FOR ANY OTHER
   16  STATE PURPOSE BY THE DEPARTMENT, BOARD, COMMISSION,  DIVISION  OR  OTHER
   17  STATE  AGENCY  HAVING  JURISDICTION THEREOF, THE COMMISSIONER OF GENERAL
   18  SERVICES MAY LEASE OR OPERATE SUCH PROPERTY IN ANY SUCH MANNER  AS  WILL
   19  PRODUCE  NET REVENUE FOR THE SUPPORT OF THE STATE OR MAY LEASE THE PROP-
   20  ERTY TO ANOTHER PUBLIC ENTITY FOR AN AMOUNT EQUAL TO THE COSTS  INCURRED
   21  BY  THE  STATE FOR SUCH USE. NO CONTRACT, LEASE OR PERMIT FOR THE USE OF
   22  SUCH PROPERTY SHALL BE MADE FOR A TERM EXCEEDING FIVE  YEARS,  BUT  SUCH
   23  LEASE,  CONTRACT  OR  PERMIT  SHALL ALLOW RENEWALS OR EXTENSIONS OF SAID
   24  TERM, AT THE COMMISSIONER'S OPTION FOR TERMS OF FIVE YEARS  OR  LESS  AS

        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD13823-02-4
       A. 9690                             2

    1  LONG  AS THE TOTAL TERM, INCLUDING ALL RENEWALS AND EXTENSIONS, DOES NOT
    2  EXCEED FIFTEEN YEARS. All expenses incident to the leasing, use or oper-
    3  ation of any such property shall be paid out of the gross revenue there-
    4  from  and  shall  not  be  a  charge  against  the state. Insofar as the
    5  provisions of this subdivision  may  conflict  with  the  provisions  of
    6  section one hundred twenty-one of the state finance law or provisions of
    7  any  other law, the provisions of this subdivision shall control and the
    8  same shall not be deemed to be repealed, altered or superseded by impli-
    9  cation by the enactment or amendment of any other law. The use and occu-
   10  pancy of any such property pursuant to any  license,  lease,  permit  or
   11  contract  made under the provisions of this subdivision and the right of
   12  the state or its duly authorized agent  to  recover  possession  thereof
   13  shall not be subject to the emergency housing rent control law. Where it
   14  is  necessary  to cause the removal of an occupant of any such property,
   15  the head of the department, board, commission, division or  other  state
   16  agency having jurisdiction thereof may cause such occupant to be removed
   17  therefrom  and  the  possession thereof to be delivered to him or her as
   18  agent of the state in the same manner and by the same proceedings in the
   19  same court or before the same judge or justice as is  now  or  hereafter
   20  may  be  provided  by law for the removal of a tenant holding over after
   21  the expiration of his or her term without the permission  of  the  land-
   22  lord.   The proceeding shall be brought in the name of such head of such
   23  department, board, commission, division or  other  state  agency  having
   24  jurisdiction of such property, as agent of the state.
   25    S  2.  Section 33 of the public lands law is amended by adding two new
   26  subdivisions 6 and 7 to read as follows:
   27    6. (A) THE COMMISSIONER  OF  GENERAL  SERVICES  MAY  SELL  AND  CONVEY
   28  IMPROVED,  UNAPPROPRIATED  STATE  LANDS  TO A PRIVATE PARTY FOR NOT LESS
   29  THAN FAIR MARKET VALUE WITHOUT A FORMAL  COMPETITIVE  PROCESS  WHEN  (I)
   30  SUCH  PRIVATE  PARTY  HAS  APPROACHED  THE  STATE OF THEIR OWN ACCORD TO
   31  PURCHASE IMPROVED, UNAPPROPRIATED STATE LAND, AND (II) IN  THE  JUDGMENT
   32  OF THE COMMISSIONER OF GENERAL SERVICES, SUCH SALE IS IN THE BEST INTER-
   33  ESTS  OF THE STATE. SUCH SALE MUST COMPLY WITH STANDARD MINIMUM QUALITA-
   34  TIVE AND QUANTITATIVE FACTORS ESTABLISHED BY THE COMMISSIONER.
   35    (B) THE SALE PRICE FOR THE PROPERTY SHALL BE NOT LESS THAN FAIR MARKET
   36  VALUE AS ESTABLISHED BY A CERTIFIED APPRAISAL OR  OTHER  APPRAISAL  FORM
   37  ACCEPTABLE TO THE OFFICE OF THE STATE COMPTROLLER.
   38    7.  THE  COMMISSIONER OF GENERAL SERVICES MAY SELL AND CONVEY IMPROVED
   39  UNAPPROPRIATED STATE LANDS TO A PRIVATE PARTY FOR LESS THAN FAIR  MARKET
   40  VALUE  WITHOUT A FORMAL COMPETITIVE PROCESS WHEN (A) SUCH UNAPPROPRIATED
   41  STATE LANDS HAS BEEN, WITHIN THE LAST EIGHTEEN MONTHS,  OFFERED  THROUGH
   42  THE  PROCESS  DESCRIBED  IN SUBDIVISIONS ONE THROUGH SIX OF THIS SECTION
   43  WITHOUT BEING SOLD; (B) A PRIVATE PARTY  HAS  APPROACHED  THE  STATE  OF
   44  THEIR  OWN  ACCORD  TO PURCHASE IMPROVED, UNAPPROPRIATED STATE LAND; AND
   45  (C) IN THE JUDGMENT OF THE COMMISSIONER OF GENERAL SERVICES,  SUCH  SALE
   46  IS  IN  THE  BEST  INTEREST OF THE STATE. SUCH SALE MUST COMPLY WITH THE
   47  STANDARD MINIMUM QUALITATIVE AND QUANTITATIVE FACTORS ESTABLISHED BY THE
   48  COMMISSIONER INCLUDING, AT THE DISCRETION OF THE COMMISSIONER, A  CERTI-
   49  FIED APPRAISAL REPORT OR APPRAISAL REVIEW TO ESTABLISH CONSIDERATION FOR
   50  SUCH  CONTRACT.  THE PURCHASE CONTRACT SHALL BE SUBJECT TO REVIEW BY THE
   51  ATTORNEY GENERAL AND THE STATE COMPTROLLER.
   52    S 3. Paragraph (a) of subdivision  2  of  section  112  of  the  state
   53  finance  law,  as  amended  by section 18 of part L of chapter 55 of the
   54  laws of 2012, is amended to read as follows:
   55    (a) Before any contract made for or by any state  agency,  department,
   56  board, officer, commission, or institution, except the office of general
       A. 9690                             3

    1  services,  shall be executed or become effective, whenever such contract
    2  exceeds fifty thousand dollars in amount and before  any  contract  made
    3  for  or  by  the  office of general services shall be executed or become
    4  effective,  whenever  such contract exceeds eighty-five thousand dollars
    5  in amount, it shall first be approved by the comptroller  and  filed  in
    6  his  or  her  office,  with  the exception of contracts established as a
    7  centralized contract  through  the  office  of  general  services  [and]
    8  purchase  orders  or  other  procurement  transactions issued under such
    9  centralized contracts, AND CONTRACT EXTENSIONS, INCLUDED IN AND PROVIDED
   10  FOR IN CENTRALIZED  CONTRACTS  ESTABLISHED  BY  THE  OFFICE  OF  GENERAL
   11  SERVICES  AND  FINALIZED  BEFORE  APRIL  FIRST, TWO THOUSAND ELEVEN. The
   12  comptroller shall make a final written  determination  with  respect  to
   13  approval  of  such contract within ninety days of the submission of such
   14  contract to his or her office unless the comptroller  shall  notify,  in
   15  writing,  the  state  agency, department, board, officer, commission, or
   16  institution, prior to the expiration of the ninety day period,  and  for
   17  good  cause, of the need for an extension of not more than fifteen days,
   18  or a reasonable period of time agreed to by such state  agency,  depart-
   19  ment,  board, officer, commission, or institution and provided, further,
   20  that such written determination or extension shall be made part  of  the
   21  procurement record pursuant to paragraph f of subdivision one of section
   22  one hundred sixty-three of this chapter.
   23    S 4. Subdivisions 3, 4 and 5 of section 97-g of the state finance law,
   24  subdivision  3  as amended by section 62 of part HH of chapter 57 of the
   25  laws of 2013, subdivision 4 as amended by section 2 and subdivision 5 as
   26  amended by section 1 of subpart A of part C of chapter 97 of the laws of
   27  2011, are amended to read as follows:
   28    3. Moneys of the fund shall be available to the commissioner of gener-
   29  al services for the purchase of food, supplies and equipment  for  state
   30  agencies,  and  for  the  purpose of furnishing or providing centralized
   31  services to or for state agencies; provided  further  that  such  moneys
   32  shall  be available to the commissioner of general services for purposes
   33  pursuant to items (d) and (f) of subdivision four of this section to  or
   34  for political subdivisions, PUBLIC AUTHORITIES AND PUBLIC BENEFIT CORPO-
   35  RATIONS.  Beginning  the first day of April, two thousand two, moneys in
   36  such fund shall also be transferred by  the  state  comptroller  to  the
   37  revenue  bond  tax  fund  account  of  the  general debt service fund in
   38  amounts equal to those required for payments to authorized  issuers  for
   39  revenue  bonds  issued  pursuant to article five-C and article five-F of
   40  this  chapter  for  the  purpose  of  lease  purchases  and  installment
   41  purchases by or for state agencies and institutions for personal or real
   42  property purposes.
   43    4.  The term "centralized services" as used in this section shall mean
   44  and include only (a) communications services, (b)  mail,  messenger  and
   45  reproduction services, (c) computer services, (d) [fuels] ENERGY COMMOD-
   46  ITIES,  including  FUELS,  natural gas, hydrogen, biofuels and gasoline,
   47  and automotive services, (e) renovation and  maintenance  services,  (f)
   48  purchases  of electricity, renewable energy, renewable energy credits or
   49  attributes from the power authority of the state of  New  York  and,  in
   50  consultation  with  the  power  authority of the state of New York, from
   51  other suppliers, (g) real property  management  services,  (h)  building
   52  design and construction services, (i) parking services, (j) distribution
   53  of  United  States  department  of agriculture donated foods to eligible
   54  recipients, pursuant to all applicable  statutes  and  regulations,  (k)
   55  distribution  of  federal  surplus  property  donations  to all eligible
   56  recipients, pursuant to applicable statutes  and  regulations,  and  (l)
       A. 9690                             4

    1  payments  and  related  services  for  lease  purchases  and installment
    2  purchases by or for state agencies and institutions for personal proper-
    3  ty purposes financed through the issuance  of  certificates  of  partic-
    4  ipation.  The  services defined in items (a) through (c), (e), [(g)] and
    5  (h) of this subdivision shall be provided to state agencies  and  insti-
    6  tutions only.
    7    5.  The  amount  expended from such fund for the above-stated purposes
    8  shall be charged against the agency [or], political subdivisions, PUBLIC
    9  AUTHORITIES AND PUBLIC BENEFIT CORPORATIONS above receiving  such  food,
   10  supplies,  equipment  and  services  and  all payments received therefor
   11  shall be credited to such fund.
   12    S 5. Section 146 of the economic development law, as amended by  chap-
   13  ter  95 of the laws of 2000 and as renumbered by chapter 137 of the laws
   14  of 2008, is amended to read as follows:
   15    S 146. Approval of comptroller. The comptroller shall not  approve  or
   16  file  any  procurement contract for the acquisition of goods or services
   17  in the amount of [fifteen] FIFTY thousand dollars or more unless  notice
   18  as provided in section one hundred forty-two of this article shall first
   19  have been published in the procurement opportunities newsletter at least
   20  fifteen  business  days prior to the date on which a bid or proposal was
   21  due. Provided, however,  such  requirement  of  publication  of  advance
   22  notice  shall  not apply to contracts exempt from such requirement under
   23  section one hundred forty-four of this article; provided  further,  that
   24  the  comptroller  shall  not  be required to disapprove a contract if he
   25  determines that there has been substantial compliance with the  require-
   26  ments  of  section  one hundred forty-two and section one hundred forty-
   27  three of this article. The foregoing provisions of  this  section  shall
   28  not  be  construed to limit, in any manner, the right of the comptroller
   29  to demand evidence of adequate competition or such other  proofs  as  he
   30  may require in the discharge of his responsibilities pursuant to section
   31  one  hundred  twelve  of the state finance law or any other provision of
   32  law.
   33    S 6. This act shall take effect immediately; provided however that the
   34  amendments to subdivisions 3, 4 and 5  of  section  97-g  of  the  state
   35  finance  law  made  by  section four of this act shall be subject to the
   36  expiration and reversion of such subdivisions pursuant to section  9  of
   37  subpart  A  of part C of chapter 97 of the laws of 2011 and section 3 of
   38  chapter 410 of the laws of 2009, as amended, and  shall  expire  and  be
   39  deemed repealed therewith.
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