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S07153 Summary:

BILL NOS07153
 
SAME ASSAME AS A08096
 
SPONSORHOYLMAN-SIGAL
 
COSPNSR
 
MLTSPNSR
 
Add Art 28 §500, Ec Dev L
 
Directs the department of economic development, in conjunction with the empire state development corporation, 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 and to identify and eliminate fraud, abuse or waste by private parties.
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S07153 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          7153
 
                               2025-2026 Regular Sessions
 
                    IN SENATE
 
                                      April 2, 2025
                                       ___________
 
        Introduced  by Sen. HOYLMAN-SIGAL -- read twice and ordered printed, and
          when printed to be committed to the Committee  on  Commerce,  Economic
          Development and Small Business
 
        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:
 
     1    Section 1. Short title. This act shall be known and may  be  cited  as
     2  the  "New  York  Determining  Obligations  and  Guaranteeing Enforcement
     3  (DOGE) in Government Contracting Act".
     4    § 2. The economic development law is amended by adding a  new  article
     5  28 to read as follows:
 
     6                                 ARTICLE 28
     7     DETERMINING OBLIGATIONS AND GUARANTEEING ENFORCEMENT IN GOVERNMENT
     8                                 CONTRACTING
 
     9  Section 500. Determining  obligations  and  guaranteeing  enforcement in
    10                 government contracting.
    11    § 500. Determining obligations and guaranteeing enforcement in govern-
    12  ment contracting. 1. The department,  in  conjunction  with  the  empire
    13  state   development  corporation,  is  hereby  directed  to  review  all
    14  contracts entered into or overseen or  enforced  by  the  department  of
    15  economic  development  and/or  the  empire state development corporation
    16  relating to the leasing of state-owned premises to private  parties  for
    17  the   production,   manufacture  and/or  development  of  solar  shingle
    18  products, electric vehicle charging networks, advanced driver-assistance
    19  systems, and/or supercomputer hardware.
    20    2. In reviewing such contracts, the department shall identify and stop
    21  waste, fraud, and abuse committed by private parties to the contracts in
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD11472-02-5

        S. 7153                             2
 
     1  order to maximize governmental efficiency and productivity. In addition,
     2  the department shall analyze and determine whether  private  parties  to
     3  such contracts:
     4    (a) employ sufficient persons within the state;
     5    (b)  pay  sufficient  rent  for  the use of leased premises within the
     6  state;
     7    (c) locate and  invest  in  sufficient  resources  within  the  state,
     8  including but not limited to supercomputers;
     9    (d) invest sufficiently in job training programs within the state; and
    10    (e) operate sufficient retail locations within the state.
    11    3.  Within  sixty  days  of  the  effective  date of this section, the
    12  department shall  deliver  a  report  documenting  its  review  of  such
    13  contracts  to  the  governor, the temporary president of the senate, the
    14  speaker of the assembly, the minority leader  of  the  senate,  and  the
    15  minority  leader  of  the assembly. The report shall identify and attach
    16  the reviewed contracts, be supported with documents and  data,  and  for
    17  each contract:
    18    (a)  identify  waste,  fraud and abuse committed by private parties to
    19  the contract;
    20    (b) state actions the department intends to take to remedy  identified
    21  waste, fraud, and abuse committed by private parties to the contract;
    22    (c)  determine whether private parties to the contract meet benchmarks
    23  set forth in the contract as to the factors  delineated  in  subdivision
    24  two of this section; and
    25    (d) state actions the department intends to take to remedy failures of
    26  private  parties  to  the  contract  to meet benchmarks set forth in the
    27  contract as to  the  factors  delineated  in  subdivision  two  of  this
    28  section.
    29    4.  Within  ninety  days  of  the  effective date of this section, the
    30  department shall initiate any remedial action identified in  subdivision
    31  three of this section, including but not limited to:
    32    (a)  termination  of contracts with private parties that commit waste,
    33  fraud, and abuse against the state of New York;
    34    (b) levying of fines against private parties pursuant to the terms  of
    35  contracts;
    36    (c) action to claw back monies paid to private parties notwithstanding
    37  their breach of contracts; and
    38    (d) eviction proceedings against private parties.
    39    5.  In  the  event  that the department initiates any remedial actions
    40  identified in paragraph (c) of subdivision four  of  this  section,  any
    41  funds  saved as a result of such remedial actions shall be reinvested in
    42  local workforce development or economic development programs benefitting
    43  the impacted community.
    44    § 3. This act shall take effect immediately.
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