Requires contractors receiving public funds to pay amounts owed to small businesses and minority-owned business enterprises within seven days of receipt of payment from state agencies.
STATE OF NEW YORK
________________________________________________________________________
2284
2025-2026 Regular Sessions
IN SENATE
January 16, 2025
___________
Introduced by Sens. WEBB, FERNANDEZ, PARKER, RAMOS -- read twice and
ordered printed, and when printed to be committed to the Committee on
Procurement and Contracts
AN ACT to amend the state finance law, in relation to providing for
prompt payment by contractors receiving public funds of amounts owed
to small businesses and minority-owned business enterprises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The state finance law is amended by adding a new section
2 149 to read as follows:
3 § 149. Payments by contractors to small businesses and minority-owned
4 business enterprise subcontractors. 1. For the purposes of this section:
5 (a) "Covered project" means a project which is paid for in whole or in
6 part out of public funds as such term is defined in this section where
7 the amount of all such public funds, when aggregated, is at least thirty
8 percent of the total project costs and where such project costs are over
9 five million dollars.
10 (b) "Paid for in whole or in part out of public funds" means any of
11 the following:
12 (i) the payment of money, by a public entity, or a third party acting
13 on behalf of and for the benefit of a public entity, directly to or on
14 behalf of the contractor, subcontractor, developer or owner that is not
15 subject to repayment; or
16 (ii) the savings achieved from fees, rents, interest rates, or other
17 loan costs, or insurance costs that are lower than market rate costs;
18 savings from reduced taxes as a result of tax credits, tax abatements,
19 tax exemptions or tax increment financing; savings from payments in lieu
20 of taxes; and any other savings from reduced, waived, or forgiven costs
21 that would have otherwise been at a higher or market rate but for the
22 involvement of the public entity.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD03817-01-5
S. 2284 2
1 (c) "Contract" means an enforceable agreement entered into by a
2 contractor and a subcontractor.
3 (d) "Contractor" means any person, partnership, firm, corporation, or
4 association:
5 (i) selling materials, equipment, or supplies or leasing property or
6 equipment to a state agency;
7 (ii) constructing, reconstructing, rehabilitating, or repairing build-
8 ings or highways for, or on behalf of, a state agency; or
9 (iii) rendering or providing services pursuant to a contract with a
10 state agency.
11 (e) "Subcontractor" means a person engaged by a contractor or another
12 subcontractor to perform a portion of the contractor's obligations under
13 a contract.
14 (f) "Small business concern" or "small business" means a business
15 which is resident in this state, independently owned and operated, not
16 dominant in its field and employs one hundred or less persons.
17 (g) "Minority-owned business enterprise" has the meaning set forth in
18 subdivision seven of section three hundred ten of the executive law.
19 2. Within seven calendar days of the receipt of any payment from state
20 agencies, the contractor receiving payment for a covered project shall
21 pay each of their small business and minority-owned business enterprise
22 contractors and/or subcontractors the proceeds from the payment repres-
23 enting the value of the work performed and/or furnished by the subcon-
24 tractor and reflecting the percentage of the subcontractor's work
25 completed or the supplied in the requisition approved by the owner and
26 based upon the actual value of the subcontract or purchase order less an
27 amount necessary to satisfy any claims, liens or judgments against the
28 subcontractor or which have not been suitably discharged and less any
29 retained amount as hereafter described. The contractor receiving payment
30 for a covered project shall also generate invoices no later than seven
31 days of date of service. Invoice service period and date of payment from
32 receipt of undisputed invoice should not exceed thirty days. Failure by
33 the contractor to make any payment, including any remaining amounts of
34 the contract balance or generate invoices no later than seven days of
35 date of service as hereinafter described, to any small business or
36 minority-owned business enterprise subcontractor or within seven calen-
37 dar days of the receipt of any payment from state agencies shall result
38 in the commencement and accrual of interest on amounts due to such
39 subcontractor or for the period beginning on the day immediately follow-
40 ing the expiration of such seven calendar day period and ending on the
41 date on which payment is made by the contractor to such subcontractor.
42 Such interest shall be the sole responsibility of the contractor, and
43 shall be paid at the rate of interest in effect on the date payment is
44 made by the contractor.
45 § 2. This act shall take effect immediately.
