A 5659: Restructures the not-for-profit contracting advisory committee; provides for the issuance of additional reports.

  
  STATE OF NEW YORK ________________________________________________________________________ 5659 2025-2026 Regular Sessions  IN ASSEMBLY February 19, 2025 ___________ Introduced by M. of A. ZINERMAN, BUTTENSCHON, WOERNER -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to the not-for-profit contracting advisory committee The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 179-aa of the state finance law, as amended by 2 chapter 672 of the laws of 2019, is amended to read as follows: 3 § 179-aa. Advisory committee. 1. There is hereby established a not- 4 for-profit contracting advisory committee. [The] Such advisory committee 5 shall consist of [sixteen members which shall include eight appointed 6 members, four to] seven members, three of which shall be appointed by 7 the governor [who], each of whom shall be representatives of not-for- 8 profit organizations providing services in the state, [and two] one each 9 to be appointed by the governor upon recommendation of the temporary 10 president of the senate and speaker of the assembly, [and eight] the 11 chair of the senate committee on procurements and contracts, and the 12 chair of the assembly committee on governmental operations. Such members 13 shall be appointed on staggered terms to ensure continuity and knowledge 14 sharing. Eight additional non-voting members shall be appointed as ex 15 officio members of the committee, [one each] designated from the follow- 16 ing entities, the division of the budget, the department of law, the 17 office of the state comptroller, and the education department. The 18 governor [shall] may also designate an additional four non-voting ex 19 officio members from [among] any of the following agencies, provided 20 only one shall be designated per agency: the department of state, the 21 office of children and family services, the office of temporary and 22 disability assistance, the department of health, the office of mental 23 hygiene, the office for people with developmental disabilities, and the 24 department of labor. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD03575-01-5 
 A. 5659 2 1 2. The governor shall designate an appointee to serve as chair of the 2 committee. 3 3. The advisory committee shall meet at least quarterly [and upon its 4 own initiative may: comment and] each calendar year. Such committee is 5 authorized to promulgate by-laws they see fit in accordance with this 6 section. 7 4. (a) The advisory committee shall perform the following functions: 8 (i) independently advise the governor, the legislature, the comp- 9 troller and state agencies on the implementation and operation of this 10 article, and provide expert comment, if requested by such on the imple- 11 mentation and operation of the provisions contained within this article 12 and issue an annual report on such, which shall be made publicly acces- 13 sible; 14 (ii) comment, monitor and report on the implementation and operation 15 of the not-for-profit short-term revolving loan fund[; advise the gover- 16 nor, comptroller and state agencies on the implementation and operation 17 of this article; evaluate the benefits of requiring all state agencies 18 to use standard contract language and the extent to which standard 19 language may be effectively included in contracts with not-for-profit 20 organizations; review annually the report of the office of the state 21 comptroller made pursuant to section one hundred seventy-nine-bb of this 22 article; and propose any legislation they deem necessary to improve the 23 fund and this article. The committee shall], as provided for in section 24 one hundred seventy-nine-z of this article; 25 (iii) regularly review and report on state agency compliance with the 26 statutory timelines specified in section one hundred seventy-nine-s of 27 this article; 28 (iv) periodically review and report on the use of the state's grant 29 management system by contracting agencies or any other centralized 30 systems that may be introduced from time to time to streamline agencies' 31 work; 32 (v) review annually and provide comment on the report by the office of 33 the state comptroller made pursuant to section one hundred seventy-nine- 34 bb of this article; 35 (vi) receive, and if necessary invite, feedback from state agencies on 36 how the process of procurement, contracting, and vetting of not-for-pro- 37 fit organizations can be improved, make the necessary recommendations, 38 and ensure implementation of such recommendations; 39 (vii) issue any recommendations deemed necessary or helpful to ensure 40 such committee is effectively operational to the governor and the legis- 41 lature; and 42 (viii) report to the governor and the legislature with recommendations 43 on improving the contracting procedures with not-for-profit organiza- 44 tions which receive state funds through the intermediary of munici- 45 palities. 46 (b) Such reports shall be due annually not later than December first. 47 5. If the advisory committee is found not to be in compliance with any 48 of the provisions of this section, the governor may, upon motion by any 49 member of the legislature, the chair of the advisory committee, or by 50 the governor's own initiative, dissolve such advisory committee and 51 reappoint the advisory committee with new members pursuant to subdivi- 52 sion one of this section, provided, however, the chair of the senate 53 committee on procurements and contracts, and the chair of the assembly 54 committee on governmental operations shall remain. 55 § 2. This act shall take effect on the ninetieth day after it shall 56 have become a law.