A 826: Provides that no contracts for services with the city of New York which are awarded on a contingency basis or through a retainer agreement shall be excluded from the definition of doing business with the city for purposes of campaign finance limitations for matching contributions.

  
  STATE OF NEW YORK ________________________________________________________________________ 826 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Election Law AN ACT to amend the administrative code of the city of New York, in relation to campaign contribution limitations for entities doing busi- ness with the city under the city campaign finance act The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph a of subdivision 18 of section 3-702 of the 2 administrative code of the city of New York, as amended by local law 3 number 72 of the city of New York for the year 2017, is amended to read 4 as follows: 5 a. The term "business dealings with the city" shall mean (i) one or 6 more contracts (other than an emergency contract or a contract procured 7 through publicly-advertised competitive sealed bidding) with a single 8 person or entity for the procurement of goods, services or construction 9 that are in effect or that were entered into within the preceding 10 twelve-month period with the city of New York or any agency or entity 11 affiliated with the city of New York and have a total value at or above 12 $100,000, or, with respect to contracts for construction, at or above 13 $500,000, and shall include any contract for the underwriting of the 14 debt of the city of New York or any agency or entity affiliated with the 15 city of New York and the retention of any bond counsel, disclosure coun- 16 sel or underwriter's counsel in connection therewith; or (ii) any acqui- 17 sition or disposition of real property (other than a public auction or 18 competitive sealed bid transaction or the acquisition of property pursu- 19 ant to the department of environmental protection watershed land acqui- 20 sition program) with the city of New York or any agency or entity affil- 21 iated with the city of New York; or (iii) any application for approval 22 sought from the city of New York pursuant to the provisions of section 23 195 of the charter, any application for approval sought from the city of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01429-01-5 
 A. 826 2 1 New York that has been certified pursuant to the provisions of section 2 197-c of the charter, and any application for a zoning text amendment 3 that has been certified pursuant to section 201 of the charter; 4 provided, however, that for purposes of this clause, with respect to 5 section 195 an applicant shall include the lessor of an office building 6 or office space, and with respect to section 197-c an applicant shall 7 include a designated developer or sponsor of a project for which a city 8 agency or local development corporation is the applicant and provided, 9 further, however, that owner-occupants of one, two and three family 10 homes shall not be considered applicants pursuant to this clause; or 11 (iv) one or more concessions (other than a concession awarded through 12 publicly-advertised competitive sealed bid) or one or more franchises 13 with a single person or entity that are in effect or that were entered 14 into within the preceding twelve-month period from the city of New York 15 or any agency or entity affiliated with the city of New York which have 16 a total estimated annual value at or above $100,000; or (v) one or more 17 grants made to a single person or entity that are in effect or that were 18 entered into within the preceding twelve-month period that have a total 19 value at or above $100,000, received from the city of New York or any 20 agency or entity affiliated with the city of New York; or (vi) any 21 economic development agreement entered into or in effect with the city 22 of New York or any agency or entity affiliated with the city of New 23 York; or (vii) any contract for the investment of pension funds, includ- 24 ing investments in a private equity firm and contracts with investment 25 related consultants. In addition, for purposes of this chapter a lobby- 26 ist as defined in section 3-211 of this title shall be deemed to be 27 engaged in business dealings with the city of New York during all peri- 28 ods covered by a registration statement. For purposes of clauses (i), 29 (iv) and (v) of this subdivision, all contracts, concessions, franchises 30 and grants that are $5,000 or less in value shall be excluded from any 31 calculation as to whether a contract, concession, franchise or grant is 32 a business dealing with the city; provided, however, that such exclusion 33 shall not apply to contracts for services which are rendered pursuant to 34 a retainer agreement or on a contingency basis that may exceed $5,000. 35 For purposes of clauses (ii) and (iii) of this subdivision, the depart- 36 ment of city planning, in consultation with the board, may promulgate 37 rules to require the submission by applicants to the city of information 38 necessary to implement the requirements of subdivisions 1-a and 1-b of 39 section 3-703 of this chapter as they relate to clauses (ii) and (iii) 40 of this paragraph [(a) of this subdivision] for purposes of inclusion in 41 the doing business database established pursuant to subdivision 20 of 42 this section. For purposes of this subdivision, "agency or entity affil- 43 iated with the city of New York" shall mean the city school district of 44 the city of New York and any public authority, public benefit corpo- 45 ration or not for profit corporation, the majority of whose board 46 members are officials of the city of New York or are appointed by such 47 officials. The department of housing preservation and development shall 48 promulgate rules setting forth which categories of actions, transactions 49 and agreements providing affordable housing shall and shall not consti- 50 tute business dealings with the city of New York for purposes of this 51 subdivision. The department shall consider the significance of the 52 affordable housing program and the degree of discretion by city offi- 53 cials in determining which actions, transactions and agreements shall 54 and shall not constitute such business dealings. Notwithstanding any 55 provision of this subdivision, a housing assistance payment contract 56 between a landlord and the department of housing preservation and devel- 
 A. 826 3 1 opment or the New York city housing authority relating to the provision 2 of rent subsidies pursuant to Section 8 of the United States Housing Act 3 of 1937, 42 USC 1437 et., seq., shall not constitute business dealings 4 with the city of New York for the purposes of this subdivision. 5 § 2. This act shall take effect immediately.