S 5788: Relates to accessibility requirements in certain procurement contracts; requires contracts that include information and communication technologies (ICTs) are accessible to people with disabilities; requires that the ability of a prospective contractor to meet such requirement be considered in making the contract award.

  
  STATE OF NEW YORK ________________________________________________________________________ 5788 2025-2026 Regular Sessions  IN SENATE March 3, 2025 ___________ Introduced by Sens. SEPULVEDA, ADDABBO, ASHBY, BROUK, GALLIVAN, HOYL- MAN-SIGAL, LANZA, MARTINEZ, PALUMBO, RIVERA, WEIK -- read twice and ordered printed, and when printed to be committed to the Committee on Finance AN ACT to amend the state finance law, in relation to accessibility requirements in certain procurement contracts 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 2 139-m to read as follows: 3 § 139-m. Accessibility requirements in certain procurement contracts. 4 1. Notwithstanding any other provision of law to the contrary, where a 5 contract that includes information and communication technologies (ICTs) 6 is to be awarded by a state agency, public authority or municipality 7 pursuant to a competitive bidding process or a request for proposal 8 process, such competitive bidding process or request for proposal and 9 the subsequent awarded contract shall require that such ICTs are acces- 10 sible to people with disabilities. The ability of a prospective contrac- 11 tor to meet such an accessibility requirement shall be considered in 12 making the contract award. 13 2. For the purposes of this section, the following terms shall have 14 the following definitions: 15 (a) "information and communication technologies (ICTs)" includes, but 16 shall not be limited to, any communication device or application includ- 17 ing radio, television, cellular phones, computer and network hardware 18 and software, and satellite systems as well as the various services and 19 applications associated with them, such as videoconferencing and 20 distance learning. 21 (b) "municipality" shall mean any city, town, village, county, munici- 22 pal corporation, district corporation, district or any office, depart- 23 ment or agency, thereof. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD05896-01-5 
 S. 5788 2 1 (c) "state agency" shall, notwithstanding any other provision of law, 2 mean any state department, board, bureau, division, office, council, 3 committee or officer of the state, or the state university of New York, 4 or the senior colleges of the city university of New York, or any public 5 benefit corporation or commission at least one of whose members are 6 appointed by the governor. 7 § 2. Subdivision 1 of section 163 of the state finance law is amended 8 by adding a new paragraph l to read as follows: 9 l. "Information and communication technologies (ICTs)" shall have the 10 same meaning as set forth in section one hundred thirty-nine-m of this 11 chapter. 12 § 3. Paragraph a of subdivision 3 of section 163 of the state finance 13 law is amended by adding a new subparagraph (viii) to read as follows: 14 (viii) When the purchase of commodities involves ICTs, commodities 15 contracts shall be awarded to prospective contractors who are able to 16 meet accessibility requirements pursuant to section one hundred thirty- 17 nine-m of this chapter. 18 § 4. Subdivision 4 of section 163 of the state finance law is amended 19 by adding a new paragraph h to read as follows: 20 h. When the purchase of services involves ICTs, service contracts 21 shall be awarded to prospective contractors who are able to meet acces- 22 sibility requirements pursuant to section one hundred thirty-nine-m of 23 this chapter. 24 § 5. This act shall take effect on the ninetieth day after it shall 25 have become a law; provided, however, the provisions of this act shall 26 be applied to all contracts to be entered into on or after the first of 27 April next succeeding the date on which this act shall have become a 28 law; and provided, further, that the amendments to section 163 of the 29 state finance law made by sections two, three and four of this act shall 30 not affect the repeal of such section and shall be deemed repealed ther- 31 ewith. Effective immediately, the addition, amendment and/or repeal of 32 any rule or regulation necessary for the implementation of this act on 33 its effective date is authorized to be made and completed on or before 34 such date.