NY Pub Auth L § 2879-A (2021)
2021 New York Laws PBA - Public Authorities Article 9 - General Provisions Title 4 - Contracts of Public Authorities 2879-A - Comptroller Approval of Contracts.

§ 2879-a. Comptroller approval of contracts. 1. Except as set forth in   subdivision  three  of  this  section,  where the comptroller determines   pursuant to his or her authority to supervise  the  accounts  of  public   corporations, that contracts or categories of contracts in excess of one   million  dollars  (a)  to  be  awarded  by a state authority to a single   source, a sole source or pursuant to any  other  method  of  procurement   that is not competitive, or (b) which are to be paid in whole or in part   from  monies  appropriated  by  the  state to a state authority for such   contractual expenditure, require supervision in the form of prior review   and approval of such contracts, and the  comptroller  so  notifies  such   authority  of  such  determination,  then any such contract entered into   subsequent to such notification shall be submitted  to  the  comptroller   for  his  or  her approval and shall not be a valid enforceable contract   unless it shall first  have  been  approved  by  the  comptroller.  Such   notification  shall  identify the process for submission, the categories   of contracts at issue and the time period for which such  submission  is   to   take  place.  The  comptroller  shall  promulgate  such  rules  and   regulations as may be necessary to carry out his or her responsibilities   under this section, including but  not  limited  to  the  standards  for   determining which contracts will be subject to his or her review and for   approving such contracts.2. Where the comptroller, pursuant to subdivision one of this section,   has  notified  a  state  authority  that  any  contract  or  category of   contracts shall be subject to his or her approval, such authority  shall   include  or  cause  to  be  included  in  each such contract a provision   informing  the  other  party  that  such  contract  is  subject  to  the   comptroller's  approval  pursuant  to  the  comptroller's  authority  to   supervise the accounts of public corporations. If  the  comptroller  has   not  approved or disapproved any contract subject to his or her approval   within ninety days of submission to his or  her  office,  such  contract   shall become valid and enforceable without such approval.3. This section shall not apply to: (a) contracts entered into for the   issuance   of  commercial  paper  or  bonded  indebtedness,  other  than   contracts with the state providing  for  the  payment  of  debt  service   subject  to  an  appropriation;  (b) contracts entered into by an entity   established under article ten-C  of  this  chapter  that  are  for:  (i)   projects  approved  by  the  department  of  health or the public health   council in accordance with articles twenty-eight, thirty-six or forty of   the public health law or article seven of the social services law;  (ii)   projects  approved by the office of mental health, the office for people   with  developmental  disabilities,  or  the  office  of  alcoholism  and   substance   abuse   services   in   accordance  with  articles  sixteen,   thirty-one, or thirty-two of the mental  hygiene  law;  (iii)  services,   affiliations  or  joint  ventures for the provision or administration of   health care services or scientific research;  (iv)  payment  for  direct   health  care  services  or  goods  used  in the provision of health care   services; or (v) participation in  group  purchasing  arrangements;  (c)   contracts  entered  into  for the procurement of goods, services or both   goods and services made to  meet  emergencies  arising  from  unforeseen   causes  or  to  effect  repairs  to  critical  infrastructure  that  are   necessary to avoid a delay in the delivery  of  critical  services  that   could  compromise  the public welfare; (d) contracts of purchase or sale   of energy, electricity or ancillary services made by an authority  on  a   recognized  market  for  goods,  services, or commodities in question in   accordance with standard terms and conditions of purchase or sale  at  a   market  price; (e) contracts for the purchase, sale or delivery of power   or energy, fuel, costs and  services  ancillary  thereto,  or  financial   products  related  thereto, with a term of less than five years; and (f)    contracts for the sale or delivery of power  or  energy  and  costs  and   services ancillary thereto for economic development purposes pursuant to   title one of article five of this chapter or article six of the economic   development law, provided, however, that the authority shall file copies   of  any  such  contract with the comptroller within sixty days after the   execution of such contract.4. The provisions of this section do not grant or diminish  any  power   or  right  to review contracts beyond or from that which the comptroller   may have pursuant to his or her authority to supervise the  accounts  of   public authorities. If any provisions of this section or its application   to any person or circumstance is held invalid by a court of last resort,   then this section shall be deemed to be invalid in its entirety.