Increases the state discretionary buying threshold without a formal competitive process for certain commodities from certain businesses, including construction services.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7243
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the state finance law, in relation to increasing the
state discretionary buying threshold without a formal competitive proc-
ess for certain commodities from certain businesses
PURPOSE OR GENERAL IDEA OF BILL:
To increase the State's discretionary spending threshold to $1.5 million
for non-competitive contracts and includes construction.
SUMMARY OF PROVISIONS:
Section 1 Subdivision 6 of section 163 of the state of the state finance
law as amended by section 28 of part PP of chapter 56 and chapter to
increase the 572 of the laws of 2022, discretionary buying threshold to
$1 million and includes construction.
Section 2 Sets forth the effective date.
JUSTIFICATION:
This increase in discretionary spending by state agencies allows minori-
ty and women-owned businesses the opportunity to bid on contracts with-
out the financial and laborious burdens that come with following a
formal bidding process.
LEGISLATIVE HISTORY:
01/03/24 referred to governmental operations
05/10/23 referred to governmental operations
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None.
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after the effective date
of section 28 of part PP of chapter 56 of the laws of 2022 takes effect;
provided, however, that the amendments to section 163 of the state .
finance law made by section one of this act shall not affect the repeal
of such section and shall be deemed repealed therewith. Effective imme-
diately the addition, amendment and/or repeal of any rule or regulation
necessary for the implementation of this act on its effective date are
authorized to be made and completed on or before such date.
STATE OF NEW YORK
________________________________________________________________________
7243
2025-2026 Regular Sessions
IN ASSEMBLY
March 21, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the state finance law, in relation to increasing the
state discretionary buying threshold without a formal competitive
process for certain commodities from certain businesses
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 6 of section 163 of the state finance law, as
2 amended by chapter 110 of the laws of 2024, is amended to read as
3 follows:
4 6. Discretionary buying thresholds. Pursuant to guidelines established
5 by the state procurement council:
6 (a) the commissioner may purchase services and commodities for the
7 office of general services or its customer agencies serviced by the
8 office of general services business services center in an amount not
9 exceeding eighty-five thousand dollars without a formal competitive
10 process;
11 (b) state agencies may purchase services and commodities in an amount
12 not exceeding fifty thousand dollars without a formal competitive proc-
13 ess;
14 (c) state agencies may purchase commodities or services, including
15 construction services, from small business concerns, or commodities or
16 technology that are recycled or remanufactured in an amount not exceed-
17 ing one million five hundred thousand dollars without a formal compet-
18 itive process;
19 (d) state agencies may purchase commodities or services from those
20 certified pursuant to article fifteen-A of the executive law and article
21 three of the veterans' services law in an amount not exceeding seven
22 hundred fifty thousand dollars without a formal competitive process; and
23 (e) state agencies may purchase commodities that are food, including
24 milk and milk products, or animal or plant fiber products, grown,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11072-01-5
A. 7243 2
1 produced, harvested, or processed in New York state or textile products
2 manufactured from animal or plant fiber grown or produced predominantly
3 in New York state in an amount not to exceed two hundred thousand
4 dollars without a formal competitive process.
5 § 2. This act shall take effect on the sixtieth day after it shall
6 have become a law; provided, however, that the amendments to section 163
7 of the state finance law made by section one of this act shall not
8 affect the repeal of such section and shall be deemed repealed there-
9 with. Effective immediately the addition, amendment and/or repeal of any
10 rule or regulation necessary for the implementation of this act on its
11 effective date are authorized to be made and completed on or before such
12 date.
