NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A1025
SPONSOR: Bichotte Hermelyn
 
TITLE OF BILL:
An act to amend the public buildings law, in relation to prohibiting the
sale of tobacco products at vending stands leasing space and in vending
machines in a state building
 
PURPOSE OR GENERAL IDEA OF BILL:
The purpose of this bill is to make the public buildings law consistent
with other state laws and policies regarding tobacco cessation, and to
promote health, by prohibiting the sale of tobacco products in state
buildings.
 
SUMMARY OF SPECIFIC PROVISIONS:
This bill would amend paragraph (a) of subdivision 13 of section 3 of
the Public Buildings law to provide that space leased by the Commission-
er of General Services in public buildings or other premises under his
or her supervision and control shall not sell tobacco products.
This bill would also amend paragraph (b) of subdivision 13 of section 3
of the Public Buildings law to prohibit tobacco products from being sold
in vending machines at public buildings. This bill would take effect
immediately; provided, however, that the provisions would not apply to
any lease, renewal or extension of leased space entered into, or permit
for the operation of vending machine issued prior to its effective date.
 
JUSTIFICATION:
It has been widely proven that the use of tobacco products is linked to
serious disease and health risks. The United States Surgeon General has
determined that smoking causes a multitude of diseases including lung
cancer and heart disease. Cigarette smoking presents serious public
health concerns. In the late 1990s US tobacco product manufacturers
entered into a settlement agreement, entitled the "Master Settlement
Agreement," with the state. This master settlement agreement obligates
these manufacturers to pay substantial sums to the state (tied in part
to their volume of sales) in.return for a release of past, present and
certain future claims against them. Tens of millions of dollars was
included in the most recent state budget for services and expenses
related to tobacco use prevention and control programs, including grants
to support cancer research.
Additionally; Millions of dollars are allocated for services and
expenses related to tobacco enforcement, education and related activ-
ities. New York State currently has 19 Tobacco Cessation Centers that
were established to work with health care organizations and primary care
providers to implement systems to screen patients for tobacco use and
prompt providers to offer advice and assistance to quit. According to
the 2013 Independent Evaluation Report of the New York Tobacco Control
Program, reductions in tobacco use are achieved by creating a social
environment and legal climate in which tobacco becomes less desirable,
less acceptable and less accessible. The Indoor Clean Air Act has been
the law in New York since 2003.
This bill makes the public buildings law consistent with these vital
state laws and policies. This bill will not impact an individual's right
to lawfully use tobacco products at state properties, but would simply
not allow for such products to be purchased at state buildings. This
bill will not have a significant economic impact on the vendors leasing
space in state buildings because the prohibition on the sale of tobacco
products would apply to new leases and contracts. This provides ample
time for the vendors to work with OGS to determine other products that
can be sold in order to make up for lost tobacco revenue, which should
not account for a significant portion of their overall revenues.
 
PRIOR LEGISLATIVE HISTORY:
2021-22: A06813; Referred to Government Operations
2019-20: A2939; Referred to Government Operations
2017-18: A430; Referred to Government Operations
 
FISCAL IMPLICATIONS:
Minimal.
 
EFFECTIVE DATE:
This act shall take effect immediately; provided, however, that the
provisions of this act shall not apply, to any lease, renewal or exten-
sion of leased space entered into, or permit for the operation of vend-
ing machine issued prior to such effective date.
 
PURPOSE OR GENERAL IDEA OF BILL:
To allow New York City to use qualification-based criteria for awarding
certain contracts for services for the delivery method design-build
contracts.
 
SUMMARY OF PROVISIONS:
Section 1. Amends section 2 of chapter 749 of the laws of 2019 to add a
new subdivision (f) that an entity submitting a contract must submit a
statement of qualifications when an authorized entity utilizes a one-
step method.
Section 2. Establishes the process by which a design-build contract is
selected whether through a one-step or two-step method.
Section 3. Sets the effective date of such provisions.
 
JUSTIFICATION:
New York City spends an excess of $10 billion every year on capital
projects. These projects are limited by a single approach known as
design-bid-build (DBE). Instituting design-build contracts which require
qualification-based criteria for awarding certain contracts for services
would mean that the city can select the vendor that it wants before the
full scope of the project has been established. This enables more
collaboration in the earlier stages of the project which allows for more
time to examine any engineering or construction challenges.
Progressive Design-build has been implemented nationwide on public
projects including in New York State by the Department of Transportation
and other state agencies. Infrastructure projects that are more complex
are better suited for progressive design build as they often are of a
large complex scale with many unknowns. Progressive design builds help
to organize the project into manageable phases that streamline the
project and increase transparency. City agencies believe that this will
lead to at least a 10% reduction in cost and project time as well as
significant risk mitigation and alleviation of change orders.
 
PRIOR LEGISLATIVE HISTORY:
None
 
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
 
EFFECTIVE DATE:
This act shall take effect immediately; provided however that the amend-
ments to chapter 749 of the laws of 2019 made by sections one and two of
this act shall not affect the repeal of such chapter and shall be deemed
repealed therewith.
STATE OF NEW YORK
________________________________________________________________________
1025
2023-2024 Regular Sessions
IN ASSEMBLY
January 13, 2023
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the public buildings law, in relation to prohibiting the
sale of tobacco products at vending stands leasing space and in vend-
ing machines in a state building
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraphs (a) and (b) of subdivision 13 of section 3 of
2 the public buildings law, paragraph (a) as added by chapter 83 of the
3 laws of 1995 and paragraph (b) as amended by chapter 265 of the laws of
4 2013, are amended to read as follows:
5 (a) In his or her discretion, lease space in any public building or
6 other premises under his or her supervision and control, pursuant to
7 this article, to any person, firm or corporation, for the operation of
8 restaurants, retail stores, vending stands for the sale of newspapers,
9 periodicals, confections[, tobacco products] and such other articles
10 that are not tobacco products, as may be approved by the commissioner
11 for each stand, and for bootblack service. Any such lease shall be
12 subject to such terms and conditions as he or she may deem proper, but
13 for a term not exceeding five years, except that the commissioner may,
14 in his or her discretion, lease space for a term of not more than ten
15 years where extensive renovation or repair to or improvement of the
16 space is required of or by the lessee and the commissioner determines
17 that it is reasonable for the costs thereof to be amortized over a term
18 greater than five years. Nothing herein shall restrict the commissioner
19 from providing in any such lease for its renewal or extension, at the
20 commissioner's option, for terms of five years or less. However, in
21 order to provide blind persons with remunerative employment, enlarge
22 their economic opportunities and facilitate their efforts to be self-
23 supporting, whenever feasible, permits shall be given to the state
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01190-01-3
A. 1025 2
1 department of social services for the operation of vending stands and
2 machines.
3 (b) Issue to the office of children and family services a permit for
4 any of the purposes mentioned in this subdivision to be operated by a
5 blind person or persons as defined in subdivision four of section two
6 hundred eight of the social services law or for the operation of vending
7 machines and similar devices dispensing food, confections, [tobacco
8 products,] coffee, tea, milk, soft drinks and such other articles, that
9 are not tobacco products, as may be approved by him or her in consulta-
10 tion with the office of children and family services, for the benefit of
11 the general purposes of the business enterprise program for the blind of
12 the office of children and family services commission for the blind, and
13 upon such terms and conditions as the commissioner may deem proper but
14 without provision for payment of rent or other consideration for such
15 permits, and for a term not exceeding five years, which permit may be
16 extended and renewed. Such permit shall include a provision authorizing
17 the office of children and family services to assign or transfer such
18 permit to a blind person or persons, as herein referred to, for the
19 purposes aforesaid, and it shall also provide that the office of chil-
20 dren and family services shall send to the commissioner a notice of any
21 assignment or transfer as aforesaid, which notice shall contain such
22 information as the commissioner shall require. The permit and any
23 assignment or transfer thereof shall reserve (i) to the office of chil-
24 dren and family services the power of supervision over the conduct and
25 operation of the premises covered thereby and (ii) to the commissioner
26 of general services the right to revoke such permit or the assignment or
27 transfer thereof upon the mailing to the last known address of the
28 assignee or assignees a notice of such revocation to be effected within
29 such period of time as the commissioner shall deem to be reasonable.
30 § 2. This act shall take effect immediately; provided, however, that
31 the provisions of this act shall not apply to any lease, renewal or
32 extension of leased space entered into, or permit for the operation of a
33 vending machine issued prior to such effective date.