senate Bill S1799B

2009-2010 Legislative Session

Establishes state agency goal submission procedure ensuring that certified minority-owned and women-owned business enterprises are given meaningful participation

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Archive: Last Bill Status - On Floor Calendar


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Mar 04, 2010 advanced to third reading
Mar 03, 2010 2nd report cal.
amended (t) 1799b
Mar 02, 2010 1st report cal.194
Jan 06, 2010 referred to finance
Jul 16, 2009 committed to rules
amended on third reading 1799a
Jul 09, 2009 restored to third reading
substitution reconsidered
Jun 03, 2009 substituted by a4810
Jun 02, 2009 advanced to third reading
Jun 01, 2009 2nd report cal.
May 27, 2009 1st report cal.485
Feb 06, 2009 referred to finance

Bill Amendments

Original
A
B (Active)
Original
A
B (Active)

S1799 - Bill Details

See Assembly Version of this Bill:
A4810A
Law Section:
Executive Law
Laws Affected:
Add §118-a, Ec Dev L; amd §§313, 315 & 316, Exec L; amd §163, St Fin L; amd §2 879; Pub Auth L

S1799 - Bill Texts

view summary

Establishes state agency goal submission procedure; defines goal as the aim of ensuring that certified minority-owned and woman-owned business enterprises are given meaningful participation in employment; further provides for state agency compliance reporting.

view sponsor memo
BILL NUMBER: S1799

TITLE OF BILL :

An act to amend the executive law, in relation to establishing state
agency goal submission procedure


PURPOSE OR GENERAL IDEA OF BILL :

This bill would establish a procedure requiring state agencies and
authorities subject to Article 15-A of the Executive Law to submit a
goal plan and to establish compliance reporting of such goals in order
to facilitate the participation of minority-owned and women-owned
businesses on state contracts.

SUMMARY OF SPECIFIC PROVISIONS :

Section 1 would amend Section 310 of the Executive Law by adding a new
subdivision 16 to define "goal" to mean the aim that state agencies
must meet to ensure meaningful participation of minority-owned and
women owned business enterprises in employment and in the performance
of state contracts.

Section 2 would add new sections 315-a and 315-b to the Executive Law
establishing a state agency goal submission procedure, including a
provision which would require a state agency or authority to provide a
written justification for failing to set a minimum goal of 5% or for
submitting a goal lower than the prior years. section 315-a would
establish a mechanism for compliance reporting which would include an
immediate investigation and public hearings to review agencies found
to be out of compliance for eight consecutive quarters.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :

This bill would provide the Division of Minority and Women Owned
Business Enterprises a stronger method to ensure state agency
compliance with the provisions of Article 15-A of the Executive Law.

JUSTIFICATION :

In July 1988, Article 15-A of the Executive Law created the Governor's
Office of Minority and Women's Business Enterprise (MWBE) Development.
The office was created to facilitate the ability of MWBEs to secure
state contracts and increase general employment and business
opportunities for MWBES. In 1992, Article 4-A of the Economic
Development Law merged this office with the Department of Economic
Development (Empire State Development Corporation - ESDC) and renamed
it the Division of Minority and Women's Business Development.

While there have been advances made in ensuring meaningful
participation by minority-owned and women-owned businesses on state
contracts, the procedure by which the Division has reviewed, approved
and verified goal compliance appears to be haphazard and arbitrary.
This legislation provides a necessary statutory mechanism for both
goal submission and compliance with clear guidelines to facilitate
participation, including public hearings.

PRIOR LEGISLATIVE HISTORY :

A.11690 (2002), A.805 (2003-04), A.3471 (2005-06), A1311A (2007-08)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :

None.

EFFECTIVE DATE :
Immediately.
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Co-Sponsors

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S1799A - Bill Details

See Assembly Version of this Bill:
A4810A
Law Section:
Executive Law
Laws Affected:
Add §118-a, Ec Dev L; amd §§313, 315 & 316, Exec L; amd §163, St Fin L; amd §2 879; Pub Auth L

S1799A - Bill Texts

view summary

Establishes state agency goal submission procedure; defines goal as the aim of ensuring that certified minority-owned and woman-owned business enterprises are given meaningful participation in employment; further provides for state agency compliance reporting.

view sponsor memo
BILL NUMBER: S1799A

TITLE OF BILL :
An act to amend the executive law, in relation to establishing state
agency goal submission procedure

PURPOSE OR GENERAL IDEA OF BILL :
This bill would establish a procedure requiring state agencies and
authorities subject to Article 15-A of the Executive Law to submit a
goal plan and to establish compliance reporting of such goals in order
to facilitate the participation of minority-owned and women-owned
businesses on state contracts.

SUMMARY OF SPECIFIC PROVISIONS :
Section 1 would amend Section 310 of the Executive Law by adding a new
subdivision 16 to define "goal" to mean the aim that state agencies
must meet to ensure meaningful participation of minority-owned and
women owned business enterprises in employment and in the performance
of state contracts.

Section 2 would add new sections 315-a and 315-b to the Executive Law
establishing a state agency goal submission procedure. Agencies with a
budget of one hundred million dollars or more shall conduct public
hearings on their proposed goal plan prior to the submission of the
goal plan. The bill includes a provision which would require a state
agency or authority to provide a written justification for failing to
set a minimum goal of 5% or for submitting a goal lower than the prior
years. Section 315-a would establish a mechanism for compliance
reporting which would include an immediate investigation and public
hearings to review agencies found to be out of compliance for eight
consecutive quarters.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would provide the Division of Minority and Women Owned
Business Enterprises a stronger method to ensure state agency
compliance with the provisions of Article 15-A of the Executive Law.

JUSTIFICATION :
In July 1988, Article 15-A of the Executive Law created the Governor's
Office of Minority and Women's Business Enterprise (MWBE) Development.
The office was created to facilitate the ability of MWBEs to secure
state contracts and increase general employment and business
opportunities for MWBES. In 1992, Article 4-A of the Economic
Development Law merged this office with the Department of Economic
Development (Empire State Development Corporation - ESDC) and renamed
it the Division of Minority and Women's Business Development.

While there have been advances made in ensuring meaningful
participation by minority-owned and women-owned businesses on state
contracts, the procedure by which the Division has reviewed, approved
and verified goal compliance appears to be haphazard and arbitrary.
This legislation provides a necessary statutory mechanism for both
goal submission and compliance with clear guidelines to facilitate
participation, including public hearings.

PRIOR LEGISLATIVE HISTORY :
A.11690 (2002), A.805 (2003-04), A.3471 (2005-06), A.1311A (2007-08)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Minimal.

EFFECTIVE DATE :
This act shall take effect on January 1, 2010.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1799--A
    Cal. No. 485

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  ADAMS, DIAZ, HUNTLEY, KRUEGER,
  MONSERRATE, MONTGOMERY, ONORATO, OPPENHEIMER, PARKER,  PERKINS,  SAMP-
  SON,  SCHNEIDERMAN,  SERRANO,  STEWART-COUSINS, THOMPSON -- read twice
  and ordered printed, and when printed to be committed to the Committee
  on Finance -- reported favorably from said committee, ordered to first
  and second report, ordered to a third reading, substituted by Assembly
  Bill  No.  4810,  substitution  reconsidered  and  vote  reconsidered,
  restored  to  third  reading, amended and ordered reprinted, retaining
  its place in the order of third reading

AN ACT to amend the executive law, in  relation  to  establishing  state
  agency goal submission procedure

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 310 of the executive law is amended by adding a new
subdivision 18 to read as follows:
  18. "GOAL" SHALL MEAN THE AIM OF ENSURING THAT CERTIFIED MINORITY  AND
WOMEN-OWNED BUSINESS ENTERPRISES BE GIVEN THE OPPORTUNITY FOR MEANINGFUL
PARTICIPATION   IN  EMPLOYMENT  ON  AND  IN  THE  PERFORMANCE  OF  STATE
CONTRACTS.
  S 2. The executive law is amended by adding two new sections 315-a and
315-b to read as follows:
  S 315-A. STATE AGENCY GOAL SUBMISSION PROCEDURE.  ALL  STATE  AGENCIES
SHALL SUBMIT A GOAL PLAN PURSUANT TO THE FOLLOWING:
  1.  THE  AGENCY  GOAL PLAN SHALL BE SUBMITTED ANNUALLY IN SUCH FORM AS
MAY BE REQUIRED BY THE DIRECTOR, ON OCTOBER FIRST OF EACH YEAR. AGENCIES
WITH A BUDGET OF ONE HUNDRED MILLION DOLLARS OR  MORE  SHALL  CONDUCT  A
PUBLIC  MEETING  OR  A PUBLIC HEARING ON THE PROPOSED GOAL PLAN PRIOR TO
THE SUBMISSION OF THE GOAL PLAN.
  2. THE DIRECTOR SHALL NOTIFY THE STATE AGENCY IN WRITING AS TO WHETHER
ITS AGENCY GOAL PLAN IS ACCEPTED OR REJECTED BASED UPON A  DETERMINATION
AS  TO WHETHER THE PURPOSES OF THIS ARTICLE HAVE BEEN MET. IF THE DIREC-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08189-03-9

S. 1799--A                          2

TOR REJECTS AN AGENCY GOAL PLAN, THE NOTICE OF REJECTION SHALL STATE THE
REASONS FOR THE REJECTION AND ANY MODIFICATIONS TO THE AGENCY GOAL  PLAN
WHICH WOULD RENDER THE PLAN ACCEPTABLE.
  3. A STATE AGENCY SHALL SUBMIT ITS AGENCY GOAL PLAN WITHIN THIRTY DAYS
OF  RECEIPT OF A NOTICE OF REJECTION INCORPORATING RECOMMENDED MODIFICA-
TIONS OR STATING REASONS WHY MODIFICATIONS RECOMMENDED BY  THE  DIRECTOR
CANNOT BE INCORPORATED IN THE STATE AGENCY'S ANNUAL GOAL PLAN.
  4.  THE STATE AGENCY'S GOAL PLAN MAY BE, FROM TIME TO TIME, AMENDED BY
THE STATE AGENCY IN ACCORDANCE WITH THE AVAILABILITY  OF  FUNDS  TO  THE
STATE AGENCY IN A PARTICULAR FISCAL YEAR AND, UPON AMENDMENT, THE AGENCY
GOAL  PLAN  SHALL BE RESUBMITTED TO THE DIRECTOR FOR APPROVAL IN ACCORD-
ANCE WITH SUBDIVISIONS TWO AND THREE OF THIS SECTION.
  5. ANY STATE AGENCY WITH A GOAL  PLAN  FOR  MINORITY  AND  WOMEN-OWNED
BUSINESS ENTERPRISE SUBMITTED WITH A GOAL OF LESS THAN FIVE PERCENT MUST
ISSUE AN EXPLANATORY MEMORANDUM DESCRIBING THE RATIONALE FOR SUCH GOAL.
  6.  ANY  STATE AGENCY SUBMITTING A GOAL PLAN WITH A GOAL LESS THAN THE
PREVIOUS YEAR'S GOAL SHALL  CONVENE  A  PUBLIC  HEARING  NOT  LESS  THAN
FORTY-FIVE  DAYS  SUBSEQUENT  TO  THE  SUBMISSION  OF  SUCH GOAL PLAN TO
EXPLAIN WHY THE GOAL PLAN IS LESS THAN THE PREVIOUS  YEAR.  THE  MINUTES
AND  FINDINGS  OF SUCH HEARING SHALL BE FORWARDED TO THE DIVISION WITHIN
THIRTY DAYS.
  S 315-B. STATE AGENCY COMPLIANCE REPORTING. 1.  STATE  AGENCIES  SHALL
SUBMIT A COMPLIANCE REPORT IN THE FORM AND MANNER REQUIRED BY THE DIREC-
TOR  BY OCTOBER FIRST, TWO THOUSAND TEN, AND QUARTERLY THEREAFTER IN THE
FORM AND MANNER REQUIRED BY THE DIRECTOR.   THE  COMPLIANCE  REPORT  MAY
INCLUDE,  BUT  IS  NOT  LIMITED  TO, THE FOLLOWING INFORMATION REGARDING
STATE CONTRACTS AWARDED  IN  THE  INTERVAL  SINCE  THE  LAST  COMPLIANCE
REPORT:
  (A)  THE  NUMBER OF STATE CONTRACTS AWARDED, THE MAXIMUM DOLLAR AMOUNT
OBLIGATED PURSUANT TO THOSE CONTRACTS, AND TOTAL  EXPENDITURES  PURSUANT
TO ALL SUCH CONTRACTS;
  (B)  THE  NUMBER  OF STATE CONTRACTS AWARDED TO CERTIFIED MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES, THE MAXIMUM  DOLLAR  AMOUNT  OBLIGATED
PURSUANT  TO ALL THOSE CONTRACTS, AND THE TOTAL EXPENDITURES MADE PURSU-
ANT TO ALL SUCH CONTRACTS;
  (C) THE NUMBER OF STATE CONTRACTS AWARDED WHICH INCLUDE A  UTILIZATION
PLAN  FOR  BUSINESS  PARTICIPATION BY CERTIFIED MINORITY AND WOMEN-OWNED
BUSINESS ENTERPRISES, THE MAXIMUM AMOUNT  OBLIGATED  PURSUANT  TO  THOSE
CONTRACTS, AND THE TOTAL EXPENDITURE MADE TO ALL SUCH CONTRACTS;
  (D)  THE  NUMBER  OF  STATE  CONTRACTS AWARDED UPON WHICH A WAIVER WAS
GRANTED FROM GOALS REQUIRED BY THE CONTRACTS FOR BUSINESS  PARTICIPATION
BY CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES AND THE MAXI-
MUM AMOUNT OBLIGATED PURSUANT TO THOSE CONTRACTS;
  (E)  THE  NUMBER  OF  STATE CONTRACTS AWARDED WHICH REQUIRED GOALS FOR
EMPLOYMENT OF MINORITY GROUP MEMBERS AND WOMEN;
  (F) THE NUMBER OF STATE CONTRACTS AWARDED FOR WHICH WAIVERS OF EMPLOY-
MENT GOALS REQUIRED BY THE CONTRACTS HAVE BEEN GRANTED;
  (G) THE INFORMATION REQUIRED BY PARAGRAPHS (A)  THROUGH  (F)  OF  THIS
SUBDIVISION OF THE REPORTING QUARTER;
  (H)  A JUSTIFICATION OF ANY WAIVERS GRANTED PURSUANT TO PARAGRAPHS (D)
AND (F) OF THIS SUBDIVISION; AND
  (I) A STATE AGENCY DETERMINATION OF WHETHER IT IS IN  COMPLIANCE  WITH
ITS GOAL PLAN BASED ON INFORMATION PROVIDED IN THE COMPLIANCE REPORT OR,
UPON  A  STATE  AGENCY'S DETERMINATION THAT IT IS NOT IN COMPLIANCE WITH
ITS GOAL PLAN, A DESCRIPTION OF ACTIONS WHICH WILL BE  TAKEN  TO  COMPLY
WITH THE STATE AGENCY GOAL PLAN.

S. 1799--A                          3

  2.  IF  THE COMPLIANCE REPORTS SUBMITTED BY STATE AGENCIES PURSUANT TO
THIS SECTION INDICATE THAT THE STATE AGENCY HAS BEEN OUT  OF  COMPLIANCE
FOR  EIGHT  CONSECUTIVE QUARTERS, THE DIRECTOR SHALL IMMEDIATELY CONDUCT
AN INVESTIGATION AS TO THE LACK OF COMPLIANCE. SUCH INVESTIGATION  SHALL
INCLUDE,  BUT  NOT BE LIMITED TO, A PUBLIC HEARING CONVENED BY THE DIVI-
SION.  THE FINDINGS OF SUCH INVESTIGATION  SHALL  BE  FORWARDED  TO  THE
GOVERNOR,  THE  TEMPORARY  PRESIDENT  OF  THE SENATE, THE SPEAKER OF THE
ASSEMBLY, THE CHAIR OF THE NEW YORK STATE BLACK, PUERTO RICAN,  HISPANIC
AND  ASIAN  LEGISLATIVE  CAUCUS,  THE  CHAIR  OF THE LEGISLATIVE WOMEN'S
CAUCUS, THE CHAIR OF THE CONFERENCE OF BLACK SENATORS, AND THE CHAIR  OF
THE  NEW YORK STATE SENATE PUERTO RICAN/LATINO CAUCUS WITHIN THIRTY DAYS
OF THE CONCLUSION OF THE INVESTIGATION.
  S 3. This act shall take effect on January 1, 2010; provided, however,
that the amendments to  article  15-A  of  the  executive  law  made  by
sections one and two of this act shall not affect the expiration of such
article and shall be deemed to expire therewith.

Co-Sponsors

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S1799B (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A4810A
Law Section:
Executive Law
Laws Affected:
Add §118-a, Ec Dev L; amd §§313, 315 & 316, Exec L; amd §163, St Fin L; amd §2 879; Pub Auth L

S1799B (ACTIVE) - Bill Texts

view summary

Establishes state agency goal submission procedure; defines goal as the aim of ensuring that certified minority-owned and woman-owned business enterprises are given meaningful participation in employment; further provides for state agency compliance reporting.

view sponsor memo
BILL NUMBER: S1799B

TITLE OF BILL :
An act to amend the economic development law, the executive law, the
state finance law, and the public authorities law, in relation to
funding certain mandates set forth in the economic development law,
strengthening certain provisions of the executive law as it relates to
increasing procurement opportunities for minority and women-owned
business enterprises, and strengthening reporting and compliance by
state agencies and contracts within article 15-A of the executive law


PURPOSE OR GENERAL IDEA OF BILL :
This bill would amend the executive law, in relation to funding
certain MWBE technical assistance mandates and strengthening certain
provisions of Article 15-a to among other things, disallow the
practice of automatic waivers by state agencies from the requirements
of Article 15-a, require periodic public reports by state agencies and
the division regarding MWBE contract expenditures, adding additional
penalties for violations of Article 15-a, favoring contractors that
have strong diversity practices, allowing state agencies to enter into
contracts of less than $250,000 with small businesses and MWBE firms
without a competitive process.

SUMMARY OF SPECIFIC PROVISIONS :
Section 1 would create a new Section 118-a of Article 4-a of the
economic development law, to allocate not less than $15,000,000 to
fund mandates in Section 118, such as technical assistance and
enterprise assistance programs.

Section 2 would amend Subdivision 2 of Section 313 to delete language
that limits the obligations of contracting agencies under Section 313
to state contracts involving the acquisition, construction,
demolition, replacement, major repair or renovation of real property
or improvements thereon.

Section 3 would amend subdivision 4 of Section 313 of the executive
law to prohibit the ability of state agencies to give automatic waives
for noncompliance with the mandates of Article 15-a.

Section 4 would amend Section 315 of the executive law to require
contracting agencies to submit annual reports with quarterly updates
to the division for publication.

Section 5 would amend Section 315 of the executive law by giving the
director of the division the power to review and evaluate state agency
compliance with Article 15-a and, in the event of non-compliance that
lasts longer than one year following notice by the director, the
director would have the power to participate in contract decisions of
such agency until the agency is in compliance.

Section 6 would amend Section 316 of the executive law to allow the
director to impose penalties on state contractors that fail to comply
with their obligations under Article 15-a of the executive law by
allowing the director to impose penalties including the rescission of
existing state contracts and debarment.

Section 7 would amend Section 163 of the finance law to take into
diversity practices of contractors in determining "Best Value".

Section 9 would amend Section 2879 of the public authorities law to
permit state authorities to make contract awards for contracts less
than $250,000 to small businesses and minority or women-owned business
enterprises without a larger competitive process.


Section 10 would amend Section 163 of the finance law to permit state
agencies to make contract awards for contracts less than $250,000 to
small businesses and minority or women-owned business enterprises
without a larger competitive process.

Section 11 would amend Section 2879 of the public authorities law to
add financial, legal or other professional services to the definition
of professional firm.

Section 12 would amend Section 2879 of the public authorities law to
require the state authorities to hire one or more senior staff members
to oversee the authorities minority and women-owned business
enterprise programs and to facilitate contract opportunities within
such authorities for such firms.

EFFECTS OF PRESENT LAW WHICH THIS BILL WOULD ALTER :
This bill would provide the Division of Minority and Women Owned
Business Enterprises a stronger method to ensure state agency
compliance with the provisions of Article 15-A of the Executive Law.

JUSTIFICATION :
In July 1988, Article 15-A of the Executive Law created a requirement
that state agencies develop policies and programs to ensure that
minority and women-owned business enterprises receive a fair share of
state contracts and have meaningful participation in such contracts
through good faith efforts by such agencies and prime contractors.
Despite the fact that New York is one of the most diverse states in
the country, since Article 15-A was passed, New York State continues
to lag behind other states in expenditures by state agencies with
minority and women-owned enterprises. While there have been advances
made in ensuring meaningful participation by minority-owned and
women-owned businesses on state contracts, compliance with Article
15-A has been haphazard and arbitrary. This legislation provides a
necessary statutory mechanism for eliminating artificial barriers that
continue to confront minority and women-owned business enterprises,
strengthening the division's ability to provide oversight, creating
sanctions for serious non-compliance and the creation of public
reporting regime to facilitate the sharing of information about
opportunities and compliance. The amendments proposed are intended to
strengthen Article 15-A in the ways described, which will have the
direct effect of stimulating economic development in the state and
enhancing job creation, especially in communities with large
populations of minorities and/or women.

PRIOR LEGISLATIVE HISTORY :
A.11690 (2002), A.805 (2003-04), A.3471 (2005-06), A.1311A (2007-08)

FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS :
Minimal.

EFFECTIVE DATE :
This act shall take effect on the ninetieth day following its passage.
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                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 1799--B
    Cal. No. 194

                       2009-2010 Regular Sessions

                            I N  S E N A T E

                            February 6, 2009
                               ___________

Introduced  by  Sens.  HASSELL-THOMPSON,  ADAMS, DIAZ, HUNTLEY, KRUEGER,
  MONTGOMERY, ONORATO, OPPENHEIMER, PARKER, PERKINS, SAMPSON, SCHNEIDER-
  MAN, SERRANO, STEWART-COUSINS, THOMPSON  --  read  twice  and  ordered
  printed,  and when printed to be committed to the Committee on Finance
  -- reported favorably from said committee, ordered to first and second
  report, ordered to a third reading, substituted by Assembly  Bill  No.
  4810,  substitution  reconsidered  and  vote reconsidered, restored to
  third reading, amended and ordered reprinted, retaining its  place  in
  the  order of third reading -- recommitted to the Committee on Finance
  in accordance with Senate Rule 6, sec. 8 --  reported  favorably  from
  said  committee,  ordered  to  first  report, amended on first report,
  ordered to a second report and ordered reprinted, retaining its  place
  in the order of second report

AN  ACT  to  amend  the economic development law, the executive law, the
  state finance law, and the public  authorities  law,  in  relation  to
  funding  certain  mandates  set forth in the economic development law,
  strengthening certain provisions of the executive law as it relates to
  increasing procurement  opportunities  for  minority  and  women-owned
  business  enterprises,  and  strengthening reporting and compliance by
  state agencies and contracts within article 15-A of the executive law

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  The  economic  development law is amended by adding a new
section 118-a to read as follows:
  S 118-A. FUNDING OF MANDATES. NOT LESS THAN FIFTEEN MILLION DOLLARS OF
MONIES FROM THE BUDGET OF  THE  EMPIRE  STATE  DEVELOPMENT  CORPORATION,
FOLLOWING  APPROPRIATION  BY  THE  LEGISLATURE  FOR THIS PURPOSE AND THE
FURTHER ALLOCATION BY THE COMMISSIONER, SHALL BE MADE AVAILABLE ANNUALLY
TO FUND THE MANDATES SET FORTH IN SECTION ONE HUNDRED EIGHTEEN  OF  THIS
ARTICLE,  SPECIFICALLY  INCLUDING  THE PROVISION OF TECHNICAL ASSISTANCE

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08189-09-0

S. 1799--B                          2

AND ENTERPRISE  ASSISTANCE  PROGRAMS  PURSUANT  TO  SUBDIVISIONS  SEVEN,
EIGHT, NINE AND TEN OF SECTION ONE HUNDRED EIGHTEEN OF THIS ARTICLE.
  S  2.  Subdivision  2 of section 313 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
  2. Contracting agencies shall include or require to be  included  with
respect  to  state contracts [for the acquisition, construction, demoli-
tion, replacement, major repair  or  renovation  of  real  property  and
improvements thereon,] such provisions as may be necessary to effectuate
the  provisions  of  this  section  in every bid specification and state
contract, including,  but  not  limited  to:  (a)  provisions  requiring
contractors  to make a good faith effort to solicit active participation
by enterprises KNOWN TO BE CERTIFIED MINORITY  OR  WOMEN-OWNED  BUSINESS
ENTERPRISES  OR  identified  in  the  directory  of certified businesses
provided to the contracting agency by  the  office;  (b)  requiring  the
parties  to  agree  as a condition of entering into such contract, to be
bound by the provisions of section three hundred sixteen of  this  arti-
cle;  and  (c)  requiring  the  contractor to include the provisions set
forth in paragraphs (a) and (b) [above] OF  THIS  SUBDIVISION  in  every
subcontract  in  a  manner that the provisions will be binding upon each
subcontractor as to work in connection  with  such  contract.  Provided,
however,  that  no  such provisions shall be binding upon contractors or
subcontractors in the performance of work or the provision  of  services
that  are  unrelated,  separate  or  distinct from the state contract as
expressed by its terms, and nothing in this section shall authorize  the
director  or  any  contracting  agency  to  impose  any requirement on a
contractor or subcontractor except with respect to a state contract.
  S 3. Paragraph (a) of subdivision 4 of section 313  of  the  executive
law,  as  amended by chapter 429 of the laws of 2009, is amended to read
as follows:
  (a) Contracting agencies shall administer the  rules  and  regulations
promulgated  by the director to ensure compliance with the provisions of
this section. Such rules and regulations: shall require a contractor  to
submit a utilization plan after bids are opened, when bids are required,
but  prior to the award of a state contract; shall require the contract-
ing agency to review the utilization plan submitted  by  the  contractor
and  to  post  the utilization plan and any waivers of compliance issued
pursuant to subdivision five of this  section  on  the  website  of  the
contracting  agency within a reasonable period of time as established by
the director;  shall  require  the  contracting  agency  to  notify  the
contractor  in writing within a period of time specified by the director
as to any deficiencies contained in the contractor's  utilization  plan;
shall  require  remedy  thereof within a period of time specified by the
director; shall require the contractor  to  submit  periodic  compliance
reports  relating to the operation and implementation of any utilization
plan; shall NOT ALLOW ANY AUTOMATIC WAIVERS, BUT SHALL allow a  contrac-
tor  to  apply  for a partial or total waiver of the minority and women-
owned business enterprise participation requirements pursuant to  subdi-
visions five and six of this section; shall allow a contractor to file a
complaint  with  the  director  pursuant  to  subdivision  seven of this
section in the event a contracting agency has failed or refused to issue
a waiver of the minority and  women-owned  business  enterprise  partic-
ipation  requirements or has denied such request for a waiver; and shall
allow a contracting agency to file a complaint with the director  pursu-
ant  to  subdivision  eight of this section in the event a contractor is
failing or has failed to comply with the minority and women-owned  busi-

S. 1799--B                          3

ness  enterprise  participation  requirements  set  forth  in  the state
contract where no waiver has been granted.
  S  4.  Subdivision  3 of section 315 of the executive law, as added by
chapter 261 of the laws of 1988, is amended to read as follows:
  3. Each contracting agency shall report to the director  with  respect
to activities undertaken to promote employment of minority group members
and women and promote and increase participation by certified businesses
with respect to state contracts and subcontracts. [Such reports shall be
submitted  periodically as required by the director.] SUCH REPORTS SHALL
BE SUBMITTED ON AN  ANNUAL  BASIS  WITH  QUARTERLY  UPDATES,  AND  SHALL
INCLUDE  SUCH  INFORMATION AS IS NECESSARY FOR THE DIRECTOR TO DETERMINE
SUCH CONTRACTING AGENCIES  AND  ITS  CONTRACTORS'  COMPLIANCE  WITH  THE
PURPOSES  OF  THIS ARTICLE AND SUCH SPECIFIC INFORMATION AS THE DIRECTOR
MAY REQUEST, INCLUDING, WITHOUT LIMITATION, A SUMMARY OF ALL WAIVERS  OF
THE  REQUIREMENTS  OF SUBDIVISIONS FIVE AND SIX OF SECTION THREE HUNDRED
THIRTEEN OF THIS ARTICLE ALLOWED BY SUCH CONTRACTING AGENCY  DURING  THE
PERIOD  COVERED  BY  THE REPORT, INCLUDING A DESCRIPTION OF THE BASIS OF
THE WAIVER REQUEST AND THE CONTRACTING AGENCIES RATIONALE  FOR  GRANTING
ANY SUCH WAIVER.
  S  5.  Section  315  of the executive law is amended by adding two new
subdivisions 4 and 5 to read as follows:
  4. EACH STATE AGENCY, AUTHORITY OR MEMBER CORPORATION'S PERFORMANCE IN
ACHIEVING THE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION
AND OTHER DIVERSITY GOALS ESTABLISHED BY THIS ARTICLE SHALL  BE  PERIOD-
ICALLY  REVIEWED  AND  EVALUATED  BY THE DIRECTOR. IN THE EVENT THAT THE
DIRECTOR FINDS THAT A STATE AGENCY, AUTHORITY OR MEMBER CORPORATION  HAS
NOT  MADE  REASONABLE,  GOOD  FAITH EFFORTS TO SET OR ACHIEVE REASONABLE
DIVERSITY GOALS FOR A PERIOD OF ONE YEAR FOLLOWING NOTICE OF NON-COMPLI-
ANCE BY THE DIRECTOR, THEN THE DIRECTOR SHALL HAVE THE POWER TO  PARTIC-
IPATE IN THE CONTRACTING APPROVAL PROCESS OF SUCH STATE AGENCY, AUTHORI-
TY  OR  MEMBER  CORPORATION  UNTIL  SUCH TIME AS THE DIRECTOR DEEMS SUCH
STATE AGENCY, AUTHORITY OR MEMBER CORPORATION TO BE IN  COMPLIANCE  WITH
THIS  ARTICLE.  SUCH  POWER SHALL INCLUDE THE RIGHT TO PREVENT ANY STATE
AGENCY, AUTHORITY OR MEMBER CORPORATION DEEMED TO  BE  NON-COMPLIANT  AS
SET  FORTH  ABOVE  FROM  MAKING  CONTRACT AWARDS UNLESS THE DIRECTOR HAS
DEEMED SUCH AWARD TO BE IN COMPLIANCE WITH THIS ARTICLE.
  5. THE DIVISION OF MINORITY AND WOMEN-BUSINESS DEVELOPMENT SHALL ISSUE
AN ANNUAL REPORT WHICH: (A) SUMMARIZES ALL REPORTS SUBMITTED  TO  IT  BY
EACH  CONTRACTING  AGENCY PURSUANT TO SUBDIVISION THREE OF THIS SECTION;
(B) CONTAINS SUCH COMPARATIVE OR OTHER INFORMATION AS THE DIRECTOR DEEMS
APPROPRIATE TO EVALUATE THE EFFECTIVENESS OF THE  ACTIVITIES  UNDERTAKEN
BY  EACH  SUCH  CONTRACTING AGENCY TO PROMOTE INCREASED PARTICIPATION BY
CERTIFIED BUSINESSES WITH RESPECT TO STATE CONTRACTS  AND  SUBCONTRACTS;
(C)  CONTAINS  A  SUMMARY OF ALL WAIVERS OF THE REQUIREMENTS OF SUBDIVI-
SIONS FIVE AND SIX OF SECTION THREE HUNDRED  THIRTEEN  OF  THIS  ARTICLE
ALLOWED  BY  EACH  CONTRACTING  AGENCY  DURING THE PERIOD COVERED BY THE
REPORT, INCLUDING A DESCRIPTION OF THE BASIS OF THE WAIVER  REQUEST  AND
THE  CONTRACTING  AGENCIES'  RATIONALE FOR GRANTING ANY SUCH WAIVER; AND
(D) CONTAINS A SUMMARY OF (I) ALL DETERMINATIONS OF VIOLATIONS  OF  THIS
ARTICLE  BY  A CONTRACTOR OR A CONTRACTING AGENCY MADE DURING THE PERIOD
COVERED BY THE ANNUAL REPORT AND (II) THE PENALTIES OR SANCTION, IF ANY,
ASSESSED IN CONNECTION WITH SUCH DETERMINATION  AND  THE  RATIONALE  FOR
SUCH  PENALTIES  OR  SANCTIONS.  COPIES  OF  THE  ANNUAL REPORT SHALL BE
PROVIDED TO THE COMMISSIONER, GOVERNOR, THE SPEAKER OF THE ASSEMBLY, THE
TEMPORARY PRESIDENT OF THE SENATE AND SHALL ALSO BE MADE  WIDELY  AVAIL-
ABLE  TO THE PUBLIC, INCLUDING BY PUBLICATION ON A WEBSITE MAINTAINED BY

S. 1799--B                          4

THE DIVISION. THE DIVISION OF MINORITY  AND  WOMEN-BUSINESS  DEVELOPMENT
SHALL  PUBLISH  THE  QUARTERLY  UPDATES  RECEIVED  FROM  STATE  AGENCIES
REFERRED TO IN SUBDIVISION THREE OF THIS SECTION ON  THE  WEBSITE  MAIN-
TAINED BY THE DIVISION.
  S  6. Section 316 of the executive law, as added by chapter 261 of the
laws of 1988, is amended to read as follows:
  S 316. Enforcement. Upon receipt by the director of a complaint  by  a
contracting  agency  that  a contractor has violated the provisions of a
state contract which have been included to comply with the provisions of
this article or of a contractor that a contracting agency  has  violated
such provisions or has failed or refused to issue a waiver where one has
been  applied  for pursuant to subdivision five of section three hundred
thirteen of this article or has denied such  application,  the  director
shall  attempt  to  resolve the matter giving rise to such complaint. If
efforts to resolve such matter to the satisfaction of  all  parties  are
unsuccessful, the director shall refer the matter, within thirty days of
the  receipt  of  the complaint, to the American Arbitration Association
for proceeding thereon. Upon conclusion of the arbitration  proceedings,
the  arbitrator  shall submit to the director his or her award regarding
the alleged violation of the contract and recommendations regarding  the
imposition  of sanctions, fines or penalties. The director shall either:
(a) adopt the recommendation of the arbitrator; or (b) determine that no
sanctions, fines or penalties should  be  imposed;  or  (c)  modify  the
recommendation  of the arbitrator, provided that such modification shall
not expand upon any sanction recommended or impose any new sanction,  or
increase  the  amount  of any recommended fine or penalty. The director,
within ten days of receipt of the  arbitrator's  award  and  recommenda-
tions,  shall file a determination of such matter and shall cause a copy
of such determination along with a copy of this  article  to  be  served
upon  the  respondent  by  personal  service or by certified mail return
receipt requested. The award of the arbitrator shall be  final  and  may
only  be  vacated or modified as provided in article seventy-five of the
civil practice law and rules upon an application made  within  the  time
provided  by  section  seventy-five hundred eleven of the civil practice
law and rules. The determination of the director as to the imposition of
any fines, sanctions or penalties shall be reviewable pursuant to  arti-
cle  seventy-eight of the civil practice law and rules.  IF A CONTRACTOR
HAS BEEN DETERMINED TO BE IN SERIOUS VIOLATION OF THE PROVISIONS OF THIS
ARTICLE, THE PENALTIES IMPOSED FOR ANY SUCH VIOLATION MAY INCLUDE, WITH-
OUT LIMITATION, THE RESCISSION OF ANY CONTRACT AWARD BY A  STATE  AGENCY
AND DEBARMENT FROM STATE CONTRACT AWARDS FOR A PERIOD NOT TO EXCEED FOUR
YEARS OF THE FINAL DETERMINATION.
  S 7.  Paragraph j of subdivision 1 of section 163 of the state finance
law,  as  added by chapter 83 of the laws of 1995, is amended to read as
follows:
  j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among  respon-
sive  and  responsible  offerers  AND  WHICH ALSO TAKES INTO ACCOUNT THE
DIVERSITY PRACTICES OF EACH OFFERER. Such basis shall reflect,  wherever
possible, objective and quantifiable analysis.
  S 8.  Subdivision 1 of section 163 of the state finance law is amended
by adding a new paragraph k to read as follows:
  K.  "DIVERSITY  PRACTICES"  MEANS THE OFFERER'S PRACTICES WITH RESPECT
TO: (I) APPOINTING, HIRING AND  RETAINING  MINORITY  GROUP  MEMBERS  (AS
DEFINED  IN  ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW) AND WOMEN IN SENIOR
MANAGEMENT POSITIONS OF THE OFFERER, INCLUDING AT THE LEVEL OF BOARD  OF

S. 1799--B                          5

DIRECTORS  OR ITS COMPARABLE MANAGEMENT LEVEL BODY, AND AS SENIOR EXECU-
TIVE OFFICERS WITHIN THE OFFERER'S ORGANIZATION; (II)  HIRING,  TRAINING
DEVELOPING,  PROMOTING  AND  RETAINING  MINORITY GROUP MEMBERS AND WOMEN
EMPLOYEES;  (III)  UTILIZING CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS
ENTERPRISES, AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR ANY
OTHER STATUTES OR REGULATIONS GOVERNING THE  PARTICIPATION  OF  MINORITY
AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  IN CONTRACTS AWARDED BY A STATE
AGENCY OR OTHER PUBLIC CORPORATION,  AS  SUBCONTRACTORS  AND  SUPPLIERS;
(IV)  ENTERING  INTO  PARTNERSHIPS,  JOINT  VENTURES  OR  OTHER  SIMILAR
ARRANGEMENTS WITH CERTIFIED MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTER-
PRISES  AS  DEFINED  IN  ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR OTHER
APPLICABLE STATUTE OR REGULATION GOVERNING AN  ENTITY'S  UTILIZATION  OF
MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISES; AND (V) UTILIZING SUBCON-
TRACTORS OR OTHER PARTNERS THAT DEMONSTRATE A SIGNIFICANT COMMITMENT  TO
AND  PROGRESS  IN  ATTRACTING,  RETAINING  AND  PROMOTING DIVERSE TEAMS,
INCLUDING MINORITY GROUP MEMBERS AND WOMEN WITH RELEVANT DOMAIN  EXPERI-
ENCE IN SENIOR MANAGEMENT OR STAFFING POSITIONS.
  S  9.  Subparagraph  (i)  of paragraph (b) of subdivision 3 of section
2879 of the public authorities law, as amended by chapter 45 of the laws
of 1994, is amended to read as follows:
  (i) for the selection of such contractors on a competitive basis,  and
provisions  relating  to  the circumstances under which the board may by
resolution waive competition;  PROVIDED  HOWEVER,  THE  CORPORATION  MAY
PURCHASE  GOODS OR SERVICES FROM SMALL BUSINESS CONCERNS OR THOSE CERTI-
FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, OR GOODS OR  TECH-
NOLOGY  THAT  ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT EXCEEDING
TWO HUNDRED FIFTY THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS;
  S 10.   Subdivision 6 of section 163 of  the  state  finance  law,  as
amended  by  section  3  of part D of chapter 56 of the laws of 2006, is
amended to read as follows:
  6. Discretionary buying thresholds. Pursuant to guidelines established
by the state procurement council: the commissioner may purchase services
and commodities in an amount not exceeding eighty-five thousand  dollars
without  a  formal  competitive  process;  state  agencies  may purchase
services and commodities in  an  amount  not  exceeding  fifty  thousand
dollars  without  a  formal  competitive process; and state agencies may
purchase commodities or services from small business concerns  or  those
certified  AS  MINORITY  OR WOMEN-OWNED BUSINESS ENTERPRISES pursuant to
article fifteen-A of the executive law,  or  commodities  or  technology
that  are  recycled  or remanufactured, in an amount not exceeding [one]
TWO hundred FIFTY thousand dollars without a formal competitive process.
  S 11. The opening paragraph of subparagraph (iv) of paragraph  (b)  of
subdivision  3 of section 2879 of the public authorities law, as amended
by chapter 383 of the laws of 1994, is amended to read as follows:
  as used in this subparagraph, the term "professional  firm"  shall  be
defined  as  any  individual or sole proprietorship, partnership, corpo-
ration, association, or other legal entity permitted by law to  practice
the  professions  [of  architecture,  engineering or surveying] OR OFFER
SERVICES RELATED TO ACCOUNTING, ARCHITECTURE,  ASSET  MANAGEMENT,  ENGI-
NEERING, SURVEYING, FINANCIAL, LEGAL OR OTHER PROFESSIONAL SERVICES.
  S  12.  Paragraphs (f), (g), (h), (i), (j) and (k) of subdivision 3 of
section 2879 of the public authorities  law  are  renumbered  paragraphs
(l),  (m),  (n), (o), (p) and (q), and six new paragraphs (f), (g), (h),
(i), (j) and (k) are added to read as follows:
  (F) REQUIREMENTS FOR THE APPOINTMENT OF ONE OR MORE  SENIOR  STAFF  OF
THE  CORPORATION  TO  OVERSEE  THE CORPORATION'S PROGRAMS ESTABLISHED TO

S. 1799--B                          6

PROMOTE AND ASSIST: (I) PARTICIPATION BY MINORITY OR  WOMEN-OWNED  BUSI-
NESS  ENTERPRISES  IN  THE  CORPORATION'S  PROCUREMENT OPPORTUNITIES AND
FACILITATION OF THE AWARD OF A FAIR SHARE OF  PROCUREMENT  CONTRACTS  TO
SUCH  ENTERPRISES; (II) THE UTILIZATION OF CERTIFIED MINORITY AND WOMEN-
OWNED BUSINESS ENTERPRISES AS SUBCONTRACTORS AND SUPPLIERS  BY  ENTITIES
HAVING  PROCUREMENT CONTRACTS WITH THE CORPORATION; AND (III) THE UTILI-
ZATION OF PARTNERSHIPS, JOINT VENTURES  OR  OTHER  SIMILAR  ARRANGEMENTS
BETWEEN  CERTIFIED  MINORITY  AND  WOMEN-OWNED  BUSINESS ENTERPRISES AND
OTHER ENTITIES HAVING PROCUREMENT CONTRACTS WITH THE  CORPORATION.  SUCH
STAFF SHALL HAVE A BACKGROUND IN THE TYPES OF GOODS OR SERVICES, INCLUD-
ING,  WITHOUT  LIMITATION,  CONSTRUCTION, REAL ESTATE, FINANCIAL, INSUR-
ANCE, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES,  AS  APPLICABLE,
TO  BE  PROCURED  BY  THE  CORPORATION  AND SHALL REPORT DIRECTLY TO THE
CORPORATION'S EXECUTIVE DIRECTOR, PRESIDENT OR CHIEF EXECUTIVE OFFICER.
  (G) REQUIREMENTS FOR PROVIDING NOTICE, IN ADDITION TO ANY OTHER NOTICE
OF PROCUREMENT OPPORTUNITIES REQUIRED BY  LAW,  TO  APPROPRIATE  PROFES-
SIONAL AND OTHER ORGANIZATIONS THAT SERVE MINORITY AND WOMEN-OWNED BUSI-
NESS  ENTERPRISES PROVIDING THE TYPES OF SERVICES PROCURED BY THE CORPO-
RATION.
  (H) PROCEDURES FOR MAINTAINING LISTS OF QUALIFIED MINORITY AND  WOMEN-
OWNED  BUSINESS  ENTERPRISES  AND  OTHER  PROFESSIONAL  FIRMS  THAT HAVE
EXPRESSED AN INTEREST IN DOING BUSINESS WITH THE CORPORATION AND  ENSUR-
ING  THAT  SUCH  LISTS ARE UPDATED REGULARLY. THE CORPORATION SHALL ALSO
CONSULT THE LISTS OF CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS  ENTER-
PRISES  MAINTAINED BY THE DEPARTMENT OF ECONOMIC DEVELOPMENT PURSUANT TO
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW.
  (I) THE ESTABLISHMENT OF APPROPRIATE GOALS FOR PARTICIPATION BY MINOR-
ITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  IN  PROCUREMENT  CONTRACTS
AWARDED BY THE CORPORATION AND FOR THE UTILIZATION OF MINORITY AND WOMAN
ENTERPRISES  AS SUBCONTRACTORS AND SUPPLIERS BY ENTITIES HAVING PROCURE-
MENT CONTRACTS WITH THE CORPORATION.
  (J) THE CONDUCT OF PROCUREMENTS IN  A  MANNER  THAT  WILL  ENABLE  THE
CORPORATION  TO  ACHIEVE THE GOALS ESTABLISHED PURSUANT TO PARAGRAPH (G)
OF THIS SUBDIVISION AND THAT ELIMINATES  BARRIERS  TO  PARTICIPATION  BY
MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  IN  THE CORPORATION'S
PROCUREMENTS.
  (K)  REQUIREMENTS  THAT  THE  EVALUATION  CRITERIA  FOR  AWARDING  ANY
PROCUREMENT  CONTRACT OTHER THAN CONTRACTS REQUIRED BY LAW TO BE AWARDED
TO THE LOWEST RESPONSIBLE BIDDER PURSUANT  TO  SEALED  BIDS  INCLUDE  AN
ASSESSMENT  OF  THE PROPOSER'S DIVERSITY PRACTICES. FOR PURPOSES OF THIS
PARAGRAPH, "DIVERSITY PRACTICES" SHALL  MEAN  THE  PROPOSER'S  PRACTICES
WITH  RESPECT  TO:  (I)  APPOINTING, HIRING AND RETAINING MINORITY GROUP
MEMBERS (AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW) AND WOMEN
IN SENIOR MANAGEMENT POSITIONS OF THE OFFERER, INCLUDING AT THE LEVEL OF
BOARD OF DIRECTORS OR ITS  COMPARABLE  MANAGEMENT  LEVEL  BODY,  AND  AS
SENIOR  EXECUTIVE  OFFICERS  WITHIN  THE  OFFERER'S  ORGANIZATION;  (II)
HIRING, TRAINING DEVELOPING,  PROMOTING  AND  RETAINING  MINORITY  GROUP
MEMBERS  AND  WOMEN  EMPLOYEES;  (III)  UTILIZING CERTIFIED MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES, AS DEFINED IN ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW OR ANY OTHER STATUTES OR REGULATIONS GOVERNING THE PARTIC-
IPATION OF MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISES  IN  CONTRACTS
AWARDED BY A STATE AGENCY OR OTHER PUBLIC CORPORATION, AS SUBCONTRACTORS
AND  SUPPLIERS; (IV) ENTERING INTO PARTNERSHIPS, JOINT VENTURES OR OTHER
SIMILAR ARRANGEMENTS WITH THE CERTIFIED MINORITY AND  WOMEN-OWNED  BUSI-
NESS ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR
OTHER APPLICABLE STATUTE OR REGULATION GOVERNING AN ENTITY'S UTILIZATION

S. 1799--B                          7

OF  MINORITY  OR  WOMEN-OWNED  BUSINESS  ENTERPRISES;  AND (V) UTILIZING
SUBCONTRACTORS OR OTHER PARTNERS THAT DEMONSTRATES A SIGNIFICANT COMMIT-
MENT TO AND PROGRESS IN  ATTRACTING,  RETAINING  AND  PROMOTING  DIVERSE
TEAMS,  INCLUDING  MINORITY GROUP MEMBERS AND WOMEN WITH RELEVANT DOMAIN
EXPERIENCE IN SENIOR MANAGEMENT OR STAFFING POSITIONS.
  IN THE CASE OF CONTRACTS REQUIRED BY LAW TO BE AWARDED TO  THE  LOWEST
RESPONSIBLE  BIDDER  PURSUANT  TO  SEALED BIDS, IN THE EVENT OF DETERMI-
NATION THAT TWO OR MORE BIDDERS HAVE  PROVIDED  BIDS  THAT  ARE  ROUGHLY
EQUAL  ANY  DETERMINATION  OF  RESPONSIBILITY  OR  OTHER  "TIE BREAKING"
FACTORS SHALL TAKE INTO ACCOUNT THE RESPECTIVE BIDDERS RECORD OF COMPLI-
ANCE UNDER ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW  OR  OTHER  APPLICABLE
STATUTES  OR  REGULATIONS  GOVERNING  THE  PARTICIPATION OF MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES IN CONTRACTS AWARDED BY A STATE  AGENCY
OR OTHER PUBLIC CORPORATION.
  S  13. Subdivision 6 of section 2879 of the public authorities law, as
amended by chapter 844 of the laws  of  1992,  is  amended  to  read  as
follows:
  6. Each corporation, as part of the guidelines established pursuant to
subdivision  three  of  this section, shall establish policies regarding
the preparation of publicly available reports on  procurement  contracts
entered  into  by  such corporation. Such policies shall provide, at the
minimum, for the preparation of a report [no less frequently than  annu-
ally]  TO BE PUBLISHED ON AN ANNUAL BASIS WITH QUARTERLY UPDATES, summa-
rizing procurement activity by such corporation for the  period  of  the
report,  including  a listing of all procurement contracts entered into,
all contracts entered into with New York state business enterprises  and
the  subject  matter  and value thereof, ALL CONTRACTS ENTERED INTO WITH
MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES AND THE SUBJECT MATTER  AND
VALUE  THEREOF,  ALL  REFERRALS  MADE  PURSUANT TO SECTION THREE HUNDRED
SIXTEEN OF THE EXECUTIVE LAW, all contracts entered  into  with  foreign
business  enterprises,  and  the  subject  matter and value thereof, the
selection process used  to  select  such  contractors,  all  procurement
contracts which were exempt from the publication requirements of article
four-C of the economic development law, the basis for any such exemption
and  the  status  of  existing  procurement contracts.   WITH RESPECT TO
CONTRACTS ENTERED INTO WITH  MINORITY  OR  WOMEN-OWNED  BUSINESS  ENTER-
PRISES, SUCH CORPORATION SHALL MAKE REPORTS TO THE DIVISION AS SET FORTH
IN SECTION THREE HUNDRED FIFTEEN OF THE EXECUTIVE LAW.
  S  14. Severability clause. If any clause, sentence, paragraph, subdi-
vision, section or part of this act shall be adjudged by  any  court  of
competent  jurisdiction  to  be invalid, such judgment shall not affect,
impair, or invalidate the remainder thereof, but shall  be  confined  in
its  operation  to the clause, sentence, paragraph, subdivision, section
or part thereof directly involved in the controversy in which such judg-
ment shall have been rendered. It is hereby declared to be the intent of
the legislature that this act would  have  been  enacted  even  if  such
invalid provision had not been included herein.
  S  15.  This act shall take effect on the ninetieth day after it shall
have become a law; provided that the amendments to article 15-A  of  the
executive  law  made  by sections two, three, four, five and six of this
act shall not affect the expiration of such article and shall be  deemed
expired  therewith;  and provided further that the amendments to section
163 of the state finance law made by sections seven, eight, and  ten  of
this  act  shall  not affect the repeal of such section and shall expire
and be deemed repealed therewith.

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