S T A T E   O F   N E W   Y O R K
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                                  10622

                          I N  A S S E M B L Y

                              June 8, 2016
                               ___________

Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Bronson) --
  read once and referred to the Committee on Governmental Operations

AN ACT to amend the executive law, in relation to participation by LGBT,
  disability  and  veteran-owned  businesses  in  state  contracts;  and
  providing for the repeal of such provisions upon expiration thereof

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

  Section 1. Short title. This act shall be known as "The New York State
Supplier Diversity Act."
  S 2. The executive law is amended by adding a new article 17-C to read
as follows:
                              ARTICLE 17-C
          SUPPLIER DIVERSITY IN STATE CONTRACTING OPPORTUNITIES
SECTION 369-M. DEFINITIONS.
        369-N. DIVISION OF SUPPLIER DIVERSITY.
        369-O. OPPORTUNITIES FOR CERTIFIED LGBT, DISABILITY  AND  VETER-
                 AN-OWNED BUSINESS ENTERPRISES.
        369-P. SEVERABILITY.
  S  369-M.  DEFINITIONS.  AS  USED IN THIS ARTICLE, THE FOLLOWING TERMS
SHALL HAVE THE FOLLOWING MEANINGS:
  1. "CERTIFIED LGBT, DISABILITY, OR VETERAN-OWNED BUSINESS  ENTERPRISE"
SHALL MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PART-
NERSHIP, LIMITED LIABILITY COMPANY OR CORPORATION THAT IS:
  (A)  AT LEAST FIFTY-ONE PERCENT OWNED BY ONE OR MORE LGBT INDIVIDUALS,
DISABLED INDIVIDUALS OR VETERANS;
  (B) AN ENTERPRISE IN WHICH SUCH LGBT, DISABILITY OR VETERAN  OWNERSHIP
IS REAL, SUBSTANTIAL, AND CONTINUING;
  (C)  AN ENTERPRISE IN WHICH SUCH LGBT, DISABILITY OR VETERAN OWNERSHIP
HAS AND EXERCISES THE AUTHORITY TO CONTROL INDEPENDENTLY THE  DAY-TO-DAY
BUSINESS DECISIONS OF THE ENTERPRISE;
  (D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS STATE AND WHICH IS
INDEPENDENTLY OWNED AND OPERATED;
  (E)  AN  ENTERPRISE  THAT  IS A SMALL BUSINESS WHICH HAS A SIGNIFICANT
BUSINESS PRESENCE IN THE STATE, NOT DOMINANT IN ITS FIELD  AND  EMPLOYS,

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

                                                           LBD14683-03-6

A. 10622                            2

BASED  ON ITS INDUSTRY, A CERTAIN NUMBER OF PERSONS AS DETERMINED BY THE
DIRECTOR, BUT NOT TO EXCEED THREE  HUNDRED,  TAKING  INTO  CONSIDERATION
FACTORS  WHICH  INCLUDE,  BUT ARE NOT LIMITED TO, FEDERAL SMALL BUSINESS
ADMINISTRATION  STANDARDS PURSUANT TO 13 CFR PART 121 AND ANY AMENDMENTS
THERETO; AND
  (F) CERTIFIED BY THE  OFFICE  OF  GENERAL  SERVICES,  OR  AN  APPROVED
THIRD-PARTY AGENCY PURSUANT TO SUBDIVISION FIVE OF SECTION THREE HUNDRED
SIXTY-NINE-N OF THIS ARTICLE.
  2. "COMMISSIONER" SHALL MEAN THE COMMISSIONER OF THE OFFICE OF GENERAL
SERVICES.
  3.  "DIRECTOR"  SHALL  MEAN  THE  DIRECTOR OF THE DIVISION OF SUPPLIER
DIVERSITY.
  4. "DISABLED INDIVIDUAL" SHALL MEAN A PERSON WHO HAS PHYSICAL,  MENTAL
OR  MEDICAL  IMPAIRMENT  FROM  ANATOMICAL, PHYSIOLOGICAL OR NEUROLOGICAL
CONDITIONS WHICH PREVENTS THE EXERCISE OF A NORMAL BODILY FUNCTION OR IS
DEMONSTRABLE BY MEDICALLY ACCEPTED  CLINICAL  OR  LABORATORY  DIAGNOSTIC
TECHNIQUES.
  5.  "DIVISION"  SHALL  MEAN  THE DIVISION OF SUPPLIER DIVERSITY IN THE
OFFICE OF GENERAL SERVICES.
  6. "LGBT INDIVIDUAL" SHALL MEAN A PERSON WHO  IDENTIFIES  AS  LESBIAN,
GAY, BISEXUAL OR TRANSGENDER.
  7. "STATE AGENCY" SHALL MEAN: (A)(I) ANY STATE DEPARTMENT; OR (II) ANY
DIVISION,  BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT; OR (III)
THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW  YORK,
INCLUDING  ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
INDEPENDENT INSTITUTIONS OPERATING STATUTORY  OR  CONTRACT  COLLEGES  ON
BEHALF  OF  THE  STATE; OR (IV) A BOARD, A MAJORITY OF WHOSE MEMBERS ARE
APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING STATE OFFICERS
OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF  PARAGRAPH
(I)  OF  SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS
LAW.
  (B) A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION  TWO
OF THE PUBLIC AUTHORITIES LAW, AND THE FOLLOWING:
  ALBANY COUNTY AIRPORT AUTHORITY;
  ALBANY PORT DISTRICT COMMISSION;
  ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
  BATTERY PARK CITY AUTHORITY;
  CAYUGA COUNTY WATER AND SEWER AUTHORITY;
  (NELSON  A.  ROCKEFELLER)  EMPIRE  STATE  PLAZA PERFORMING ARTS CENTER
CORPORATION;
  INDUSTRIAL EXHIBIT AUTHORITY;
  LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
  LONG ISLAND POWER AUTHORITY;
  LONG ISLAND RAIL ROAD;
  LONG ISLAND MARKET AUTHORITY;
  MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
  METRO-NORTH COMMUTER RAILROAD;
  METROPOLITAN SUBURBAN BUS AUTHORITY;
  METROPOLITAN TRANSPORTATION AUTHORITY;
  NATURAL HERITAGE TRUST;
  NEW YORK CITY TRANSIT AUTHORITY;
  NEW YORK CONVENTION CENTER OPERATING CORPORATION;
  NEW YORK STATE BRIDGE AUTHORITY;
  NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
  NEW YORK STATE THRUWAY AUTHORITY;
  NIAGARA FALLS PUBLIC WATER AUTHORITY;

A. 10622                            3

  NIAGARA FALLS WATER BOARD;
  PORT OF OSWEGO AUTHORITY;
  POWER AUTHORITY OF THE STATE OF NEW YORK;
  ROOSEVELT ISLAND OPERATING CORPORATION;
  SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
  STATE INSURANCE FUND;
  STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
  STATE UNIVERSITY CONSTRUCTION FUND;
  SYRACUSE REGIONAL AIRPORT AUTHORITY;
  TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
  UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
  UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
  UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
  URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS.
  (C)  THE  FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS  DEFINED  IN
PARAGRAPH (A) OR (B) OF THIS SUBDIVISION:
  DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
  FACILITIES DEVELOPMENT CORPORATION;
  NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
  NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
  (D)  "STATE  CONTRACT" SHALL MEAN: (I) A WRITTEN AGREEMENT OR PURCHASE
ORDER INSTRUMENT, PROVIDING FOR A TOTAL EXPENDITURE IN EXCESS  OF  TWEN-
TY-FIVE  THOUSAND  DOLLARS, WHEREBY A CONTRACTING AGENCY IS COMMITTED TO
EXPEND OR DOES EXPEND FUNDS IN RETURN FOR LABOR, SERVICES INCLUDING  BUT
NOT  LIMITED  TO  LEGAL,  FINANCIAL  AND  OTHER  PROFESSIONAL  SERVICES,
SUPPLIES, EQUIPMENT, MATERIALS OR ANY COMBINATION OF THE  FOREGOING,  TO
BE  PERFORMED  FOR,  OR RENDERED OR FURNISHED TO THE CONTRACTING AGENCY;
(II) A WRITTEN AGREEMENT IN  EXCESS  OF  ONE  HUNDRED  THOUSAND  DOLLARS
WHEREBY A CONTRACTING AGENCY IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS
FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT, MAJOR REPAIR
OR  RENOVATION  OF  REAL  PROPERTY AND IMPROVEMENTS THEREON; AND (III) A
WRITTEN AGREEMENT IN EXCESS OF ONE HUNDRED THOUSAND DOLLARS WHEREBY  THE
OWNER OF A STATE ASSISTED HOUSING PROJECT IS COMMITTED TO EXPEND OR DOES
EXPEND FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLITION, REPLACEMENT,
MAJOR REPAIR OR RENOVATION OF REAL PROPERTY AND IMPROVEMENTS THEREON FOR
SUCH PROJECT.
  8. "VETERAN" SHALL MEAN A PERSON WHO SERVED IN AND WHO HAS RECEIVED AN
HONORABLE  OR  GENERAL  DISCHARGE FROM THE UNITED STATES ARMY, NAVY, AIR
FORCE, MARINES, COAST GUARD, AND/OR RESERVES THEREOF,  AND/OR  THE  ARMY
NATIONAL  GUARD,  AIR NATIONAL GUARD, NEW YORK GUARD AND/OR THE NEW YORK
NAVAL MILITIA.
  S 369-N. DIVISION OF SUPPLIER DIVERSITY. 1. THE HEAD OF  THE  DIVISION
OF  SUPPLIER  DIVERSITY  SHALL BE THE DIRECTOR WHO SHALL BE APPOINTED BY
THE GOVERNOR AND WHO SHALL HOLD OFFICE AT THE PLEASURE  OF  THE  COMMIS-
SIONER.
  2.  THE  DIRECTOR  MAY  APPOINT  SUCH  DEPUTIES, ASSISTANTS, AND OTHER
EMPLOYEES AS MAY BE NEEDED FOR THE PERFORMANCE OF THE DUTIES  PRESCRIBED
HEREIN  SUBJECT TO THE PROVISIONS OF THE CIVIL SERVICE LAW AND THE RULES
AND REGULATIONS OF  THE  CIVIL  SERVICE  COMMISSION.  THE  DIRECTOR  MAY
REQUEST  AND  SHALL  RECEIVE  FROM  ANY (A) DEPARTMENT, DIVISION, BOARD,
BUREAU, OR EXECUTIVE COMMISSION OF THE STATE OR (B) STATE  AGENCY,  SUCH
ASSISTANCE AS MAY BE NECESSARY TO CARRY OUT THE PROVISIONS OF THIS ARTI-
CLE.
  3. THE DIRECTOR SHALL HAVE THE FOLLOWING POWERS AND DUTIES:

A. 10622                            4

  (A)  DEVELOP, COLLECT, SUMMARIZE AND DISSEMINATE INFORMATION THAT WILL
BE HELPFUL TO PERSONS AND ORGANIZATIONS THROUGHOUT THE STATE  IN  UNDER-
TAKING  OR  PROMOTING  THE  ESTABLISHMENT AND SUCCESSFUL OPERATION OF AN
LGBT, DISABILITY OR VETERAN-OWNED BUSINESS.
  (B) DEVELOP AND MAKE AVAILABLE TO STATE AGENCIES A DIRECTORY OF CERTI-
FIED  LGBT,  DISABILITY  AND  VETERAN-OWNED  BUSINESS  ENTERPRISES WHICH
SHALL, WHEREVER  PRACTICABLE,  BE  DIVIDED  INTO  CATEGORIES  OF  LABOR,
SERVICES,  SUPPLIES,  EQUIPMENT,  MATERIALS  AND RECOGNIZED CONSTRUCTION
TRADES AND WHICH SHALL INDICATE AREAS OR LOCATIONS OF  THE  STATE  WHERE
SUCH ENTERPRISES ARE AVAILABLE TO PERFORM SERVICES. SUCH DIRECTORY SHALL
BE POSTED ON THE OFFICE OF GENERAL SERVICES WEBSITE.
  (C) ASSIST STATE AGENCIES IN THE DEVELOPMENT OF PROGRAMS TO FOSTER AND
PROMOTE  THE  USE  OF LGBT, DISABILITY AND VETERAN-OWNED BUSINESS ENTER-
PRISES ON STATE CONTRACTS.
  (D) COORDINATE THE PLANS, PROGRAMS AND OPERATIONS OF THE STATE GOVERN-
MENT WHICH AFFECT OR MAY CONTRIBUTE TO THE  ESTABLISHMENT,  PRESERVATION
AND  DEVELOPMENT  OF  LGBT, DISABILITY AND VETERAN-OWNED BUSINESS ENTER-
PRISES.
  (E) TO APPOINT INDEPENDENT HEARING OFFICERS WHO BY CONTRACT  OR  TERMS
OF  EMPLOYMENT SHALL PRESIDE OVER ADJUDICATORY HEARINGS PURSUANT TO THIS
SECTION FOR THE OFFICE OF GENERAL SERVICES AND WHO ARE ASSIGNED NO OTHER
WORK BY THE OFFICE OF GENERAL SERVICES.
  (F) IN CONJUNCTION WITH  THE  COMMISSIONER,  DEVELOP  A  COMPREHENSIVE
STATEWIDE  PLAN  AND  OPERATIONAL GUIDELINES TO PROMOTE LGBT, DISABILITY
AND VETERAN-OWNED BUSINESS ENTERPRISES AND TO ASSIST THEM  IN  OBTAINING
OPPORTUNITIES TO PARTICIPATE IN THE PROCUREMENT OF GOODS AND SERVICES BY
THE  STATE, INCLUDING IDENTIFICATION OF BARRIERS TO BUSINESS DEVELOPMENT
AND INVESTIGATION AND EVALUATION OF THEIR IMPACT ON ACHIEVING THE OBJEC-
TIVES OF THIS ARTICLE.
  4. THE COMMISSIONER SHALL:
  (A) COORDINATE TRAINING OF ALL PROCUREMENT PERSONNEL  OF  STATE  AGEN-
CIES, EMPHASIZING INCREASED SENSITIVITY AND RESPONSIVENESS TO THE UNIQUE
NEEDS  AND  REQUIREMENTS  OF LGBT, DISABILITY AND VETERAN-OWNED BUSINESS
ENTERPRISES.
  (B) CONDUCT A COORDINATED REVIEW OF ALL EXISTING  AND  PROPOSED  STATE
TRAINING  AND  TECHNICAL  ASSISTANCE ACTIVITIES IN DIRECT SUPPORT OF THE
SUPPLIER DIVERSITY PROGRAM TO ASSURE CONSISTENCY WITH THE OBJECTIVES  OF
THIS ARTICLE.
  (C)  EVALUATE  AND  ASSESS  AVAILABILITY  OF  FIRMS FOR THE PURPOSE OF
INCREASING PARTICIPATION OF SUCH FIRMS IN STATE CONTRACTING IN CONSULTA-
TION WITH RELEVANT STATE ENTITIES.
  (D) PROVIDE ADVICE AND TECHNICAL ASSISTANCE TO PROMOTE LGBT, DISABILI-
TY  AND  VETERAN-OWNED  BUSINESS  ENTERPRISES'  UNDERSTANDING  OF  STATE
PROCUREMENT  LAWS,  PRACTICES  AND PROCEDURES TO FACILITATE AND INCREASE
THE PARTICIPATION OF LGBT, DISABILITY AND VETERAN-OWNED BUSINESS  ENTER-
PRISES IN STATE PROCUREMENT.
  (E)  ESTABLISH  REGULAR PERFORMANCE REPORTING SYSTEMS REGARDING IMPLE-
MENTATION OF THE PROGRAMS DESIGNED  TO  INCREASE  LGBT,  DISABILITY  AND
VETERAN-OWNED  BUSINESS  PARTICIPATION IN PROCUREMENT CONTRACTS BY STATE
AGENCIES.
  (F) SUBMIT A REPORT BY THE THIRTY-FIRST OF DECEMBER  EACH  YEAR,  WITH
THE  FIRST  REPORT  DUE  BY THE THIRTY-FIRST OF DECEMBER IN THE CALENDAR
YEAR NEXT SUCCEEDING THE CALENDAR YEAR IN WHICH THIS ARTICLE SHALL  HAVE
BECOME  A  LAW,  TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF THE SENATE,
AND THE SPEAKER OF THE ASSEMBLY. SUCH REPORT SHALL  INCLUDE  INFORMATION
INCLUDING,  BUT  NOT  LIMITED  TO,  THE NUMBER OF CONTRACTS ENTERED INTO

A. 10622                            5

PURSUANT TO THIS ARTICLE, THE AVERAGE  AMOUNT  OF  SUCH  CONTRACTS,  THE
PERCENTAGE  OF  CONTRACTS  AWARDED TO LGBT, DISABILITY AND VETERAN-OWNED
BUSINESS ENTERPRISES BY EACH STATE AGENCY, THE NUMBER OF LGBT, DISABILI-
TY  AND  VETERAN-OWNED  BUSINESS  ENTERPRISES  CERTIFIED,  THE NUMBER OF
APPLICATIONS FOR CERTIFICATION AS AN LGBT, DISABILITY  OR  VETERAN-OWNED
BUSINESS  ENTERPRISE,  THE NUMBER OF DENIALS FOR SUCH CERTIFICATION, THE
NUMBER OF APPEALS OF SUCH DENIALS, AND THE OUTCOME OF SUCH  APPEALS  AND
THE  AVERAGE  TIME  THAT  IS  REQUIRED  FOR  SUCH  CERTIFICATION  TO  BE
COMPLETED. THE REPORT SHALL BE POSTED ON A PUBLIC WEBSITE MAINTAINED  BY
THE OFFICE OF GENERAL SERVICES.
  5. CERTIFICATION. (A) THE DIRECTOR, OR IN THE ABSENCE OF THE DIRECTOR,
THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE DATE OF THIS ARTI-
CLE, SHALL PROMULGATE RULES AND REGULATIONS PROVIDING FOR THE ESTABLISH-
MENT  OF  A  STATEWIDE  CERTIFICATION  PROGRAM INCLUDING RULES AND REGU-
LATIONS GOVERNING THE  APPROVAL,  DENIAL,  OR  REVOCATION  OF  ANY  SUCH
CERTIFICATION.  SUCH  RULES  AND  REGULATIONS  SHALL INCLUDE, BUT NOT BE
LIMITED TO, SUCH MATTERS AS MAY BE REQUIRED TO ENSURE  THAT  THE  ESTAB-
LISHED  PROCEDURES  THEREUNDER  SHALL AT LEAST BE IN COMPLIANCE WITH THE
CODE OF FAIR PROCEDURE SET FORTH IN SECTION SEVENTY-THREE OF  THE  CIVIL
RIGHTS LAW. IN ADDITION TO A STATEWIDE CERTIFICATION PROGRAM, THE DIREC-
TOR,  OR IN THE ABSENCE OF THE DIRECTOR, THE COMMISSIONER, SHALL APPROVE
THIRD-PARTY AGENCIES TO PERFORM VERIFICATION OF LGBT, DISABILITY  AND/OR
VETERAN-OWNED  BUSINESS  ENTERPRISES.  THE DIVISION SHALL ACCEPT CERTIF-
ICATIONS BY APPROVED THIRD-PARTY AGENCIES, AND IS AUTHORIZED TO  DEVELOP
AND IMPLEMENT A STREAMLINED VERIFICATION PROCESS FOR ANY LGBT, DISABILI-
TY OR VETERAN-OWNED BUSINESS ENTERPRISE THAT HAS A CERTIFICATION THROUGH
AN  APPROVED  THIRD-PARTY  AGENCY.  APPROVED  THIRD-PARTY AGENCIES SHALL
INCLUDE THE NATIONAL GAY AND LESBIAN CHAMBER OF COMMERCE FOR THE CERTIF-
ICATION OF LGBT-OWNED BUSINESS ENTERPRISES AND THE UNITED  STATES  BUSI-
NESS LEADERSHIP NETWORK FOR THE CERTIFICATION OF DISABILITY-OWNED ENTER-
PRISES.
  (B)  FOLLOWING APPLICATION FOR CERTIFICATION PURSUANT TO THIS SECTION,
THE DIRECTOR SHALL PROVIDE THE APPLICANT  WITH  WRITTEN  NOTICE  OF  THE
STATUS OF THE APPLICATION, INCLUDING NOTICE OF ANY OUTSTANDING DEFICIEN-
CIES,  WITHIN  THIRTY  DAYS.  WITHIN SIXTY DAYS OF SUBMISSION OF A FINAL
COMPLETED APPLICATION, THE DIRECTOR SHALL  PROVIDE  THE  APPLICANT  WITH
WRITTEN  NOTICE  OF A DETERMINATION BY THE DIRECTOR APPROVING OR DENYING
SUCH CERTIFICATION AND, IN THE EVENT OF A DENIAL,  A  STATEMENT  SETTING
FORTH  THE  REASONS  FOR  SUCH  DENIAL.  UPON A DETERMINATION DENYING OR
REVOKING CERTIFICATION, THE BUSINESS ENTERPRISE FOR WHICH  CERTIFICATION
HAS  BEEN  SO  DENIED OR REVOKED SHALL, UPON WRITTEN REQUEST MADE WITHIN
THIRTY DAYS FROM RECEIPT OF NOTICE OF SUCH DETERMINATION, BE ENTITLED TO
A HEARING BEFORE AN INDEPENDENT  HEARING  OFFICER  DESIGNATED  FOR  SUCH
PURPOSE  BY  THE  DIRECTOR. IN THE EVENT THAT A REQUEST FOR A HEARING IS
NOT MADE WITHIN SUCH THIRTY DAY  PERIOD,  SUCH  DETERMINATION  SHALL  BE
DEEMED  TO  BE  FINAL.  THE  INDEPENDENT HEARING OFFICER SHALL CONDUCT A
HEARING AND UPON THE CONCLUSION OF SUCH HEARING, ISSUE A WRITTEN  RECOM-
MENDATION  TO  THE  DIRECTOR TO AFFIRM, REVERSE, OR MODIFY SUCH DETERMI-
NATION OF THE DIRECTOR. SUCH WRITTEN RECOMMENDATION SHALL BE  ISSUED  TO
THE  PARTIES.   THE DIRECTOR, WITHIN THIRTY DAYS, BY ORDER, MUST ACCEPT,
REJECT OR MODIFY SUCH RECOMMENDATION OF  THE  HEARING  OFFICER  AND  SET
FORTH IN WRITING THE REASON THEREFOR. THE DIRECTOR SHALL SERVE A COPY OF
SUCH ORDER AND REASONS THEREFOR UPON THE BUSINESS ENTERPRISE BY PERSONAL
SERVICE  OR BY CERTIFIED MAIL RETURN RECEIPT REQUESTED. THE ORDER OF THE
DIRECTOR SHALL BE SUBJECT TO REVIEW PURSUANT TO ARTICLE SEVENTY-EIGHT OF
THE CIVIL PRACTICE LAW AND RULES.

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  (C) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF TWO YEARS.
  S   369-O.   OPPORTUNITIES   FOR   CERTIFIED   LGBT,   DISABILITY  AND
VETERAN-OWNED BUSINESS ENTERPRISES. 1. THE DIRECTOR, OR IN  THE  ABSENCE
OF  THE  DIRECTOR, THE COMMISSIONER, WITHIN NINETY DAYS OF THE EFFECTIVE
DATE OF THIS ARTICLE SHALL PROMULGATE  RULES  AND  REGULATIONS  FOR  THE
FOLLOWING PURPOSES:
  (A)  PROVIDE  MEASURES  AND  PROCEDURES TO ENSURE THAT CERTIFIED LGBT,
DISABILITY AND  VETERAN-OWNED  BUSINESS  ENTERPRISES  ARE  AFFORDED  THE
OPPORTUNITY  FOR  MEANINGFUL  PARTICIPATION  IN THE PERFORMANCE OF STATE
CONTRACTS AND TO ASSIST IN STATE AGENCIES' IDENTIFICATION OF THOSE STATE
CONTRACTS FOR WHICH  CERTIFIED  LGBT,  DISABILITY  AND/OR  VETERAN-OWNED
BUSINESS ENTERPRISES MAY BEST PERFORM;
  (B)  PROVIDE FOR MEASURES AND PROCEDURES THAT ASSIST STATE AGENCIES IN
THE IDENTIFICATION OF STATE CONTRACTS WHERE LGBT, DISABILITY AND VETERAN
CONTRACT GOALS ARE PRACTICAL, FEASIBLE AND APPROPRIATE FOR  THE  PURPOSE
OF  INCREASING  THE  UTILIZATION  OF  LGBT, DISABILITY AND VETERAN-OWNED
BUSINESS ENTERPRISE PARTICIPATION ON STATE CONTRACTS;
  (C) ACHIEVE A STATEWIDE GOAL FOR PARTICIPATION ON STATE  CONTRACTS  BY
LGBT,  DISABILITY AND VETERAN-OWNED BUSINESS ENTERPRISES AT A PERCENTAGE
TO BE DETERMINED BY THE COMMISSIONER;
  (D) PROVIDE FOR PROCEDURES  RELATING  TO  SUBMISSION  AND  RECEIPT  OF
APPLICATIONS  BY  LGBT, DISABILITY OR VETERAN-OWNED BUSINESS ENTERPRISES
FOR CERTIFICATION;
  (E) PROVIDE FOR THE MONITORING AND COMPLIANCE OF  STATE  CONTRACTS  BY
STATE AGENCIES WITH RESPECT TO THE PROVISIONS OF THIS ARTICLE;
  (F)  PROVIDE  FOR  THE  REQUIREMENT THAT STATE AGENCIES SUBMIT REGULAR
REPORTS, AS DETERMINED BY THE DIRECTOR, WITH RESPECT TO  THEIR  SUPPLIER
DIVERSITY  PROGRAM  ACTIVITY,  INCLUDING BUT NOT LIMITED TO, UTILIZATION
REPORTING AND STATE CONTRACT MONITORING AND COMPLIANCE; AND
  (G) PROVIDE FOR ANY OTHER PURPOSES TO EFFECTUATE THIS ARTICLE.
  2. STATE AGENCIES SHALL ADMINISTER THE RULES AND  REGULATIONS  PROMUL-
GATED BY THE DIRECTOR FOR THE IMPLEMENTATION OF THIS ARTICLE.
  S  369-P. SEVERABILITY. IF ANY CLAUSE, SENTENCE, PARAGRAPH, SECTION OR
PART OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT  JURIS-
DICTION  TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR INVALI-
DATE THE REMAINDER THEREOF, BUT SHALL BE CONFINED IN  ITS  OPERATION  TO
THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
LY  INVOLVED  IN  THE  CONTROVERSY IN WHICH THE JUDGMENT SHALL HAVE BEEN
RENDERED.
  S 3. The commissioner of the office of general services shall  conduct
a  study  to  determine  a  statewide  goal  for  participation on state
contracts by LGBT, disability and veteran-owned business enterprises and
to determine whether providing  for  the  reservation  or  set-aside  of
certain  procurements  by  state agencies should be required in order to
achieve the objectives of article 17-C of the executive law.
  S 4. No later than one year after this act shall have  become  a  law,
the  commissioner  of  the office of general services shall complete the
study pursuant to section three of this act.
  S 5. This act shall take effect immediately and shall  expire  and  be
deemed repealed five years after such effective date.