S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10713
 
                           I N  A S S E M B L Y
 
                               May 15, 2018
                                ___________
 
 Introduced  by  M.  of  A.  PEOPLES-STOKES,  BICHOTTE  --  read once and
   referred to the Committee on Governmental Operations
 
 AN ACT to amend chapter 261 of the laws  of  1988,  amending  the  state
   finance  law and other laws relating to the New York state infrastruc-
   ture trust fund, in relation to the effectiveness thereof;  establish-
   ing  a  blue  ribbon  commission to study the minority and women-owned
   business enterprise program, and establishing a mentor-protege  train-
   ing  program;  and making an appropriation therefor; and providing for
   the repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision (h) of section 121 of
 chapter 261 of the laws of 1988, amending  the  state  finance  law  and
 other  laws relating to the New York state infrastructure trust fund, as
 amended by section 1 of part OOO of chapter 59 of the laws of  2018,  is
 amended to read as follows:
   The  provisions  of  sections  sixty-two through sixty-six of this act
 shall expire AND BE DEEMED REPEALED on December thirty-first, two  thou-
 sand [nineteen] TWENTY-THREE, except that:
   §  2.  1.  A  blue ribbon commission is hereby established to examine,
 evaluate and make recommendations on the minority and women-owned  busi-
 ness  enterprise  (hereinafter "MWBE") program.  The commission shall be
 known as the MWBE blue ribbon commission. The subject areas to be  exam-
 ined by the commission shall include, but not be limited to, the follow-
 ing:
   (a)  the two thousand sixteen disparity study as specified in subdivi-
 sion one of section three hundred twelve-a of the executive law;
   (b) article fifteen-A of the executive law, and  other  related  laws,
 rules and regulations and to make recommendations on changes to the laws
 that  would  result  in more meaningful and robust MWBE participation on
 contracts;
   (c) the certification process, as specified in section  three  hundred
 fourteen of the executive law;
   (d) how MWBE performance compares to the goals set by the program;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15558-04-8

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   (e)  how  waivers  are  granted,  as specified in subdivisions six and
 seven of section three hundred thirteen of the executive law;
   (f)  any  barriers to businesses owned by a minority and/or woman from
 becoming MWBE certified, including but not limited to personal net worth
 and small business thresholds; and
   (g) examining whether  or  not  the  scope  of  contracts  with  goals
 attached should be altered.
   2.  (a)  The commission shall be composed of nine voting members.  The
 members, each to serve a term  of  two  years,  shall  be  appointed  as
 follows:  three members shall be appointed by the governor, of which one
 member shall be from the MWBE community to serve as chair of the commis-
 sion, one member shall be from the legal community  with  experience  in
 MWBE  program  enforcement,  and  one member shall be a local government
 official from a local government with a local MWBE program; two  members
 shall be appointed by the temporary president of the senate; two members
 shall  be  appointed by the speaker of the assembly; one member shall be
 appointed by the minority leader of the senate; and one member shall  be
 appointed by the minority leader of the assembly.
   (b) In addition to these voting members, the commission shall have six
 non-voting,  ex  officio members.   The following government agencies or
 officials shall appoint one ex officio  member  each:  the  state  comp-
 troller;  the executive director of the division of minority and women's
 business development; the chief diversity  officer  of  the  state;  the
 metropolitan  transportation  authority;  the dormitory authority of the
 state of New York; and the port authority of New York and New Jersey.
   3. The commission shall meet at least six times. The meetings  of  the
 commission shall be held at the call of the chairperson or whenever five
 or  more members so request. The locations of the meetings shall provide
 for practicable representation of  different  geographic  areas  of  the
 state.  The  first  meeting shall be within ninety days of the effective
 date of this section. A majority of the members of the commission  shall
 constitute  a quorum.  Approval of any matter shall require the affirma-
 tive vote of a majority of  the  members  voting  thereon.  Members  may
 designate  and  authorize another person to act for him or her by proxy.
 Proxies shall be revocable at the pleasure of the member executing it.
   4. The deliberations, meetings and other proceedings of the commission
 and any committee thereof shall be governed  by  article  seven  of  the
 public  officers law. Any one or more members may participate in a meet-
 ing by means of a conference  telephone,  conference  video  or  similar
 communications equipment allowing all persons participating in the meet-
 ing  to  hear  each  other at the same time. Participation by such means
 shall constitute presence in person at a meeting. At any meetings of the
 commission conducted by means  of  a  conference  telephone,  conference
 video   or   similar  communications  equipment,  other  than  executive
 sessions, the public shall be given an opportunity to listen. If a meet-
 ing other than an executive session is to be conducted  by  means  of  a
 conference  telephone, conference video or similar communications equip-
 ment, the public notice for the meeting shall  inform  the  public  that
 such  equipment will be used, and identify the means by which the public
 may listen to such meeting.
   5. The commission may form such advisory committees as it deems neces-
 sary, convenient, or desirable to advise and assist  in  performing  the
 duties conferred by this act.
   6.  The  commission  shall  hold  at  least four public hearings where
 members of the public shall be provided an opportunity to  present  oral
 and/or written testimony relevant to the commission's mission.

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   7.  The  members  of  the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to  this  act.  The
 division  of  minority  and women's business development shall staff the
 commission  and  the  functions  and duties shall be accomplished within
 available funds appropriated thereto.
   8. The commission shall issue an interim report to  the  governor  and
 the  legislature  of  its  findings, conclusions and recommendations one
 year after the effective date of this section and  a  final  report  two
 years  after  the  effective date of this section, and shall submit with
 such reports such legislative proposals as it deems necessary to  imple-
 ment its recommendations.
   §  3.  The empire state development corporation shall create a fund to
 promote, establish, and support mentor-protege  training  programs,  and
 union  transition  training  programs  to  assist non-union minority and
 women-owned business enterprises to perform as union contractors.    The
 empire  state  development corporation shall distribute grants from such
 fund throughout the state, within  each  regional  economic  development
 council  zone,  and  in  proportion to the population of each zone. Such
 grants shall be eligible and distributed to organizations, including but
 not  limited  to,  labor-affiliated  organizations  and  community-based
 organizations  through a noncompetitive grant program to be administered
 by the director of the minority and women's business division within the
 empire state  development  corporation.  The  empire  state  development
 corporation  shall promulgate rules and regulations for the distribution
 of such grants, which shall require mentor businesses to  demonstrate  a
 tangible benefit to protege businesses.
   §  4. The sum of twenty-five million dollars ($25,000,000), or so much
 thereof as may be necessary, is hereby appropriated to the empire  state
 development  corporation  out of any moneys in the state treasury in the
 general fund to  create  a  fund  to  promote,  establish,  and  support
 mentor-protege training programs and union transition training programs,
 not  otherwise  appropriated,  and  made  immediately available, for the
 purpose of carrying out the provisions of section  three  of  this  act.
 Such moneys shall be payable on the audit and warrant of the comptroller
 on vouchers certified or approved by the empire state development corpo-
 ration in the manner prescribed by law.
   §  5.  This  act shall take effect immediately; provided, however that
 sections two, three and four shall take  effect  on  the  thirtieth  day
 after  this act shall have become a law; provided, further, that section
 two of this act shall expire and be deemed repealed two years after such
 section takes effect. Effective  immediately,  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 effective date.