S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    228
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              January 5, 2017
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the executive law, in relation to the publication of
   information  regarding  waivers  of  compliance  with  state  contract
   provisions  concerning  minority  and  women-owned business enterprise
   participation requirements

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Subdivision  6  of  section  313 of the executive law, as
 amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
 follows:
   6.  (A)  Where it appears that a contractor cannot, after a good faith
 effort, comply with the minority  and  women-owned  business  enterprise
 participation  requirements  set forth in a particular state contract, a
 contractor may file a written application with  the  contracting  agency
 requesting  a partial or total waiver of such requirements setting forth
 the reasons for such contractor's inability to meet any or  all  of  the
 participation  requirements  together with an explanation of the efforts
 undertaken by the contractor to obtain the required minority and  women-
 owned  business enterprise participation. In implementing the provisions
 of this section, the contracting agency shall consider  the  number  and
 types  of  minority  and women-owned business enterprises located in the
 region in which the state contract is to be performed, the total  dollar
 value  of  the state contract, the scope of work to be performed and the
 project size and term. If, based on such considerations, the contracting
 agency determines there is not a reasonable availability of  contractors
 on  the  list of certified business to furnish services for the project,
 it shall issue a waiver of compliance to the contractor. In making  such
 determination,  the  contracting  agency shall first consider the avail-
 ability of other business enterprises located in the  region  and  shall
 thereafter  consider  the  financial ability of minority and women-owned

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

                                                            LBD01520-01-7

 A. 228                              2
 
 businesses located outside the region in which the  contract  is  to  be
 performed to perform the state contract.
   (B) WITHIN THIRTY DAYS OF THE ISSUANCE OF A PARTIAL OR TOTAL WAIVER OF
 COMPLIANCE  AS  PROVIDED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION, THE
 CONTRACTING AGENCY SHALL:
   (I) REPORT THE ISSUANCE OF THE WAIVER TO THE DIRECTOR; AND
   (II) PUBLISH ON THE CONTRACTING AGENCY'S  WEBSITE:    (A)  INFORMATION
 IDENTIFYING  THE  CONTRACT, INCLUDING THE VALUE OF THE CONTRACT; (B) THE
 NAME OF THE CONTRACTOR RECEIVING THE WAIVER; (C) THE DATE OF THE WAIVER;
 (D) WHETHER THE WAIVER WAS A  TOTAL  OR  PARTIAL  WAIVER;  AND  (E)  THE
 SPECIFIC CONTRACT PROVISIONS TO WHICH THE WAIVER APPLIES.
   §  2.  Paragraphs  (h)  and (i) of subdivision 3 of section 311 of the
 executive law, paragraph (h) as amended and paragraph (i)  as  added  by
 section  1 of part BB of chapter 59 of the laws of 2006, are amended and
 a new paragraph (j) is added to read as follows:
   (h) notwithstanding the provisions of section two  hundred  ninety-six
 of  this  chapter,  to  file  a  complaint pursuant to the provisions of
 section two hundred ninety-seven of this chapter where the director  has
 knowledge  that  a  contractor may have violated the provisions of para-
 graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
 six  of  this  chapter  where  such  violation is unrelated, separate or
 distinct from the state contract as expressed by its terms; [and]
   (i) to streamline the state certification process  to  accept  federal
 and municipal corporation certifications[.]; AND
   (J)  TO  KEEP  A  RECORD  OF  PARTIAL  AND TOTAL WAIVERS OF COMPLIANCE
 REPORTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIX OF  SECTION  THREE
 HUNDRED THIRTEEN OF THIS ARTICLE AND TO MAKE SUCH RECORD PUBLICLY AVAIL-
 ABLE ON THE DIVISION'S WEBSITE.  THE RECORD SHALL PROVIDE, AT A MINIMUM:
 (A)  INFORMATION  IDENTIFYING  THE  CONTRACT, INCLUDING THE VALUE OF THE
 CONTRACT; (B) INFORMATION IDENTIFYING THE CONTRACTING  AGENCY;  (C)  THE
 NAME  OF  THE  CONTRACTOR  RECEIVING THE WAIVER; AND (D) THE DATE OF THE
 WAIVER.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law; provided, however, that:
   a.  the  amendments made to subdivision 6 of section 313 of the execu-
 tive law by section one of this act shall not affect the  expiration  of
 such article and shall be deemed expired therewith;
   b.  the  amendments made to subdivision 3 of section 311 of the execu-
 tive law by section two of this act shall not affect the  expiration  of
 such article and shall be deemed expired therewith; and
   c.  the  director  of  the  division  of minority and women's business
 development may immediately promulgate rules and  regulations  and  take
 all  other  necessary actions to implement the provisions of this act on
 or before such effective date.