Assembly Bill A2165

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   2165
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 17, 2017
                                ___________
 
 Introduced  by M. of A. BRONSON -- read once and referred to the Commit-
   tee 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."
   § 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.
   §  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;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05681-01-7
              

 A. 2165                             2
 
   (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,
 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;

 A. 2165                             3
 
   NEW YORK STATE BRIDGE AUTHORITY;
   NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
   NEW YORK STATE THRUWAY AUTHORITY;
   NIAGARA FALLS PUBLIC WATER AUTHORITY;
   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.
   § 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

 A. 2165                             4
 
 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)  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

 A. 2165                             5
 
 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
 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

 A. 2165                             6

 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.
   (C) ALL CERTIFICATIONS SHALL BE VALID FOR A PERIOD OF TWO YEARS.
   §  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.
   §  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.
   § 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.
   § 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.
   § 5. This act shall take effect immediately and shall  expire  and  be
 deemed repealed five years after such effective date.