Assembly Bill A10263

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10263
 
                           I N  A S S E M B L Y
 
                               April 8, 2020
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend the general municipal law, in relation to authorizing
   political subdivisions to award public contracts to participants of  a
   minority and women owned business enterprise program at a cost premium
   not  to exceed ten percent of the lowest bid as an available remedy to
   a demonstrated disparity
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Section 104-a of the general municipal law, as amended by
 chapter 468 of the laws of 1994, is amended to read as follows:
   § 104-a. Purchasing [of products] for public use.  1.  Notwithstanding
 the  provisions  of section one hundred three of this [chapter] ARTICLE,
 when purchasing products the officer, board or agency of  any  political
 subdivision  or  of  any  district  therein charged with the awarding of
 public contracts may, wherever recycled products meet contract  specifi-
 cations  and  the  price  of  such  products  is reasonably competitive,
 purchase such products. For the purpose of  this  [section]  SUBDIVISION
 and  until  July  first, nineteen hundred ninety-six, "recycled product"
 shall mean any product which has been manufactured from secondary  mate-
 rials, as defined in subdivision one of section two hundred sixty-one of
 the  economic  development  law,  and  meets  secondary material content
 requirements adopted by the office of general services  [under  subdivi-
 sion  one of section one hundred seventy-seven of the state finance law]
 for products available to the political subdivision  or  district  under
 state  contract  or,  if no such contract for such product is available,
 any product which meets  the  secondary  material  content  requirements
 adopted by the political subdivision or district thereof with respect to
 a  specific  commodity  procurement  by  such  entity. On and after July
 first, nineteen hundred ninety-six, "recycled product" shall  mean,  for
 the  purposes  of this [section] SUBDIVISION, any product which is manu-
 factured from secondary materials, as  defined  in  subdivision  one  of
 section two hundred sixty-one of the economic development law, and which
 meets  the  requirements  of  subdivision  two of section 27-0717 of the
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD05832-01-9

 A. 10263                            2
 
 environmental conservation  law  and  regulations  promulgated  pursuant
 thereto.  For  the  purpose  of  this [section] SUBDIVISION, "reasonably
 competitive" shall mean that the cost of the recycled product  does  not
 exceed  a  cost  premium  of  ten percent above the cost of a comparable
 product that is not a recycled product or, if at least fifty percent  of
 the  secondary materials utilized in the manufacture of that product are
 generated from the waste stream in New York state, the cost of the recy-
 cled product does not exceed a cost premium of fifteen percent above the
 cost of a comparable product that is not a recycled product.
   Whenever such officer, board or agency shall  purchase  or  cause  the
 purchase  of  printing on recycled paper pursuant to this section, he or
 she shall require the printed material to  contain  the  official  state
 recycling  emblem  established  pursuant  to  subdivision two of section
 27-0717 of the environmental conservation law and regulations promulgat-
 ed pursuant thereto if such paper has been approved by the department of
 environmental conservation as satisfying the requirements of such  stat-
 ute and regulations, or, if such paper has not been so approved, require
 the  printed material to include a printed statement which indicates the
 percentages of pre-consumer and post-consumer recycled material  content
 of such paper.
   2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
 ARTICLE, WHEN PURCHASING GOODS, SERVICES OR CONSTRUCTION FOR PUBLIC USE,
 THE  OFFICER,  BOARD  OR  AGENCY  OF ANY POLITICAL SUBDIVISION OR OF ANY
 DISTRICT THEREIN CHARGED WITH THE  AWARDING  OF  PUBLIC  CONTRACTS  THAT
 EMPLOY A MINORITY OR WOMEN OWNED BUSINESS ENTERPRISE (MWBE) PROGRAM, MAY
 AWARD  ANY  CONTRACT  VALUED  AT  NO  MORE THAN ONE MILLION DOLLARS TO A
 PARTICIPANT OF SUCH PROGRAM EVEN IF SUCH PARTICIPANT IS NOT  THE  LOWEST
 BIDDER  FOR SUCH CONTRACT, PROVIDED, HOWEVER THAT SUCH AWARD MAY ONLY BE
 MADE TO THE LOWEST MWBE BID THAT IS REASONABLY  COMPETITIVE.    FOR  THE
 PURPOSE  OF  THIS  SUBDIVISION,  AN "MWBE PROGRAM" SHALL BE DEFINED AS A
 PROGRAM DESIGNED TO INCREASE PARTICIPATION OF MWBES IN PUBLIC  CONTRACT-
 ING  THAT IS BASED ON A STUDY IN WHICH IT WAS FOUND THAT THERE IS OR HAS
 BEEN A DISPARITY BETWEEN THE AVAILABILITY AND THE UTILIZATION  OF  MWBES
 IN  THE  AWARD  OF  CONTRACTS  BY SUCH POLITICAL SUBDIVISION OR DISTRICT
 THEREIN. FOR THE PURPOSE OF THIS SUBDIVISION,  "REASONABLY  COMPETITIVE"
 SHALL MEAN THAT THE MWBE BID DOES NOT EXCEED THE LOWEST BID BY MORE THAN
 TEN PERCENT.
   §  2.  This  act shall take effect on the thirtieth day after it shall
 have become a law.