S T A T E O F N E W Y O R K
________________________________________________________________________
5171
2019-2020 Regular Sessions
I N A S S E M B L Y
February 7, 2019
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Introduced by M. of A. BLAKE, COLTON, MOSLEY, BARRON, COOK, JOYNER,
SEAWRIGHT, RODRIGUEZ, BICHOTTE, HYNDMAN -- Multi-Sponsored by -- M. of
A. PEOPLES-STOKES, THIELE -- read once and referred to the Committee
on Governmental Operations
AN ACT to amend the executive law, in relation to directing contracting
state agencies to develop a growth plan in order to increase partic-
ipation of MWBEs with respect to state contracts and subcontracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subdivision 3 of section 311 of the executive law is
amended by adding a new paragraph (d-1) to read as follows:
(D-1) TO REQUIRE ALL CONTRACTING STATE AGENCIES TO DEVELOP A THREE
YEAR GROWTH PLAN TO DETERMINE A MEANS OF PROMOTING AND INCREASING
PARTICIPATION BY MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES
WITH RESPECT TO STATE CONTRACTS AND SUBCONTRACTS. EVERY THREE YEARS,
BEGINNING MAY FIFTEENTH, TWO THOUSAND TWENTY, EACH CONTRACTING STATE
AGENCY SHALL SUBMIT A THREE YEAR GROWTH PLAN AS PART OF ITS ANNUAL
REPORT TO THE GOVERNOR AND LEGISLATURE PURSUANT TO SECTION ONE HUNDRED
SIXTY-FOUR OF THIS CHAPTER.
§ 2. Subdivision 5 of section 315 of the executive law, as added by
chapter 175 of the laws of 2010, is amended to read as follows:
5. Each agency shall include in its annual report to the governor and
legislature pursuant to section one hundred sixty-four of [the executive
law] THIS CHAPTER its annual goals for contracts with minority-owned and
women-owned business enterprises, the number of actual contracts issued
to minority-owned and women-owned business enterprises; and a summary of
all waivers of the requirements of subdivisions six and seven of section
three hundred thirteen of this article allowed by the reporting agency
during the preceding year, including a description of the basis of the
waiver request and the rationale for granting such waiver. Each agency
shall also include in such annual report whether or not it has been
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD05475-01-9
A. 5171 2
required to prepare a remedial plan, and, if so, the plan and the extent
to which the agency has complied with each element of the plan. EVERY
THREE YEARS, BEGINNING MAY FIFTEENTH, TWO THOUSAND TWENTY, EACH AGENCY
SHALL INCLUDE IN SUCH ANNUAL REPORT ITS THREE YEAR GROWTH PLAN PURSUANT
TO SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, the amendments to sections 311 and
315 of the executive law made by sections one and two of this act
respectively, shall not affect the expiration of such sections and shall
be deemed to expire therewith.