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
                                ___________
 
 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.