S T A T E O F N E W Y O R K
________________________________________________________________________
7027
2019-2020 Regular Sessions
I N A S S E M B L Y
April 3, 2019
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Introduced by M. of A. PEOPLES-STOKES -- read once and referred to the
Committee on Governmental Operations
AN ACT to amend the executive law, in relation to certification classi-
fications for businesses owned by minority group members or women
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 314 of the executive law is amended by adding a new
subdivision 6 to read as follows:
6. (A) THE DIRECTOR SHALL ESTABLISH BY REGULATION AN ADDITIONAL
CERTIFICATION CLASSIFICATION FOR MINORITY AND WOMEN-OWNED BUSINESSES
WHICH ARE INELIGIBLE FOR CERTIFICATION PURSUANT TO THIS SECTION DUE TO
EXCEEDING THE PERSONAL NET WORTH OR SMALL BUSINESS THRESHOLDS; PROVIDED,
HOWEVER, THAT ALL OTHER ELIGIBILITY REQUIREMENTS PURSUANT TO SUBDIVISION
SEVEN OR FIFTEEN OF SECTION THREE HUNDRED TEN OF THIS ARTICLE, AS APPLI-
CABLE, ARE SATISFIED. SUCH REGULATIONS SHALL NOT IMPOSE ADDITIONAL
THRESHOLDS ON PERSONAL NET WORTH OR THE SIZE OF SUCH BUSINESSES. SUCH
ADDITIONAL CERTIFICATION CLASSIFICATIONS SHALL BE LISTED SEPARATELY IN
THE DIRECTORY OF CERTIFIED BUSINESSES REQUIRED TO BE PREPARED PURSUANT
TO THIS SECTION. REGULATIONS FOR THE CERTIFICATION CLASSIFICATION
ESTABLISHED PURSUANT TO THIS SUBDIVISION SHALL REQUIRE EACH BUSINESS
SEEKING CERTIFICATION TO DEMONSTRATE THAT IT ENGAGES IN, AND SIGNIF-
ICANTLY INVESTS IN, DIVERSITY PRACTICES.
(B) FOR PURPOSES OF THIS SUBDIVISION, THE TERM "DIVERSITY PRACTICES"
SHALL INCLUDE, BUT NOT BE LIMITED TO:
(I) THE INCLUSION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN
PROCUREMENT OPPORTUNITIES WITHIN SUCH BUSINESS;
(II) JOINT VENTURES BETWEEN SUCH BUSINESS AND OTHER MINORITY AND
WOMEN-OWNED BUSINESS ENTERPRISES;
(III) TRAININGS, WORKSHOPS OR MENTORING PROGRAMS CONDUCTED BY THE
BUSINESS FOR OTHER MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES; AND
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD10800-01-9
A. 7027 2
(IV) JOB TRAINING AND APPRENTICESHIP PROGRAMS CONDUCTED BY THE MINORI-
TY AND WOMEN-OWNED BUSINESS THAT RESULT IN A MORE DIVERSE WORKFORCE
WITHIN SUCH BUSINESS.
§ 2. Paragraphs (h) and (i) of subdivision 2-a of section 313 of the
executive law, as added by chapter 175 of the laws of 2010, are amended
and a new paragraph (j) is added to read as follows:
(h) provide for the collection of statistical data by each agency
concerning actual minority and women-owned business enterprise partic-
ipation; [and]
(i) require each agency to consult the most current disparity study
when calculating agency-wide and contract specific participation goals
pursuant to this article[.]; AND
(J) REQUIRE THAT BUSINESSES CERTIFIED PURSUANT TO SUBDIVISION SIX OF
SECTION THREE HUNDRED FOURTEEN OF THIS ARTICLE ARE UTILIZED TOWARD
CONTRACT SOLICITATION GOALS AFTER OPPORTUNITIES TO MEET SUCH GOALS
THROUGH CONTRACTS WITH OTHER BUSINESSES CERTIFIED PURSUANT TO THIS ARTI-
CLE HAVE BEEN EXHAUSTED BY COMMERCIALLY REASONABLE METHODS.
§ 3. Section 313 of the executive law is amended by adding a new
subdivision 6-a to read as follows:
6-A. PRIOR TO REQUESTING A PARTIAL OR TOTAL WAIVER PURSUANT TO SUBDI-
VISION SIX OF THIS SECTION, A CONTRACTOR SHALL SEEK TO COMPLY WITH THE
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION GOALS BY
MAKING A GOOD FAITH EFFORT TO CONTRACT WITH A BUSINESS IN THE CERTIF-
ICATION CLASSIFICATION ESTABLISHED PURSUANT TO SUBDIVISION SIX OF
SECTION THREE HUNDRED FOURTEEN OF THIS ARTICLE.
§ 4. This act shall take effect immediately; provided, however, that
the amendments to article 15-A of the executive law made by sections
one, two and three of this act shall not affect the expiration of such
article and shall be deemed to expire therewith.