Senate Bill S3033

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3033
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 1, 2019
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Finance
 
 AN ACT to amend chapter 261 of the laws  of  1988,  amending  the  state
   finance  law and other laws relating to the New York state infrastruc-
   ture trust fund, in relation to the effectiveness thereof;  establish-
   ing  a  blue  ribbon  commission to study the minority and women-owned
   business enterprise program, and establishing a mentor-protege  train-
   ing  program;  and making an appropriation therefor; and providing for
   the repeal of certain provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The opening paragraph of subdivision (h) of section 121 of
 chapter 261 of the laws of 1988, amending  the  state  finance  law  and
 other  laws relating to the New York state infrastructure trust fund, as
 amended by section 1 of part OOO of chapter 59 of the laws of  2018,  is
 amended to read as follows:
   The  provisions  of  sections  sixty-two through sixty-six of this act
 shall expire AND BE DEEMED REPEALED on December thirty-first, two  thou-
 sand [nineteen] TWENTY-FOUR, except that:
   §  2.  1.  A  blue ribbon commission is hereby established to examine,
 evaluate and make recommendations on the minority and women-owned  busi-
 ness  enterprise  (hereinafter "MWBE") program.  The commission shall be
 known as the MWBE blue ribbon commission. The subject areas to be  exam-
 ined by the commission shall include, but not be limited to, the follow-
 ing:
   (a)  the two thousand sixteen disparity study as specified in subdivi-
 sion one of section three hundred twelve-a of the executive law;
   (b) article fifteen-A of the executive law, and  other  related  laws,
 rules and regulations and to make recommendations on changes to the laws
 that  would  result  in more meaningful and robust MWBE participation on
 contracts;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD09175-01-9

 S. 3033                             2
 
   (c) the certification process, as specified in section  three  hundred
 fourteen of the executive law;
   (d) how MWBE performance compares to the goals set by the program;
   (e)  how  waivers  are  granted,  as specified in subdivisions six and
 seven of section three hundred thirteen of the executive law;
   (f) any barriers to businesses owned by a minority and/or  woman  from
 becoming MWBE certified, including but not limited to personal net worth
 and small business thresholds; and
   (g)  examining  whether  or  not  the  scope  of  contracts with goals
 attached should be altered.
   2. (a) The commission shall be composed of nine voting members.    The
 members,  each  to  serve  a  term  of  two years, shall be appointed as
 follows: three members shall be appointed by the governor, of which  one
 member shall be from the MWBE community to serve as chair of the commis-
 sion,  one  member  shall be from the legal community with experience in
 MWBE program enforcement, and one member shall  be  a  local  government
 official  from a local government with a local MWBE program; two members
 shall be appointed by the temporary president of the senate; two members
 shall be appointed by the speaker of the assembly; one member  shall  be
 appointed  by the minority leader of the senate; and one member shall be
 appointed by the minority leader of the assembly.
   (b) In addition to these voting members, the commission shall have six
 non-voting, ex officio members.   The following government  agencies  or
 officials  shall  appoint  one  ex  officio member each: the state comp-
 troller; the executive director of the division of minority and  women's
 business  development;  the  chief  diversity  officer of the state; the
 metropolitan transportation authority; the dormitory  authority  of  the
 state of New York; and the port authority of New York and New Jersey.
   3.  The  commission shall meet at least six times. The meetings of the
 commission shall be held at the call of the chairperson or whenever five
 or more members so request. The locations of the meetings shall  provide
 for  practicable  representation  of  different  geographic areas of the
 state. The first meeting shall be within ninety days  of  the  effective
 date  of this section. A majority of the members of the commission shall
 constitute a quorum.  Approval of any matter shall require the  affirma-
 tive  vote  of  a  majority  of  the members voting thereon. Members may
 designate and authorize another person to act for him or her  by  proxy.
 Proxies shall be revocable at the pleasure of the member executing it.
   4. The deliberations, meetings and other proceedings of the commission
 and  any  committee  thereof  shall  be governed by article seven of the
 public officers law. Any one or more members may participate in a  meet-
 ing  by  means  of  a  conference telephone, conference video or similar
 communications equipment allowing all persons participating in the meet-
 ing to hear each other at the same time.  Participation  by  such  means
 shall constitute presence in person at a meeting. At any meetings of the
 commission  conducted  by  means  of  a conference telephone, conference
 video  or  similar  communications  equipment,  other   than   executive
 sessions, the public shall be given an opportunity to listen. If a meet-
 ing  other  than  an  executive session is to be conducted by means of a
 conference telephone, conference video or similar communications  equip-
 ment,  the  public  notice  for the meeting shall inform the public that
 such equipment will be used, and identify the means by which the  public
 may listen to such meeting.
   5. The commission may form such advisory committees as it deems neces-
 sary,  convenient,  or  desirable to advise and assist in performing the
 duties conferred by this act.

 S. 3033                             3
 
   6. The commission shall hold  at  least  four  public  hearings  where
 members  of  the public shall be provided an opportunity to present oral
 and/or written testimony relevant to the commission's mission.
   7.  The  members  of  the commission shall receive no compensation for
 their services, but shall be allowed their actual and necessary expenses
 incurred in the performance of their duties pursuant to  this  act.  The
 division  of  minority  and women's business development shall staff the
 commission and the functions and duties  shall  be  accomplished  within
 available funds appropriated thereto.
   8.  The  commission  shall issue an interim report to the governor and
 the legislature of its findings,  conclusions  and  recommendations  one
 year  after  the  effective  date of this section and a final report two
 years after the effective date of this section, and  shall  submit  with
 such  reports such legislative proposals as it deems necessary to imple-
 ment its recommendations.
   § 3. The empire state development corporation shall create a  fund  to
 promote,  establish,  and  support mentor-protege training programs, and
 union transition training programs  to  assist  non-union  minority  and
 women-owned  business  enterprises to perform as union contractors.  The
 empire state development corporation shall distribute grants  from  such
 fund  throughout  the  state,  within each regional economic development
 council zone, and in proportion to the population  of  each  zone.  Such
 grants shall be eligible and distributed to organizations, including but
 not  limited  to,  labor-affiliated  organizations  and  community-based
 organizations through a noncompetitive grant program to be  administered
 by the director of the minority and women's business division within the
 empire  state  development  corporation.  The  empire  state development
 corporation shall promulgate rules and regulations for the  distribution
 of  such  grants, which shall require mentor businesses to demonstrate a
 tangible benefit to protege businesses.
   § 4. The sum of twenty-five million dollars ($25,000,000), or so  much
 thereof  as may be necessary, is hereby appropriated to the empire state
 development corporation out of any moneys in the state treasury  in  the
 general  fund  to  create  a  fund  to  promote,  establish, and support
 mentor-protege training programs and union transition training programs,
 not otherwise appropriated, and  made  immediately  available,  for  the
 purpose  of  carrying  out  the provisions of section three of this act.
 Such moneys shall be payable on the audit and warrant of the comptroller
 on vouchers certified or approved by the empire state development corpo-
 ration in the manner prescribed by law.
   § 5. This act shall take effect immediately;  provided,  however  that
 sections  two,  three  and  four  shall take effect on the thirtieth day
 after this act shall have become a law; provided, further, that  section
 two of this act shall expire and be deemed repealed two years after such
 section  takes  effect.  Effective  immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.