S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6575
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                               June 16, 2019
                                ___________
 
 Introduced by Sen. SANDERS -- (at request of the Governor) -- read twice
   and ordered printed, and when printed to be committed to the Committee
   on Rules
 
 AN  ACT  to amend the executive law, the public buildings law, the state
   finance law and the public authorities law in relation  to  the  reau-
   thorization  of  the  minority  and  women-owned  business  enterprise
   program and to amend chapter 261 of the laws  of  1988,  amending  the
   state  finance  law  and  other  laws  relating  to the New York state
   infrastructure trust fund, in relation to the  effectiveness  thereof;
   and  providing  for  the  repeal of certain provisions upon expiration
   thereof (Part __);
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
                                  PART __
 
   Section  1.  Paragraph (e) of subdivision 7, paragraph (b) of subdivi-
 sion 8, subdivision 13, paragraph (e) of  subdivision  15,  subdivisions
 16,  19, 21 and 22 of section 310 of the executive law, paragraph (b) of
 subdivision 8 as added by chapter 261 of the laws of 1988, paragraph (e)
 of subdivision 7 and paragraph (e) of subdivision 15 as amended by chap-
 ter 22 of the laws of 2014, subdivision 13 as amended by chapter 506  of
 the  laws  of  2009,  subdivision 16 as added by section 3 of part BB of
 chapter 59 of the laws of 2006, and subdivisions 19, 21 and 22 as  added
 by chapter 175 of the laws of 2010, are amended to read as follows:
   (e)  an enterprise owned by an individual or individuals, whose owner-
 ship, control and operation are relied upon for  certification,  with  a
 personal  net  worth  that does not exceed [three] FIFTEEN million [five
 hundred thousand] dollars, AND SUCH OTHER AMOUNT AS THE  DIRECTOR  SHALL
 SET  FORTH  IN REGULATIONS, as adjusted annually on the first of January
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD12034-01-9

              

 S. 6575                             2
 
 for inflation according to the consumer  price  index  of  the  previous
 year; and
   (b)  [Hispanic]  HISPANIC/LATINO  persons  of  Mexican,  Puerto Rican,
 Dominican, Cuban, Central or South American of either Indian or Hispanic
 origin, regardless of race;
   13. "State contract" shall mean: (a) a written agreement  or  purchase
 order  instrument,  providing for a total expenditure in excess of twen-
 ty-five thousand dollars, whereby a contracting agency is  committed  to
 expend  or does expend funds in return for labor, services including but
 not  limited  to  legal,  financial  and  other  professional  services,
 supplies,  equipment,  materials or any combination of the foregoing, to
 be performed for,  ON  BEHALF  OF,  or  rendered  or  furnished  to  the
 contracting  agency;  (b)  a  written agreement in excess of one hundred
 thousand dollars whereby a contracting agency is committed to expend  or
 does   expend  funds  for  the  acquisition,  construction,  demolition,
 replacement, major repair or renovation of real  property  and  improve-
 ments  thereon;  and  (c)  a  written agreement in excess of one hundred
 thousand dollars whereby the owner of a state assisted  housing  project
 is  committed  to  expend  or  does  expend  funds  for the acquisition,
 construction, demolition, replacement, major  repair  or  renovation  of
 real property and improvements thereon for such project.
   (e)  an enterprise owned by an individual or individuals, whose owner-
 ship, control and operation are relied upon for  certification,  with  a
 personal  net  worth  that does not exceed [three] FIFTEEN million [five
 hundred thousand] dollars, AND SUCH OTHER AMOUNT AS THE  DIRECTOR  SHALL
 SET  FORTH  IN REGULATIONS, as adjusted annually on the first of January
 for inflation according to the consumer  price  index  of  the  previous
 year; and
   16.  "Statewide  advocate"  shall  mean  the  person  appointed by the
 [commissioner] DIRECTOR to serve in the capacity  of  the  minority  and
 women-owned  business  enterprise  statewide  advocate  AND  PROCUREMENT
 OMBUDSMAN.
   19. "Personal net worth" shall mean the aggregate adjusted  net  value
 of  the  assets  of  an individual remaining after total liabilities are
 deducted. Personal net worth includes the individual's share  of  assets
 held  jointly  with  said  individual's  spouse and does not include the
 individual's ownership interest in the  certified  minority  and  women-
 owned business enterprise, the individual's equity in his or her primary
 residence,  OWNERSHIP  INTEREST IN A HOLDING COMPANY ESTABLISHED FOR THE
 EXCLUSIVE AND SOLE PURPOSE OF LEASING MACHINERY, EQUIPMENT, OR  VEHICLES
 EXCLUSIVELY TO THE CERTIFIED MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISE
 THAT IS MAJORITY OWNED BY THE MINORITY GROUP MEMBER OR WOMAN RELIED UPON
 FOR CERTIFICATION, AND THE HOLDING COMPANY DOES NOT OWN ANY OTHER ASSETS
 OF ANY KIND, or up to [five] SEVEN hundred FIFTY thousand dollars of the
 present  cash value of any qualified retirement savings plan or individ-
 ual retirement account held by the individual  less  any  penalties  for
 early withdrawal.
   21.  "The  [2010]  disparity study" shall refer to the disparity study
 commissioned by the [empire state development corporation] DEPARTMENT OF
 ECONOMIC DEVELOPMENT, pursuant to section three hundred twelve-a of this
 article, and published on [April twenty-nine] JUNE THIRTIETH, two  thou-
 sand [ten] SEVENTEEN.
   22.  "Diversity  practices"  shall mean the contractor's practices and
 policies with respect to:

 S. 6575                             3
 
   (a) utilizing OR MENTORING certified minority and women-owned business
 enterprises in contracts awarded by  a  state  agency  or  other  public
 corporation, as subcontractors and suppliers; and
   (b)  entering  into  partnerships,  joint  ventures  or  other similar
 arrangements with certified minority  and  women-owned  business  enter-
 prises  as  defined in this article or other applicable statute or regu-
 lation governing an entity's  utilization  of  minority  or  women-owned
 business enterprises.
   § 2. Paragraphs (f) and (i) of subdivision 3 and the opening paragraph
 of  subdivision  4 of section 311 of the executive law, paragraph (f) of
 subdivision 3 as added by chapter 261 of the laws of 1988, paragraph (i)
 of subdivision 3 as added by section 1 of part BB of chapter 59  of  the
 laws  of  2006  and the opening paragraph of subdivision 4 as amended by
 chapter 361 of the laws of 2009, are amended and a new  paragraph  (d-1)
 is  added  to subdivision 3 and two new paragraphs (d) and (e) are added
 to subdivision 4 to read as follows:
   (D-1) TO REQUIRE ALL CONTRACTING STATE AGENCIES TO DEVELOP A FOUR-YEAR
 GROWTH PLAN TO DETERMINE A MEANS OF  PROMOTING  AND  INCREASING  PARTIC-
 IPATION  BY  MINORITY-OWNED  AND  WOMEN-OWNED  BUSINESS ENTERPRISES WITH
 RESPECT TO STATE CONTRACTS AND SUBCONTRACTS. EVERY FOUR YEARS, BEGINNING
 SEPTEMBER FIFTEENTH, TWO THOUSAND TWENTY, EACH CONTRACTING STATE  AGENCY
 SHALL SUBMIT A FOUR-YEAR GROWTH PLAN AS PART OF ITS ANNUAL REPORT TO THE
 GOVERNOR  AND  LEGISLATURE PURSUANT TO SECTION ONE HUNDRED SIXTY-FOUR OF
 THIS CHAPTER.
   (f) to prepare and update [periodically], NO  LESS  THAN  ANNUALLY,  a
 directory  of  certified  minority  and women-owned business enterprises
 which shall, wherever practicable, be divided into categories of  labor,
 services,  supplies,  equipment,  materials  and recognized construction
 trades and which shall indicate areas or locations of  the  state  where
 such enterprises are available to perform services;
   (i)  to  streamline  the state certification process to accept federal
 and municipal corporation certifications;
   (J) TO MAKE PUBLICLY AVAILABLE RECORDS OF ALL  WAIVERS  OF  COMPLIANCE
 REPORTED  PURSUANT  TO PARAGRAPH (B) OF SUBDIVISION SIX OF SECTION THREE
 HUNDRED THIRTEEN OF THIS ARTICLE ON THE DIVISION'S WEBSITE.
   The director [may] SHALL provide assistance to, and facilitate  access
 to programs serving certified businesses as well as applicants to ensure
 that  such businesses benefit, as needed, from technical, managerial and
 financial, and general business assistance; training; marketing;  organ-
 ization  and personnel skill development; project management assistance;
 technology assistance; bond  and  insurance  education  assistance;  and
 other  business  development  assistance.  THE DIRECTOR SHALL MAINTAIN A
 TOLL-FREE NUMBER AT THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO BE USED TO
 ANSWER QUESTIONS CONCERNING THE MWBE CERTIFICATION PROCESS. In addition,
 the director may, either independently  or  in  conjunction  with  other
 state agencies:
   (D)  CONDUCT  OUTREACH EVENTS, TRAINING WORKSHOPS, SEMINARS, AND OTHER
 SUCH EDUCATIONAL PROGRAMS THROUGHOUT THE STATE, INCLUDING  ALL  REGIONAL
 OFFICES,  TO  STATE  AGENCIES, EXTERNAL STAKEHOLDERS, AND THE PUBLIC, TO
 PROMOTE AWARENESS AND UTILIZATION OF MINORITY AND  WOMEN-OWNED  BUSINESS
 ENTERPRISES; AND
   (E) IDENTIFY AND ESTABLISH MENTORSHIP OPPORTUNITIES AND OTHER BUSINESS
 DEVELOPMENT  PROGRAMS  TO INCREASE CAPACITY AND BETTER PREPARE MWBES FOR
 BIDDING ON CONTRACTS WITH STATE AGENCIES UPON SUCCESSFUL  COMPLETION  OF
 THE  MENTORSHIP  OPPORTUNITY.  SUCH  MENTORSHIP  OPPORTUNITIES  SHALL BE

 S. 6575                             4
 
 INTENDED TO ENSURE THAT MENTOR AND  MENTEE  ARE  CONNECTED  BASED  ON  A
 COMMERCIALLY USEFUL FUNCTION.
   § 3. Section 311-a of the executive law, as added by section 4 of part
 BB of chapter 59 of the laws of 2006, is amended to read as follows:
   §  311-a. Minority and women-owned business enterprise statewide advo-
 cate. 1. There is hereby established within the [department of  economic
 development]  DIVISION OF MINORITY AND WOMEN'S BUSINESS an office of the
 minority and women-owned business  enterprise  statewide  advocate.  The
 statewide  advocate  shall  be  appointed  by  the commissioner with the
 advice of the small business advisory board as  established  in  section
 one hundred thirty-three of the economic development law and shall serve
 in  the  unclassified  service  of the director. [The statewide advocate
 shall be located in the Albany empire state development office].
   2. The advocate shall act as a liaison for  minority  and  women-owned
 business  enterprises  (MWBEs)  to  assist  them in obtaining technical,
 managerial, financial and other business assistance for certified  busi-
 nesses  and  applicants.  The  advocate  shall  RECEIVE  AND investigate
 complaints brought by or on behalf  of  MWBEs  concerning  certification
 delays  and  instances  of  violations of [law] THE REQUIREMENTS OF THIS
 ARTICLE BY CONTRACTORS AND by state  agencies.  The  statewide  advocate
 [shall]  MAY  assist  certified businesses and applicants in the certif-
 ication process. Other functions of  the  statewide  advocate  shall  be
 directed  by the commissioner. The advocate may request and the director
 may appoint staff and employees of the division of  minority  and  women
 business  development to support the administration of the office of the
 statewide advocate.
   3. The statewide advocate [shall establish a toll-free number  at  the
 department  of  economic  development  to  be  used  to answer questions
 concerning the MWBE certification process] SHALL CONDUCT PERIODIC AUDITS
 OF STATE CONTRACTING  AGENCIES'  COMPLIANCE  WITH  THE  REQUIREMENTS  OF
 SECTION THREE HUNDRED FIFTEEN OF THIS ARTICLE, SUCH AUDITS SHALL INCLUDE
 A REVIEW OF THE BOOKS AND RECORDS OF STATE CONTRACTING AGENCIES CONCERN-
 ING,  AMONG  OTHER  THINGS,  ANNUAL  AGENCY EXPENDITURES, ANNUAL PARTIC-
 IPATION OF  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISES  AS  PRIME
 CONTRACTORS  AND  SUBCONTRACTORS  IN  STATE  CONTRACTING AGENCIES' STATE
 CONTRACTS, AND DOCUMENTATION OF STATE CONTRACTING AGENCIES'  GOOD  FAITH
 EFFORTS TO MAXIMIZE MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTIC-
 IPATION IN SUCH AGENCIES' CONTRACTING.
   4.  THE  STATEWIDE  ADVOCATE SHALL INVESTIGATE COMPLAINTS BY CERTIFIED
 MINORITY-OWNED BUSINESS ENTERPRISES OR WOMEN-OWNED BUSINESS  ENTERPRISES
 CONCERNING  A PROCURING GOVERNMENTAL ENTITY'S FAILURE TO COMPLY WITH THE
 REQUIREMENTS OF SECTION THREE HUNDRED FIFTEEN OF THIS ARTICLE.
   5. The statewide advocate shall report to the director and commission-
 er by November fifteenth on an annual basis on all activities related to
 fulfilling the obligations of  the  office  of  the  statewide  advocate
 INCLUDING,  BUT  NOT  LIMITED  TO: (A) THE NUMBER OF COMPLAINTS INVESTI-
 GATED; (B) THE RESOLUTION OF COMPLAINTS, AS APPLICABLE; AND (C) INFORMA-
 TION REGARDING  AUDITS  CONDUCTED  PURSUANT  TO  THIS  SUBDIVISION.  The
 [commissioner] DIRECTOR shall include the unedited text of the statewide
 advocate's  report  within  the  reports  submitted by the department of
 economic development to the governor and the legislature.
   § 4. Section 312-a of the executive law, as amended by  section  1  of
 part Q of chapter 58 of the laws of 2015, is amended to read as follows:
   §  312-a.  Study  of  minority  and  women-owned  business [enterprise
 programs] ENTERPRISES. 1. The director of the division of  minority  and
 women-owned business development [in the department of economic develop-

 S. 6575                             5

 ment]  is  authorized and directed to recommission a statewide disparity
 study regarding the participation of minority and  women-owned  business
 enterprises in state contracts since the amendment of this article to be
 delivered   to  the  governor  and  legislature  no  later  than  August
 fifteenth, two thousand [sixteen] TWENTY-THREE.    The  study  shall  be
 prepared by an entity independent of the department and selected through
 a request for proposal process. The purpose of such study is:
   (a)  to  determine  whether there is a disparity between the number of
 qualified minority and women-owned businesses ready, willing and able to
 perform state contracts for commodities, services and construction,  and
 the  number  of  such  contractors  actually  engaged  to  perform  such
 contracts, and to determine what changes, if  any,  should  be  made  to
 state  policies affecting minority and women-owned business enterprises;
 [and]
   (b) to determine whether there is a disparity between  the  number  of
 qualified  minorities and women ready, willing and able, with respect to
 labor markets, qualifications and other relevant factors, to participate
 in contractor employment, management level bodies, including  boards  of
 directors,  and as senior executive officers within contracting entities
 and the number of such group members  actually  employed  or  affiliated
 with  state  contractors in the aforementioned capacities, and to deter-
 mine what changes, if any, should be made to  state  policies  affecting
 minority  and  women group populations with regard to state contractors'
 employment and appointment practices relative to diverse group  members.
 Such  study  shall  include,  but  not be limited to, an analysis of the
 history of minority and women-owned  business  enterprise  programs  and
 their effectiveness as a means of securing and ensuring participation by
 minorities and women, and a disparity analysis by market area and region
 of  the  state.  Such  study  shall  distinguish between minority males,
 minority females and non-minority females in the  statistical  analysis;
 AND
   (C)  SUCH  STUDY  SHALL ALSO INCLUDE AN ANALYSIS OF THE UTILIZATION ON
 STATE AGENCY CONTRACTS OF BUSINESSES OWNED BY AN INDIAN NATION OR TRIBE,
 AS SUCH TERM IS DEFINED IN SECTION TWO OF  THE  INDIAN  LAW,  WHETHER  A
 DISPARITY  EXISTS BETWEEN AVAILABILITY OF SUCH BUSINESSES TO PARTICIPATE
 ON STATE AGENCY CONTRACTS AND UTILIZATION, AND, IF SO,  THE  FEASIBILITY
 OF  AUTHORIZING  AN  INDIAN  NATION  OR TRIBE OWNED BUSINESSES TO BECOME
 CERTIFIED AS A PARTICIPANT IN  THE  MINORITY  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISE PROGRAM.
   2.  The director of the division of minority and [women-owned] WOMEN'S
 business development is directed to transmit the disparity study to  the
 governor  and the legislature not later than August fifteenth, two thou-
 sand [sixteen] TWENTY-THREE, and to post the study on the website of the
 department of economic development.
   § 5. Section 313 of the executive law, as amended by  chapter  175  of
 the laws of 2010, is amended to read as follows:
   § 313. Opportunities  for  minority  and  women-owned  business enter-
 prises. 1. Goals and requirements for agencies and  contractors.    Each
 agency shall structure procurement procedures for contracts made direct-
 ly  or  indirectly  to minority and women-owned business enterprises, in
 accordance with the findings of the [two thousand ten] disparity  study,
 consistent  with the purposes of this article, to attempt to achieve the
 [following] RECOMMENDED results with regard to  total  annual  statewide
 procurement IN THE FOLLOWING INDUSTRIES:
   (a) construction industry for certified minority-owned business enter-
 prises[: fourteen and thirty-four hundredths percent];

 S. 6575                             6
 
   (b)  construction  industry  for certified women-owned business enter-
 prises[: eight and forty-one hundredths percent];
   (c)  construction related professional services industry for certified
 minority-owned business enterprises[: thirteen and twenty-one hundredths
 percent];
   (d) construction related professional services industry for  certified
 women-owned  business  enterprises[:  eleven  and  thirty-two hundredths
 percent];
   (e) non-construction related services industry for  certified  minori-
 ty-owned business enterprises[: nineteen and sixty hundredths percent];
   (f)  non-construction  related  services industry for certified women-
 owned  business  enterprises[:  seventeen  and   forty-four   hundredths
 percent];
   (g)  commodities industry for certified minority-owned business enter-
 prises[: sixteen and eleven hundredths percent];
   (h) commodities industry for  certified  women-owned  business  enter-
 prises[:  ten and ninety-three hundredths percent];
   (i)  overall  agency  total  dollar value of procurement for certified
 minority-owned business enterprises[: sixteen and fifty-three hundredths
 percent];
   (j) overall agency total dollar value  of  procurement  for  certified
 women-owned  business  enterprises[:  twelve  and thirty-nine hundredths
 percent]; and
   (k) overall agency total dollar value  of  procurement  for  certified
 minority, women-owned business enterprises[: twenty-eight and ninety-two
 hundredths percent].
   1-a.  The  director  shall  ensure  that  each  state  agency has been
 provided with [a] AN ELECTRONIC copy of the [two thousand ten] disparity
 study.
   1-b. Each agency shall develop and adopt agency-specific  goals  based
 on the findings of the [two thousand ten] disparity study.
   1-C.  THE  GOALS SET PURSUANT TO SUBDIVISION ONE OF THIS SECTION SHALL
 BE CONSISTENT WITH THE FINDINGS OF THE DISPARITY STUDY.
   2. The director shall promulgate rules and  regulations  [pursuant  to
 the  goals  established in] BASED ON subdivision one of this section AND
 THE FINDINGS OF THE DISPARITY STUDY that provide measures and procedures
 to ensure that certified minority and women-owned  businesses  shall  be
 given the opportunity for maximum feasible participation in the perform-
 ance  of state contracts and to assist in the agency's identification of
 those state contracts for which minority and women-owned certified busi-
 nesses may best bid to actively and  affirmatively  promote  and  assist
 their  participation  in  the  performance  of  state contracts so as to
 facilitate the agency's achievement of the maximum feasible  portion  of
 the goals for state contracts to such businesses.
   2-a.  The  director  shall  promulgate rules and regulations that will
 accomplish the following:
   (a) provide for the certification and decertification of minority  and
 women-owned business enterprises for all agencies through a single proc-
 ess that meets applicable requirements;
   (b) require that each contract solicitation document accompanying each
 solicitation  set  forth the expected degree of minority and women-owned
 business enterprise participation based, in part, on:
   (i) the potential subcontract opportunities  available  in  the  prime
 procurement contract; [and]
   (ii)  the  availability,  as  contained within the study, of certified
 minority and women-owned business enterprises to  respond  competitively

 S. 6575                             7
 
 to  the  potential  subcontract  opportunities AS REFLECTED IN THE DIVI-
 SION'S DIRECTORY OF CERTIFIED MINORITY AND WOMEN-OWNED  BUSINESS  ENTER-
 PRISES; AND
   (III) THE FINDINGS OF THE DISPARITY STUDY;
   (c)  require  that  each  agency  provide  a current list of certified
 minority business enterprises to each prospective contractor  OR  DIRECT
 THEM  TO  THE DIVISION'S DIRECTORY OF CERTIFIED MINORITY AND WOMEN-OWNED
 BUSINESS ENTERPRISES FOR SUCH PURPOSE;
   (d) allow a contractor that is a certified  minority-owned  or  women-
 owned  business  enterprise to use the work it performs to meet require-
 ments for use of certified minority-owned or women-owned business enter-
 prises as subcontractors;
   (e) ESTABLISH CRITERIA FOR AGENCIES TO  CREDIT  THE  PARTICIPATION  OF
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES TOWARDS THE ACHIEVEMENT OF
 THE  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION GOALS ON
 A STATE CONTRACT BASED ON THE COMMERCIALLY USEFUL FUNCTION  PROVIDED  BY
 EACH MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE ON THE CONTRACT;
   (F)  provide for joint ventures, which a bidder may count toward meet-
 ing its minority and women-owned business enterprise participation;
   [(f)] (G) consistent with subdivision six of this section, provide for
 circumstances under  which  an  agency  may  waive  obligations  of  the
 contractor  relating  to  minority  and  women-owned business enterprise
 participation;
   [(g)] (H) require that an agency verify that minority and  women-owned
 business enterprises listed in a successful bid are actually participat-
 ing to the extent listed in the project for which the bid was submitted;
   [(h)] (I) provide for the collection of statistical data by each agen-
 cy  concerning  actual  minority  and  women-owned  business  enterprise
 participation; [and
   (i)] (J) require each agency to consult  the  most  current  disparity
 study  when  calculating agency-wide and contract specific participation
 goals pursuant to this article; AND
   SUCH RULES SHALL SET FORTH THE MAXIMUM PERSONAL NET WORTH OF A MINORI-
 TY GROUP MEMBER OR WOMAN WHO MAY BE RELIED UPON TO CERTIFY A BUSINESS AS
 A MINORITY-OWNED BUSINESS ENTERPRISE OR WOMEN-OWNED BUSINESS ENTERPRISE,
 AND MAY ESTABLISH DIFFERENT MAXIMUM LEVELS OF  PERSONAL  NET  WORTH  FOR
 MINORITY  GROUP  MEMBERS  AND WOMEN ON AN INDUSTRY-BY-INDUSTRY BASIS FOR
 SUCH INDUSTRIES AS THE  DIRECTOR  SHALL  DETERMINE.    SUCH  REGULATIONS
 RELATING  TO THE CLASSIFICATION OF THE INDUSTRY-BY-INDUSTRY PERSONAL NET
 WORTH THRESHOLDS  ABOVE  THE  FIFTEEN  MILLION  DOLLAR  THRESHOLD  SHALL
 CONSIDER  THE  PERSONAL  NET  WORTH  OF THE OWNERS OF BOTH CERTIFIED AND
 NON-CERTIFIED BUSINESSES, INCLUDING BUT NOT LIMITED TO,  PRIME  CONTRAC-
 TORS  AND  SUBCONTRACTORS,  AS  WELL AS ANY SUCH OTHER FACTORS NEEDED TO
 ESTABLISH SUCH THRESHOLDS.  THE PROVISIONS OF THE REGULATIONS PERTAINING
 TO PERSONAL NET WORTH SHALL, TO THE EXTENT PRACTICABLE,  BE  IMPLEMENTED
 BY  JUNE  THIRTIETH,  TWO THOUSAND TWENTY AND SHALL CONSIDER ADJUSTMENTS
 FOR INFLATION ANNUALLY ON JANUARY FIRST OF THE PREVIOUS  YEAR  ACCORDING
 TO THE CONSUMER PRICE INDEX.
   3.  Solely for the purpose of providing the opportunity for meaningful
 participation by  certified  businesses  in  the  performance  of  state
 contracts  as  provided  in  this section, state contracts shall include
 leases of real property by a state agency to a lessee where:  the  terms
 of  such  leases  provide for the construction, demolition, replacement,
 major repair or renovation of real property and improvements thereon  by
 such lessee; and the cost of such construction, demolition, replacement,
 major  repair  or  renovation  of real property and improvements thereon

 S. 6575                             8
 
 shall exceed the sum of one hundred thousand  dollars.  Reports  to  the
 director pursuant to section three hundred fifteen of this article shall
 include activities with respect to all such state contracts. Contracting
 agencies  shall  include or require to be included with respect to state
 contracts for the acquisition,  construction,  demolition,  replacement,
 major  repair  or  renovation of real property and improvements thereon,
 such provisions as may be necessary to effectuate the provisions of this
 section in every bid specification and state  contract,  including,  but
 not  limited  to:  (a)  provisions  requiring contractors to make a good
 faith effort to solicit active participation by  enterprises  identified
 in  the  directory  of certified businesses [provided to the contracting
 agency by the office]; (b) requiring the parties to agree as a condition
 of entering into such contract, to be bound by the provisions of section
 three hundred sixteen of this article; and (c) requiring the  contractor
 to  include  the  provisions set forth in paragraphs (a) and (b) of this
 subdivision in every subcontract in a manner that the provisions will be
 binding upon each subcontractor as  to  work  in  connection  with  such
 contract.  Provided,  however,  that no such provisions shall be binding
 upon contractors or subcontractors in the performance  of  work  or  the
 provision  of services that are unrelated, separate or distinct from the
 state contract as expressed by its terms, and nothing  in  this  section
 shall  authorize  the  director  or any contracting agency to impose any
 requirement on a contractor or subcontractor except with  respect  to  a
 state contract.
   4. In the implementation of this section, the contracting agency shall
 (a) consult the findings contained within the disparity study evidencing
 relevant   industry  specific  [availability  of  certified  businesses]
 DISPARITIES IN THE UTILIZATION OF MINORITY  AND  WOMEN-OWNED  BUSINESSES
 RELATIVE TO THEIR AVAILABILITY;
   (b)  implement  a program that will enable the agency to evaluate each
 contract to determine the  [appropriateness  of  the]  APPROPRIATE  goal
 [pursuant  to  subdivision  one  of  this  section] FOR PARTICIPATION BY
 MINORITY-OWNED   BUSINESS   ENTERPRISES   AND    WOMEN-OWNED    BUSINESS
 ENTERPRISES;
   (c)  consider  where  practicable,  the  severability  of construction
 projects and other bundled contracts; and
   (d) consider compliance with  the  requirements  of  any  federal  law
 concerning  opportunities  for  minority and women-owned business enter-
 prises which effectuates the purpose of this  section.  The  contracting
 agency shall determine whether the imposition of the requirements of any
 such  law  duplicate  or conflict with the provisions hereof and if such
 duplication or conflict exists, the contracting agency shall  waive  the
 applicability  of  this  section  to  the  extent of such duplication or
 conflict.
   5. (a) Contracting agencies shall administer the rules and regulations
 promulgated by the director in a good faith effort to [meet] ACHIEVE the
 maximum feasible [portion of the agency's goals] PARTICIPATION BY MINOR-
 ITY AND WOMEN OWNED BUSINESS ENTERPRISES adopted pursuant to this  arti-
 cle  and  the  regulations  of the director. Such rules and regulations:
 shall require a contractor to submit a utilization plan after  bids  are
 opened,  when  bids  are  required,  but  prior  to the award of a state
 contract; shall require the contracting agency to review the utilization
 plan submitted by the contractor and to post the  utilization  plan  and
 any  waivers  of  compliance  issued pursuant to subdivision six of this
 section on the website of the contracting agency  [within  a  reasonable
 period  of  time  as  established  by  the  director]; shall require the

 S. 6575                             9
 
 contracting agency to notify the contractor in writing within  a  period
 of  time  specified  by the director as to any deficiencies contained in
 the contractor's utilization plan; shall require remedy thereof within a
 period  of  time specified by the director; shall require the contractor
 to submit periodic compliance reports  relating  to  the  operation  and
 implementation  of  any  utilization plan; shall not allow any automatic
 waivers but shall allow a contractor to apply for  a  partial  or  total
 waiver of the minority and women-owned business enterprise participation
 requirements  pursuant  to  subdivisions  six and seven of this section;
 shall allow a contractor to file a complaint with the director  pursuant
 to  subdivision  eight of this section in the event a contracting agency
 has failed or refused to issue a waiver of the minority and  women-owned
 business  enterprise  participation  requirements  or  has  denied  such
 request for a waiver; and shall allow a contracting  agency  to  file  a
 complaint with the director pursuant to subdivision nine of this section
 in  the  event  a contractor is failing or has failed to comply with the
 minority and women-owned business enterprise participation  requirements
 set forth in the state contract where no waiver has been granted.
   (b) The rules and regulations promulgated pursuant to this subdivision
 regarding  a  utilization plan shall provide that where enterprises have
 been identified within a utilization plan, a contractor  shall  attempt,
 in  good  faith, to utilize such enterprise at least to the extent indi-
 cated. A contracting agency may require a contractor to indicate, within
 a utilization plan, what measures and procedures he or  she  intends  to
 take to comply with the provisions of this article, but may not require,
 as  a  condition  of  award  of,  or  compliance with, a contract that a
 contractor  utilize  a  particular  enterprise  in  performance  of  the
 contract.
   (c) Without limiting other grounds for the disqualification of bids or
 proposals  on  the basis of non-responsibility, a contracting agency may
 disqualify the bid or proposal of a contractor as being  non-responsible
 for  failure  to  remedy notified deficiencies contained in the contrac-
 tor's utilization plan within a period of time specified in  regulations
 promulgated  by  the director after receiving notification of such defi-
 ciencies from the contracting agency. Where failure to remedy any  noti-
 fied  deficiency  in  the utilization plan is a ground for disqualifica-
 tion, that issue and all other grounds  for  disqualification  shall  be
 stated in writing by the contracting agency. Where the contracting agen-
 cy states that a failure to remedy any notified deficiency in the utili-
 zation  plan  is  a  ground for disqualification the contractor shall be
 entitled to an  administrative  hearing,  on  a  record,  involving  all
 grounds  stated  by  the  contracting  agency.  Such  hearing  shall  be
 conducted by the appropriate authority  of  the  contracting  agency  to
 review  the  determination  of  disqualification. A final administrative
 determination made following such  hearing  shall  be  reviewable  in  a
 proceeding  commenced  under article seventy-eight of the civil practice
 law and rules, provided that such proceeding is commenced within  thirty
 days  of  the  notice  given  by certified mail return receipt requested
 rendering such final administrative determination. Such proceeding shall
 be commenced in the supreme court, appellate division, third  department
 and  such  proceeding  shall  be  preferred  over all other civil causes
 except election causes, and shall be heard and determined in  preference
 to  all  other  civil business pending therein, except election matters,
 irrespective of position on the calendar. Appeals taken to the court  of
 appeals  of  the  state of New York shall be subject to the same prefer-
 ence.

 S. 6575                            10
 
   6. (A) Where it appears that a contractor cannot, after a  good  faith
 effort,  comply  with  the  minority and women-owned business enterprise
 participation requirements set forth in a particular state  contract,  a
 contractor  may  file  a written application with the contracting agency
 requesting  a partial or total waiver of such requirements setting forth
 the reasons for such contractor's inability to meet any or  all  of  the
 participation  requirements  together with an explanation of the efforts
 undertaken by the contractor to obtain the required minority and  women-
 owned  business enterprise participation. In implementing the provisions
 of this section, the contracting agency shall consider  the  number  and
 types  of minority and women-owned business enterprises [located] AVAIL-
 ABLE TO PROVIDE GOODS OR SERVICES REQUIRED UNDER  THE  CONTRACT  in  the
 region  in which the state contract is to be performed, the total dollar
 value of the state contract, the scope of work to be performed  and  the
 project size and term. If, based on such considerations, the contracting
 agency  determines there is not a reasonable availability of contractors
 on the list of certified business to furnish services for  the  project,
 it  shall issue a waiver of compliance to the contractor. In making such
 determination, the contracting agency shall first  consider  the  avail-
 ability  of  other  business enterprises located in the region and shall
 thereafter consider the financial ability of  minority  and  women-owned
 businesses  located  outside  the  region in which the contract is to be
 performed to perform the state contract.
   (B) UPON THE ISSUANCE OF ALL WAIVERS  OF  COMPLIANCE  AS  PROVIDED  IN
 PARAGRAPH  (A)  OF  THIS  SUBDIVISION, THE CONTRACTING AGENCY SHALL: (I)
 REPORT THE ISSUANCE OF THE WAIVER TO THE DIRECTOR; AND (II)  PUBLISH  ON
 THE CONTRACTING AGENCY'S WEBSITE ON A MONTHLY BASIS, IF PRACTICABLE, BUT
 NO  LESS  THAN  ON  A  QUARTERLY  BASIS: (1) INFORMATION IDENTIFYING THE
 CONTRACT, INCLUDING THE VALUE OF THE  CONTRACT;  (2)  THE  NAME  OF  THE
 CONTRACTOR RECEIVING THE WAIVER; (3) THE DATE OF THE WAIVER; AND (4) THE
 SPECIFIC CONTRACT PROVISIONS TO WHICH THE WAIVER APPLIES.
   7.  For  purposes  of  determining a contractor's good faith effort to
 comply with the requirements of this section or  to  be  entitled  to  a
 waiver therefrom the contracting agency shall consider:
   (a)  whether  the  contractor  has  advertised  in general circulation
 media, trade association publications, and minority-focus and  women-fo-
 cus  media  and, in such event, (i) whether or not certified minority or
 women-owned businesses which  have  been  solicited  by  the  contractor
 exhibited  interest  in submitting proposals for a particular project by
 attending, OR HAVING ATTENDED, a pre-bid conference, IF  ANY,  SCHEDULED
 BY  THE STATE AGENCY AWARDING THE STATE CONTRACT WITH CERTIFIED MINORITY
 AND WOMEN-OWNED BUSINESS ENTERPRISES; and
   (ii) whether certified businesses which have  been  solicited  by  the
 contractor have responded in a timely fashion to the contractor's solic-
 itations  for timely competitive bid quotations prior to the contracting
 agency's bid date; and
   (b) whether [there has been] THE CONTRACTOR  PROVIDED  TIMELY  written
 notification  OF  SUBCONTRACTING  OPPORTUNITIES ON THE STATE CONTRACT to
 appropriate certified businesses that appear in the directory of  certi-
 fied  businesses prepared pursuant to paragraph (f) of subdivision three
 of section three hundred eleven of this article; and
   (c) whether the contractor can reasonably structure the amount of work
 to be performed under subcontracts in order to increase  the  likelihood
 of participation by certified businesses.
   8.  In the event that a contracting agency fails or refuses to issue a
 waiver to a contractor as requested within twenty days after having made

 S. 6575                            11
 
 application therefor pursuant to subdivision six of this section  or  if
 the contracting agency denies such application, in whole or in part, the
 contractor  may  file  a complaint with the director pursuant to section
 three  hundred  sixteen  of  this  article  setting  forth the facts and
 circumstances giving rise to the contractor's complaint together with  a
 demand  for  relief. The contractor shall serve a copy of such complaint
 upon the contracting agency by personal service or  by  certified  mail,
 return  receipt  requested.  The contracting agency shall be afforded an
 opportunity to respond to such complaint in writing.
   9. If, after the review of a contractor's minority and  [women  owned]
 WOMEN-OWNED business utilization plan or review of a periodic compliance
 report  and  after  such  contractor has been afforded an opportunity to
 respond to a notice of deficiency issued by the  contracting  agency  in
 connection  therewith, it appears that a contractor is failing or refus-
 ing to comply with the minority and women-owned  business  participation
 requirements as set forth in the state contract and where no waiver from
 such  requirements  has  been granted, the contracting agency may file a
 written complaint with the director pursuant to  section  three  hundred
 sixteen of this article setting forth the facts and circumstances giving
 rise  to  the  contracting agency's complaint together with a demand for
 relief.  The contracting agency shall serve a  copy  of  such  complaint
 upon  the  contractor  by  personal service or by certified mail, return
 receipt requested. The contractor shall be afforded  an  opportunity  to
 respond to such complaint in writing.
   §  6. Section 314 of the executive law, as added by chapter 216 of the
 laws of 1988, subdivision 2-a as amended by chapter 175 of the  laws  of
 2010,  subdivision  2-b  as  added  by  chapter 409 of the laws of 2018,
 subdivision 4 as amended and subdivision 5 as added by  chapter  399  of
 the laws of 2014, is amended to read as follows:
   § 314. Statewide  certification program. 1. The director shall promul-
 gate rules and regulations providing for the establishment of  a  state-
 wide certification program including rules and regulations governing the
 approval, denial or revocation of any such certification INCLUDING REVO-
 CATIONS  FOR  CONVICTIONS FOR FRAUDULENTLY MISREPRESENTING THE STATUS OF
 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES. SUCH RULES SHALL SET FORTH
 THE MAXIMUM PERSONAL NET WORTH OF A MINORITY GROUP MEMBER OR  WOMAN  WHO
 MAY  BE  RELIED  UPON TO CERTIFY A BUSINESS AS A MINORITY-OWNED BUSINESS
 ENTERPRISE OR WOMEN-OWNED BUSINESS ENTERPRISE WITH  A  MINIMUM  PERSONAL
 NET  WORTH  THRESHOLD  OF  FIFTEEN  MILLION  DOLLARS, AND MAY THEREAFTER
 ESTABLISH DIFFERENT MAXIMUM LEVELS OF PERSONAL NET  WORTH  FOR  MINORITY
 GROUP MEMBERS AND WOMEN ON AN INDUSTRY-BY-INDUSTRY BASIS FOR SUCH INDUS-
 TRIES AS THE DIRECTOR SHALL DETERMINE.  SUCH REGULATIONS RELATING TO THE
 CLASSIFICATION OF THE INDUSTRY-BY-INDUSTRY PERSONAL NET WORTH THRESHOLDS
 ABOVE  THE  FIFTEEN MILLION DOLLAR THRESHOLD SHALL CONSIDER THE PERSONAL
 NET WORTH OF THE OWNERS OF BOTH CERTIFIED AND NON-CERTIFIED  BUSINESSES,
 INCLUDING  BUT  NOT LIMITED TO, PRIME CONTRACTORS AND SUBCONTRACTORS, AS
 WELL AS ANY SUCH OTHER FACTORS NEEDED TO ESTABLISH SUCH THRESHOLDS. Such
 rules and regulations shall include, but not be limited to, such matters
 as may be required to ensure that the established procedures  thereunder
 shall  at  least  be  in  compliance with the code of fair procedure set
 forth in section seventy-three of the civil rights law.
   2. For the purposes of this article, the office shall  be  responsible
 for  verifying  businesses  as  being owned, operated, and controlled by
 minority group members or women and for certifying such  verified  busi-
 nesses.  The  director shall prepare a directory of certified businesses
 for use by contracting agencies and  contractors  in  carrying  out  the

 S. 6575                            12
 
 provisions of this article. The director shall periodically, BUT NO LESS
 THAN ANNUALLY, update the directory.
   2-a.  (a) The director shall establish a procedure enabling the office
 to accept New York municipal corporation certification verification  for
 minority  and  women-owned  business  enterprise  applicants  in lieu of
 requiring the applicant to complete the state certification process. The
 director shall promulgate rules and regulations to  set  forth  criteria
 for  the acceptance of municipal corporation certification. All eligible
 municipal corporation certifications shall require business  enterprises
 seeking certification to meet the following standards:
   (i)  have  at  least  fifty-one  percent  ownership by a minority or a
 women-owned enterprise and be owned by United States citizens or  perma-
 nent resident aliens;
   (ii)  be  an  enterprise  in which the minority and/or women-ownership
 interest is real, substantial and continuing;
   (iii) be an enterprise in which the  minority  and/or  women-ownership
 has  and exercises the authority to control independently the day-to-day
 business decisions of the enterprise;
   (iv) be an enterprise authorized to do business in this state;
   (v) be subject to a physical site inspection to verify  the  fifty-one
 percent ownership requirement;
   (vi)  be  owned  by  an  individual  or  individuals, whose ownership,
 control and operation are relied upon for certification, with a personal
 net worth that does not exceed [three]  FIFTEEN  million  [five  hundred
 thousand]  dollars AND SUCH OTHER AMOUNT AS THE DIRECTOR SHALL SET FORTH
 IN REGULATIONS, as adjusted annually  for  inflation  according  to  the
 consumer price index; and
   (vii)  be  an enterprise that is a small business pursuant to subdivi-
 sion twenty of section three hundred ten of this article.
   (b) The director shall work with all municipal corporations that  have
 a  municipal  minority  and  women-owned  business enterprise program to
 develop standards to accept state certification to  meet  the  municipal
 corporation  minority  and women-owned business enterprise certification
 standards.
   (c) The director shall establish a procedure enabling the division  to
 accept  federal  certification verification for minority and women-owned
 business enterprise applicants, provided  said  standards  comport  with
 those  required  by the state minority and women-owned business program,
 in lieu of requiring the applicant to complete the  state  certification
 process.  The  director  shall  promulgate  rules and regulations to set
 forth criteria for the acceptance of federal certification.
   2-b. The director shall establish a procedure  enabling  an  applicant
 who was a military service member to prove his or her race or ethnicity,
 date  of  birth, place of birth and verification of address for purposes
 of certification of the applicant's business as a  minority-owned  busi-
 ness  by  submission  of  the DD Form 214 issued to the applicant by the
 United States department of defense upon  such  applicant's  retirement,
 separation,  or  discharge  from  active duty in the armed forces of the
 United States, provided the DD Form 214 contains  such  information,  in
 lieu  of  requiring  the applicant to otherwise prove his or her race or
 ethnicity. The director shall promulgate rules and  regulations  to  set
 forth criteria for the acceptance of the DD Form 214 by the office.
   2-C.   (A) EACH BUSINESS APPLYING FOR MINORITY OR WOMEN-OWNED BUSINESS
 ENTERPRISE CERTIFICATION PURSUANT TO THIS SECTION MUST AGREE  TO  ALLOW:
 (I)  THE DEPARTMENT OF TAXATION AND FINANCE TO SHARE ITS TAX INFORMATION

 S. 6575                            13
 
 WITH THE DIVISION; AND (II) THE DEPARTMENT OF LABOR TO SHARE ITS TAX AND
 EMPLOYER INFORMATION WITH THE DIVISION.
   (B) SUCH INFORMATION PROVIDED PURSUANT TO PARAGRAPH (A) OF THIS SUBDI-
 VISION SHALL BE KEPT CONFIDENTIAL BY THE DIVISION AS SUCH INFORMATION IS
 KEPT  BY  THE  DEPARTMENT  OF  TAXATION AND FINANCE OR THE DEPARTMENT OF
 LABOR AND USE OF SUCH INFORMATION SHALL BE LIMITED TO THE  CERTIFICATION
 APPLICATION PROCESS, OR OTHER USES APPROVED OR CONSENTED TO BY THE BUSI-
 NESS ENTERPRISE OR APPLICANT.
   3.  Following  application for certification pursuant to this section,
 the director shall provide the applicant  with  written  notice  of  the
 status of the application, including notice of any outstanding deficien-
 cies, within [thirty] TWENTY-ONE days. Within [sixty] FORTY-FIVE days of
 submission  of a final completed application, the director shall provide
 the applicant with written notice  of  a  determination  by  the  office
 approving  or denying such certification and, in the event of a denial a
 statement setting forth the reasons for such  denial.  Upon  a  determi-
 nation  denying  or  revoking certification, the business enterprise for
 which certification has been so denied or revoked  shall,  upon  written
 request  made within thirty days from receipt of notice of such determi-
 nation, be entitled to a hearing before an independent  hearing  officer
 designated for such purpose by the director. In the event that a request
 for  a  hearing is not made within such thirty day period, such determi-
 nation shall be deemed to be final.   The  independent  hearing  officer
 shall conduct a hearing and upon the conclusion of such hearing, issue a
 written recommendation to the director to affirm, reverse or modify such
 determination  of  the  director.  Such  written recommendation shall be
 issued to the parties.  The director, within thirty days, by order, must
 accept, reject or modify such recommendation of the hearing officer  and
 set  forth  in  writing the reasons therefor. The director shall serve a
 copy of such order and reasons therefor upon the business enterprise  by
 personal  service  or  by  certified  mail return receipt requested. The
 order of the director shall be subject to  review  pursuant  to  article
 seventy-eight of the civil practice law and rules.
   4.  The  director  may,  after performing an availability analysis and
 upon a finding that industry-specific factors coupled with personal  net
 worth  or  small  business eligibility requirements pursuant to subdivi-
 sions nineteen and twenty of section three hundred ten of this  article,
 respectively,  have led to the significant exclusion of businesses owned
 by minority group members or women in that industry,  grant  provisional
 MWBE  certification  status to applicants from that designated industry,
 provided, however, that all other eligibility requirements  pursuant  to
 subdivision  seven or fifteen of section three hundred ten of this arti-
 cle, as applicable, are satisfied. Any industry-based determination made
 under this section by the director shall be made widely available to the
 public and posted on the division's website.
   5. With the exception of provisional MWBE certification,  as  provided
 for  in  subdivision  twenty-three  of section three hundred ten of this
 article, all MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE certifications
 shall be valid for a period of [three] FIVE years.
   § 7. Section 315 of the executive law, as added by chapter 261 of  the
 laws  of  1988, subdivision 3 as amended and subdivisions 4, 5, 6, and 7
 as added by chapter 175 of the laws of  2010,  is  amended  to  read  as
 follows:
   § 315. Responsibilities  of  contracting agencies. 1. Each contracting
 agency shall be responsible for monitoring  state  contracts  under  its
 jurisdiction, and recommending matters to the office respecting non-com-

 S. 6575                            14

 pliance  with the provisions of this article so that the office may take
 such action as is appropriate to [insure]  ENSURE  compliance  with  the
 provisions  of  this  article, the rules and regulations of the director
 issued  hereunder  and  the  contractual provisions required pursuant to
 this article. All contracting agencies shall comply with the  rules  and
 regulations  of the office and are directed to cooperate with the office
 and to furnish to the office such information and assistance as  may  be
 required in the performance of its functions under this article.
   2.  Each  contracting  agency  shall  provide to prospective bidders a
 current copy of the directory of certified businesses, and a copy of the
 regulations required pursuant to sections three hundred twelve and three
 hundred thirteen of this article at  the  time  bids  or  proposals  are
 solicited.
   2-A.  TO  THE  EXTENT  PRACTICABLE, UPON COMPLETION OF THE RESTRICTIVE
 PERIOD OF A  PROCUREMENT,  EACH  CONTRACTING  AGENCY  WHEN  NOTIFYING  A
 CONTRACTOR  OF  A  WINNING  BID  AWARD SHALL ALSO NOTIFY ANY MINORITY OR
 WOMEN-OWNED BUSINESS ENTERPRISE IDENTIFIED IN THE CONTRACTOR'S SUBMITTED
 UTILIZATION PLAN OF SUCH CONTRACTOR'S RECEIPT OF THE WINNING BID AWARD.
   3. Each contracting agency shall report to the director  with  respect
 to activities undertaken to promote employment of minority group members
 and women and promote and increase participation by certified businesses
 with  respect to state contracts and subcontracts. Such reports shall be
 submitted [periodically, but  not  less  frequently  than  annually,  as
 required by the director,] NO LATER THAN MAY FIFTEENTH OF EVERY YEAR and
 shall  include  such  information  as  is  necessary for the director to
 determine whether the contracting  agency  and  ANY  contractor  TO  THE
 CONTRACTING  AGENCY  have  complied  with  the purposes of this article,
 including, without limitation, a summary of all waivers of the  require-
 ments of subdivisions six and seven of section three hundred thirteen of
 this article allowed by the contracting agency during the period covered
 by  the  report,  including  a  description  of  the basis of the waiver
 request and the rationale for granting any such waiver AND ANY INSTANCES
 IN WHICH THE CONTRACT AGENCY HAS DEEMED A CONTRACTOR TO HAVE COMMITTED A
 VIOLATION PURSUANT TO SECTION THREE HUNDRED SIXTEEN OF THIS ARTICLE  AND
 SUCH  OTHER INFORMATION AS THE DIRECTOR SHALL REQUIRE. Each agency shall
 also include in such annual report whether or not it has  been  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.
   4.    The  division of minority and women's business development shall
 issue an annual report which: (a) summarizes  the  report  submitted  by
 each  contracting  agency pursuant to subdivision three of this section;
 (b) contains such comparative or other information as the director deems
 appropriate, including but not  limited  to  goals  compared  to  actual
 participation  of minority and women-owned business enterprises in state
 contracting AND A LISTING OF ANNUAL PARTICIPATION RATES FOR EACH AGENCY,
 THE TOTAL NUMBER OF CERTIFIED MINORITY AND  WOMEN-OWNED  BUSINESSES  FOR
 THAT REPORTING YEAR, AND THE TOTAL DOLLAR VALUE OF STATE EXPENDITURES ON
 CERTIFIED  MINORITY  AND WOMEN-OWNED BUSINESS CONTRACTS AND SUBCONTRACTS
 FOR THAT REPORTING YEAR, to evaluate the effectiveness of the activities
 undertaken by each such contracting agency to promote increased  partic-
 ipation  by certified minority or women-owned businesses with respect to
 state contracts and subcontracts; (c) contains a summary of all  waivers
 of  the  requirements  of  subdivisions  six  and seven of section three
 hundred thirteen of this article  allowed  by  each  contracting  agency
 during  the period covered by the report, including a description of the
 basis of the waiver request and the contracting agency's  rationale  for

 S. 6575                            15
 
 granting any such waiver; (d) describes any efforts to create a database
 or other information storage and retrieval system containing information
 relevant  to  contracting  with minority and women-owned business enter-
 prises;  and  (e)  contains  a  summary  of  (i)  all  determinations of
 violations of this article by a contractor or a contracting agency  made
 during the period covered by the annual report pursuant to section three
 hundred  sixteen-a  of this article and (ii) the penalties or sanctions,
 if any, assessed in connection with such determinations and the  ration-
 ale  for  such penalties or sanctions. Copies of the annual report shall
 be provided to the commissioner,  the  governor,  the  comptroller,  the
 temporary  president  of  the  senate,  the speaker of the assembly, the
 minority leader of the senate, the minority leader of the  assembly  and
 shall  also  be  made  widely  available  to the public via, among other
 things, publication on a website maintained by the division of  minority
 and women's business development.
   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:  (A)  its annual goals for contracts with minority-
 owned and women-owned business enterprises; (B)  the  number  of  actual
 contracts issued to minority-owned and women-owned business enterprises;
 [and]  (C)  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]; (D) whether or not it has been 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;  (E)  WHICH  EXPENDITURES  ARE
 EXEMPT  FROM  PARTICIPATION  GOALS AND THE RATIONALE FOR SUCH EXEMPTION;
 AND (F) EVERY FOUR YEARS, BEGINNING SEPTEMBER  FIFTEENTH,  TWO  THOUSAND
 TWENTY,  EACH  AGENCY  SHALL INCLUDE IN SUCH ANNUAL REPORT ITS FOUR-YEAR
 GROWTH PLAN PURSUANT TO SECTION THREE HUNDRED ELEVEN OF THIS ARTICLE.
   6.   Each contracting agency that substantially  fails  to  [meet  the
 goals  supported  by  the  disparity study,] MAKE A GOOD FAITH EFFORT as
 defined by regulation of the director, TO ACHIEVE THE  MAXIMUM  FEASIBLE
 PARTICIPATION  OF  MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN SUCH
 AGENCY'S CONTRACTING shall be required to submit to the director a reme-
 dial action plan to remedy such failure.
   7. If it is determined by the director that any agency has  failed  to
 act  in  good  faith  to implement the remedial action plan, pursuant to
 subdivision six of this section within  one  year,  the  director  shall
 provide written notice of such a finding, which shall be publicly avail-
 able, and direct implementation of remedial actions to:
   (a) assure that sufficient and effective solicitation efforts to women
 and minority-owned business enterprises are being made by said agency;
   (b)  divide  contract  requirements,  when economically feasible, into
 quantities that will expand the participation  of  women  and  minority-
 owned business enterprises;
   (c) eliminate extended experience or capitalization requirements, when
 programmatically  and  economically  feasible,  that will expand partic-
 ipation by women and minority-owned business enterprises;
   (d) identify specific proposed contracts as particularly attractive or
 appropriate for  participation  by  women  and  minority-owned  business
 enterprises  with such identification to result from and be coupled with
 the efforts of paragraphs (a), (b), and (c) of this subdivision; and

 S. 6575                            16

   (e) upon a finding by the director that an agency has failed  to  take
 affirmative measures to implement the remedial plan and to follow any of
 the  remedial  actions  set forth by the director, and in the absence of
 any objective progress towards the agency's goals, require some  or  all
 of  the  agency's procurement, for a specified period of time, be placed
 under the direction and control of another agency or agencies.
   § 8. Section 316-a of the executive law, as added by  chapter  175  of
 the laws of 2010, is amended to read as follows:
   §  316-a.  Prohibitions  in  contracts;  violations. Every contracting
 agency shall include  a  provision  in  its  state  contracts  expressly
 providing  that  any contractor who willfully and intentionally fails to
 comply with the minority and women-owned participation  requirements  of
 this  article as set forth in such state contract shall be liable to the
 contracting agency for liquidated or other appropriate damages and shall
 provide for other appropriate remedies on  account  of  such  breach.  A
 contracting  agency  that  elects  to  proceed  against a contractor for
 breach of contract as provided in this section shall be  precluded  from
 seeking  enforcement  pursuant  to section three hundred sixteen of this
 article; provided however, that the contracting agency shall  include  a
 summary  of  all enforcement actions undertaken pursuant to this section
 in its annual report submitted pursuant to subdivision three of  section
 three hundred fifteen of this article.
   §  8-a.  Subdivision  1  of  section  143 of the state finance law, as
 amended by chapter 43 of the  laws  of  1969,  is  amended  to  read  as
 follows:
   1.  Notwithstanding  any  inconsistent  provision  of  any  general or
 special law, the board, division, department, bureau, agency, officer or
 commission of the state charged with the duty  of  preparing  plans  and
 specifications  for  and  awarding  or  entering  into contracts for the
 performance of public work [shall] MAY require the payment  of  a  fixed
 sum  of  money, not exceeding one hundred dollars, for each copy of such
 plans and specifications, by persons or  corporations  desiring  a  copy
 thereof.  Any  person  or  corporation desiring a copy of such plans and
 specifications and making the deposit required by this section shall  be
 furnished  with one copy of the plans and specifications.  NOTWITHSTAND-
 ING THE FOREGOING, WHERE PAYMENT IS REQUIRED IT  SHALL  BE  WAIVED  UPON
 REQUEST  BY  MINORITY-  AND  WOMEN-OWNED  BUSINESS ENTERPRISES CERTIFIED
 PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR  BY  SERVICE-DISA-
 BLED  VETERAN-OWNED  BUSINESS  ENTERPRISES CERTIFIED PURSUANT TO ARTICLE
 SEVENTEEN-B OF THE EXECUTIVE LAW. SUCH PAYMENT MAY ALSO BE  WAIVED  WHEN
 SUCH  PLANS AND SPECIFICATIONS ARE MADE AVAILABLE AND OBTAINED ELECTRON-
 ICALLY OR IN ANY NON-PAPER FORM FROM THE  BOARD,  DIVISION,  DEPARTMENT,
 BUREAU, AGENCY, OFFICER OR COMMISSION OF THE STATE.
   § 9. Subdivision 6 of section 163 of the state finance law, as amended
 by chapter 569 of the laws of 2015, is amended and a new subdivision 6-d
 is added to read as follows:
   6. Discretionary buying thresholds. Pursuant to guidelines established
 by the state procurement council: the commissioner may purchase services
 and  commodities in an amount not exceeding eighty-five thousand dollars
 without a  formal  competitive  process;  state  agencies  may  purchase
 services  and  commodities  in  an  amount  not exceeding fifty thousand
 dollars without a formal competitive process;  and  state  agencies  may
 purchase  commodities  or services from small business concerns or those
 certified pursuant to articles fifteen-A and seventeen-B of  the  execu-
 tive  law,  or commodities or technology that are recycled or remanufac-
 tured[, or commodities that are food, including milk and milk  products,

 S. 6575                            17

 grown, produced or harvested in New York state] in an amount not exceed-
 ing  [two]  FIVE  hundred  thousand dollars WITHOUT A FORMAL COMPETITIVE
 PROCESS AND FOR COMMODITIES THAT  ARE  FOOD,  INCLUDING  MILK  AND  MILK
 PRODUCTS,  GROWN,  PRODUCED  OR HARVESTED IN NEW YORK STATE IN AN AMOUNT
 NOT TO EXCEED TWO HUNDRED THOUSAND DOLLARS, without a formal competitive
 process.
   6-D. PURSUANT TO THE AUTHORITY PROVIDED IN  SUBDIVISION  SIX  OF  THIS
 SECTION,  STATE AGENCIES SHALL REPORT ANNUALLY ON A FISCAL YEAR BASIS BY
 JULY FIRST OF THE ENSUING YEAR TO THE DIRECTOR OF THE DIVISION OF MINOR-
 ITY AND WOMEN-OWNED BUSINESS DEVELOPMENT  THE  TOTAL  NUMBER  AND  TOTAL
 VALUE  OF  CONTRACTS AWARDED TO BUSINESSES CERTIFIED PURSUANT TO ARTICLE
 FIFTEEN-A OF THE EXECUTIVE LAW, AND WITH RESPECT TO CONTRACTS AWARDED TO
 BUSINESSES CERTIFIED PURSUANT TO ARTICLE SEVENTEEN-B  OF  THE  EXECUTIVE
 LAW  SUCH INFORMATION SHALL BE REPORTED TO THE DIVISION OF SERVICE-DISA-
 BLED VETERAN-OWNED BUSINESS ENTERPRISES FOR INCLUSION IN  THEIR  RESPEC-
 TIVE ANNUAL REPORTS.
   § 10. Subparagraph (i) of paragraph (b) of subdivision 3 and paragraph
 (a)  of  subdivision  8  of  section 2879 of the public authorities law,
 subparagraph (i) of paragraph (b) of subdivision 3 as amended by chapter
 174 of the laws of 2010 and paragraph (a) of subdivision 8 as amended by
 chapter 844 of the laws of 1992, are amended to read as follows:
   (i) for the selection of such contractors on a competitive basis,  and
 provisions  relating  to  the circumstances under which the board may by
 resolution  waive  competition,  including,  notwithstanding  any  other
 provision  of  law  requiring  competition,  the  purchase  of  goods or
 services from small business concerns [or] those certified  as  minority
 or  women-owned  business  enterprises,  or goods or technology that are
 recycled or remanufactured, in  an  amount  not  to  exceed  [two]  FIVE
 hundred thousand dollars without a formal competitive process;
   (a)  Each  corporation shall annually submit its report on procurement
 contracts to the division of  the  budget  and  copies  thereof  to  the
 department of audit and control, the department of economic development,
 the  senate finance committee and the assembly ways and means committee.
 SUCH REPORT SHALL INCLUDE THE TOTAL NUMBER AND  TOTAL  DOLLAR  VALUE  OF
 CONTRACTS  AWARDED TO CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER-
 PRISES PURSUANT TO SUBPARAGRAPH (I)  OF  PARAGRAPH  (B)  OF  SUBDIVISION
 THREE OF THIS SECTION.
   §  11.  Paragraph  (a)  of subdivision 3 of section 139-j of the state
 finance law is amended by adding two new subparagraphs 10 and 11 to read
 as follows:
   (10) COMPLAINTS BY MINORITY-OWNED BUSINESS ENTERPRISES OR  WOMEN-OWNED
 BUSINESS  ENTERPRISES, CERTIFIED AS SUCH BY THE DIVISION OF MINORITY AND
 WOMEN'S BUSINESS DEVELOPMENT, TO THE MINORITY AND  WOMEN-OWNED  BUSINESS
 ENTERPRISE  STATEWIDE  ADVOCATE  CONCERNING  THE  PROCURING GOVERNMENTAL
 ENTITY'S FAILURE TO  COMPLY  WITH  THE  REQUIREMENTS  OF  SECTION  THREE
 HUNDRED FIFTEEN OF THE EXECUTIVE LAW;
   (11)  COMMUNICATIONS  BETWEEN  THE  MINORITY  AND WOMEN-OWNED BUSINESS
 ENTERPRISE STATEWIDE ADVOCATE AND THE PROCURING GOVERNMENTAL  ENTITY  IN
 FURTHERANCE OF AN INVESTIGATION OF THE MINORITY AND WOMEN-OWNED BUSINESS
 ENTERPRISE STATEWIDE ADVOCATE PURSUANT TO SECTION THREE HUNDRED TWELVE-A
 OF THE EXECUTIVE LAW.
   §  12.  Subdivision  6  of  section  8 of the public buildings law, as
 amended by chapter 840 of the laws  of  1980,  is  amended  to  read  as
 follows:
   6.  All  contracts  for amounts in excess of five thousand dollars for
 the work of construction, reconstruction, alteration, repair or improve-

 S. 6575                            18
 
 ment of any state building, whether constructed  or  to  be  constructed
 must  be  offered  for  public  bidding and may be awarded to the lowest
 responsible and reliable bidder, as will best promote the public  inter-
 est,  by  the  said  department or other agency with the approval of the
 comptroller for the whole or any part of the work to be performed,  and,
 in the discretion of the said department or other agency, such contracts
 may be sublet; provided, however, that no such contract shall be awarded
 to  a  bidder  other  than  the  lowest responsible and reliable bidder,
 EXCEPT FOR CERTAIN CONTRACTS AWARDED TO MINORITY OR WOMEN-OWNED BUSINESS
 ENTERPRISES AS PROVIDED HEREIN, without  the  written  approval  of  the
 comptroller.  When a proposal consists of unit prices of items specified
 to be performed, EXCEPT FOR CERTAIN CONTRACTS  AWARDED  TO  MINORITY  OR
 WOMEN-OWNED  BUSINESS  ENTERPRISES  AS  PROVIDED  HEREIN, the lowest bid
 shall be deemed to be that which specifically states  the  lowest  gross
 sum for which the entire work will be performed, including all the items
 specified in the proposal thereof. The lowest bid shall be determined by
 the  commissioner  of general services on the basis of the gross sum for
 which the entire work will be performed, arrived at by a correct  compu-
 tation  of  all the items specified in the proposal therefor at the unit
 prices contained in the bid.  PROVIDED, HOWEVER, THAT WHERE A  RESPONSI-
 BLE  AND  RELIABLE  BIDDER CERTIFIED AS A MINORITY-OWNED BUSINESS ENTER-
 PRISE OR WOMEN-OWNED BUSINESS ENTERPRISE PURSUANT TO  ARTICLE  FIFTEEN-A
 OF  THE EXECUTIVE LAW SUBMITS A BID OF ONE MILLION FOUR HUNDRED THOUSAND
 DOLLARS OR LESS, AS ADJUSTED ANNUALLY FOR  INFLATION  BEGINNING  JANUARY
 FIRST, TWO THOUSAND TWENTY, THE BID OF THE MINORITY OR WOMEN-OWNED BUSI-
 NESS ENTERPRISE SHALL BE DEEMED THE LOWEST BID UNLESS IT EXCEEDS THE BID
 OF THE LOWEST BIDDER BY MORE THAN TEN PERCENT.
   § 13. The opening paragraph of subdivision (h) of section 121 of chap-
 ter  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:
   § 14. The executive law is amended by adding a new article 28 to  read
 as follows:
                                ARTICLE 28
                        WORKFORCE DIVERSITY PROGRAM
 SECTION 821. DEFINITIONS.
         822. WORKFORCE PARTICIPATION GOALS.
         823. REPORTING.
         824. ENFORCEMENT.
         825. POWERS AND RESPONSIBILITIES OF THE DIVISION.
         826. SEVERABILITY.
   § 821. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
 HAVE THE FOLLOWING MEANINGS:
   1.  "CONTRACTOR"  SHALL  MEAN  AN  INDIVIDUAL,  A BUSINESS ENTERPRISE,
 INCLUDING A SOLE PROPRIETORSHIP, A PARTNERSHIP, A  CORPORATION,  A  NOT-
 FOR-PROFIT  CORPORATION,  OR  ANY  OTHER PARTY TO A STATE CONTRACT, OR A
 BIDDER IN CONJUNCTION WITH THE AWARD OF A STATE CONTRACT OR  A  PROPOSED
 PARTY TO A STATE CONTRACT.
   2. "DEPARTMENT" SHALL MEAN THE DEPARTMENT OF LABOR.
   3.  "DIRECTOR" SHALL MEAN THE DIRECTOR OF THE DIVISION OF MINORITY AND
 WOMEN'S BUSINESS DEVELOPMENT.

 S. 6575                            19
 
   4. "DISPARITY STUDY" SHALL MEAN THE MOST RECENT STUDY  OF  DISPARITIES
 BETWEEN  THE  UTILIZATION  OF  MINORITY  GROUP  MEMBERS AND WOMEN IN THE
 PERFORMANCE OF STATE CONTRACTS AND THE AVAILABILITY  OF  MINORITY  GROUP
 MEMBERS AND WOMEN TO PERFORM SUCH WORK BY THE DIRECTOR PURSUANT TO ARTI-
 CLE FIFTEEN-A OF THIS CHAPTER.
   5.  "DIVISION"  SHALL  MEAN  THE  DEPARTMENT OF ECONOMIC DEVELOPMENT'S
 DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOPMENT.
   6. "MINORITY GROUP MEMBER" SHALL  MEAN  A  UNITED  STATES  CITIZEN  OR
 PERMANENT RESIDENT ALIEN WHO IS AND CAN DEMONSTRATE MEMBERSHIP IN ONE OF
 THE FOLLOWING GROUPS:
   (A)  BLACK  PERSONS  HAVING ORIGINS IN ANY OF THE BLACK AFRICAN RACIAL
 GROUPS;
   (B) HISPANIC/LATINO  PERSONS  OF  MEXICAN,  PUERTO  RICAN,  DOMINICAN,
 CUBAN,  CENTRAL  OR  SOUTH AMERICAN OF EITHER INDIAN OR HISPANIC ORIGIN,
 REGARDLESS OF RACE;
   (C) NATIVE AMERICAN OR ALASKAN NATIVE PERSONS HAVING ORIGINS IN ANY OF
 THE ORIGINAL PEOPLES OF NORTH AMERICA;
   (D) ASIAN AND PACIFIC ISLANDER PERSONS HAVING ORIGINS IN  ANY  OF  THE
 FAR  EAST  COUNTRIES,  SOUTH  EAST  ASIA, THE INDIAN SUBCONTINENT OR THE
 PACIFIC ISLANDS.
   7. "STATE AGENCY" SHALL MEAN (A)(I) ANY STATE DEPARTMENT, OR (II)  ANY
 DIVISION,  BOARD, COMMISSION OR BUREAU OF ANY STATE DEPARTMENT, OR (III)
 THE STATE UNIVERSITY OF NEW YORK AND THE CITY UNIVERSITY  OF  NEW  YORK,
 INCLUDING  ALL THEIR CONSTITUENT UNITS EXCEPT COMMUNITY COLLEGES AND THE
 INDEPENDENT INSTITUTIONS OPERATING STATUTORY  OR  CONTRACT  COLLEGES  ON
 BEHALF  OF  THE  STATE, OR (IV) A BOARD, A MAJORITY OF WHOSE MEMBERS ARE
 APPOINTED BY THE GOVERNOR OR WHO SERVE BY VIRTUE OF BEING STATE OFFICERS
 OR EMPLOYEES AS DEFINED IN SUBPARAGRAPH (I), (II) OR (III) OF  PARAGRAPH
 (I)  OF  SUBDIVISION ONE OF SECTION SEVENTY-THREE OF THE PUBLIC OFFICERS
 LAW.
   (B) A "STATE AUTHORITY," AS DEFINED IN SUBDIVISION ONE OF SECTION  TWO
 OF THE PUBLIC AUTHORITIES LAW, AND THE FOLLOWING:
 ALBANY COUNTY AIRPORT AUTHORITY;
 ALBANY PORT DISTRICT COMMISSION;
 ALFRED, ALMOND, HORNELLSVILLE SEWER AUTHORITY;
 BATTERY PARK CITY AUTHORITY;
 CAYUGA COUNTY WATER AND SEWER AUTHORITY;
 (NELSON A. ROCKEFELLER) EMPIRE STATE PLAZA PERFORMING ARTS CENTER
 CORPORATION;
 INDUSTRIAL EXHIBIT AUTHORITY;
 LIVINGSTON COUNTY WATER AND SEWER AUTHORITY;
 LONG ISLAND POWER AUTHORITY;
 LONG ISLAND RAIL ROAD;
 LONG ISLAND MARKET AUTHORITY;
 MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY;
 METRO-NORTH COMMUTER RAILROAD;
 METROPOLITAN SUBURBAN BUS AUTHORITY;
 METROPOLITAN TRANSPORTATION AUTHORITY;
 NATURAL HERITAGE TRUST;
 NEW YORK CITY TRANSIT AUTHORITY;
 NEW YORK CONVENTION CENTER OPERATING CORPORATION;
 NEW YORK STATE BRIDGE AUTHORITY;
 NEW YORK STATE OLYMPIC REGIONAL DEVELOPMENT AUTHORITY;
 NEW YORK STATE THRUWAY AUTHORITY;
 NIAGARA FALLS PUBLIC WATER AUTHORITY;
 NIAGARA FALLS WATER BOARD;

 S. 6575                            20
 
 PORT OF OSWEGO AUTHORITY;
 POWER AUTHORITY OF THE STATE OF NEW YORK;
 ROOSEVELT ISLAND OPERATING CORPORATION;
 SCHENECTADY METROPLEX DEVELOPMENT AUTHORITY;
 STATE INSURANCE FUND;
 STATEN ISLAND RAPID TRANSIT OPERATING AUTHORITY;
 STATE UNIVERSITY CONSTRUCTION FUND;
 SYRACUSE REGIONAL AIRPORT AUTHORITY;
 TRIBOROUGH BRIDGE AND TUNNEL AUTHORITY;
 UPPER MOHAWK VALLEY REGIONAL WATER BOARD;
 UPPER MOHAWK VALLEY REGIONAL WATER FINANCE AUTHORITY;
 UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY;
 URBAN DEVELOPMENT CORPORATION AND ITS SUBSIDIARY CORPORATIONS.
   (C)  THE  FOLLOWING ONLY TO THE EXTENT OF STATE CONTRACTS ENTERED INTO
 FOR ITS OWN ACCOUNT OR FOR THE BENEFIT OF A STATE AGENCY AS  DEFINED  IN
 PARAGRAPH (A) OR (B) OF THIS SUBDIVISION:
 DORMITORY AUTHORITY OF THE STATE OF NEW YORK;
 FACILITIES DEVELOPMENT CORPORATION;
 NEW YORK STATE ENERGY RESEARCH AND DEVELOPMENT AUTHORITY;
 NEW YORK STATE SCIENCE AND TECHNOLOGY FOUNDATION.
   8.  "STATE  CONTRACT" SHALL MEAN: (A) A WRITTEN AGREEMENT IN EXCESS OF
 ONE HUNDRED THOUSAND DOLLARS WHEREBY A  STATE  AGENCY  IS  COMMITTED  TO
 EXPEND  OR  DOES EXPEND FUNDS FOR THE ACQUISITION, CONSTRUCTION, DEMOLI-
 TION, REPLACEMENT, MAJOR REPAIR  OR  RENOVATION  OF  REAL  PROPERTY  AND
 IMPROVEMENTS  THEREON;  AND  (B)  A  WRITTEN  AGREEMENT IN EXCESS OF ONE
 HUNDRED THOUSAND DOLLARS WHEREBY THE OWNER OF A STATE  ASSISTED  HOUSING
 PROJECT IS COMMITTED TO EXPEND OR DOES EXPEND FUNDS FOR THE ACQUISITION,
 CONSTRUCTION,  DEMOLITION,  REPLACEMENT,  MAJOR  REPAIR OR RENOVATION OF
 REAL PROPERTY AND IMPROVEMENTS THEREON FOR SUCH PROJECT.
   9. "SUBCONTRACTOR" SHALL MEAN ANY INDIVIDUAL  OR  BUSINESS  ENTERPRISE
 THAT PROVIDES GOODS OR SERVICES TO ANY INDIVIDUAL OR BUSINESS FOR USE IN
 THE  PERFORMANCE  OF  A  STATE  CONTRACT,  WHETHER  OR NOT SUCH GOODS OR
 SERVICES ARE PROVIDED TO A PARTY TO A STATE CONTRACT.
   § 822. WORKFORCE PARTICIPATION GOALS.  1. THE DIRECTOR,  IN  CONSULTA-
 TION  WITH  THE  DEPARTMENT,  SHALL  DEVELOP  ASPIRATIONAL GOALS FOR THE
 UTILIZATION OF MINORITY GROUP MEMBERS AND  WOMEN  IN  EACH  CONSTRUCTION
 TRADE, PROFESSION, AND OCCUPATION.
   (A)  ASPIRATIONAL  GOALS FOR THE UTILIZATION OF MINORITY GROUP MEMBERS
 AND WOMEN MUST SET FORTH THE EXPECTED PARTICIPATION  OF  MINORITY  GROUP
 MEMBERS AND WOMEN IN EACH CONSTRUCTION TRADE, PROFESSION, AND OCCUPATION
 AND  SHALL BE EXPRESSED AS A PERCENTAGE OF THE TOTAL HOURS OF WORK TO BE
 PERFORMED BY EACH TRADE, PROFESSION, AND OCCUPATION BASED ON THE  AVAIL-
 ABILITY  OF  MINORITY  GROUP  MEMBERS AND WOMEN WITHIN EACH CONSTRUCTION
 TRADE, PROFESSION, AND OCCUPATION.
   (I) THE ASPIRATIONAL GOALS SHALL SET FORTH SEPARATE LEVELS OF EXPECTED
 PARTICIPATION BY MEN AND WOMEN FOR EACH MINORITY GROUP, AND  FOR  CAUCA-
 SIAN WOMEN, IN EACH CONSTRUCTION TRADE, PROFESSION, AND OCCUPATION.
   (II)  THE  DIRECTOR  MAY ESTABLISH ASPIRATIONAL GOALS FOR THE EXPECTED
 PARTICIPATION OF MINORITY GROUP MEMBERS  AND  WOMEN  FOR  MUNICIPALITIES
 WHERE THE DIRECTOR DEEMS FEASIBLE AND APPROPRIATE.
   (III)  THE  DIRECTOR  SHALL,  IN  ESTABLISHING THE ASPIRATIONAL GOALS,
 CONSIDER THE FINDINGS OF THE MOST RECENT DISPARITY STUDY AND  ANY  RELE-
 VANT DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU.
   (B)  THE  DIRECTOR  SHALL  UPDATE THE ASPIRATIONAL GOALS ON A PERIODIC
 BASIS, NO LESS THAN BIANNUALLY.

 S. 6575                            21
 
   2. STATE AGENCIES SHALL, FOR EACH INVITATION  FOR  BIDS,  REQUEST  FOR
 PROPOSALS,  OR  OTHER  SOLICITATION  THAT  WILL RESULT IN THE AWARD OF A
 STATE CONTRACT, SET FORTH THE EXPECTED DEGREE OF WORKFORCE PARTICIPATION
 BY MINORITY GROUP MEMBERS AND WOMEN.
   (A)  EACH  WORKFORCE  PARTICIPATION GOAL ESTABLISHED BY A STATE AGENCY
 SHALL SET FORTH THE EXPECTED LEVEL OF PARTICIPATION  BY  MINORITY  GROUP
 MEMBERS  AND  WOMEN  IN  THE  PERFORMANCE OF EACH TRADE, PROFESSION, AND
 OCCUPATION REQUIRED IN THE PERFORMANCE OF THE CONTRACT.
   (B) GOALS FOR THE PARTICIPATION OF MINORITY GROUP  MEMBERS  AND  WOMEN
 SHALL  SET FORTH SEPARATE GOALS FOR EACH OF THE FOLLOWING GROUPS IN EACH
 CONSTRUCTION TRADE, PROFESSION, AND OCCUPATION:
   (I) BLACK MEN;
   (II) BLACK WOMEN;
   (III) HISPANIC MEN;
   (IV) HISPANIC WOMEN;
   (V) NATIVE AMERICAN MEN;
   (VI) NATIVE AMERICAN WOMEN;
   (VII) ASIAN MEN;
   (VIII) ASIAN WOMEN;
   (IX) CAUCASIAN WOMEN.
   (C) IN ESTABLISHING  WORKFORCE  PARTICIPATION  GOALS,  STATE  AGENCIES
 SHALL CONSIDER FACTORS INCLUDING, BUT NOT LIMITED TO:
   (I) THE FINDINGS OF THE MOST RECENT DISPARITY STUDY;
   (II)  ANY  RELEVANT DATA PUBLISHED BY THE UNITED STATES CENSUS BUREAU;
 AND
   (III) IF APPLICABLE, ANY ASPIRATIONAL GOAL ESTABLISHED  BY  THE  DIVI-
 SION.
   (D)  IN ANY CASE, WHERE A STATE AGENCY ESTABLISHES A WORKFORCE PARTIC-
 IPATION GOAL ON AN INVITATION FOR BIDS, REQUEST FOR PROPOSALS, OR  OTHER
 SOLICITATION  THAT  WILL  RESULT  IN  THE  AWARD OF A STATE CONTRACT FOR
 CONSTRUCTION THAT DEVIATES  FROM  THE  ASPIRATIONAL  GOAL  FOR  WORK  OR
 SERVICE  IN THE COUNTY OR MUNICIPALITY IN WHICH THE WORK OR SERVICE WILL
 BE PERFORMED, THE STATE AGENCY SHALL DOCUMENT NUMERICAL EVIDENCE  DEMON-
 STRATING  THAT  THE  APPLICATION  OF  THE ASPIRATIONAL GOAL WOULD NOT BE
 PRACTICAL, FEASIBLE, OR APPROPRIATE.
   3. EVERY CONTRACTOR RESPONDING TO AN INVITATION FOR BIDS, REQUEST  FOR
 PROPOSALS,  OR  OTHER  SOLICITATION  THAT  WILL RESULT IN THE AWARD OF A
 STATE CONTRACT SUBJECT TO WORKFORCE PARTICIPATION GOALS PURSUANT TO THIS
 SECTION SHALL AGREE TO MAKE A GOOD FAITH EFFORT TO  ACHIEVE  SUCH  WORK-
 FORCE PARTICIPATION GOAL OR REQUEST A WAIVER OF SUCH GOAL.
   (A)  A CONTRACTOR THAT CERTIFIES THAT IT WILL MAKE A GOOD FAITH EFFORT
 TO ACHIEVE  A  WORKFORCE  PARTICIPATION  GOAL  SHALL  PROVIDE  WITH  ITS
 RESPONSE  TO  THE APPLICABLE INVITATION FOR BIDS, REQUEST FOR PROPOSALS,
 OR OTHER SOLICITATION:
   (I) A CERTIFICATION STATING THAT THE CONTRACTOR WILL MAKE A GOOD FAITH
 EFFORT TO ACHIEVE THE APPLICABLE WORKFORCE PARTICIPATION GOAL  AND  WILL
 CONTRACTUALLY  REQUIRE  ANY  SUBCONTRACTORS  TO THE CONTRACTOR TO MAKE A
 GOOD FAITH EFFORT TO ACHIEVE THE APPLICABLE WORKFORCE PARTICIPATION GOAL
 IN ANY SUBCONTRACTED WORK;
   (II) THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY GROUP  MEMBERS
 AND  WOMEN  AS  EMPLOYEES TO THE CONTRACTOR, OR, IF THE STATE AGENCY HAS
 SPECIFICALLY INDICATED THAT SUCH DOCUMENTATION IS NOT REQUIRED  AS  PART
 OF  THE  RESPONSE  TO THE INVITATION FOR BIDS, REQUEST FOR PROPOSALS, OR
 OTHER SOLICITATION, A DATE CERTAIN FOR THE SUBMISSION OF SUCH DOCUMENTA-
 TION AFTER THE AWARD OF THE STATE CONTRACT;

 S. 6575                            22
 
   (III) A LIST OF ALL SUBCONTRACTORS ANTICIPATED TO PERFORM WORK ON  THE
 STATE  CONTRACT  AND  THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY
 GROUP MEMBERS AND WOMEN AS EMPLOYEES TO EACH SUBCONTRACTOR, OR,  IF  THE
 STATE  AGENCY  HAS SPECIFICALLY INDICATED THAT SUCH DOCUMENTATION IS NOT
 REQUIRED AS PART OF THE RESPONSE TO THE INVITATION FOR BIDS, REQUEST FOR
 PROPOSALS,  OR  OTHER SOLICITATION, A DATE CERTAIN FOR THE SUBMISSION OF
 SUCH DOCUMENTATION AFTER THE AWARD OF THE STATE CONTRACT; AND
   (IV) SUCH OTHER INFORMATION AS  THE  CONTRACTING  STATE  AGENCY  SHALL
 REQUIRE.
   (B)  A  CONTRACTOR THAT REQUESTS A WAIVER OF A WORKFORCE PARTICIPATION
 GOAL SHALL PROVIDE WITH ITS RESPONSE TO THE  APPLICABLE  INVITATION  FOR
 BIDS, REQUEST FOR PROPOSALS, OR OTHER SOLICITATION:
   (I)  NUMERICAL EVIDENCE SETTING FORTH WHY THE ACHIEVEMENT OF THE WORK-
 FORCE PARTICIPATION GOAL IS NOT PRACTICAL, FEASIBLE, OR  APPROPRIATE  IN
 LIGHT  OF THE CONSTRUCTION TRADES, PROFESSIONS, AND OCCUPATIONS REQUIRED
 TO PERFORM THE WORK OF THE STATE CONTRACT;
   (II) DOCUMENTATION OF THE CONTRACTOR'S EFFORTS,  AND  ANY  EFFORTS  BY
 SUBCONTRACTORS  TO  THE CONTRACTOR, TO PROMOTE THE INCLUSION OF MINORITY
 GROUP MEMBERS AND WOMEN IN CONSTRUCTION TRADES, PROFESSIONS, AND OCCUPA-
 TIONS REQUIRED IN THE PERFORMANCE OF THE STATE CONTRACT;
   (III) THE LEVEL OF ANTICIPATED PARTICIPATION BY MINORITY GROUP MEMBERS
 AND WOMEN IN EACH OF THE CONSTRUCTION TRADES, PROFESSIONS,  AND  OCCUPA-
 TIONS REQUIRED IN THE PERFORMANCE OF THE WORK OF THE STATE CONTRACT;
   (IV)  A  LIST OF ALL SUBCONTRACTORS ANTICIPATED TO PERFORM WORK ON THE
 STATE CONTRACT AND THE LEVEL OF ANTICIPATED  PARTICIPATION  BY  MINORITY
 GROUP MEMBERS AND WOMEN AS EMPLOYEES TO EACH SUBCONTRACTOR; AND
   (V)  ANY  OTHER  RELEVANT INFORMATION EVIDENCING THAT THE CONTRACTOR'S
 ACHIEVEMENT OF THE WORKFORCE PARTICIPATION GOAL WOULD NOT BE  PRACTICAL,
 FEASIBLE, OR APPROPRIATE.
   4.  A  STATE  AGENCY  MAY  NOT  AWARD A STATE CONTRACT TO A CONTRACTOR
 UNLESS THE CONTRACTOR HAS (I) CERTIFIED THAT IT WILL MAKE A  GOOD  FAITH
 EFFORT  TO  ACHIEVE  THE  APPLICABLE  WORKFORCE  PARTICIPATION  GOAL AND
 PROVIDED DOCUMENTATION OF THE WORKFORCE ANTICIPATED TO PERFORM THE  WORK
 OF THE STATE CONTRACT OR (II) SUBMITTED A WAIVER REQUEST WHICH THE STATE
 AGENCY  DEEMS  TO REFLECT THE MAXIMUM FEASIBLE PARTICIPATION OF MINORITY
 GROUP MEMBERS AND WOMEN IN EACH OF THE CONSTRUCTION TRADES, PROFESSIONS,
 AND OCCUPATIONS REQUIRED  IN  PERFORMANCE  OF  THE  WORK  OF  THE  STATE
 CONTRACT.
   (A)  IN  THE EVENT THAT A CONTRACTOR SUBMITS A CERTIFICATION OR WAIVER
 REQUEST THAT IS ACCEPTED BY THE STATE AGENCY,  THE  STATE  AGENCY  SHALL
 ESTABLISH  IN  THE STATE CONTRACT THE EXPECTED LEVEL OF PARTICIPATION BY
 MINORITY GROUP MEMBERS AND WOMEN IN EACH  OF  THE  CONSTRUCTION  TRADES,
 PROFESSIONS,  AND OCCUPATIONS REQUIRED IN PERFORMANCE OF THE WORK OF THE
 STATE CONTRACT, REQUIRE THAT THE CONTRACTOR MAKE GOOD FAITH  EFFORTS  TO
 ACHIEVE  SUCH WORKFORCE PARTICIPATION GOALS, REQUIRE THAT THE CONTRACTOR
 REQUIRE ANY SUBCONTRACTORS TO MAKE A GOOD FAITH EFFORT  TO  ACHIEVE  THE
 APPLICABLE WORKFORCE PARTICIPATION GOAL IN ANY SUBCONTRACTED WORK.
   (B)  IN  THE  EVENT THAT A CONTRACTOR FAILS TO SUBMIT A CERTIFICATION,
 WAIVER REQUEST, OR ANY OTHER INFORMATION REQUIRED BY THE  STATE  AGENCY,
 OR  THE  STATE AGENCY DETERMINES THAT A CONTRACTOR'S WAIVER REQUEST DOES
 NOT DEMONSTRATE THAT THE  APPLICABLE  WORKFORCE  PARTICIPATION  GOAL  IS
 IMPRACTICAL, UNFEASIBLE, OR INAPPROPRIATE, THE STATE AGENCY SHALL NOTIFY
 THE  CONTRACTOR  OF THE DEFICIENCY IN WRITING AND PROVIDE THE CONTRACTOR
 FIVE BUSINESS DAYS TO REMEDY THE NOTICED DEFICIENCY. A STATE AGENCY  MAY
 REJECT  ANY BID OR PROPOSAL OF A CONTRACTOR THAT FAILS TO TIMELY RESPOND

 S. 6575                            23
 
 TO A NOTICE OF DEFICIENCY OR  TO  PROVIDE  DOCUMENTATION  REMEDYING  THE
 DEFICIENCY TO THE SATISFACTION OF THE STATE AGENCY.
   (C)  WHERE  FAILURE TO REMEDY ANY NOTIFIED DEFICIENCY IN THE WORKFORCE
 UTILIZATION PLAN IS A GROUND FOR DISQUALIFICATION, THAT  ISSUE  AND  ALL
 OTHER  GROUNDS  FOR  DISQUALIFICATION  SHALL BE STATED IN WRITING BY THE
 CONTRACTING STATE AGENCY.  THE DIRECTOR SHALL ESTABLISH VIA  REGULATION,
 RULES FOR STATE CONTRACTING AGENCIES AIMED AT THE MEASUREMENT, REDUCTION
 AND  ELIMINATION  OF  ERRONEOUS  BUSINESS  DISQUALIFICATIONS INCLUDING A
 PROCESS AFFORDING A CONTRACTOR NOTICE AND AN  OPPORTUNITY  TO  BE  HEARD
 RELATED TO SUCH DISQUALIFICATIONS.
   §  823.  REPORTING.  1.  STATE  CONTRACTS SHALL REQUIRE CONTRACTORS TO
 SUBMIT, AND TO REQUIRE ANY SUBCONTRACTORS TO SUBMIT, TO THE  CONTRACTING
 STATE  AGENCY  REPORTS  DOCUMENTING THE HOURS WORKED BY EMPLOYEES OF THE
 CONTRACTOR AND ANY SUBCONTRACTORS IN THE PERFORMANCE OF THE WORK OF  THE
 STATE  CONTRACT. SUCH REPORTS SHALL BE SUBMITTED NO LESS FREQUENTLY THAN
 MONTHLY FOR STATE CONTRACTS FOR CONSTRUCTION.  SUCH REPORTS SHALL  IDEN-
 TIFY  IN  THE  AGGREGATE THE RACE, ETHNICITY, GENDER, AND TRADE, PROFES-
 SION, OR  OCCUPATION  OF  EACH  EMPLOYEE  PERFORMING  WORK  ON  A  STATE
 CONTRACT.
   2.  STATE  AGENCIES  SHALL SUBMIT PERIODIC REPORTS TO THE DIRECTOR, OR
 THE DESIGNEE OF THE DIRECTOR, CONCERNING THE PARTICIPATION  OF  MINORITY
 GROUP MEMBERS AND WOMEN IN STATE CONTRACTS LET BY SUCH AGENCIES AND SUCH
 STATE  AGENCIES'  COMPLIANCE  WITH  THIS  ARTICLE. SUCH REPORTS SHALL BE
 SUBMITTED AT SUCH TIME, AND INCLUDE SUCH INFORMATION,  AS  THE  DIRECTOR
 SHALL  REQUIRE IN REGULATIONS. STATE AGENCIES SHALL MAKE AVAILABLE THEIR
 FACILITIES, BOOKS, AND RECORDS FOR INSPECTION, UPON  REASONABLE  NOTICE,
 BY THE DIRECTOR OR THE DIRECTOR'S DESIGNEE.
   3.  THE DEPARTMENT SHALL PROVIDE SUCH ASSISTANCE AS THE DIRECTOR SHALL
 REQUIRE IN CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
   § 824. ENFORCEMENT.  1. WHERE IT APPEARS  THAT  A  CONTRACTOR  CANNOT,
 AFTER  A  GOOD  FAITH EFFORT, MEET THE WORKFORCE PARTICIPATION GOALS SET
 FORTH IN A PARTICULAR STATE CONTRACT, A CONTRACTOR MAY  FILE  A  WRITTEN
 APPLICATION  WITH  THE  CONTRACTING STATE AGENCY REQUESTING A PARTIAL OR
 TOTAL WAIVER OF SUCH REQUIREMENTS. SUCH  REQUEST  SHALL  SET  FORTH  THE
 REASONS  FOR  SUCH  CONTRACTOR'S INABILITY TO MEET THE WORKFORCE PARTIC-
 IPATION GOAL, SPECIFICALLY DESCRIBE THE REASONS FOR ANY DEVIATIONS  FROM
 THE  ANTICIPATED  WORKFORCE PARTICIPATION GOAL SET FORTH IN THE CONTRAC-
 TOR'S BID OR PROPOSAL LEADING TO THE AWARD OF THE  STATE  CONTRACT,  AND
 DESCRIBE THE EFFORTS BY THE CONTRACTOR AND ANY SUBCONTRACTORS TO ACHIEVE
 THE  MAXIMUM  FEASIBLE PARTICIPATION OF MINORITY GROUP MEMBERS AND WOMEN
 IN THE PERFORMANCE OF THE WORK OF THE STATE CONTRACT. WHERE THE CONTRAC-
 TOR'S INABILITY TO ACHIEVE THE WORKFORCE PARTICIPATION GOAL ON  A  STATE
 CONTRACT IS ATTRIBUTABLE TO THE FAILURE OF ONE OR MORE SUBCONTRACTORS TO
 MAKE GOOD FAITH EFFORTS TO ACHIEVE THE MAXIMUM FEASIBLE PARTICIPATION OF
 MINORITY  GROUP  MEMBERS AND WOMEN IN THE PERFORMANCE OF THE WORK OF THE
 STATE CONTRACT, THE CONTRACTOR  SHALL  IDENTIFY  SUCH  SUBCONTRACTOR  OR
 SUBCONTRACTORS TO THE CONTRACTING STATE AGENCY.
   2.  A  STATE  AGENCY  SHALL  GRANT A REQUEST FOR A WAIVER OF WORKFORCE
 PARTICIPATION GOALS ON A STATE CONTRACT WHERE:
   (A) THE CONTRACTOR DEMONSTRATES THAT THE CONTRACTOR  AND  ITS  SUBCON-
 TRACTORS  MADE GOOD FAITH EFFORTS TO ACHIEVE THE WORKFORCE PARTICIPATION
 GOAL ON THE STATE CONTRACT, AND THAT INSUFFICIENT MINORITY GROUP MEMBERS
 OR WOMEN WERE AVAILABLE IN THE  CONSTRUCTION  TRADES,  PROFESSIONS,  AND
 OCCUPATIONS REQUIRED TO PERFORM THE WORK OF THE STATE CONTRACT; OR
   (B)  THE  CONTRACTOR CONTRACTUALLY REQUIRED EACH OF ITS SUBCONTRACTORS
 TO MAKE A GOOD FAITH EFFORT TO  ACHIEVE  THE  MAXIMUM  FEASIBLE  PARTIC-

 S. 6575                            24
 
 IPATION  OF  MINORITY  GROUP MEMBERS AND WOMEN IN THE PERFORMANCE OF THE
 SUBCONTRACTED WORK, PERIODICALLY MONITORED SUCH SUBCONTRACTORS'  DEPLOY-
 MENT  OF  MINORITY  GROUP  MEMBERS  AND  WOMEN IN THE PERFORMANCE OF THE
 SUBCONTRACTED  WORK, PROVIDED NOTICE TO SUCH SUBCONTRACTORS OF ANY DEFI-
 CIENCIES IN THEIR DEPLOYMENT OF MINORITY GROUP MEMBERS AND WOMEN IN  THE
 PERFORMANCE  OF SUCH SUBCONTRACTED WORK, AND COULD NOT ACHIEVE THE WORK-
 FORCE  PARTICIPATION  GOAL  FOR  ONE  OR   MORE   CONSTRUCTION   TRADES,
 PROFESSIONS,  OR  OCCUPATIONS  WITHOUT  THE  GOOD  FAITH EFFORTS OF SUCH
 SUBCONTRACTORS.
   § 825. POWERS AND RESPONSIBILITIES OF THE DIVISION.   1. THE  DIRECTOR
 SHALL  POST TO THE WEBSITE OF THE DIVISION ON OR BEFORE OCTOBER FIRST OF
 EACH YEAR THE ASPIRATIONAL GOALS FOR THE UTILIZATION OF  MINORITY  GROUP
 MEMBERS  AND  WOMEN  IN  CONSTRUCTION REQUIRED PURSUANT TO SECTION EIGHT
 HUNDRED TWENTY-TWO OF THIS ARTICLE.
   2. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS FOR THE  IMPLE-
 MENTATION OF THIS ARTICLE, INCLUDING, BUT NOT LIMITED TO, PROCEDURES FOR
 THE  SUBMISSION  OF  CERTIFICATIONS  AND  WORKFORCE UTILIZATION PLANS BY
 CONTRACTORS, CRITERIA FOR GRANTING WAIVERS  OF  WORKFORCE  PARTICIPATION
 GOALS,  AND  THE  CONTENTS OF REPORTS BY STATE AGENCIES CONCERNING THEIR
 IMPLEMENTATION OF THE REQUIREMENTS OF THIS ARTICLE.
   3. THE DIVISION SHALL, FROM  TIME  TO  TIME,  REVIEW  THE  FACILITIES,
 BOOKS,  AND RECORDS OF STATE AGENCIES TO ASCERTAIN THE ACCURACY OF THEIR
 REPORTS AND THEIR COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE.  THE
 DEPARTMENT  SHALL  PROVIDE SUCH ASSISTANCE AS THE DIRECTOR SHALL REQUIRE
 IN CARRYING OUT THE REQUIREMENTS OF THIS SECTION.
   § 826. SEVERABILITY. IF ANY CLAUSE, SENTENCE,  PARAGRAPH,  SECTION  OR
 PART  OF THIS ARTICLE SHALL BE ADJUDGED BY ANY COURT OF COMPETENT JURIS-
 DICTION TO BE INVALID, THE JUDGMENT SHALL NOT AFFECT, IMPAIR OR  INVALI-
 DATE  THE  REMAINDER  THEREOF, BUT SHALL BE CONFINED IN ITS OPERATION TO
 THE CLAUSE, SENTENCE, PARAGRAPH, SECTION OR PART OF THIS ARTICLE DIRECT-
 LY INVOLVED IN THE CONTROVERSY IN WHICH THE  JUDGMENT  SHALL  HAVE  BEEN
 RENDERED.
   §  15.  Severability. If any clause, sentence, paragraph, subdivision,
 section or part contained in any part of this act shall be  adjudged  by
 any  court  of competent jurisdiction to be invalid, such judgment shall
 not affect, impair, or invalidate the remainder thereof,  but  shall  be
 confined  in  its operation to the clause, sentence, paragraph, subdivi-
 sion, section or part contained in any part thereof directly involved in
 the controversy in which such judgment shall have been rendered.  It  is
 hereby  declared to be the intent of the legislature that this act would
 have been enacted even if such invalid provisions had not been  included
 herein.
   §  16.  This  act  shall  take effect on the one hundred eightieth day
 after it shall have become a law, provided, however, that the provisions
 of section twelve of  this  act  shall  apply  to  any  state  contracts
 executed  and entered into on or after January 1, 2020 and shall exclude
 such contracts that have been previously awarded or have pending bids or
 pending requests for proposals issued prior to such date, and shall  not
 apply to projects that have commenced project design prior to such date;
 provided, further, that:
   (a)  the  amendments  to  article  15-A  of the executive law, made by
 sections one, two, three, four, five, six, seven and eight of this  act,
 shall  not affect the expiration of such article and shall expire and be
 deemed expired therewith;

 S. 6575                            25
 
   (b) the amendments to section 163 of the state finance  law,  made  by
 section  nine of this act, shall not affect the expiration and repeal of
 such section, and shall expire and be deemed repealed therewith;
   (c)  the amendments to section 139-j of the state finance law, made by
 section eleven of this act, shall not affect the expiration  and  repeal
 of such section, and shall expire and be deemed repealed therewith; and
   (d)  section  fourteen of this act shall expire and be deemed repealed
 December 31, 2024.