S T A T E O F N E W Y O R K
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10558
I N A S S E M B L Y
July 6, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Cruz) --
read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to directing contracting
state agencies to develop a growth plan in order to increase partic-
ipation of MWBEs with respect to state contracts and subcontracts
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (d-1) of subdivision 3 of section 311 of the
executive law, as added by chapter 96 of the laws of 2019, is amended to
read as follows:
(d-1) to require all contracting state agencies to develop a [four-
year] THREE-YEAR growth plan to determine a means of promoting and
increasing participation by minority-owned and women-owned business
enterprises with respect to state contracts and subcontracts. Every
[four] THREE years, beginning September fifteenth, two thousand twenty,
each contracting state agency shall submit a [four-year] THREE-YEAR
growth plan as part of its annual report to the governor and legislature
pursuant to section one hundred sixty-four of this chapter.
§ 2. Subdivision 5 of section 315 of the executive law, as amended by
chapter 96 of the laws of 2019, is amended to read as follows:
5. Each agency shall include in its annual report to the governor and
legislature pursuant to section one hundred sixty-four of 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; (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; (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] THREE years,
beginning September fifteenth, two thousand twenty, each agency shall
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07098-01-1
A. 10558 2
include in such annual report its [four-year] THREE-YEAR growth plan
pursuant to section three hundred eleven of this article.
§ 3. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, the amendments to sections 311 and
315 of the executive law made by sections one and two of this act
respectively, shall not affect the repeal of such sections and shall be
deemed repealed therewith.