S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   6615
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 22, 2021
                                ___________
 
 Introduced  by  M.  of  A.  RODRIGUEZ,  COLTON,  BARRON,  COOK,  JOYNER,
   SEAWRIGHT, BICHOTTE HERMELYN, HYNDMAN -- Multi-Sponsored by --  M.  of
   A.    PEOPLES-STOKES,  SAYEGH, THIELE -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to directing  contracting
   state  agencies  to develop a growth plan in order to increase partic-
   ipation of MWBEs with respect to state contracts and subcontracts
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD07098-01-1

 A. 6615                             2
 
 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
 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.