S T A T E O F N E W Y O R K
________________________________________________________________________
6729
2021-2022 Regular Sessions
I N A S S E M B L Y
March 29, 2021
___________
Introduced by M. of A. BICHOTTE HERMELYN -- read once and referred to
the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to criteria for certif-
ication by the division of minority and women's business development
of minority and women-owned business enterprise status; and to repeal
subdivision 19 of section 310 of such law relating to the definition
of personal net worth
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (a) of subdivision 2-a of section 314 of the
executive law, as amended by chapter 96 of the laws of 2019, is amended
to read as follows:
(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;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD07092-01-1
A. 6729 2
(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 fifteen million 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 THAT
HAS BEEN AWARDED CONTRACTS BY ONE OR MORE AGENCIES WITHIN THE PAST THREE
YEARS WHERE THE TOTAL CITY FUNDING RECEIVED BY THE ENTERPRISE FROM THE
EXPENSE AND CAPITAL BUDGETS FOR SUCH CONTRACTS WAS EQUAL TO OR GREATER
THAN SIXTY MILLION DOLLARS, EXCLUSIVE OF ANY PAYMENTS MADE TO SUBCON-
TRACTORS, AND WHOSE SIZE HAS EXCEEDED THE SIZE STANDARDS ESTABLISHED FOR
ITS INDUSTRY BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION FOR
THREE YEARS; and
(vii) be an enterprise that is a small business pursuant to subdivi-
sion twenty of section three hundred ten of this article.
§ 2. Paragraph (e) of subdivision 7, paragraph (e) of subdivision 15
and subdivision 20 of section 310 of the executive law, paragraph (e) of
subdivision 7 and paragraph (e) of subdivision 15 as amended by chapter
96 of the laws of 2019 and subdivision 20 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 fifteen million 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 THAT HAS BEEN AWARDED
CONTRACTS BY ONE OR MORE AGENCIES WITHIN THE PAST THREE YEARS WHERE THE
TOTAL STATE FUNDING RECEIVED BY THE ENTERPRISE FROM THE EXPENSE AND
CAPITAL BUDGETS FOR SUCH CONTRACTS WAS EQUAL TO OR GREATER THAN SIXTY
MILLION DOLLARS, EXCLUSIVE OF ANY PAYMENTS MADE TO SUBCONTRACTORS, AND
WHOSE SIZE HAS EXCEEDED THE SIZE AND STANDARDS ESTABLISHED FOR ITS
INDUSTRY BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION FOR THREE
YEARS; and
(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 fifteen million 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 THAT HAS BEEN AWARDED
CONTRACTS BY ONE OR MORE AGENCIES WITHIN THE PAST THREE YEARS WHERE
THE TOTAL STATE FUNDING RECEIVED BY THE ENTERPRISE FROM THE EXPENSE AND
CAPITAL BUDGETS FOR SUCH CONTRACTS WAS EQUAL TO OR GREATER THAN SIXTY
MILLION DOLLARS, EXCLUSIVE OF ANY PAYMENTS MADE TO SUBCONTRACTORS, AND
WHOSE SIZE HAS EXCEEDED THE SIZE STANDARDS ESTABLISHED FOR ITS INDUSTRY
BY THE UNITED STATES SMALL BUSINESS ADMINISTRATION FOR THREE YEARS;
and
20. "Small business" as used in this section, unless otherwise indi-
cated, shall mean a business which has a significant business presence
in the state, is independently owned and operated, not dominant in its
field and [employs, based on its industry, a certain number of persons
as determined by the director, but not to exceed three hundred, taking
into consideration factors which include, but are not limited to, feder-
al small business administration standards] WHOSE SIZE DOES NOT EXCEED
THE SIZE STANDARDS ESTABLISHED BY THE UNITED STATES SMALL BUSINESS
ADMINISTRATION FOR ITS INDUSTRY pursuant to 13 CFR part 121 and any
amendments thereto. The director may issue regulations on the
construction of the terms in this definition.
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§ 3. Subdivision 19 of section 310 of the executive law is REPEALED.
§ 4. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that the amendments to article
15-A of the executive law made by sections one and two of this act shall
not affect the expiration of such article and shall be deemed to expire
therewith.