Senate Bill S1424A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  1424--A
     Cal. No. 500
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             January 11, 2023
                                ___________
 
 Introduced  by Sens. BAILEY, WEBB -- read twice and ordered printed, and
   when printed to be committed  to  the  Committee  on  Procurement  and
   Contracts -- recommitted to the Committee on Procurement and Contracts
   in  accordance  with  Senate Rule 6, sec. 8 -- reported favorably from
   said committee, ordered to first  report,  amended  on  first  report,
   ordered  to a second report and ordered reprinted, retaining its place
   in the order of second report
 
 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. SUCH  GROWTH
 PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF THE CONTRACT-
 ING  AGENCY'S USE OF DISCRETIONARY BUYING IN ACCORDANCE WITH SUBDIVISION
 SIX OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND WHAT
 PERCENTAGE OF TOTAL COMMODITIES AND SERVICE PURCHASES WITHIN THE DISCRE-
 TIONARY BUYING DOLLAR THRESHOLD ARE AWARDED TO CERTIFIED  MINORITY-OWNED
 AND  WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO THAT AUTHORIZATION AND
 WHETHER THIS AUTHORIZATION CAN BE  USED  TO  INCREASE  PARTICIPATION  BY
 MINORITY-OWNED  AND WOMEN-OWNED BUSINESS ENTERPRISES, AN ANALYSIS OF HOW
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD04493-02-4
 S. 1424--A                          2
 
 THE CONTRACTING AGENCY CAN  USE  THE  EMPIRE  STATE  DEVELOPMENT  CORPO-
 RATION'S  AND  THE DIVISION'S RESOURCES TO FACILITATE ADDITIONAL MINORI-
 TY-OWNED AND  WOMEN-OWNED  BUSINESS  ENTERPRISE  PARTICIPATION  AND  ANY
 RECOMMENDATIONS  FOR  PROGRAMMATIC  MODIFICATIONS  THAT WOULD MAKE THOSE
 RESOURCES EASIER TO USE, AN ANALYSIS OF WHAT STEPS THE CONTRACTING AGEN-
 CY PLANS TO TAKE TO  IMPROVE  MINORITY-OWNED  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISE  CAPACITY  TO  PARTICIPATE IN ADDITIONAL CONTRACTS AND BECOME
 VIABLE BIDDERS FOR LARGER CONTRACTS, AN EXPLANATION OF HOW THE CONTRACT-
 ING AGENCY IS DEBRIEFING MINORITY-OWNED AND WOMEN-OWNED BUSINESS  ENTER-
 PRISES  THAT LOSE BIDS AND HOW THAT PROCESS CAN IMPROVE, AND AN ANALYSIS
 OF THE TYPES OF CONTRACTS WHERE WAIVERS ARE BEING GRANTED AND STEPS  THE
 STATE  CAN  TAKE  TO  REDUCE THE NEED FOR WAIVERS OVER THE COURSE OF THE
 GROWTH PLAN.
   § 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
 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.