S. 6161 2
administration standards pursuant to 13 CFR part 121 and any amendments
thereto; and
(f) certified by the office of general services.
3. "Director" shall mean the director of the division of [service-dis-
abled] veterans' business development.
4. "Division" shall mean the division of [service-disabled] veterans'
business development in the office of general services.
§ 3. Section 41 of the veterans' services law is amended to read as
follows:
§ 41. Division of [service-disabled] veterans' business development.
1. The head of the division of [service-disabled] veterans' business
development shall be the director who shall be appointed by the governor
and who shall hold office at the pleasure of the commissioner.
2. The director may appoint such deputies, assistants, and other
employees as may be needed for the performance of the duties prescribed
herein subject to the provisions of the civil service law and the rules
and regulations of the civil service commission. The director may
request and shall receive from any (i) department, division, board,
bureau, or executive commission of the state or (ii) state agency, such
assistance as may be necessary to carry out the provisions of this arti-
cle.
3. The director shall have the following powers and duties:
(a) Develop, collect, summarize and disseminate information that will
be helpful to persons and organizations throughout the state in under-
taking or promoting the establishment and successful operation of a
[service-disabled] veteran-owned business.
(b) Develop and make available to state agencies a directory of certi-
fied [service-disabled] veteran-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 enter-
prises are available to perform services. Such directory shall be posted
on the office of general services website.
(c) Assist state agencies in the development of programs to foster and
promote the use of [service-disabled] veteran-owned business enterprises
on state contracts.
(d) Coordinate the plans, programs and operations of the state govern-
ment which affect or may contribute to the establishment, preservation
and development of [service-disabled] veteran-owned business enter-
prises.
(e) To appoint independent hearing officers who by contract or terms
of employment shall preside over adjudicatory hearings pursuant to this
section for the office and who are assigned no other work by the office.
(f) In conjunction with the commissioner, develop a comprehensive
statewide plan and operational guidelines to promote [service-disabled]
veteran-owned business enterprises and to assist them in obtaining
opportunities to participate in the procurement of goods and services by
the state, including identification of barriers to VETERANS' AND
service-disabled veterans' business development and investigation and
evaluation of their impact on achieving the objectives of this article.
4. The commissioner shall:
(a) Coordinate training of all procurement personnel of state agen-
cies, emphasizing increased sensitivity and responsiveness to the unique
needs and requirements of [service-disabled] veteran-owned business
enterprises.
S. 6161 3
(b) Conduct a coordinated review of all existing and proposed state
training and technical assistance activities in direct support of the
[service-disabled] veterans' business development program to assure
consistency with the objectives of this article.
(c) Evaluate and assess availability of firms for the purpose of
increasing participation of such firms in state contracting in consulta-
tion with relevant state entities including, but not limited to, the New
York state department of veterans' services.
(d) Provide advice and technical assistance to promote [service-disa-
bled] veteran-owned business enterprises' understanding of state
procurement laws, practices and procedures to facilitate and increase
the participation of [service-disabled] veteran-owned business enter-
prises in state procurement.
(e) Establish regular performance reporting systems regarding imple-
mentation of the programs designed to increase [service-disabled] veter-
an-owned business participation in procurement contracts by state agen-
cies.
(f) Submit a report by the thirty-first of December each year, to the
governor, the temporary president of the senate, the speaker of the
assembly and the chairpersons of the senate finance and assembly ways
and means committees. Such report shall include information including,
but not limited to, the number of contracts entered into pursuant to
this article, the average amount of such contracts, the number of
[service-disabled] veteran-owned business enterprises certified, the
number of applications for certification as a [service-disabled] veter-
an-owned business enterprise, the number of denials for such certif-
ication, the number of appeals of such denials, and the outcome of such
appeals and the average time that is required for such certification to
be completed. Also to be included shall be the level of [service-disa-
bled] veteran-owned businesses participating in each agency's contracts
for goods and services and on activities of the division and efforts by
each contracting agency to promote utilization of [service-disabled]
veteran-owned businesses and to promote and increase participation by
certified [service-disabled] veteran-owned businesses with respect to
state contracts and subcontracts to such businesses. Such report may
recommend new activities and programs to effectuate the purposes of this
article.
5. Certification. (a) The director, or in the absence of the director,
the commissioner, within ninety days of the effective date of this arti-
cle, shall promulgate rules and regulations providing for the establish-
ment of a statewide certification program including rules and regu-
lations governing the approval, denial, or revocation of any such
certification. Such rules and regulations shall include, but not be
limited to, such matters as may be required to ensure that the estab-
lished 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.
(b) The division of [service-disabled] veterans' business development
shall be responsible for verifying businesses as being owned, operated,
and controlled by a [service-disabled] veteran and for certifying such
verified businesses. Status as a [service-disabled] veteran pursuant to
paragraph (a) of this subdivision shall be documented by a copy of the
veteran's certificate of release or discharge from active duty, includ-
ing but not limited to, a DD-214 form or an honorable service
certificate/report of casualty from the Department of Defense, a letter
of certification by the United States Department of Veterans Affairs or
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the United States Department of Defense and any additional information
that may be required by the division of [service-disabled] veterans'
business development. In the case of the New York guard or the New York
naval militia and/or reserves thereof, status as a [service-disabled]
veteran pursuant to this paragraph shall be documented pursuant to rules
and regulations promulgated by the director, or in the absence of the
director, the commissioner.
(c) 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 days. Within sixty days of submission of a final
completed application, the director shall provide the applicant with
written notice of a determination by the director approving or denying
such certification and, in the event of a denial, a statement setting
forth the reasons for such denial. Upon a determination 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 determination, 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 determination shall be
deemed to be final. The independent hearing officer shall conduct a
hearing and upon the conclusion of such hearing, issue a written recom-
mendation to the director to affirm, reverse, or modify such determi-
nation 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 reason 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.
(d) All certifications shall be valid for a period of five years.
§ 4. Section 42 of the veterans' services law is amended to read as
follows:
§ 42. Opportunities for certified [service-disabled] veteran-owned
business enterprises. 1. The director, or in the absence of the direc-
tor, the commissioner, within ninety days of the effective date of this
article shall promulgate rules and regulations for the following
purposes:
(a) provide measures and procedures to ensure that certified
[service-disabled] veteran-owned business enterprises are afforded the
opportunity for meaningful participation in the performance of state
contracts and to assist in state agencies' identification of those state
contracts for which certified [service-disabled] veteran-owned business
enterprises may best perform;
(b) provide for measures and procedures that assist state agencies in
the identification of state contracts where [service-disabled] veteran
contract goals are practical, feasible and appropriate for the purpose
of increasing the utilization of [service-disabled] veteran-owned busi-
ness enterprise participation on state contracts;
(c) achieve a statewide goal for participation on state contracts by
[service-disabled] veteran-owned business enterprises of six percent;
(d) provide for procedures relating to submission and receipt of
applications by [service-disabled] veteran-owned business enterprises
for certification;
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(e) provide for the monitoring and compliance of state contracts by
state agencies with respect to the provisions of this article;
(f) provide for the requirement that state agencies submit regular
reports, as determined by the director, with respect to their [service-
disabled] veteran-owned business enterprise program activity, including
but not limited to, utilization reporting and state contract monitoring
and compliance;
(g) notwithstanding any provision of the state finance law, the public
buildings law, the highway law, the transportation law or the public
authorities law to the contrary, provide for the reservation or set-a-
side of certain procurements by state agencies in order to achieve the
objectives of this article; provided, however, that such procurements
shall remain subject to (i) priority of preferred sources pursuant to
sections one hundred sixty-two and one hundred sixty-three of the state
finance law; (ii) the approval of the comptroller of the state of New
York pursuant to section one hundred twelve and section one hundred
sixty-three of the state finance law and section twenty-eight hundred
seventy-nine-a of the public authorities law; and (iii) the procurement
record requirements pursuant to paragraph g of subdivision nine of
section one hundred sixty-three of the state finance law; and
(h) provide for any other purposes to effectuate this article.
2. State agencies shall administer the rules and regulations promul-
gated by the director for the implementation of this article.
§ 5. Subdivision 28 of section 4 of the veterans' services law is
amended to read as follows:
28. To include within the annual report as required by subdivision
seventeen of this section an accounting of the number of veteran-owned
small businesses in the state of New York, to be listed by the following
designations: small business concern owned and controlled by veterans as
set forth in 15 U.S.C. section 632(Q)(3), as amended from time to time,
and [service disabled] veteran-owned business enterprise as set forth in
article three of this chapter. Such listing shall include but not be
limited to the name of the veteran owner or owners of each business,
location of each such business, the type of each such business and when-
ever practicable, be divided into categories of labor, services, equip-
ment, materials and recognized construction trades. The department shall
request this information annually from the U.S. department of veterans
affairs, any other appropriate federal agencies and the department of
[service-disabled] veterans' business development within the New York
state office of general services.
§ 6. Clause (B) of subparagraph (v) of paragraph (a) of subdivision 3
of section 35 of the cannabis law is amended to read as follows:
(B) whether the registered organization is a minority and/or woman
owned business enterprise, a [service-disabled] veteran-owned business,
or from communities disproportionally impacted by the enforcement of
cannabis prohibition;
§ 7. The section heading, subdivision 1, paragraph (f) of subdivision
2, and paragraph (f) of subdivision 5 of section 87 of the cannabis law,
paragraph (f) of subdivision 5 as amended by section 29 of part PP of
chapter 56 of the laws of 2022, are amended to read as follows:
Social and economic equity, minority and women-owned businesses,
distressed farmers and [service-disabled] veterans; incubator program.
1. The board, in consultation with the chief equity officer and execu-
tive director, and after receiving public input shall create and imple-
ment a social and economic equity plan and actively promote applicants
from communities disproportionately impacted by cannabis prohibition,
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and promote racial, ethnic, and gender diversity when issuing licenses
for adult-use cannabis related activities, including mentoring potential
applicants, by prioritizing consideration of applications by applicants
who are from communities disproportionately impacted by the enforcement
of cannabis prohibition or who qualify as a minority or women-owned
business, distressed farmers, or [service-disabled] veterans. Such qual-
ifications shall be determined by the board, with recommendations from
the state cannabis advisory board, the chief equity officer and execu-
tive director, by regulation.
(f) [service-disabled] veterans.
(f) "[Service-disabled veterans] VETERANS" shall mean persons quali-
fied under article three of the veterans' services law.
§ 8. Subdivision 6 of section 224-d of the labor law, as amended by
section 30 of part PP of chapter 56 of the laws of 2022, is amended to
read as follows:
6. Each owner and developer subject to the requirements of this
section shall comply with the objectives and goals of certified minority
and women-owned business enterprises pursuant to article fifteen-A of
the executive law and certified [service-disabled] veteran-owned busi-
nesses pursuant to article three of the veterans' services law. The
department in consultation with the commissioner of the division of
minority and women's business development and the director of the divi-
sion of [service-disabled] veterans' business development shall make
training and resources available to assist minority and women-owned
business enterprises and [service-disabled] veteran-owned business
enterprises on covered renewable energy systems to achieve and maintain
compliance with prevailing wage requirements. The department shall make
such training and resources available online and shall afford minority
and women-owned business enterprises and [service-disabled] veteran-
owned business enterprises an opportunity to submit comments on such
training.
§ 9. Subdivision 1 of section 143 of the state finance law, as amended
by section 27 of part PP of chapter 56 of the laws of 2022, 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 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 specifica-
tions and making the deposit required by this section shall be furnished
with one copy of the plans and specifications. Notwithstanding the fore-
going, 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-disabled] veter-
an-owned business enterprises certified pursuant to article three of the
veterans' services law. Such payment may also be waived when such plans
and specifications are made available and obtained electronically or in
any non-paper form from the board, division, department, bureau, agency,
officer or commission of the state.
§ 10. Paragraph j of subdivision 1 and subdivision 6-d of section 163
of the state finance law, as amended by section 28 of part PP of chapter
56 of the laws of 2022, are amended to read as follows:
S. 6161 7
j. "Best value" means the basis for awarding contracts for services to
the offerer which optimizes quality, cost and efficiency, among respon-
sive and responsible offerers. Such basis shall reflect, wherever possi-
ble, objective and quantifiable analysis. Such basis may also identify a
quantitative factor for offerers that are small businesses, certified
minority- or women-owned business enterprises as defined in subdivisions
one, seven, fifteen and twenty of section three hundred ten of the exec-
utive law or [service-disabled] veteran-owned business enterprises as
defined in subdivision one of section forty of the veterans' services
law to be used in evaluation of offers for awarding of contracts for
services.
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 three of the veterans' services
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.
§ 11. Subdivision 3 of section 103-a of the state technology law, as
amended by section 31 of part PP of chapter 56 of the laws of 2022, is
amended to read as follows:
3. The director shall conduct an outreach campaign informing the
public of the iCenter and shall conduct specific outreach to minority
and women-owned business enterprises certified pursuant to article
fifteen-A of the executive law, small businesses as such term is defined
in section one hundred thirty-one of the economic development law, and
[service disabled] veteran owned business enterprises certified pursuant
to article three of the veterans' services law to inform such businesses
of iCenter initiatives.
§ 12. This act shall take effect on the ninetieth day after it shall
have become a law; provided, however, that:
(a) if section 2 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then sections one, two,
three, four, five and six of this act shall take effect on the same date
and in the same manner as such chapter of the laws of 2022 takes effect;
(b) if section 29 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section seven of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect;
(c) if section 30 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section eight of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect;
(d) if section 27 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section nine of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect;
(e) if section 28 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section ten of this
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect;
(f) if section 31 of part PP of chapter 56 of the laws of 2022 shall
not have taken effect on or before such date then section eleven of this
S. 6161 8
act shall take effect on the same date and in the same manner as such
chapter of the laws of 2022 takes effect; and
(g) the amendments to section 163 of the state finance law made by
section ten of this act shall not affect the repeal of such section and
shall be deemed repealed therewith.
