Assembly Bill A7121A

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7121--A
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                              March 20, 2025
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE HERMELYN, McDONALD, GIBBS, DAVILA --
   read once and referred to the Committee on Governmental Operations  --
   recommitted  to the Committee on Governmental Operations in accordance
   with Assembly Rule 3, sec. 2 -- committee  discharged,  bill  amended,
   ordered reprinted as amended and recommitted to said committee

 AN ACT to amend the executive law, in relation to requiring the division
   of minority and women's business development to prepare and release an
   annual  report  on  state  agency  utilization;  and providing for the
   repeal of such provisions upon expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. The executive law is amended by adding a new section 313-b
 to read as follows:
   § 313-B. ANNUAL MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE  UTILIZA-
 TION  REPORT.  1. THE DIVISION OF MINORITY AND WOMEN'S BUSINESS DEVELOP-
 MENT SHALL PREPARE AND RELEASE ON ITS WEBSITE AN ANNUAL REPORT  CONCERN-
 ING  STATE  AGENCY  UTILIZATION  OF  MINORITY  AND  WOMEN-OWNED BUSINESS
 ENTERPRISES PURSUANT TO THIS ARTICLE. THE REPORT SHALL BE BASED ON ACTU-
 AL PAYMENTS OR EXPENDITURES, TO THE EXTENT SUCH DATA IS  AVAILABLE,  AND
 SHALL  MEASURE  EACH  AGENCY'S  UTILIZATION  OF  CERTIFIED  MINORITY AND
 WOMEN-OWNED BUSINESS ENTERPRISES AGAINST APPLICABLE PARTICIPATION  GOALS
 ESTABLISHED PURSUANT TO THIS ARTICLE.
   2.  THE REPORT REQUIRED BY THIS SECTION MAY INCLUDE AGGREGATE INFORMA-
 TION CONCERNING  UTILIZATION  BY  MINORITY-OWNED  BUSINESS  ENTERPRISES,
 WOMEN-OWNED  BUSINESS ENTERPRISES, AND MINORITY AND WOMEN-OWNED BUSINESS
 ENTERPRISES ACROSS MAJOR INDUSTRY CATEGORIES, PROVIDED THAT SUCH  INFOR-
 MATION  SHALL  BE  REPORTED IN A MANNER CONSISTENT WITH THIS ARTICLE AND
 ANY APPLICABLE STATE OR FEDERAL LAW.
   3. FOR EACH AGENCY, THE REPORT SHALL STATE THE FOLLOWING:
   (A) THE TOTAL DOLLAR AMOUNT OF THE AGENCY'S M/WBE-ELIGIBLE SPENDING;
   (B) THE TOTAL AMOUNT OF THE AGENCY'S ACTUAL M/WBE SPENDING;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10437-02-6
              

 A. 7121--A                          2
 
   (C) THE PERCENTAGE OF ELIGIBLE SPENDING REPRESENTED BY ACTUAL PAYMENTS
 MADE TO CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES;
   (D) WHETHER THE AGENCY MET, EXCEEDED, OR FAILED TO MEET ITS APPLICABLE
 MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE PARTICIPATION GOALS;
   (E) THE NATURE OF THE MAJORITY OF THE SPENDING, SPECIFYING WHETHER THE
 SPENDING  WAS  FOR CONSTRUCTION SERVICES, CONSTRUCTION-RELATED SERVICES,
 NON-CONSTRUCTION SERVICES, COMMODITIES OR PROFESSIONAL SERVICES; AND
   (F) WHERE SUCH DATA IS AVAILABLE, A COMPARISON OF THE  AGENCY'S  PRIOR
 FISCAL  YEAR ACTUAL SPENDING AMOUNT WITH THE AMOUNTS SPENT BY THE AGENCY
 DURING THE THREE PREVIOUS FISCAL YEARS, NOTING THE INCREASE OR  DECREASE
 FROM YEAR TO YEAR.
   4.  THE  DIVISION MAY CONSULT WITH THE OFFICE OF THE STATE COMPTROLLER
 AND ANY OTHER STATE AGENCY AS NECESSARY TO OBTAIN CONTRACT, PAYMENT,  OR
 EXPENDITURE DATA RELEVANT TO THE PREPARATION OF THE REPORT.
   5.  NOTHING  IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE THE DISCLO-
 SURE OF CONFIDENTIAL, PROPRIETARY, OR OTHERWISE PROTECTED INFORMATION.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date upon which it shall have become a law; provided, however, that
 the provisions of section 313-b of the executive   law   as  added    by
 section   one  of this act shall not affect the expiration and repeal of
 article 15-A of the executive law and shall be  deemed  repealed  there-
 with.