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This entry was published on 2022-12-16
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SECTION 821
Definitions
Executive (EXC) CHAPTER 18, ARTICLE 28
* § 821. Definitions. As used in this article, the following terms
shall have the following meanings:

1. "Contractor" shall mean an individual, a business enterprise,
including a sole proprietorship, a partnership, a corporation, a
not-for-profit corporation, or any other party to a state contract, or a
bidder in conjunction with the award of a state contract or a proposed
party to a state contract.

2. "Department" shall mean the department of labor.

3. "Director" shall mean the director of the division of minority and
women's business development.

4. "Disparity study" shall mean the most recent study of disparities
between the utilization of minority group members and women in the
performance of state contracts and the availability of minority group
members and women to perform such work by the director pursuant to
article fifteen-A of this chapter.

5. "Division" shall mean the department of economic development's
division of minority and women's business development.

6. "Minority group member" shall mean a United States citizen or
permanent resident noncitizen who is and can demonstrate membership in
one of the following groups:

(a) Black persons having origins in any of the Black African racial
groups;

(b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican,
Cuban, Central or South American of either Indian or Hispanic origin,
regardless of race;

(c) Native American or Alaskan native persons having origins in any of
the original peoples of North America;

(d) Asian and Pacific Islander persons having origins in any of the
Far East countries, South East Asia, the Indian subcontinent or the
Pacific Islands.

7. "State agency" shall mean (a)(i) any state department, or (ii) any
division, board, commission or bureau of any state department, or (iii)
the state university of New York and the city university of New York,
including all their constituent units except community colleges and the
independent institutions operating statutory or contract colleges on
behalf of the state, or (iv) a board, a majority of whose members are
appointed by the governor or who serve by virtue of being state officers
or employees as defined in subparagraph (i), (ii) or (iii) of paragraph
(i) of subdivision one of section seventy-three of the public officers
law.

(b) a "state authority," as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;
Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
New York State Thruway Authority;
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
Triborough Bridge and Tunnel Authority;
Upper Mohawk Valley Regional Water Board;
Upper Mohawk Valley Regional Water Finance Authority;
Upper Mohawk Valley Memorial Auditorium Authority;
Urban Development Corporation and its subsidiary corporations.

(c) the following only to the extent of state contracts entered into
for its own account or for the benefit of a state agency as defined in
paragraph (a) or (b) of this subdivision:
Dormitory Authority of the State of New York;
Facilities Development Corporation;
New York State Energy Research and Development Authority;
New York State Science and Technology Foundation.

8. "State contract" shall mean: (a) a written agreement in excess of
one hundred thousand dollars whereby a state agency is committed to
expend or does expend funds for the acquisition, construction,
demolition, replacement, major repair or renovation of real property and
improvements thereon; and (b) a written agreement in excess of one
hundred thousand dollars whereby the owner of a state assisted housing
project is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major repair or renovation of
real property and improvements thereon for such project.

9. "Subcontractor" shall mean any individual or business enterprise
that provides goods or services to any individual or business for use in
the performance of a state contract, whether or not such goods or
services are provided to a party to a state contract.

* NB Repealed December 31, 2024