STATE OF NEW YORK ________________________________________________________________________ 1424--A Cal. No. 500 2023-2024 Regular Sessions IN SENATE 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: 1 Section 1. Paragraph (d-1) of subdivision 3 of section 311 of the 2 executive law, as added by chapter 96 of the laws of 2019, is amended to 3 read as follows: 4 (d-1) to require all contracting state agencies to develop a [four- 5 year] three-year growth plan to determine a means of promoting and 6 increasing participation by minority-owned and women-owned business 7 enterprises with respect to state contracts and subcontracts. Every 8 [four] three years, beginning September fifteenth, two thousand twenty, 9 each contracting state agency shall submit a [four-year] three-year 10 growth plan as part of its annual report to the governor and legislature 11 pursuant to section one hundred sixty-four of this chapter. Such growth 12 plans shall include, but not be limited to, an analysis of the contract- 13 ing agency's use of discretionary buying in accordance with subdivision 14 six of section one hundred sixty-three of the state finance law and what 15 percentage of total commodities and service purchases within the discre- 16 tionary buying dollar threshold are awarded to certified minority-owned 17 and women-owned business enterprises pursuant to that authorization and 18 whether this authorization can be used to increase participation by 19 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 1 the contracting agency can use the empire state development corpo- 2 ration's and the division's resources to facilitate additional minori- 3 ty-owned and women-owned business enterprise participation and any 4 recommendations for programmatic modifications that would make those 5 resources easier to use, an analysis of what steps the contracting agen- 6 cy plans to take to improve minority-owned and women-owned business 7 enterprise capacity to participate in additional contracts and become 8 viable bidders for larger contracts, an explanation of how the contract- 9 ing agency is debriefing minority-owned and women-owned business enter- 10 prises that lose bids and how that process can improve, and an analysis 11 of the types of contracts where waivers are being granted and steps the 12 state can take to reduce the need for waivers over the course of the 13 growth plan. 14 § 2. Subdivision 5 of section 315 of the executive law, as amended by 15 chapter 96 of the laws of 2019, is amended to read as follows: 16 5. Each agency shall include in its annual report to the governor and 17 legislature pursuant to section one hundred sixty-four of this chapter: 18 (a) its annual goals for contracts with minority-owned and women-owned 19 business enterprises; (b) the number of actual contracts issued to 20 minority-owned and women-owned business enterprises; (c) a summary of 21 all waivers of the requirements of subdivisions six and seven of section 22 three hundred thirteen of this article allowed by the reporting agency 23 during the preceding year, including a description of the basis of the 24 waiver request and the rationale for granting such waiver; (d) whether 25 or not it has been required to prepare a remedial plan, and, if so, the 26 plan and the extent to which the agency has complied with each element 27 of the plan; (e) which expenditures are exempt from participation goals 28 and the rationale for such exemption; and (f) every [four] three years, 29 beginning September fifteenth, two thousand twenty, each agency shall 30 include in such annual report its [four-year] three-year growth plan 31 pursuant to section three hundred eleven of this article. 32 § 3. This act shall take effect on the ninetieth day after it shall 33 have become a law; provided, however, the amendments to sections 311 and 34 315 of the executive law made by sections one and two of this act 35 respectively, shall not affect the repeal of such sections and shall be 36 deemed repealed therewith.