STATE OF NEW YORK ________________________________________________________________________ 9217 IN SENATE May 6, 2024 ___________ Introduced by Sen. STAVISKY -- read twice and ordered printed, and when printed to be committed to the Committee on Procurement and Contracts AN ACT to amend the executive law, in relation to minority and women- owned business enterprise certification The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (e) of subdivision 7 of section 310 of the execu- 2 tive law, as amended by chapter 96 of the laws of 2019, is amended to 3 read as follows: 4 (e) an enterprise owned by an individual or individuals, whose owner- 5 ship, control and operation are relied upon for certification, with a 6 personal net worth that does not exceed fifteen million dollars, and 7 such other amount as the director shall set forth in regulations, as 8 adjusted annually on the first of January for inflation according to the 9 consumer price index of the previous year; provided, however, notwith- 10 standing any other provision of law to the contrary, for purposes of 11 certification of a minority-owned business enterprise under section 12 three hundred fourteen of this article, the personal net worth limit of 13 fifteen million dollars or more shall not apply to any small business 14 enterprise that manufactures metal or vinyl windows and doors (NAICS 15 codes 332321 and 326199) that is located in a city with a population of 16 more than one million and where eighty percent or more of its employees 17 that work at such location in such city are minority group members as 18 defined in subdivision eight of this section; and 19 § 2. Subdivision 20 of section 310 of the executive law, as amended by 20 chapter 44 of the laws of 2024, is amended to read as follows: 21 20. "Small business" as used in this section, unless otherwise indi- 22 cated, shall mean a business which has a significant business presence 23 in the state, is independently owned and operated, not dominant in its 24 field and employs, based on its industry, a certain number of persons as 25 determined by the director, but not to exceed three hundred, except 26 during a declared state disaster emergency as defined pursuant to 27 section twenty-eight of this chapter, not to exceed three hundred 28 employees who work thirty or more hours per week over the period of EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15390-01-4
S. 9217 2 1 fifty-two weeks for a total of one thousand five hundred sixty hours 2 worked, taking into consideration factors which include, but are not 3 limited to, federal small business administration standards pursuant to 4 13 CFR part 121 and any amendments thereto; provided, however, notwith- 5 standing any other provision of law to the contrary, for purposes of 6 certification of a minority-owned business enterprise under section 7 three hundred fourteen of this article, the small business employee 8 limit of three hundred persons or more shall not apply to any small 9 business enterprise that manufactures metal or vinyl windows and doors 10 (NAICS codes 332321 and 326199) that is located in a city with a popu- 11 lation of more than one million and where eighty percent or more of its 12 employees that work at such location in such city are minority group 13 members as defined in subdivision eight of this section. The director 14 may issue regulations on the construction of the terms in this defi- 15 nition. For purposes of this subdivision, an employee may break from 16 employment for up to thirteen weeks without the fifty-two week lookback 17 period resetting. 18 § 3. Subdivision 1 of section 314 of the executive law, as amended by 19 chapter 567 of the laws of 2022, is amended to read as follows: 20 1. The director shall promulgate rules and regulations providing for 21 the establishment of a statewide certification program including rules 22 and regulations governing the approval, denial or revocation of any such 23 certification including revocations for convictions for fraudulently 24 misrepresenting the status of minority or women-owned business enter- 25 prises. Such rules shall set forth the maximum personal net worth of a 26 minority group member or woman who may be relied upon to certify a busi- 27 ness as a minority-owned business enterprise or women-owned business 28 enterprise with a minimum personal net worth threshold of fifteen 29 million dollars, and may thereafter establish different maximum levels 30 of personal net worth for minority group members and women on an indus- 31 try-by-industry basis for such industries as the director shall deter- 32 mine. Such regulations relating to the classification of the industry- 33 by-industry personal net worth thresholds above the fifteen million 34 dollar threshold shall consider the personal net worth of the owners of 35 both certified and non-certified businesses, including but not limited 36 to, prime contractors and subcontractors, as well as any such other 37 factors needed to establish such thresholds. Such rules and regulations 38 shall include, but not be limited to, such matters as may be required to 39 ensure that the established procedures thereunder shall at least be in 40 compliance with the code of fair procedure set forth in section seven- 41 ty-three of the civil rights law, and consistent with the provisions of 42 article twenty-three-A of the correction law. Notwithstanding any 43 provision of this subdivision or any other provision of law to the 44 contrary, for purposes of certification of a minority-owned business 45 enterprise, the personal net worth limit of fifteen million dollars or 46 more shall not apply to any small business enterprise that manufactures 47 metal or vinyl windows and doors (NAICS codes 332321 and 326199) that is 48 located in a city with a population of more than one million and where 49 eighty percent or more of its employees that work at such location in 50 such city are minority group members as defined in subdivision eight of 51 section three hundred ten of this article. 52 § 4. Subparagraph (vi) of paragraph (a) of subdivision 2-a of section 53 314 of the executive law, as amended by chapter 96 of the laws of 2019, 54 is amended to read as follows: 55 (vi) be owned by an individual or individuals, whose ownership, 56 control and operation are relied upon for certification, with a personal
S. 9217 3 1 net worth that does not exceed fifteen million dollars and such other 2 amount as the director shall set forth in regulations, as adjusted annu- 3 ally for inflation according to the consumer price index; provided, 4 however, notwithstanding any other provision of law to the contrary, for 5 purposes of certification of a minority-owned business enterprise, the 6 personal net worth limit of fifteen million dollars or more shall not 7 apply to any small business enterprise that manufactures metal or vinyl 8 windows and doors (NAICS codes 332321 and 326199) that is located in a 9 city with a population of more than one million and where eighty percent 10 or more of its employees that work at such location in such city are 11 minority group members as defined in subdivision eight of section three 12 hundred ten of this article; and 13 § 5. This act shall take effect immediately; provided the amendments 14 to article 15-A of the executive law made by sections one, two, three 15 and four of this act shall not affect the repeal of such article and 16 shall be deemed repealed therewith.