STATE OF NEW YORK ________________________________________________________________________ 195 2025-2026 Regular Sessions IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. BERGER -- read once and referred to the Committee on Governmental Operations 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 EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD00852-01-5A. 195 2 1 determined by the director, but not to exceed three hundred, except 2 during a declared state disaster emergency as defined pursuant to 3 section twenty-eight of this chapter, not to exceed three hundred 4 employees who work thirty or more hours per week over the period of 5 fifty-two weeks for a total of one thousand five hundred sixty hours 6 worked, taking into consideration factors which include, but are not 7 limited to, federal small business administration standards pursuant to 8 13 CFR part 121 and any amendments thereto; provided, however, notwith- 9 standing any other provision of law to the contrary, for purposes of 10 certification of a minority-owned business enterprise under section 11 three hundred fourteen of this article, the small business employee 12 limit of three hundred persons or more shall not apply to any small 13 business enterprise that manufactures metal or vinyl windows and doors 14 (NAICS codes 332321 and 326199) that is located in a city with a popu- 15 lation of more than one million and where eighty percent or more of its 16 employees that work at such location in such city are minority group 17 members as defined in subdivision eight of this section. The director 18 may issue regulations on the construction of the terms in this defi- 19 nition. For purposes of this subdivision, an employee may break from 20 employment for up to thirteen weeks without the fifty-two week lookback 21 period resetting. 22 § 3. Subdivision 1 of section 314 of the executive law, as amended by 23 chapter 567 of the laws of 2022, is amended to read as follows: 24 1. The director shall promulgate rules and regulations providing for 25 the establishment of a statewide certification program including rules 26 and regulations governing the approval, denial or revocation of any such 27 certification including revocations for convictions for fraudulently 28 misrepresenting the status of minority or women-owned business enter- 29 prises. Such rules shall set forth the maximum personal net worth of a 30 minority group member or woman who may be relied upon to certify a busi- 31 ness as a minority-owned business enterprise or women-owned business 32 enterprise with a minimum personal net worth threshold of fifteen 33 million dollars, and may thereafter establish different maximum levels 34 of personal net worth for minority group members and women on an indus- 35 try-by-industry basis for such industries as the director shall deter- 36 mine. Such regulations relating to the classification of the industry- 37 by-industry personal net worth thresholds above the fifteen million 38 dollar threshold shall consider the personal net worth of the owners of 39 both certified and non-certified businesses, including but not limited 40 to, prime contractors and subcontractors, as well as any such other 41 factors needed to establish such thresholds. Such rules and regulations 42 shall include, but not be limited to, such matters as may be required to 43 ensure that the established procedures thereunder shall at least be in 44 compliance with the code of fair procedure set forth in section seven- 45 ty-three of the civil rights law, and consistent with the provisions of 46 article twenty-three-A of the correction law. Notwithstanding any 47 provision of this subdivision or any other provision of law to the 48 contrary, for purposes of certification of a minority-owned business 49 enterprise, the personal net worth limit of fifteen million dollars or 50 more shall not apply to any small business enterprise that manufactures 51 metal or vinyl windows and doors (NAICS codes 332321 and 326199) that is 52 located in a city with a population of more than one million and where 53 eighty percent or more of its employees that work at such location in 54 such city are minority group members as defined in subdivision eight of 55 section three hundred ten of this article.A. 195 3 1 § 4. Subparagraph (vi) of paragraph (a) of subdivision 2-a of section 2 314 of the executive law, as amended by chapter 96 of the laws of 2019, 3 is amended to read as follows: 4 (vi) be owned by an individual or individuals, whose ownership, 5 control and operation are relied upon for certification, with a personal 6 net worth that does not exceed fifteen million dollars and such other 7 amount as the director shall set forth in regulations, as adjusted annu- 8 ally for inflation according to the consumer price index; provided, 9 however, notwithstanding any other provision of law to the contrary, for 10 purposes of certification of a minority-owned business enterprise, the 11 personal net worth limit of fifteen million dollars or more shall not 12 apply to any small business enterprise that manufactures metal or vinyl 13 windows and doors (NAICS codes 332321 and 326199) that is located in a 14 city with a population of more than one million and where eighty percent 15 or more of its employees that work at such location in such city are 16 minority group members as defined in subdivision eight of section three 17 hundred ten of this article; and 18 § 5. This act shall take effect immediately; provided the amendments 19 to article 15-A of the executive law made by sections one, two, three 20 and four of this act shall not affect the repeal of such article and 21 shall be deemed repealed therewith.