STATE OF NEW YORK
        ________________________________________________________________________
                                          2427
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 22, 2019
                                       ___________
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
        AN  ACT  to amend the executive law, in relation to establishing employ-
          ment goals for minority-owned and women-owned businesses in accordance
          with the provisions of the most recent disparity study
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  21  of  section 310 of the executive law, as
     2  added by chapter 175 of the laws of 2010, is amended to read as follows:
     3    21. "The [2010] disparity  study"  shall  refer  to  the  most  recent
     4  disparity  study  commissioned  by  the  empire state development corpo-
     5  ration, pursuant to section three hundred twelve-a of this article,  and
     6  published  on  [April twenty-nine, two thousand ten] June thirtieth, two
     7  thousand seventeen.
     8    § 2. Subdivisions 1, 1-a and 1-b of section 313 of the executive  law,
     9  subdivision 1 as amended and subdivision 1-a and 1-b as added by chapter
    10  175 of the laws of 2010, are amended to read as follows:
    11    1.  Goals  and requirements for agencies and contractors.  Each agency
    12  shall structure procurement procedures for contracts  made  directly  or
    13  indirectly  to minority and women-owned business enterprises, in accord-
    14  ance with the findings of the [two thousand ten] most  recent  disparity
    15  study,  consistent  with  the  purposes  of  this article, to attempt to
    16  achieve the [following] results recommended in the disparity study  with
    17  regard  to  total annual statewide procurement for the following catego-
    18  ries of contracts:
    19    (a) construction industry for certified minority-owned business enter-
    20  prises[: fourteen and thirty-four hundredths percent];
    21    (b) construction industry for certified  women-owned  business  enter-
    22  prises[: eight and forty-one hundredths percent];
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD00216-01-9

        A. 2427                             2
     1    (c)  construction related professional services industry for certified
     2  minority-owned business enterprises[: thirteen and twenty-one hundredths
     3  percent];
     4    (d)  construction related professional services industry for certified
     5  women-owned business  enterprises[:  eleven  and  thirty-two  hundredths
     6  percent];
     7    (e)  non-construction  related services industry for certified minori-
     8  ty-owned business enterprises[: nineteen and sixty hundredths percent];
     9    (f) non-construction related services industry  for  certified  women-
    10  owned   business   enterprises[:  seventeen  and  forty-four  hundredths
    11  percent];
    12    (g) commodities industry for certified minority-owned business  enter-
    13  prises[: sixteen and eleven hundredths percent];
    14    (h)  commodities  industry  for  certified women-owned business enter-
    15  prises[:  ten and ninety-three hundredths percent];
    16    (i) overall agency total dollar value  of  procurement  for  certified
    17  minority-owned business enterprises[: sixteen and fifty-three hundredths
    18  percent];
    19    (j)  overall  agency  total  dollar value of procurement for certified
    20  women-owned business enterprises[:  twelve  and  thirty-nine  hundredths
    21  percent]; and
    22    (k)  overall  agency  total  dollar value of procurement for certified
    23  minority, women-owned business enterprises[: twenty-eight and ninety-two
    24  hundredths percent].
    25    1-a. The director  shall  ensure  that  each  state  agency  has  been
    26  provided  with  a  copy  of the [two thousand ten] most recent disparity
    27  study.
    28    1-b. Each agency shall develop and adopt agency-specific  goals  based
    29  on the findings of the [two thousand ten] most recent disparity study.
    30    §  3.  This act shall take effect immediately; provided, however, that
    31  the amendments to article 15-A of the executive law,  made  by  sections
    32  one and two of this act, shall not affect the expiration of such article
    33  and shall be deemed expired therewith.