Bill Text: NY A05488 | 2021-2022 | General Assembly | Introduced
Bill Title: Requires utilization of minority and women-owned business enterprises as subcontractors as a condition when awarding sole source procurement contracts; relates to the issuance of waivers of the obligation to comply with the minority and women-owned business enterprise participation requirements of a contract if such contract is a single source or sole source procurement contract; requires municipalities to require contract award recipients to utilize the services of minority and women-owned business enterprises; makes conforming changes.
Spectrum: Partisan Bill (Democrat 8-0)
Status: (Introduced - Dead) 2022-01-05 - referred to governmental operations [A05488 Detail]
Download: New_York-2021-A05488-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 5488 2021-2022 Regular Sessions IN ASSEMBLY February 19, 2021 ___________ Introduced by M. of A. BICHOTTE HERMELYN, HYNDMAN, WALKER, SEAWRIGHT, SOLAGES, GOTTFRIED, JEAN-PIERRE, COOK -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to requiring utiliza- tion of minority and women-owned business enterprises as subcontrac- tors as a condition when awarding sole source procurement contracts; to amend the executive law, in relation to the issuance of waivers of the obligation to comply with the minority and women-owned business enterprise participation requirements of a contract if such contract is a single source or sole source procurement contract; to amend the general municipal law, in relation to requiring municipalities to require contract award recipients to utilize the services of minority and women-owned business enterprises; to amend the executive law, in relation to making conforming changes; and providing for the repeal of certain provisions upon expiration thereof The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph b of subdivision 10 of section 163 of the state 2 finance law is amended by adding a new subparagraph (iii) to read as 3 follows: 4 (iii) All single source or sole source procurement contracts made 5 pursuant to the provisions of this paragraph shall require that the 6 award recipient comply with the provisions of article fifteen-A of the 7 executive law relating to minority and women-owned business enterprise 8 participation when contracting with subcontractors. 9 § 2. Subdivision 6 of section 313 of the executive law is amended by 10 adding a new paragraph c to read as follows: 11 (c) A contracting agency shall not issue a total waiver of the obli- 12 gation to comply with the minority and women-owned business enterprise 13 participation requirements of a contract if such contract is a single 14 source or sole source procurement contract as described in section one EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD06465-01-1A. 5488 2 1 hundred sixty-three of the state finance law; provided, however, that if 2 the contracting agency determines there is not a reasonable availability 3 of contractors on the list of certified business to furnish services for 4 the project, the contracting agency may issue a partial waiver of 5 compliance to the contractor. 6 § 3. Section 103 of the general municipal law is amended by adding a 7 new subdivision 17 to read as follows: 8 17. All contracts awarded pursuant to the provisions of this section, 9 including single source or sole source procurement contracts, shall 10 require the contract recipient to comply with the provisions of section 11 three hundred thirteen of the executive law, to the extent that such 12 provisions apply; provided, however, that a contract recipient granted a 13 waiver of compliance as provided in section three hundred thirteen of 14 the executive law shall be deemed to be in compliance with such 15 provisions. 16 § 4. Subdivisions 2, 3 and 13 of section 310 of the executive law, 17 subdivisions 2 and 3 as added by chapter 261 of the laws of 1988 and 18 subdivision 13 as amended by chapter 96 of the laws of 2019, are amended 19 to read as follows: 20 2. "Contracting agency" shall mean; (a) a state agency which is a 21 party or a proposed party to a state contract or, in the case of a state 22 contract described in paragraph (c) of subdivision thirteen of this 23 section, shall mean the New York state housing finance agency, housing 24 trust fund corporation or affordable housing corporation, whichever has 25 made or proposes to make the grant or loan for the state assisted hous- 26 ing project; and (b) a municipality which is a party or a proposed party 27 to a municipal contract. 28 3. "Contractor" shall mean an individual, a business enterprise, 29 including a sole proprietorship, a partnership, a corporation, a not- 30 for-profit corporation, or any other party to a state or municipal 31 contract, or a bidder in conjunction with the award of a state or munic- 32 ipal contract or a proposed party to a state or municipal contract. 33 13. "State contract" shall mean: (a) a written agreement or purchase 34 order instrument, providing for a total expenditure in excess of twen- 35 ty-five thousand dollars, whereby a contracting agency is committed to 36 expend or does expend funds in return for labor, services including but 37 not limited to legal, financial and other professional services, 38 supplies, equipment, materials or any combination of the foregoing, to 39 be performed for, on behalf of, or rendered or furnished to the 40 contracting agency; (b) a written agreement in excess of one hundred 41 thousand dollars whereby a contracting agency is committed to expend or 42 does expend funds for the acquisition, construction, demolition, 43 replacement, major repair or renovation of real property and improve- 44 ments thereon; and (c) a written agreement in excess of one hundred 45 thousand dollars whereby the owner of a state assisted housing project 46 is committed to expend or does expend funds for the acquisition, 47 construction, demolition, replacement, major repair or renovation of 48 real property and improvements thereon for such project. For the 49 purposes of this article, "state contract" shall include municipal 50 contracts as described in subdivision twenty-four of this section. 51 § 5. Section 310 of the executive law is amended by adding a new 52 subdivision 24 to read as follows: 53 24. "Municipal contract" shall mean: (a) a written agreement or 54 purchase order instrument, providing for a total expenditure in excess 55 of twenty-five thousand dollars, whereby a municipal contracting agency 56 is committed to expend or does expend funds in return for labor,A. 5488 3 1 services including but not limited to legal, financial and other profes- 2 sional services, supplies, equipment, materials or any combination of 3 the foregoing, to be performed for, or rendered or furnished to the 4 municipal contracting agency; (b) a written agreement in excess of one 5 hundred thousand dollars whereby a municipal contracting agency is 6 committed to expend or does expend funds for the acquisition, 7 construction, demolition, replacement, major repair or renovation of 8 real property and improvements thereon; and (c) a written agreement in 9 excess of one hundred thousand dollars whereby the owner of a municipal 10 assisted housing project is committed to expend or does expend funds for 11 the acquisition, construction, demolition, replacement, major repair or 12 renovation of real property and improvements thereon for such project. 13 § 6. This act shall take effect immediately; provided, however, that 14 section three of this act shall expire on the same date and in the same 15 manner as article 15-A of the executive law pursuant to subdivision (h) 16 of section 121 of chapter 261 of the laws of 1988, as amended; provided, 17 however, that the amendments to sections 310 and 313 of the executive 18 law made by sections two, four and five of this act shall not affect the 19 expiration of such sections and shall be deemed expired therewith; 20 provided, further that the amendments to paragraph b of subdivision 10 21 of section 163 of the state finance law made by section one of this act 22 shall not affect the repeal of such section and shall be deemed repealed 23 therewith or shall be deemed repealed upon the expiration of article 24 15-A of the executive law, whichever shall occur first.