Bill Text: NY A07810 | 2023-2024 | General Assembly | Amended

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Bill Title: Directs contracting state agencies to develop a growth plan in order to increase participation of minority- and women-owned businesses with respect to state contracts and subcontracts which includes an analyses of the use of discretionary buying.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2024-05-17 - print number 7810a [A07810 Detail]

Download: New_York-2023-A07810-Amended.html

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                STATE OF NEW YORK
        ________________________________________________________________________

                                         7810--A

                               2023-2024 Regular Sessions

                   IN ASSEMBLY

                                      June 15, 2023
                                       ___________

        Introduced  by  M. of A. CRUZ -- read once and referred to the Committee
          on Governmental Operations -- recommitted to the Committee on  Govern-
          mental  Operations  in  accordance  with  Assembly  Rule  3, sec. 2 --
          committee discharged, bill amended, ordered reprinted as  amended  and
          recommitted to said committee

        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
    20  the  contracting  agency  can  use  the  empire state development corpo-
    21  ration's and the division's resources to facilitate  additional  minori-

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04493-03-4
        A. 7810--A                          2

     1  ty-owned  and  women-owned  business  enterprise  participation  and any
     2  recommendations for programmatic modifications  that  would  make  those
     3  resources easier to use, an analysis of what steps the contracting agen-
     4  cy  plans  to  take  to  improve minority-owned and women-owned business
     5  enterprise capacity to participate in additional  contracts  and  become
     6  viable bidders for larger contracts, an explanation of how the contract-
     7  ing  agency is debriefing minority-owned and women-owned business enter-
     8  prises that lose bids and how that process can improve, and an  analysis
     9  of  the types of contracts where waivers are being granted and steps the
    10  state can take to reduce the need for waivers over  the  course  of  the
    11  growth plan.
    12    §  2. Subdivision 5 of section 315 of the executive law, as amended by
    13  chapter 96 of the laws of 2019, is amended to read as follows:
    14    5. Each agency shall include in its annual report to the governor  and
    15  legislature  pursuant to section one hundred sixty-four of this chapter:
    16  (a) its annual goals for contracts with minority-owned  and  women-owned
    17  business  enterprises;  (b)  the  number  of  actual contracts issued to
    18  minority-owned and women-owned business enterprises; (c)  a  summary  of
    19  all waivers of the requirements of subdivisions six and seven of section
    20  three  hundred  thirteen of this article allowed by the reporting agency
    21  during the preceding year, including a description of the basis  of  the
    22  waiver  request  and the rationale for granting such waiver; (d) whether
    23  or not it has been required to prepare a remedial plan, and, if so,  the
    24  plan  and  the extent to which the agency has complied with each element
    25  of the plan; (e) which expenditures are exempt from participation  goals
    26  and  the rationale for such exemption; and (f) every [four] three years,
    27  beginning September fifteenth, two thousand twenty,  each  agency  shall
    28  include  in  such  annual  report its [four-year] three-year growth plan
    29  pursuant to section three hundred eleven of this article.
    30    § 3. This act shall take effect on the ninetieth day  after  it  shall
    31  have become a law; provided, however, the amendments to sections 311 and
    32  315  of  the  executive  law  made  by  sections one and two of this act
    33  respectively, shall not affect the repeal of such sections and shall  be
    34  deemed repealed therewith.