Bill Text: NY A10263 | 2019-2020 | General Assembly | Introduced
Bill Title: Authorizes political subdivisions to award public contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed ten percent of the lowest bid.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-04-08 - referred to governmental operations [A10263 Detail]
Download: New_York-2019-A10263-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 10263 IN ASSEMBLY April 8, 2020 ___________ Introduced by M. of A. BICHOTTE -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the general municipal law, in relation to authorizing political subdivisions to award public contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed ten percent of the lowest bid as an available remedy to a demonstrated disparity The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 104-a of the general municipal law, as amended by 2 chapter 468 of the laws of 1994, is amended to read as follows: 3 § 104-a. Purchasing [of products] for public use. 1. Notwithstanding 4 the provisions of section one hundred three of this [chapter] article, 5 when purchasing products the officer, board or agency of any political 6 subdivision or of any district therein charged with the awarding of 7 public contracts may, wherever recycled products meet contract specifi- 8 cations and the price of such products is reasonably competitive, 9 purchase such products. For the purpose of this [section] subdivision 10 and until July first, nineteen hundred ninety-six, "recycled product" 11 shall mean any product which has been manufactured from secondary mate- 12 rials, as defined in subdivision one of section two hundred sixty-one of 13 the economic development law, and meets secondary material content 14 requirements adopted by the office of general services [under subdivi-15sion one of section one hundred seventy-seven of the state finance law] 16 for products available to the political subdivision or district under 17 state contract or, if no such contract for such product is available, 18 any product which meets the secondary material content requirements 19 adopted by the political subdivision or district thereof with respect to 20 a specific commodity procurement by such entity. On and after July 21 first, nineteen hundred ninety-six, "recycled product" shall mean, for 22 the purposes of this [section] subdivision, any product which is manu- 23 factured from secondary materials, as defined in subdivision one of 24 section two hundred sixty-one of the economic development law, and which 25 meets the requirements of subdivision two of section 27-0717 of the EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05832-01-9A. 10263 2 1 environmental conservation law and regulations promulgated pursuant 2 thereto. For the purpose of this [section] subdivision, "reasonably 3 competitive" shall mean that the cost of the recycled product does not 4 exceed a cost premium of ten percent above the cost of a comparable 5 product that is not a recycled product or, if at least fifty percent of 6 the secondary materials utilized in the manufacture of that product are 7 generated from the waste stream in New York state, the cost of the recy- 8 cled product does not exceed a cost premium of fifteen percent above the 9 cost of a comparable product that is not a recycled product. 10 Whenever such officer, board or agency shall purchase or cause the 11 purchase of printing on recycled paper pursuant to this section, he or 12 she shall require the printed material to contain the official state 13 recycling emblem established pursuant to subdivision two of section 14 27-0717 of the environmental conservation law and regulations promulgat- 15 ed pursuant thereto if such paper has been approved by the department of 16 environmental conservation as satisfying the requirements of such stat- 17 ute and regulations, or, if such paper has not been so approved, require 18 the printed material to include a printed statement which indicates the 19 percentages of pre-consumer and post-consumer recycled material content 20 of such paper. 21 2. Notwithstanding the provisions of section one hundred three of this 22 article, when purchasing goods, services or construction for public use, 23 the officer, board or agency of any political subdivision or of any 24 district therein charged with the awarding of public contracts that 25 employ a minority or women owned business enterprise (MWBE) program, may 26 award any contract valued at no more than one million dollars to a 27 participant of such program even if such participant is not the lowest 28 bidder for such contract, provided, however that such award may only be 29 made to the lowest MWBE bid that is reasonably competitive. For the 30 purpose of this subdivision, an "MWBE program" shall be defined as a 31 program designed to increase participation of MWBEs in public contract- 32 ing that is based on a study in which it was found that there is or has 33 been a disparity between the availability and the utilization of MWBEs 34 in the award of contracts by such political subdivision or district 35 therein. For the purpose of this subdivision, "reasonably competitive" 36 shall mean that the MWBE bid does not exceed the lowest bid by more than 37 ten percent. 38 § 2. This act shall take effect on the thirtieth day after it shall 39 have become a law.
