Bill Text: NY S03391 | 2021-2022 | General Assembly | Introduced


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.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed - Dead) 2022-06-01 - referred to governmental operations [S03391 Detail]

Download: New_York-2021-S03391-Introduced.html



                STATE OF NEW YORK
        ________________________________________________________________________

                                          3391

                               2021-2022 Regular Sessions

                    IN SENATE

                                    January 29, 2021
                                       ___________

        Introduced  by  Sen.  BAILEY -- read twice and ordered printed, and when
          printed to be committed to the Committee on Procurement and Contracts

        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.
    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

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD07098-01-1

        S. 3391                             2

     1  of  the plan; (e) which expenditures are exempt from participation goals
     2  and the rationale for such exemption; and (f) every [four] three  years,
     3  beginning  September  fifteenth,  two thousand twenty, each agency shall
     4  include  in  such  annual  report its [four-year] three-year growth plan
     5  pursuant to section three hundred eleven of this article.
     6    § 3. This act shall take effect on the ninetieth day  after  it  shall
     7  have become a law; provided, however, the amendments to sections 311 and
     8  315  of  the  executive  law  made  by  sections one and two of this act
     9  respectively, shall not affect the repeal of such sections and shall  be
    10  deemed repealed therewith.
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