S T A T E O F N E W Y O R K ________________________________________________________________________ S. 6898 A. 9987 S E N A T E - A S S E M B L Y February 23, 2010 ___________ IN SENATE -- Introduced by Sen. THOMPSON -- read twice and ordered printed, and when printed to be committed to the Committee on Finance IN ASSEMBLY -- Introduced by M. of A. BRODSKY -- read once and referred to the Committee on Governmental Operations AN ACT to amend the state finance law, in relation to diversity prac- tices; and to amend the public authorities law, in relation to exempt- ing public authorities and public benefit corporations from the procurement process under certain circumstances THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Paragraph j of subdivision 1 of section 163 of the state 2 finance law, as added by chapter 83 of the laws of 1995, is amended to 3 read as follows: 4 j. "Best value" means the basis for awarding contracts for services to 5 the offerer which optimizes quality, cost and efficiency, among respon- 6 sive and responsible offerers AND WHICH ALSO TAKES INTO ACCOUNT THE 7 DIVERSITY PRACTICES OF EACH OFFERER. Such basis shall reflect, wherever 8 possible, objective and quantifiable analysis. 9 S 2. Subdivision 1 of section 163 of the state finance law is amended 10 by adding a new paragraph k to read as follows: 11 K. "DIVERSITY PRACTICES" MEANS THE OFFERER'S PRACTICES WITH RESPECT 12 TO: (I) APPOINTING, HIRING AND RETAINING MINORITY GROUP MEMBERS (AS 13 DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW) AND WOMEN IN SENIOR 14 MANAGEMENT POSITIONS OF THE OFFERER, INCLUDING AT THE LEVEL OF BOARD OF 15 DIRECTORS OR ITS COMPARABLE MANAGEMENT LEVEL BODY, AND AS SENIOR EXECU- 16 TIVE OFFICERS WITHIN THE OFFERER'S ORGANIZATION; (II) HIRING, TRAINING, 17 DEVELOPING, PROMOTING AND RETAINING MINORITY GROUP MEMBERS AND WOMEN 18 EMPLOYEES; (III) UTILIZING CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS 19 ENTERPRISES, AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR ANY 20 OTHER STATUTES OR REGULATIONS GOVERNING THE PARTICIPATION OF MINORITY 21 AND WOMEN-OWNED BUSINESS ENTERPRISES IN CONTRACTS AWARDED BY A STATE 22 AGENCY OR OTHER PUBLIC CORPORATION, AS SUBCONTRACTORS AND SUPPLIERS; 23 (IV) ENTERING INTO PARTNERSHIPS, JOINT VENTURES OR OTHER SIMILAR EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD15826-02-0 S. 6898 2 A. 9987 1 ARRANGEMENTS WITH CERTIFIED MINORITY AND WOMEN-OWNED BUSINESS ENTER- 2 PRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW OR OTHER 3 APPLICABLE STATUTE OR REGULATION GOVERNING AN ENTITY'S UTILIZATION OF 4 MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES; AND (V) UTILIZING SUBCON- 5 TRACTORS OR OTHER PARTNERS, WHO ARE NOT MINORITY OR WOMEN-OWNED BUSINESS 6 ENTERPRISES AS DEFINED IN ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, THAT 7 DEMONSTRATE A SIGNIFICANT COMMITMENT TO AND PROGRESS IN ATTRACTING, 8 RETAINING AND PROMOTING DIVERSE TEAMS, INCLUDING MINORITY GROUP MEMBERS 9 AND WOMEN WITH RELEVANT DOMAIN EXPERIENCE IN SENIOR MANAGEMENT OR STAFF- 10 ING POSITIONS. 11 S 3. Subparagraph (i) of paragraph (b) of subdivision 3 of section 12 2879 of the public authorities law, as amended by chapter 45 of the laws 13 of 1994, is amended to read as follows: 14 (i) for the selection of such contractors on a competitive basis, and 15 provisions relating to the circumstances under which the board may by 16 resolution waive competition; PROVIDED HOWEVER, THE CORPORATION MAY 17 PURCHASE GOODS OR SERVICES FROM SMALL BUSINESS CONCERNS OR THOSE CERTI- 18 FIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES, OR GOODS OR TECH- 19 NOLOGY THAT ARE RECYCLED OR REMANUFACTURED, IN AN AMOUNT NOT EXCEEDING 20 ONE HUNDRED THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS; 21 S 4. This act shall take effect immediately; provided, however, that 22 the amendments to section 163 of the state finance law made by sections 23 one and two of this act shall not affect the repeal of such section and 24 shall be deemed repealed therewith.