STATE OF NEW YORK
        ________________________________________________________________________

                                          9537

                    IN SENATE

                                      May 16, 2024
                                       ___________

        Introduced  by  Sen.  WEBB  --  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 authorizing the empire
          state development corporation to retain one or more  independent  MWBE
          consultant   firms  for  the  purpose  of  helping  reduce  contractor
          violations of the provisions of article 15-A of the executive law  and
          requiring  contractors  in violation of the provisions of article 15-A
          of the executive law to retain independent monitors to oversee compli-
          ance

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:

     1    Section 1. Section 315 of the executive law is amended by adding a new
     2  subdivision 8 to read as follows:
     3    8.  The  empire state development corporation shall retain one or more
     4  independent MWBE consultant firms for  the  purpose  of  helping  reduce
     5  contractor  violations of the provisions of this article. Any contractor
     6  found by the director to be in violation of the provisions of this arti-
     7  cle shall be required by the director to retain an  independent  monitor
     8  who shall examine the circumstances under which a contractor's violation
     9  or   violations  occurred,  assist  the  contractor  in  rectifying  its
    10  violations, implement any remedial action plan as described in  subdivi-
    11  sions  six  and  seven  of  this  section,  and,  until such time as the
    12  contractor is no longer in violation of the provisions of this  article,
    13  operate as an independent monitor to oversee the contractor's compliance
    14  with  its obligations under this article. The contractor's monitor shall
    15  provide regular  reports  concerning  the  contractor's  compliance  and
    16  progress to the MWBE contractor assigned to review the contractor.
    17    §  2.  This  act shall take effect on the ninetieth day after it shall
    18  have become a law; provided, however, that the amendments to section 315
    19  of the executive law made by section one of this act  shall  not  affect
    20  the repeal of such section and shall be deemed repealed therewith.


         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD05448-01-3