New York A 7117: Authorizes political subdivisions to award public contracts to participants of a MWBE program at a cost premium not to exceed ten percent of the lowest bid

Bill Text

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A07117 Summary:

BILL NOA07117 

&nbsp

SAME ASSAME AS S06317

&nbsp

SPONSORBichotte Hermelyn

&nbsp

COSPNSREpstein

&nbsp

MLTSPNSR

&nbsp

Amd §104-a, Gen Muni L

&nbsp

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.

Go to top A07117 Actions:

BILL NOA07117 

&nbsp

03/20/2025referred to local governments

01/07/2026referred to local governments

Go to topA07117 Committee&nbspVotes:

Go to topA07117 Floor&nbspVotes:

There are no Assembly votes for this bill in this legislative session.

Go to topA07117 Text:

 STATE OF NEW YORK
 ________________________________________________________________________

 7117

 2025-2026 Regular Sessions

 IN ASSEMBLY

 March 20, 2025
 ___________

 Introduced by M. of A. BICHOTTE HERMELYN, EPSTEIN -- read once and
 referred to the Committee on Local Governments

 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-
 15 sion 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-

 EXPLANATION--Matter in italics (underscored) is new; matter in brackets
 [ ] is old law to be omitted.
 LBD10445-01-5

 A. 7117 2

 1 factured from secondary materials, as defined in subdivision one of
 2 section two hundred sixty-one of the economic development law, and which
 3 meets the requirements of subdivision two of section 27-0717 of the
 4 environmental conservation law and regulations promulgated pursuant
 5 thereto. For the purpose of this [section] subdivision, "reasonably
 6 competitive" shall mean that the cost of the recycled product does not
 7 exceed a cost premium of ten percent above the cost of a comparable
 8 product that is not a recycled product or, if at least fifty percent of
 9 the secondary materials utilized in the manufacture of that product are
 10 generated from the waste stream in New York state, the cost of the recy-
 11 cled product does not exceed a cost premium of fifteen percent above the
 12 cost of a comparable product that is not a recycled product.
 13 Whenever such officer, board or agency shall purchase or cause the
 14 purchase of printing on recycled paper pursuant to this section, [he or
 15 she] they shall require the printed material to contain the official
 16 state recycling emblem established pursuant to subdivision two of
 17 section 27-0717 of the environmental conservation law and