New York S 2216: Directs contracting state agencies to develop a growth plan in order to increase participation of MWBEs with respect to state contracts and subcontracts

Bill Text

STATE OF NEW YORK
________________________________________________________________________
2216
2019-2020 Regular Sessions
IN SENATE
January 23, 2019
___________
Introduced by Sen. BAILEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Finance
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. Subdivision 3 of section 311 of the executive law is
2 amended by adding a new paragraph (d-1) to read as follows:
3 (d-1) to require all contracting state agencies to develop a three
4 year growth plan to determine a means of promoting and increasing
5 participation by minority-owned and women-owned business enterprises
6 with respect to state contracts and subcontracts. Every three years,
7 beginning May fifteenth, two thousand twenty, each contracting state
8 agency shall submit a three year growth plan as part of its annual
9 report to the governor and legislature pursuant to section one hundred
10 sixty-four of this chapter.
11 § 2. Subdivision 5 of section 315 of the executive law, as added by
12 chapter 175 of the laws of 2010, is amended to read as follows:
13 5. Each agency shall include in its annual report to the governor and
14 legislature pursuant to section one hundred sixty-four of [the executive
15 ] its annual goals for contracts with minority-owned andlaw this chapter
16 women-owned business enterprises, the number of actual contracts issued
17 to minority-owned and women-owned business enterprises; and a summary of
18 all waivers of the requirements of subdivisions six and seven of section
19 three hundred thirteen of this article allowed by the reporting agency
20 during the preceding year, including a description of the basis of the
21 waiver request and the rationale for granting such waiver. Each agency
22 shall also include in such annual report whether or not it has been
23 required to prepare a remedial plan, and, if so, the plan and the extent
24 to which the agency has complied with each element of the plan. Every
EXPLANATION--Matter in (underscored) is new; matter in bracketsitalics
[ ] is old law to be omitted.
LBD05475-01-9

S. 2216 2
1 three years, beginning May fifteenth, two thousand twenty, each agency
2 shall include in such annual report its three year growth plan pursuant
3 to section three hundred eleven of this article.
4 § 3. This act shall take effect on the ninetieth day after it shall
5 have become a law; provided, however, the amendments to sections 311 and
6 315 of the executive law made by sections one and two of this act
7 respectively, shall not affect the expiration of such sections and shall
8 be deemed to expire therewith.