Directs contracting state agencies to develop a growth plan in order to increase participation of MWBEs with respect to state contracts and subcontracts, the official text

S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1218
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. BAILEY, 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 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:
 
   Section 1. Paragraph (d-1) of subdivision 3  of  section  311  of  the
 executive law, as added by chapter 96 of the laws of 2019, is amended to
 read as follows:
   (d-1)  to  require  all contracting state agencies to develop a [four-
 year] THREE-YEAR growth plan to  determine  a  means  of  promoting  and
 increasing  participation  by  minority-owned  and  women-owned business
 enterprises with respect to  state  contracts  and  subcontracts.  Every
 [four]  THREE years, beginning September fifteenth, two thousand twenty,
 each contracting state agency  shall  submit  a  [four-year]  THREE-YEAR
 growth plan as part of its annual report to the governor and legislature
 pursuant  to section one hundred sixty-four of this chapter. SUCH GROWTH
 PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF THE CONTRACT-
 ING AGENCY'S USE OF DISCRETIONARY BUYING IN ACCORDANCE WITH  SUBDIVISION
 SIX OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND WHAT
 PERCENTAGE OF TOTAL COMMODITIES AND SERVICE PURCHASES WITHIN THE DISCRE-
 TIONARY  BUYING DOLLAR THRESHOLD ARE AWARDED TO CERTIFIED MINORITY-OWNED
 AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO THAT AUTHORIZATION  AND
 WHETHER  THIS  AUTHORIZATION  CAN  BE  USED TO INCREASE PARTICIPATION BY
 MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTERPRISES, AN ANALYSIS OF  HOW
 THE  CONTRACTING  AGENCY  CAN  USE  THE  EMPIRE STATE DEVELOPMENT CORPO-
 RATION'S AND THE DIVISION'S RESOURCES TO FACILITATE  ADDITIONAL  MINORI-
 TY-OWNED  AND  WOMEN-OWNED  BUSINESS  ENTERPRISE  PARTICIPATION  AND ANY
 RECOMMENDATIONS FOR PROGRAMMATIC MODIFICATIONS  THAT  WOULD  MAKE  THOSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01228-01-5
 S. 1218                             2
 
 RESOURCES EASIER TO USE, AN ANALYSIS OF WHAT STEPS THE CONTRACTING AGEN-
 CY  PLANS  TO  TAKE  TO  IMPROVE MINORITY-OWNED AND WOMEN-OWNED BUSINESS
 ENTERPRISE CAPACITY TO PARTICIPATE IN ADDITIONAL  CONTRACTS  AND  BECOME
 VIABLE BIDDERS FOR LARGER CONTRACTS, AN EXPLANATION OF HOW THE CONTRACT-
 ING  AGENCY IS DEBRIEFING MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTER-
 PRISES THAT LOSE BIDS AND HOW THAT PROCESS CAN IMPROVE, AND AN  ANALYSIS
 OF  THE TYPES OF CONTRACTS WHERE WAIVERS ARE BEING GRANTED AND STEPS THE
 STATE CAN TAKE TO REDUCE THE NEED FOR WAIVERS OVER  THE  COURSE  OF  THE
 GROWTH PLAN.
   §  2. Subdivision 5 of section 315 of the executive law, as amended by
 chapter 96 of the laws of 2019, is amended to read as follows:
   5. Each agency shall include in its annual report to the governor  and
 legislature  pursuant to section one hundred sixty-four of this chapter:
 (a) its annual goals for contracts with minority-owned  and  women-owned
 business  enterprises;  (b)  the  number  of  actual contracts issued to
 minority-owned and women-owned business enterprises; (c)  a  summary  of
 all waivers of the requirements of subdivisions six and seven of section
 three  hundred  thirteen of this article allowed by the reporting agency
 during the preceding year, including a description of the basis  of  the
 waiver  request  and the rationale for granting such waiver; (d) whether
 or not it has been required to prepare a remedial plan, and, if so,  the
 plan  and  the extent to which the agency has complied with each element
 of the plan; (e) which expenditures are exempt from participation  goals
 and  the rationale for such exemption; and (f) every [four] THREE years,
 beginning September fifteenth, two thousand twenty,  each  agency  shall
 include  in  such  annual  report its [four-year] THREE-YEAR growth plan
 pursuant to section three hundred eleven of this article.
   § 3. This act shall take effect on the ninetieth day  after  it  shall
 have become a law; provided, however, the amendments to sections 311 and
 315  of  the  executive  law  made  by  sections one and two of this act
 respectively, shall not affect the repeal of such sections and shall  be
 deemed repealed therewith.