S T A T E   O F   N E W   Y O R K
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                                  6807

                       2009-2010 Regular Sessions

                          I N  A S S E M B L Y

                             March 12, 2009
                               ___________

Introduced by M. of A. FARRELL, PEOPLES -- read once and referred to the
  Committee on Governmental Operations

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:

  Section  1.  Section 104-a of the general municipal law, as amended by
chapter 468 of the laws of 1994, is amended to read as follows:
  S 104-a. Purchasing [of products] for public use.  1.  Notwithstanding
the  provisions  of section one hundred three of this [chapter] ARTICLE,
when purchasing products the officer, board or agency of  any  political
subdivision  or  of  any  district  therein charged with the awarding of
public contracts may, wherever recycled products meet contract  specifi-
cations  and  the  price  of  such  products  is reasonably competitive,
purchase such products. For the purpose of  this  [section]  SUBDIVISION
and  until  July  first, nineteen hundred ninety-six, "recycled product"
shall mean any product which has been manufactured from secondary  mate-
rials, as defined in subdivision one of section two hundred sixty-one of
the  economic  development  law,  and  meets  secondary material content
requirements adopted by the office of general services  [under  subdivi-
sion  one of section one hundred seventy-seven of the state finance law]
for products available to the political subdivision  or  district  under
state  contract  or,  if no such contract for such product is available,
any product which meets  the  secondary  material  content  requirements
adopted by the political subdivision or district thereof with respect to
a  specific  commodity  procurement  by  such  entity. On and after July
first, nineteen hundred ninety-six, "recycled product" shall  mean,  for
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.
                                                           LBD04479-01-9
              

A. 6807                             2

factured from secondary materials, as  defined  in  subdivision  one  of
section two hundred sixty-one of the economic development law, and which
meets  the  requirements  of  subdivision  two of section 27-0717 of the
environmental  conservation  law  and  regulations  promulgated pursuant
thereto. For the purpose  of  this  [section]  SUBDIVISION,  "reasonably
competitive"  shall  mean that the cost of the recycled product does not
exceed a cost premium of ten percent above  the  cost  of  a  comparable
product  that is not a recycled product or, if at least fifty percent of
the secondary materials utilized in the manufacture of that product  are
generated from the waste stream in New York state, the cost of the recy-
cled product does not exceed a cost premium of fifteen percent above the
cost of a comparable product that is not a recycled product.
  Whenever  such  officer,  board  or agency shall purchase or cause the
purchase of printing on recycled paper pursuant to this section,  he  or
she  shall  require  the  printed material to contain the official state
recycling emblem established pursuant  to  subdivision  two  of  section
27-0717 of the environmental conservation law and regulations promulgat-
ed pursuant thereto if such paper has been approved by the department of
environmental  conservation as satisfying the requirements of such stat-
ute and regulations, or, if such paper has not been so approved, require
the printed material to include a printed statement which indicates  the
percentages  of pre-consumer and post-consumer recycled material content
of such paper.
  2. NOTWITHSTANDING THE PROVISIONS OF SECTION ONE HUNDRED THREE OF THIS
ARTICLE, WHEN PURCHASING GOODS, SERVICES OR CONSTRUCTION FOR PUBLIC USE,
THE OFFICER, BOARD OR AGENCY OF ANY  POLITICAL  SUBDIVISION  OR  OF  ANY
DISTRICT  THEREIN  CHARGED  WITH  THE  AWARDING OF PUBLIC CONTRACTS THAT
EMPLOY A MINORITY OR WOMEN OWNED BUSINESS ENTERPRISE (MWBE) PROGRAM, MAY
AWARD ANY CONTRACT VALUED AT NO MORE  THAN  ONE  MILLION  DOLLARS  TO  A
PARTICIPANT  OF  SUCH PROGRAM EVEN IF SUCH PARTICIPANT IS NOT THE LOWEST
BIDDER FOR SUCH CONTRACT, PROVIDED, HOWEVER THAT SUCH AWARD MAY ONLY  BE
MADE  TO  THE  LOWEST  MWBE BID THAT IS REASONABLY COMPETITIVE.  FOR THE
PURPOSE OF THIS SUBDIVISION, AN "MWBE PROGRAM" SHALL  BE  DEFINED  AS  A
PROGRAM  DESIGNED TO INCREASE PARTICIPATION OF MWBES IN PUBLIC CONTRACT-
ING THAT IS BASED ON A STUDY IN WHICH IT WAS FOUND THAT THERE IS OR  HAS
BEEN  A  DISPARITY BETWEEN THE AVAILABILITY AND THE UTILIZATION OF MWBES
IN THE AWARD OF CONTRACTS BY  SUCH  POLITICAL  SUBDIVISION  OR  DISTRICT
THEREIN.  FOR  THE PURPOSE OF THIS SUBDIVISION, "REASONABLY COMPETITIVE"
SHALL MEAN THAT THE MWBE BID DOES NOT EXCEED THE LOWEST BID BY MORE THAN
TEN PERCENT.
  S 2. This act shall take effect on the thirtieth day  after  it  shall
have become a law.