S T A T E   O F   N E W   Y O R K
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                                  5238

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 13, 2015
                               ___________

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

AN ACT to amend the executive law, in relation to a statewide  disparity
  study regarding the participation of minority and women-owned business
  enterprises in state contracts

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 312-a of the executive law is amended by  adding  a
new subdivision 3 to read as follows:
  3.  THE  DIRECTOR  SHALL DEVELOP A PROCEDURE TO OBTAIN DIRECT FEEDBACK
FROM APPLICANTS ON ANY PROBLEMS AND BURDENS THEY ENCOUNTERED DURING  THE
APPLICATION PROCESS OR THROUGHOUT THE PROGRAM AND EXAMINE HOW THE ISSUES
CAN BE ADDRESSED TO ELIMINATE FUTURE PROGRAM LIMITATIONS.
  S  2. Subdivision 6 of section 313 of the executive law, as amended by
chapter 175 of the laws of 2010, is amended to read as follows:
  6. (A) Where it appears that a contractor cannot, after a  good  faith
effort,  comply  with  the  minority and women-owned business enterprise
participation requirements set forth in a particular state  contract,  a
contractor  may  file  a written application with the contracting agency
requesting a partial or total waiver of such requirements setting  forth
the  reasons  for  such contractor's inability to meet any or all of the
participation requirements together with an explanation of  the  efforts
undertaken  by the contractor to obtain the required minority and women-
owned business enterprise participation. In implementing the  provisions
of  this  section,  the contracting agency shall consider the number and
types of minority and women-owned business enterprises  located  in  the
region  in which the state contract is to be performed, the total dollar
value of the state contract, the scope of work to be performed  and  the
project size and term. If, based on such considerations, the contracting
agency  determines there is not a reasonable availability of contractors
on the list of certified [business] BUSINESSES to furnish  services  for

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07675-01-5
              

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the project, it shall issue a waiver of compliance to the contractor. In
making  such  determination, the contracting agency shall first consider
the availability of other business enterprises located in the region and
shall  thereafter  consider the financial ability of minority and women-
owned businesses located outside the region in which the contract is  to
be performed to perform the state contract.
  (B)  THE COMMISSIONER IS AUTHORIZED TO GRANT A PARTIAL OR TOTAL WAIVER
OF SUCH GOOD FAITH EFFORTS TO  CONTRACTS  WITHIN  SUCH  A  COUNTY,  UPON
REQUEST  OF THE PRESIDING OFFICER OF SUCH COUNTY AND UPON A FINDING THAT
THERE IS SUCH A SCARCITY OF MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTER-
PRISES  WITHIN  THAT  COUNTY AS TO EFFECTIVELY PRECLUDE PARTICIPATION OF
SUCH ENTERPRISES IN SUCH CONTRACTS, AND WHERE  NO  REASONABLE  MEANS  OF
ACCOMPLISHING  THE  PROVISIONS  OF  THIS SECTION EXIST. THE COMMISSIONER
SHALL PROMULGATE RULES AND  REGULATIONS  NECESSARY  TO  IMPLEMENT  THESE
PROVISIONS.
  S 3. Subdivision 1 and 3 of section 314 of the executive law, as added
by  chapter  261  of the laws of 1988, are amended and a new subdivision
1-a is added, to read as follows:
  1. The director shall promulgate rules and regulations  providing  for
the  establishment  of a statewide certification program including rules
and regulations governing the approval, denial or revocation of any such
certification.  Such rules and regulations shall  include,  but  not  be
limited  to,  such  matters as may be required to ensure that the estab-
lished procedures thereunder shall at least be in  compliance  with  the
code  of  fair procedure set forth in section seventy-three of the civil
rights law.  APPLICATIONS SHALL BE MADE AVAILABLE ONLINE  AND  IN  PRINT
AND  SPECIFICALLY  LIST OUT ALL INFORMATION AND DOCUMENTS REQUIRED BY AN
APPLICANT TO APPLY FOR THE PROGRAM IN CLEAR LANGUAGE.
  1-A. THE DIRECTOR SHALL PROMULGATE RULES AND REGULATIONS TO  ESTABLISH
AN  ONLINE  HELP  SOURCE.  THIS  SOURCE SHALL PROVIDE REAL TIME BUSINESS
SUPPORT FOR NEW AND EXISTING CERTIFIED BUSINESSES.
  3. Following application for certification pursuant to  this  section,
the  director  shall  provide  the  applicant  with VERBAL NOTICE OF THE
STATUS OF THE APPLICATION, INCLUDING NOTICE OF ANY OUTSTANDING DEFICIEN-
CIES, WITHIN TWENTY-FOUR HOURS AND written notice of the status  of  the
application,  including  notice  of any outstanding deficiencies, within
[thirty] SEVEN days. Within [sixty] THIRTY days of submission of a final
completed application, [the director shall provide  the  applicant  with
written  notice  of  a  determination by the office approving or denying
such certification] THE APPLICATION SHALL BE DEEMED APPROVED UNLESS  THE
DIRECTOR  SHALL  DENY SUCH CERTIFICATION and, in the event of a denial a
statement setting forth the reasons for such  denial.  Upon  a  determi-
nation  denying  or  revoking certification, the business enterprise for
which certification has been so denied or revoked  shall,  upon  written
request  made within thirty days from receipt of notice of such determi-
nation, be entitled to a hearing before an independent  hearing  officer
designated for such purpose by the director. In the event that a request
for  a  hearing is not made within such thirty day period, such determi-
nation shall be deemed to be final.   The  independent  hearing  officer
shall conduct a hearing and upon the conclusion of such hearing, issue a
written recommendation to the director to affirm, reverse or modify such
determination  of  the  director.  Such  written recommendation shall be
issued to the parties.  The director, within thirty days, by order, must
accept, reject or modify such recommendation of the hearing officer  and
set  forth  in  writing the reasons therefor. The director shall serve a
copy of such order and reasons therefor upon the business enterprise  by

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personal  service  or  by  certified  mail return receipt requested. The
order of the director shall be subject to  review  pursuant  to  article
seventy-eight of the civil practice law and rules.
  S  4.  This  act shall take effect immediately; provided however, that
the amendments to article 15-A of the executive law  made  by  this  act
shall  not  affect the expiration of such article and shall be deemed to
expire therewith.