S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4322
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 2, 2017
                                ___________
 
 Introduced  by  M.  of  A.  BLAKE, COLTON, MOSLEY, BARRON, COOK, JOYNER,
   SEAWRIGHT, RODRIGUEZ, BICHOTTE --  Multi-Sponsored  by  --  M.  of  A.
   PEOPLES-STOKES,  THIELE  -- read once and referred to the Committee on
   Governmental Operations
 
 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.  Subdivision  3  of  section  311  of the executive law is
 amended by adding a new paragraph (d-1) to read as follows:
   (D-1) TO REQUIRE ALL CONTRACTING STATE AGENCIES  TO  DEVELOP  A  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 THREE YEARS,
 BEGINNING MAY FIFTEENTH, TWO THOUSAND EIGHTEEN, EACH  CONTRACTING  STATE
 AGENCY  SHALL  SUBMIT  A  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.
   §  2.  Subdivision  5 of section 315 of the executive law, as added by
 chapter 175 of the laws of 2010, 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 [the executive
 law] THIS CHAPTER its annual goals for contracts with minority-owned and
 women-owned  business enterprises, the number of actual contracts issued
 to minority-owned and women-owned business enterprises; and 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.  Each  agency
 shall  also  include  in  such  annual report whether or not it has been
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00168-01-7

 A. 4322                             2
 
 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.  EVERY
 THREE YEARS, BEGINNING MAY FIFTEENTH, TWO THOUSAND EIGHTEEN, EACH AGENCY
 SHALL  INCLUDE IN SUCH ANNUAL REPORT ITS 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 expiration of such sections and shall
 be deemed to expire therewith.