S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1541
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced  by  M.  of  A. BICHOTTE, MOSLEY, HYNDMAN, WALKER, SEAWRIGHT,
   SOLAGES, GOTTFRIED, JEAN-PIERRE, COOK -- Multi-Sponsored by --  M.  of
   A.    ENGLEBRIGHT, SIMON -- read once and referred to the Committee on
   Governmental Operations
 
 AN ACT to amend the executive law, in relation  to  the  publication  of
   information  regarding  waivers  of  compliance  with  state  contract
   provisions concerning minority  and  women-owned  business  enterprise
   participation requirements
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. 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 to furnish services for  the  project,
 it  shall issue a waiver of compliance to the contractor. In making such
 determination, the contracting agency shall first  consider  the  avail-
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD00217-01-9

 A. 1541                             2
 
 ability  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) WITHIN THIRTY DAYS OF THE ISSUANCE OF A PARTIAL OR TOTAL WAIVER OF
 COMPLIANCE  AS  PROVIDED  IN  PARAGRAPH  (A)  OF  THIS  SUBDIVISION, THE
 CONTRACTING AGENCY SHALL:
   (I) REPORT THE ISSUANCE OF THE WAIVER TO THE DIRECTOR; AND
   (II) PUBLISH ON THE CONTRACTING AGENCY'S  WEBSITE:    (A)  INFORMATION
 IDENTIFYING  THE  CONTRACT, INCLUDING THE VALUE OF THE CONTRACT; (B) THE
 NAME OF THE CONTRACTOR RECEIVING THE WAIVER; (C) THE DATE OF THE WAIVER;
 (D) WHETHER THE WAIVER WAS A  TOTAL  OR  PARTIAL  WAIVER;  AND  (E)  THE
 SPECIFIC CONTRACT PROVISIONS TO WHICH THE WAIVER APPLIES.
   §  2.  Paragraphs  (h)  and (i) of subdivision 3 of section 311 of the
 executive law, paragraph (h) as amended and paragraph (i)  as  added  by
 section  1 of part BB of chapter 59 of the laws of 2006, are amended and
 a new paragraph (j) is added to read as follows:
   (h) notwithstanding the provisions of section two  hundred  ninety-six
 of  this  chapter,  to  file  a  complaint pursuant to the provisions of
 section two hundred ninety-seven of this chapter where the director  has
 knowledge  that  a  contractor may have violated the provisions of para-
 graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
 six  of  this  chapter  where  such  violation is unrelated, separate or
 distinct from the state contract as expressed by its terms; [and]
   (i) to streamline the state certification process  to  accept  federal
 and municipal corporation certifications[.]; AND
   (J)  TO  KEEP  A  RECORD  OF  PARTIAL  AND TOTAL WAIVERS OF COMPLIANCE
 REPORTED PURSUANT TO PARAGRAPH (B) OF SUBDIVISION SIX OF  SECTION  THREE
 HUNDRED THIRTEEN OF THIS ARTICLE AND TO MAKE SUCH RECORD PUBLICLY AVAIL-
 ABLE ON THE DIVISION'S WEBSITE.  THE RECORD SHALL PROVIDE, AT A MINIMUM:
 (A)  INFORMATION  IDENTIFYING  THE  CONTRACT, INCLUDING THE VALUE OF THE
 CONTRACT; (B) INFORMATION IDENTIFYING THE CONTRACTING  AGENCY;  (C)  THE
 NAME  OF  THE  CONTRACTOR  RECEIVING THE WAIVER; AND (D) THE DATE OF THE
 WAIVER.
   § 3. This act shall take effect on the sixtieth  day  after  it  shall
 have  become  a law; provided, however, that:  a. the amendments made to
 subdivision 6 of section 313 of the executive law by section one of this
 act shall not affect the expiration of such article and shall be  deemed
 expired  therewith;  and  b.  the  amendments  made  to subdivision 3 of
 section 311 of the executive law by section two of this  act  shall  not
 affect the expiration of such article and shall be deemed expired there-
 with.    Effective  immediately the addition, amendment and/or repeal of
 any rule or regulation necessary for the implementation of this  act  on
 its effective date are authorized to be made on or before such date.