S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7027
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               April 3, 2019
                                ___________
 
 Introduced  by  M. of A. PEOPLES-STOKES -- read once and referred to the
   Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to certification  classi-
   fications for businesses owned by minority group members or women
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 314 of the executive law is amended by adding a new
 subdivision 6 to read as follows:
   6. (A) THE  DIRECTOR  SHALL  ESTABLISH  BY  REGULATION  AN  ADDITIONAL
 CERTIFICATION  CLASSIFICATION  FOR  MINORITY  AND WOMEN-OWNED BUSINESSES
 WHICH ARE INELIGIBLE FOR CERTIFICATION PURSUANT TO THIS SECTION  DUE  TO
 EXCEEDING THE PERSONAL NET WORTH OR SMALL BUSINESS THRESHOLDS; PROVIDED,
 HOWEVER, THAT ALL OTHER ELIGIBILITY REQUIREMENTS PURSUANT TO SUBDIVISION
 SEVEN OR FIFTEEN OF SECTION THREE HUNDRED TEN OF THIS ARTICLE, AS APPLI-
 CABLE,  ARE  SATISFIED.  SUCH  REGULATIONS  SHALL  NOT IMPOSE ADDITIONAL
 THRESHOLDS ON PERSONAL NET WORTH OR THE SIZE OF SUCH BUSINESSES.    SUCH
 ADDITIONAL  CERTIFICATION  CLASSIFICATIONS SHALL BE LISTED SEPARATELY IN
 THE DIRECTORY OF CERTIFIED BUSINESSES REQUIRED TO BE  PREPARED  PURSUANT
 TO  THIS  SECTION.    REGULATIONS  FOR  THE CERTIFICATION CLASSIFICATION
 ESTABLISHED PURSUANT TO THIS SUBDIVISION  SHALL  REQUIRE  EACH  BUSINESS
 SEEKING  CERTIFICATION  TO  DEMONSTRATE  THAT IT ENGAGES IN, AND SIGNIF-
 ICANTLY INVESTS IN, DIVERSITY PRACTICES.
   (B) FOR PURPOSES OF THIS SUBDIVISION, THE TERM  "DIVERSITY  PRACTICES"
 SHALL INCLUDE, BUT NOT BE LIMITED TO:
   (I)  THE INCLUSION OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES IN
 PROCUREMENT OPPORTUNITIES WITHIN SUCH BUSINESS;
   (II) JOINT VENTURES BETWEEN  SUCH  BUSINESS  AND  OTHER  MINORITY  AND
 WOMEN-OWNED BUSINESS ENTERPRISES;
   (III)  TRAININGS,  WORKSHOPS  OR  MENTORING  PROGRAMS CONDUCTED BY THE
 BUSINESS FOR OTHER MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES; AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD10800-01-9
              

 A. 7027                             2
 
   (IV) JOB TRAINING AND APPRENTICESHIP PROGRAMS CONDUCTED BY THE MINORI-
 TY AND WOMEN-OWNED BUSINESS THAT RESULT  IN  A  MORE  DIVERSE  WORKFORCE
 WITHIN SUCH BUSINESS.
   §  2.  Paragraphs (h) and (i) of subdivision 2-a of section 313 of the
 executive law, as added by chapter 175 of the laws of 2010, are  amended
 and a new paragraph (j) is added to read as follows:
   (h)  provide  for  the  collection  of statistical data by each agency
 concerning actual minority and women-owned business  enterprise  partic-
 ipation; [and]
   (i)  require  each  agency to consult the most current disparity study
 when calculating agency-wide and contract specific  participation  goals
 pursuant to this article[.]; AND
   (J)  REQUIRE  THAT BUSINESSES CERTIFIED PURSUANT TO SUBDIVISION SIX OF
 SECTION THREE HUNDRED FOURTEEN  OF  THIS  ARTICLE  ARE  UTILIZED  TOWARD
 CONTRACT  SOLICITATION  GOALS  AFTER  OPPORTUNITIES  TO  MEET SUCH GOALS
 THROUGH CONTRACTS WITH OTHER BUSINESSES CERTIFIED PURSUANT TO THIS ARTI-
 CLE HAVE BEEN EXHAUSTED BY COMMERCIALLY REASONABLE METHODS.
   § 3. Section 313 of the executive law  is  amended  by  adding  a  new
 subdivision 6-a to read as follows:
   6-A.  PRIOR TO REQUESTING A PARTIAL OR TOTAL WAIVER PURSUANT TO SUBDI-
 VISION SIX OF THIS SECTION, A CONTRACTOR SHALL SEEK TO COMPLY  WITH  THE
 MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISE  PARTICIPATION GOALS BY
 MAKING A GOOD FAITH EFFORT TO CONTRACT WITH A BUSINESS  IN  THE  CERTIF-
 ICATION  CLASSIFICATION  ESTABLISHED  PURSUANT  TO  SUBDIVISION  SIX  OF
 SECTION THREE HUNDRED FOURTEEN OF THIS ARTICLE.
   § 4. This act shall take effect immediately; provided,  however,  that
 the  amendments  to  article  15-A of the executive law made by sections
 one, two and three of this act shall not affect the expiration  of  such
 article and shall be deemed to expire therewith.