NY State Senate Bill 2021-S3760A

Senate Bill S3760A

2021-2022 Legislative Session

Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements

download bill text pdf

Archive: Last Bill Status - In Senate Committee Procurement And Contracts Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
May 12, 2022	print number 3760a
May 12, 2022	amend and recommit to procurement and contracts
Jan 05, 2022	referred to procurement and contracts
Jan 30, 2021	referred to procurement and contracts

Bill Amendments

Original

A (Active)

2021-S3760 - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7688
2019-2020: S2420

2021-S3760 - Summary

Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements.

2021-S3760 - Sponsor Memo

                                
 
BILL NUMBER: S3760

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to allow the public to see which contracts
have been granted waivers.

 
SUMMARY OF PROVISIONS:

Section one of the bill requires a contracting agency, within 30 days of
the issuance of a partial or total waiver of compliance, to report the
issuance of the waiver to the director of the Division of Minority and
Women's Business Development, and make certain information regarding the

contract waiver publicly available on their website.

Section two of the bill requires the Division of Minority and Women's
Business Development to keep records of such waivers, and make them
publicly available on the division's website.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

In order to support the participation coals for minority and women-owned
business enterprises (MWBEs) throughout New York State, this bill aims
to ensure that a good faith effort has been made to comply participation
requirements set forth in a particular state contract in order to
receive partial or total waivers in the event that there is not reason-
able availability of MWBE contractors, and that the issuance of these
waivers will be published in order to provide better transparency and
accountability.

 
LEGISLATIVE HISTORY:

S. 2420/A. 1541 of 2019/20; Referred to Senate

Finance Committee S. 7688/A. 228; Passed Assembly in 2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2021-S3760 - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3760
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and Contracts
 
 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  96  of  the  laws  of  2019, 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  available  to
 provide  goods  or services required under the contract 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  determi-
 nation,  the contracting agency shall first consider the availability of
 other business enterprises located in the region  and  shall  thereafter
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD07939-01-1

 S. 3760                             2
 
 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)  [Upon]  WITHIN  THIRTY  DAYS  OF  the  issuance of all waivers 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 on a monthly basis,
 if practicable, but no less than on a quarterly basis:
   (1) information identifying the contract, including the value  of  the
 contract;
   (2) the name of the contractor receiving the waiver;
   (3) the date of the waiver; [and]
   (4) WHETHER THE WAIVER WAS A TOTAL OR PARTIAL WAIVER; AND
   (5) the specific contract provisions to which the waiver applies.
   §  2.  Paragraph  (j) of subdivision 3 of section 311 of the executive
 law, as amended by chapter 96 of the laws of 2019, is amended and a  new
 paragraph (k) is added to read as follows:
   (j)  to  make  publicly available records of all waivers of compliance
 reported pursuant to paragraph (b) of subdivision six of  section  three
 hundred thirteen of this article on the division's website[.]; AND
   (K)  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 DIVISIONS WEBSITE. THE RECORD SHALL PROVIDE, AT A MINIMUM:
 (I) INFORMATION IDENTIFYING THE CONTRACT, INCLUDING  THE  VALUE  OF  THE
 CONTRACT; (II) INFORMATION IDENTIFYING THE CONTRACTING AGENCY; (III) THE
 NAME  OF  THE  CONTRACTOR RECEIVING THE WAIVER; AND (IV) 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 to
 subdivision 6 of section 313 of the executive law made by section one of
 this act shall not affect the repeal of such article and shall be deemed
 repealed therewith; and (b) the amendments to subdivision 3  of  section
 311  of  the  executive  law  made  by section two of this act shall not
 affect the repeal of such article and shall be  deemed  repealed  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.

2021-S3760A (ACTIVE) - Details

Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §§313 & 311, Exec L
Versions Introduced in Other Legislative Sessions:: 2017-2018: S7688
2019-2020: S2420

2021-S3760A (ACTIVE) - Summary

Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements.

2021-S3760A (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S3760A

SPONSOR: KAPLAN
 
TITLE OF BILL:

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

 
PURPOSE:

The purpose of this bill is to allow the public to see which contracts
have been granted waivers.

 
SUMMARY OF PROVISIONS:

Section one of the bill requires a contracting agency, within 30 days of
the issuance of a partial or total waiver of compliance, to report the
issuance of the waiver to the director of the Division of Minority and
Women's Business Development, and make certain information regarding the
contract waiver publicly available on their website.

Section two of the bill requires the Division of Minority and Women's
Business Development to keep records of such waivers, and make them
publicly available on the division's website.

Section three of the bill provides the effective date.

 
JUSTIFICATION:

In order to support the participation coals for minority and women-owned
business enterprises (MWBEs) throughout New York State, this bill aims
to ensure that a good faith effort has been made to comply participation
requirements set forth in a particular state contract in order to
receive partial or total waivers in the event that there is not reason-
able availability of MWBE contractors, and that the issuance of these
waivers will be published in order to provide better transparency and
accountability.

 
LEGISLATIVE HISTORY:

S. 2420/A. 1541 of 2019/20; Referred to Senate

Finance Committee S. 7688/A. 228; Passed Assembly in 2018

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on the sixtieth day.

2021-S3760A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  3760--A
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             January 30, 2021
                                ___________
 
 Introduced  by  Sen.  KAPLAN -- read twice and ordered printed, and when
   printed to be committed to the Committee on Procurement and  Contracts
   --  recommitted  to  the  Committee  on  Procurement  and Contracts in
   accordance with Senate Rule 6, sec. 8 --  committee  discharged,  bill
   amended,  ordered reprinted as amended and recommitted to said commit-
   tee
 
 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. Paragraph (b) of subdivision 6 of section 313 of the execu-
 tive law, as amended by chapter 348 of the laws of 2021, is  amended  to
 read as follows:
   (b)  [Upon]  WITHIN  THIRTY  DAYS  OF  the  issuance of all waivers 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  on  a
 monthly basis, if practicable, but no less than on a quarterly basis, in
 a  location  easily  accessible  to  the general public: (1) information
 identifying the contract, including the value of the contract;  (2)  the
 name of the contractor receiving the waiver; (3) the date of the waiver;
 (4)  whether  the  waiver  was  a  partial  or total waiver; and (5) the
 specific contract provisions to which the waiver applies.
   § 2. Paragraphs (j) and (k) of subdivision 3 of  section  311  of  the
 executive  law,  paragraph  (j) as amended and paragraph (k) as added by
 chapter 825 of the laws of 2021, are amended and a new paragraph (l)  is
 added to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD07939-05-2
 S. 3760--A                          2

   (j)  to  make  publicly available records of all waivers of compliance
 reported pursuant to paragraph (b) of subdivision six of  section  three
 hundred thirteen of this article on the division's website; [and]
   (k)  to  work in conjunction with the industrial commissioner pursuant
 to paragraph (j) of subdivision one of section eight hundred  eleven  of
 the  labor  law  to  assist  contractors  in  identifying minority group
 members and women who are  participating  in  apprenticeship  agreements
 under article twenty-three of the labor law[.]; AND
   (L)  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  MINI-
 MUM:    (I)  INFORMATION IDENTIFYING THE CONTRACT, INCLUDING  THE  VALUE
 OF  THE CONTRACT; (II) INFORMATION IDENTIFYING THE  CONTRACTING  AGENCY;
 (III)  THE NAME   OF  THE  CONTRACTOR RECEIVING THE WAIVER; AND (IV) 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 the amendments to article
 15-A of the executive law made by sections one and two of this act shall
 not affect the repeal of such article and shall be deemed repealed ther-
 ewith.  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.

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