S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3895
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 8, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to  requiring  the  state
   comptroller to prepare and release an annual report grading each state
   agency  on  its spending with minority and women-owned business enter-
   prises; and providing for the repeal of such provisions  upon  expira-
   tion thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The executive law is amended by adding a new section  163-b
 to read as follows:
   §  163-B.  M/WBE COMPLIANCE REPORT. 1. BY JUNE FIRST OF EACH YEAR, THE
 OFFICE OF THE COMPTROLLER SHALL PREPARE AND RELEASE ON  ITS  WEBSITE  AN
 ANNUAL  REPORT THAT ISSUES LETTER GRADES TO EACH STATE AGENCY AND TO THE
 COMPTROLLER'S OFFICE BASED ON THE AGENCY'S OR OFFICE'S LEVEL OF  SUCCESS
 IN  CONTRACT SPENDING WITH MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES
 PURSUANT TO ARTICLE FIFTEEN-A OF THIS CHAPTER. THE GRADES SHALL BE BASED
 ON M/WBE PARTICIPATION GOALS FOR STATE AGENCIES  ACROSS  VARIOUS  INDUS-
 TRIES  AS  PROVIDED  IN  SECTION THREE HUNDRED THIRTEEN OF THIS CHAPTER.
 SUCH REPORT SHALL ASSIGN LETTER GRADES TO ALL STATE AGENCIES AND TO  THE
 COMPTROLLER'S OFFICE AS FOLLOWS:
   A - GREAT STANDING;
   B - GOOD STANDING;
   C - AVERAGE, BUT COULD USE IMPROVEMENT;
   D - BELOW AVERAGE; AND
   F - UNACCEPTABLE.
   2.  THE REPORT SHALL MEASURE THE ACTUAL SPENDING OF EACH AGENCY IN THE
 PRIOR FISCAL YEAR, AND NOT THE REGISTERED VALUE OF CONTRACTS, WHICH  MAY
 OR MAY NOT HAVE RESULTED IN ACTUAL SPENDING OR WHICH COULD SPAN MULTIPLE
 YEARS. THE REPORT SHALL ASSIGN INDIVIDUAL GRADES TO EACH AGENCY'S SPEND-

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD05467-01-3
 A. 3895                             2
              

 
 ING  WITH  ASIAN-AMERICAN  FIRMS,  HISPANIC-AMERICAN  FIRMS, BLACK-OWNED
 FIRMS AND WOMEN-OWNED FIRMS.
   3. FOR EACH AGENCY, THE REPORT SHALL STATE THE FOLLOWING:
   (A) THE TOTAL DOLLAR AMOUNT OF THE AGENCY'S M/WBE-ELIGIBLE SPENDING;
   (B) THE TOTAL AMOUNT OF THE AGENCY'S ACTUAL M/WBE SPENDING;
   (C) THE NATURE OF THE MAJORITY OF THE SPENDING, SPECIFYING WHETHER THE
 SPENDING  WAS  FOR  CONSTRUCTION  SERVICES,  NON-CONSTRUCTION  SERVICES,
 COMMODITIES OR PROFESSIONAL SERVICES; AND
   (D) A COMPARISON OF THE AGENCY'S PRIOR  FISCAL  YEAR  ACTUAL  SPENDING
 AMOUNT  WITH  THE  AMOUNTS SPENT BY THE AGENCY DURING THE THREE PREVIOUS
 FISCAL YEARS, NOTING THE INCREASE OR DECREASE FROM YEAR TO YEAR.
   § 2. This act shall take effect on the first of April next  succeeding
 the  date  upon which it shall have become a law and shall expire on the
 same date as article 15-A of the executive law expires  as  provided  in
 section  121  of  chapter 261 of the laws of 1988, as amended, when upon
 such date the provisions of this act shall be deemed repealed.