S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    333
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced  by  M. of A. CRUZ -- 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.  Paragraph  (d-1)  of  subdivision 3 of section 311 of the
 executive law, as added by chapter 96 of the laws of 2019, is amended to
 read as follows:
   (d-1) to require all contracting state agencies to  develop  a  [four-
 year]  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
 [four] THREE years, beginning September fifteenth, two thousand  twenty,
 each  contracting  state  agency  shall  submit a [four-year] 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. SUCH  GROWTH
 PLANS SHALL INCLUDE, BUT NOT BE LIMITED TO, AN ANALYSIS OF THE CONTRACT-
 ING  AGENCY'S USE OF DISCRETIONARY BUYING IN ACCORDANCE WITH SUBDIVISION
 SIX OF SECTION ONE HUNDRED SIXTY-THREE OF THE STATE FINANCE LAW AND WHAT
 PERCENTAGE OF TOTAL COMMODITIES AND SERVICE PURCHASES WITHIN THE DISCRE-
 TIONARY BUYING DOLLAR THRESHOLD ARE AWARDED TO CERTIFIED  MINORITY-OWNED
 AND  WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO THAT AUTHORIZATION AND
 WHETHER THIS AUTHORIZATION CAN BE  USED  TO  INCREASE  PARTICIPATION  BY
 MINORITY-OWNED  AND WOMEN-OWNED BUSINESS ENTERPRISES, AN ANALYSIS OF HOW
 THE CONTRACTING AGENCY CAN  USE  THE  EMPIRE  STATE  DEVELOPMENT  CORPO-
 RATION'S  AND  THE DIVISION'S RESOURCES TO FACILITATE ADDITIONAL MINORI-
 TY-OWNED AND  WOMEN-OWNED  BUSINESS  ENTERPRISE  PARTICIPATION  AND  ANY
 RECOMMENDATIONS  FOR  PROGRAMMATIC  MODIFICATIONS  THAT WOULD MAKE THOSE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD01228-01-5
 A. 333                              2
 
 RESOURCES EASIER TO USE, AN ANALYSIS OF WHAT STEPS THE CONTRACTING AGEN-
 CY PLANS TO TAKE TO  IMPROVE  MINORITY-OWNED  AND  WOMEN-OWNED  BUSINESS
 ENTERPRISE  CAPACITY  TO  PARTICIPATE IN ADDITIONAL CONTRACTS AND BECOME
 VIABLE BIDDERS FOR LARGER CONTRACTS, AN EXPLANATION OF HOW THE CONTRACT-
 ING  AGENCY IS DEBRIEFING MINORITY-OWNED AND WOMEN-OWNED BUSINESS ENTER-
 PRISES THAT LOSE BIDS AND HOW THAT PROCESS CAN IMPROVE, AND AN  ANALYSIS
 OF  THE TYPES OF CONTRACTS WHERE WAIVERS ARE BEING GRANTED AND STEPS THE
 STATE CAN TAKE TO REDUCE THE NEED FOR WAIVERS OVER  THE  COURSE  OF  THE
 GROWTH PLAN.
   §  2. Subdivision 5 of section 315 of the executive law, as amended by
 chapter 96 of the laws of 2019, 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 this chapter:
 (a) its annual goals for contracts with minority-owned  and  women-owned
 business  enterprises;  (b)  the  number  of  actual contracts issued to
 minority-owned and women-owned business enterprises; (c)  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; (d) whether
 or not it has been 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; (e) which expenditures are exempt from participation  goals
 and  the rationale for such exemption; and (f) every [four] THREE years,
 beginning September fifteenth, two thousand twenty,  each  agency  shall
 include  in  such  annual  report its [four-year] 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 repeal of such sections and shall  be
 deemed repealed therewith.