S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                    359
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                                (PREFILED)
 
                              January 8, 2025
                                ___________
 
 Introduced by M. of A. JACKSON, ZACCARO, DAVILA -- Multi-Sponsored by --
   M.  of A.  SIMON -- read once and referred to the Committee on Govern-
   mental Operations
 
 AN ACT to amend the executive law and the state finance law, in relation
   to encouraging the participation of minority and women-owned  business
   enterprises in state contracts
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 2-a of section 313  of  the  executive  law  is
 amended by adding a new paragraph (k) to read as follows:
   (K)  REQUIRE  THAT EACH STATE CONTRACT AVOIDS UNNECESSARY AND UNJUSTI-
 FIED BUNDLING OF  CONTRACT  REQUIREMENTS  THAT  PRECLUDES  MINORITY  AND
 WOMEN-OWNED BUSINESS ENTERPRISES' PARTICIPATION IN PROCUREMENTS AS PRIME
 CONTRACTORS.   FOR PURPOSES OF THIS PARAGRAPH, "UNNECESSARY AND UNJUSTI-
 FIED" SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE REASON.
   § 2. Section 139-g of the state finance law is amended by adding a new
 subdivision (e) to read as follows:
   (E) REQUIRE THAT EACH STATE CONTRACT AVOIDS UNNECESSARY  AND  UNJUSTI-
 FIED  BUNDLING  OF CONTRACT REQUIREMENTS THAT PRECLUDES SMALL AND CERTI-
 FIED WOMEN AND MINORITY-OWNED BUSINESS' PARTICIPATION IN PROCUREMENTS AS
 PRIME CONTRACTORS.  FOR PURPOSES OF THIS SUBDIVISION,  "UNNECESSARY  AND
 UNJUSTIFIED"  SHALL MEAN NOT REQUIRED, NOT NEEDED AND WITH NO LEGITIMATE
 REASON.
   § 3. Subdivision 4 of section 313 of the executive law, as amended  by
 chapter 96 of the laws of 2019, is amended to read as follows:
   4. In the implementation of this section, the contracting agency shall
 (a) consult the findings contained within the disparity study evidencing
 relevant  industry  specific  disparities in the utilization of minority
 and women-owned businesses relative to their availability;
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00548-01-5
              

 A. 359                              2
 
   (b) implement a program that will enable the agency to  evaluate  each
 contract  to determine the appropriate goal for participation by minori-
 ty-owned business enterprises and women-owned business enterprises; AND
   (c)  [consider  where  practicable,  the  severability of construction
 projects and other bundled contracts; and
   (d)] consider compliance with the  requirements  of  any  federal  law
 concerning  opportunities  for  minority and women-owned business enter-
 prises which effectuates the purpose of this  section.  The  contracting
 agency shall determine whether the imposition of the requirements of any
 such  law  duplicate  or conflict with the provisions hereof and if such
 duplication or conflict exists, the contracting agency shall  waive  the
 applicability  of  this  section  to  the  extent of such duplication or
 conflict.
   § 4. This act shall take effect immediately;  provided  however,  that
 the  amendments to section 313 of the executive law made by sections one
 and three of this act shall not affect the repeal of  such  article  and
 shall be deemed repealed therewith.