NY State Senate Bill 2025-S1218

Senate Bill S1218

2025-2026 Legislative Session

Directs contracting state agencies to develop a growth plan in order to increase participation of MWBEs with respect to state contracts and subcontracts

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Current 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
Jan 08, 2025	referred to procurement and contracts

co-Sponsors

2025-S1218 (ACTIVE) - Details

See Assembly Version of this Bill:: A333
Current Committee:: Senate Procurement And Contracts
Law Section:: Executive Law
Laws Affected:: Amd §§311 & 315, Exec L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5759, A6872
2017-2018: S3806, A4322
2019-2020: S2216, A5171
2021-2022: S3391, A6615, A10558
2023-2024: S1424, A7810

2025-S1218 (ACTIVE) - Summary

Directs contracting state agencies to develop a growth plan in order to increase participation of minority- and women-owned businesses with respect to state contracts and subcontracts which includes an analyses of the use of discretionary buying.

2025-S1218 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S1218

SPONSOR: BAILEY
 
TITLE OF BILL:

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

 
PURPOSE:

This bill increases Minority and Women-Owned Business Enterprise partic-
ipation in state contracts by requiring state agencies to develop a
three-year growth plan that determines ways that most effectively allow
for this increase to occur.

 
SUMMARY OF PROVISIONS:

The bill requires all contracting state agencies to develop a three-year
growth plan to determine a means of promoting MWBE participation, and to
then submit it to the Governor and the Legislature as part of New York
State's yearly annual report. Among other things, the growth plan will

include an analysis of the contracting agency's use of discretionary
buying, an analysis of how the contracting agency can use the empire
state development corporation and the division's resources to facilitate
additional MWBE-owned enterprise participation in contracting, an analy-
sis of what steps the contracting agency plans to improve MWBE's so they
can bid for larger contracts, an explanation of how the contracting
agency is debriefing MWBE's that lose bids and how their bidding 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 waiv-
ers over the course of the growth plan. This report should also specify
the number of actual contracts issues to MWEE's for that year.

 
JUSTIFICATION:

To achieve the proposed MWBE goals previously outlined by Governor
Hochul, it is critical that each agency produces a publicly known plan
of action on how it will achieve MWBE funding and procurement.  Such a
plan should include recommendations for outreach, funding support,
training and development, joint venture collaboration, and calendars.
The plan needs to be submitted and approved by the appropriate legisla-
tive committees impacted by said agency to ensure that it is a viable
plan of action to achieve MWEE participation and success.

 
LEGISLATIVE HISTORY:

2021-22: Passes Senate 2023-24:  Passed Senate

 
FISCAL IMPLICATIONS:

To be determined.

 
LOCAL FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
Ninety days after becoming a law, with provisions.

2025-S1218 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1218
 
                        2025-2026 Regular Sessions
 
                             I N  S E N A T E
 
                              January 8, 2025
                                ___________
 
 Introduced  by Sens. BAILEY, WEBB -- 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 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

 S. 1218                             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.

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Senate Bill S1218

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Sponsored By

Jamaal T. Bailey