Requires the state comptroller to prepare and release an annual report grading each state agency on its spending with minority- and women-owned business.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7121
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
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 expiration
thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would create an annual grading system sanctioned by the office
of the comptroller for state agencies with minority and women-owned
business enterprises (MWBE) on an A through F scale
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends the executive law by adding section 163-b, which would
require the office of the comptroller to prepare grading for all state
agencies, including the office of the comptroller and their ability to
meet the requirements of minority and women-owned business enterprise
programs; it also outlines the quantitative value of the contracts with
respect to individual grades for Asian-American firms, Hispanic-American
firms, black-owned firms and women-owned firms; outlines that such
report would include total dollar amount of the agency's MWBE spending,
specifying the nature of the spending to display services rendered and
whether that spending is for constriction services, commodities or
professional services; and a comparison of the previous fiscal year and
the respective spending for services rendered
Section 2 is the enacting clause.
JUSTIFICATION:
In order to achieve goals set forth by minority and women-owned business
programs, it is crucial that the state analyze and report a series of
metrics to understand whether such programs and practices are proven
successful. This bill would allow for future minority and women-owned
business enterprises to have tangible evidence of the success of the
programs and would allow for the state and municipal corporations to set
further goals or enhance the requirements of respective programs there-
of.
PRIOR LEGISLATIVE HISTORY:
01/03/24 referred to governmental operations
02/08/23 referred to governmental operations
2021-22: A06369, referred to government operations
2019-20: A2511; Referred to government operations
2017-18: A9889; Referred to government operations
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
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.
STATE OF NEW YORK
________________________________________________________________________
7121
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, McDONALD, GIBBS, DAVILA --
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:
1 Section 1. The executive law is amended by adding a new section 163-b
2 to read as follows:
3 § 163-b. M/WBE compliance report. 1. By June first of each year, the
4 office of the comptroller shall prepare and release on its website an
5 annual report that issues letter grades to each state agency and to the
6 comptroller's office based on the agency's or office's level of success
7 in contract spending with minority and women-owned business enterprises
8 pursuant to article fifteen-A of this chapter. The grades shall be based
9 on M/WBE participation goals for state agencies across various indus-
10 tries as provided in section three hundred thirteen of this chapter.
11 Such report shall assign letter grades to all state agencies and to the
12 comptroller's office as follows:
13 A - great standing;
14 B - good standing;
15 C - average, but could use improvement;
16 D - below average; and
17 F - unacceptable.
18 2. The report shall measure the actual spending of each agency in the
19 prior fiscal year, and not the registered value of contracts, which may
20 or may not have resulted in actual spending or which could span multiple
21 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.
LBD10437-01-5
A. 7121 2
1 ing with Asian-American firms, Hispanic-American firms, black-owned
2 firms and women-owned firms.
3 3. For each agency, the report shall state the following:
4 (a) the total dollar amount of the agency's M/WBE-eligible spending;
5 (b) the total amount of the agency's actual M/WBE spending;
6 (c) the nature of the majority of the spending, specifying whether the
7 spending was for construction services, non-construction services,
8 commodities or professional services; and
9 (d) a comparison of the agency's prior fiscal year actual spending
10 amount with the amounts spent by the agency during the three previous
11 fiscal years, noting the increase or decrease from year to year.
12 § 2. This act shall take effect on the first of April next succeeding
13 the date upon which it shall have become a law and shall expire on the
14 same date as article 15-A of the executive law expires as provided in
15 section 121 of chapter 261 of the laws of 1988, as amended, when upon
16 such date the provisions of this act shall be deemed repealed.
