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A00228 Summary:

A00228 Actions:

A00228 Committee Votes:

Committee:GOVERNMENTAL OPERATIONS   Chair:Peoples-Stokes      
DATE:04/25/2017AYE/NAY:13/0  Action: Favorable         
Peoples-Stokes
Aye
Johns
Aye
Galef
Aye
Goodell
Aye
Benedetto
Aye
Lalor
Aye
Glick
Aye
Byrne
Aye
Kim
Aye
Buchwald
Aye
Bichotte
Aye
Blake
Excused
Hyndman
Aye
Lentol
Aye

A00228 Floor Votes:

A00228 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                           228
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                     January 5, 2017
                                       ___________
 
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
 
        AN  ACT  to  amend  the executive law, in relation to the publication of
          information  regarding  waivers  of  compliance  with  state  contract
          provisions  concerning  minority  and  women-owned business enterprise
          participation requirements

          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
 
     1    Section  1.  Subdivision  6  of  section  313 of the executive law, as
     2  amended by chapter 175 of the laws  of  2010,  is  amended  to  read  as
     3  follows:
     4    6.  (a)  Where it appears that a contractor cannot, after a good faith
     5  effort, comply with the minority  and  women-owned  business  enterprise
     6  participation  requirements  set forth in a particular state contract, a
     7  contractor may file a written application with  the  contracting  agency
     8  requesting  a partial or total waiver of such requirements setting forth
     9  the reasons for such contractor's inability to meet any or  all  of  the
    10  participation  requirements  together with an explanation of the efforts
    11  undertaken by the contractor to obtain the required minority and  women-
    12  owned  business enterprise participation. In implementing the provisions
    13  of this section, the contracting agency shall consider  the  number  and
    14  types  of  minority  and women-owned business enterprises located in the
    15  region in which the state contract is to be performed, the total  dollar
    16  value  of  the state contract, the scope of work to be performed and the
    17  project size and term. If, based on such considerations, the contracting
    18  agency determines there is not a reasonable availability of  contractors
    19  on  the  list of certified business to furnish services for the project,
    20  it shall issue a waiver of compliance to the contractor. In making  such
    21  determination,  the  contracting  agency shall first consider the avail-
    22  ability of other business enterprises located in the  region  and  shall
    23  thereafter  consider  the  financial ability of minority and women-owned

         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD01520-01-7
        A. 228                              2
 
     1  businesses located outside the region in which the  contract  is  to  be
     2  performed to perform the state contract.
     3    (b) Within thirty days of the issuance of a partial or total waiver of
     4  compliance  as  provided  in  paragraph  (a)  of  this  subdivision, the
     5  contracting agency shall:
     6    (i) report the issuance of the waiver to the director; and
     7    (ii) publish on the contracting agency's  website:    (A)  information
     8  identifying  the  contract, including the value of the contract; (B) the
     9  name of the contractor receiving the waiver; (C) the date of the waiver;
    10  (D) whether the waiver was a  total  or  partial  waiver;  and  (E)  the
    11  specific contract provisions to which the waiver applies.
    12    §  2.  Paragraphs  (h)  and (i) of subdivision 3 of section 311 of the
    13  executive law, paragraph (h) as amended and paragraph (i)  as  added  by
    14  section  1 of part BB of chapter 59 of the laws of 2006, are amended and
    15  a new paragraph (j) is added to read as follows:
    16    (h) notwithstanding the provisions of section two  hundred  ninety-six
    17  of  this  chapter,  to  file  a  complaint pursuant to the provisions of
    18  section two hundred ninety-seven of this chapter where the director  has
    19  knowledge  that  a  contractor may have violated the provisions of para-
    20  graph (a), (b) or (c) of subdivision one of section two hundred  ninety-
    21  six  of  this  chapter  where  such  violation is unrelated, separate or
    22  distinct from the state contract as expressed by its terms; [and]
    23    (i) to streamline the state certification process  to  accept  federal
    24  and municipal corporation certifications[.]; and
    25    (j)  to  keep  a  record  of  partial  and total waivers of compliance
    26  reported pursuant to paragraph (b) of subdivision six of  section  three
    27  hundred thirteen of this article and to make such record publicly avail-
    28  able on the division's website.  The record shall provide, at a minimum:
    29  (A)  information  identifying  the  contract, including the value of the
    30  contract; (B) information identifying the contracting  agency;  (C)  the
    31  name  of  the  contractor  receiving the waiver; and (D) the date of the
    32  waiver.
    33    § 3. This act shall take effect on the sixtieth  day  after  it  shall
    34  have become a law; provided, however, that:
    35    a.  the  amendments made to subdivision 6 of section 313 of the execu-
    36  tive law by section one of this act shall not affect the  expiration  of
    37  such article and shall be deemed expired therewith;
    38    b.  the  amendments made to subdivision 3 of section 311 of the execu-
    39  tive law by section two of this act shall not affect the  expiration  of
    40  such article and shall be deemed expired therewith; and
    41    c.  the  director  of  the  division  of minority and women's business
    42  development may immediately promulgate rules and  regulations  and  take
    43  all  other  necessary actions to implement the provisions of this act on
    44  or before such effective date.