Relates to verification of good faith by contractors that request waivers of compliance with the provisions of article 15-A of the executive law relating to minority and women-owned business enterprises.
STATE OF NEW YORK
________________________________________________________________________
9887
IN ASSEMBLY
February 16, 2018
___________
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 verification of good
faith by contractors that request waivers of compliance with the
provisions of article 15-A of the executive law relating to minority
and women-owned business enterprises
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 311-a of the executive law is amended by adding a
2 new subdivision 5 to read as follows:
3 5. (a) The empire state development corporation, acting through the
4 statewide advocate, shall retain one or more independent MWBE consult-
5 ant firms to review all partial or total waivers of compliance requested
6 by contractors pursuant to section three hundred thirteen of this arti-
7 cle, regardless of whether such waivers were granted by the contracting
8 agency. The MWBE consultant firms shall examine the circumstances under
9 which each waiver was requested, and, if applicable, granted, verify
10 whether the contractor has made the request for the waiver in good faith
11 and report their findings to the statewide advocate.
12 (b) The findings of the MWBE consultant firms shall be published on
13 the website of the statewide advocate and updated on a monthly basis.
14 § 2. This act shall take effect on the ninetieth day after it shall
15 have become a law; provided, however, that the amendments to section
16 311-a of the executive law made by section one of this act shall not
17 affect the expiration of such section and shall be deemed expired there-
18 with.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD14748-02-8
