Authorizes political subdivisions to award public contracts to participants of a minority and women owned business enterprise program at a cost premium not to exceed ten percent of the lowest bid.
STATE OF NEW YORK
________________________________________________________________________
3185
2009-2010 Regular Sessions
IN SENATE
March 12, 2009
___________
Introduced by Sens. DILAN, DIAZ, HASSELL-THOMPSON, HUNTLEY, MONTGOMERY,
OPPENHEIMER, PERKINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Local Government
AN ACT to amend the general municipal law, in relation to authorizing
political subdivisions to award public contracts to participants of a
minority and women owned business enterprise program at a cost premium
not to exceed ten percent of the lowest bid as an available remedy to
a demonstrated disparity
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 104-a of the general municipal law, as amended by
2 chapter 468 of the laws of 1994, is amended to read as follows:
3 § 104-a. Purchasing [of products] for public use. 1. Notwithstanding
4 the provisions of section one hundred three of this [chapter] article,
5 when purchasing products the officer, board or agency of any political
6 subdivision or of any district therein charged with the awarding of
7 public contracts may, wherever recycled products meet contract specifi-
8 cations and the price of such products is reasonably competitive,
9 purchase such products. For the purpose of this [section] subdivision
10 and until July first, nineteen hundred ninety-six, "recycled product"
11 shall mean any product which has been manufactured from secondary mate-
12 rials, as defined in subdivision one of section two hundred sixty-one of
13 the economic development law, and meets secondary material content
14 requirements adopted by the office of general services [under subdivi-
15 sion one of section one hundred seventy-seven of the state finance law]
16 for products available to the political subdivision or district under
17 state contract or, if no such contract for such product is available,
18 any product which meets the secondary material content requirements
19 adopted by the political subdivision or district thereof with respect to
20 a specific commodity procurement by such entity. On and after July
21 first, nineteen hundred ninety-six, "recycled product" shall mean, for
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04479-01-9
S. 3185 2
1 the purposes of this [section] subdivision, any product which is manu-
2 factured from secondary materials, as defined in subdivision one of
3 section two hundred sixty-one of the economic development law, and which
4 meets the requirements of subdivision two of section 27-0717 of the
5 environmental conservation law and regulations promulgated pursuant
6 thereto. For the purpose of this [section] subdivision, "reasonably
7 competitive" shall mean that the cost of the recycled product does not
8 exceed a cost premium of ten percent above the cost of a comparable
9 product that is not a recycled product or, if at least fifty percent of
10 the secondary materials utilized in the manufacture of that product are
11 generated from the waste stream in New York state, the cost of the recy-
12 cled product does not exceed a cost premium of fifteen percent above the
13 cost of a comparable product that is not a recycled product.
14 Whenever such officer, board or agency shall purchase or cause the
15 purchase of printing on recycled paper pursuant to this section, he or
16 she shall require the printed material to contain the official state
17 recycling emblem established pursuant to subdivision two of section
18 27-0717 of the environmental conservation law and regulations promulgat-
19 ed pursuant thereto if such paper has been approved by the department of
20 environmental conservation as satisfying the requirements of such stat-
21 ute and regulations, or, if such paper has not been so approved, require
22 the printed material to include a printed statement which indicates the
23 percentages of pre-consumer and post-consumer recycled material content
24 of such paper.
25 2. Notwithstanding the provisions of section one hundred three of this
26 article, when purchasing goods, services or construction for public use,
27 the officer, board or agency of any political subdivision or of any
28 district therein charged with the awarding of public contracts that
29 employ a minority or women owned business enterprise (MWBE) program, may
30 award any contract valued at no more than one million dollars to a
31 participant of such program even if such participant is not the lowest
32 bidder for such contract, provided, however that such award may only be
33 made to the lowest MWBE bid that is reasonably competitive. For the
34 purpose of this subdivision, an "MWBE program" shall be defined as a
35 program designed to increase participation of MWBEs in public contract-
36 ing that is based on a study in which it was found that there is or has
37 been a disparity between the availability and the utilization of MWBEs
38 in the award of contracts by such political subdivision or district
39 therein. For the purpose of this subdivision, "reasonably competitive"
40 shall mean that the MWBE bid does not exceed the lowest bid by more than
41 ten percent.
42 § 2. This act shall take effect on the thirtieth day after it shall
43 have become a law.
