Amends chapter 261 of the laws of 1988, amending the state finance law and other laws relating to the New York state infrastructure trust fund, in relation to the minority and women-owned business enterprise program; establishes a blue ribbon commission to study such program, and establishes a mentor-protege training program; appropriates money therefor.
STATE OF NEW YORK
________________________________________________________________________
8880
IN SENATE
May 31, 2018
___________
Introduced by Sens. SANDERS, HAMILTON -- read twice and ordered printed,
and when printed to be committed to the Committee on Finance
AN ACT to amend chapter 261 of the laws of 1988, amending the state
finance law and other laws relating to the New York state infrastruc-
ture trust fund, in relation to the effectiveness thereof; establish-
ing a blue ribbon commission to study the minority and women-owned
business enterprise program, and establishing a mentor-protege train-
ing program; and making an appropriation therefor; and providing for
the repeal of certain provisions upon expiration thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The opening paragraph of subdivision (h) of section 121 of
2 chapter 261 of the laws of 1988, amending the state finance law and
3 other laws relating to the New York state infrastructure trust fund, as
4 amended by section 1 of part OOO of chapter 59 of the laws of 2018, is
5 amended to read as follows:
6 The provisions of sections sixty-two through sixty-six of this act
7 shall expire and be deemed repealed on December thirty-first, two thou-
8 sand [nineteen] twenty-three, except that:
9 § 2. 1. A blue ribbon commission is hereby established to examine,
10 evaluate and make recommendations on the minority and women-owned busi-
11 ness enterprise (hereinafter "MWBE") program. The commission shall be
12 known as the MWBE blue ribbon commission. The subject areas to be exam-
13 ined by the commission shall include, but not be limited to, the follow-
14 ing:
15 (a) the two thousand sixteen disparity study as specified in subdivi-
16 sion one of section three hundred twelve-a of the executive law;
17 (b) article fifteen-A of the executive law, and other related laws,
18 rules and regulations and to make recommendations on changes to the laws
19 that would result in more meaningful and robust MWBE participation on
20 contracts;
21 (c) the certification process, as specified in section three hundred
22 fourteen of the executive law;
23 (d) how MWBE performance compares to the goals set by the program;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15558-04-8
S. 8880 2
1 (e) how waivers are granted, as specified in subdivisions six and
2 seven of section three hundred thirteen of the executive law;
3 (f) any barriers to businesses owned by a minority and/or woman from
4 becoming MWBE certified, including but not limited to personal net worth
5 and small business thresholds; and
6 (g) examining whether or not the scope of contracts with goals
7 attached should be altered.
8 2. (a) The commission shall be composed of nine voting members. The
9 members, each to serve a term of two years, shall be appointed as
10 follows: three members shall be appointed by the governor, of which one
11 member shall be from the MWBE community to serve as chair of the commis-
12 sion, one member shall be from the legal community with experience in
13 MWBE program enforcement, and one member shall be a local government
14 official from a local government with a local MWBE program; two members
15 shall be appointed by the temporary president of the senate; two members
16 shall be appointed by the speaker of the assembly; one member shall be
17 appointed by the minority leader of the senate; and one member shall be
18 appointed by the minority leader of the assembly.
19 (b) In addition to these voting members, the commission shall have six
20 non-voting, ex officio members. The following government agencies or
21 officials shall appoint one ex officio member each: the state comp-
22 troller; the executive director of the division of minority and women's
23 business development; the chief diversity officer of the state; the
24 metropolitan transportation authority; the dormitory authority of the
25 state of New York; and the port authority of New York and New Jersey.
26 3. The commission shall meet at least six times. The meetings of the
27 commission shall be held at the call of the chairperson or whenever five
28 or more members so request. The locations of the meetings shall provide
29 for practicable representation of different geographic areas of the
30 state. The first meeting shall be within ninety days of the effective
31 date of this section. A majority of the members of the commission shall
32 constitute a quorum. Approval of any matter shall require the affirma-
33 tive vote of a majority of the members voting thereon. Members may
34 designate and authorize another person to act for him or her by proxy.
35 Proxies shall be revocable at the pleasure of the member executing it.
36 4. The deliberations, meetings and other proceedings of the commission
37 and any committee thereof shall be governed by article seven of the
38 public officers law. Any one or more members may participate in a meet-
39 ing by means of a conference telephone, conference video or similar
40 communications equipment allowing all persons participating in the meet-
41 ing to hear each other at the same time. Participation by such means
42 shall constitute presence in person at a meeting. At any meetings of the
43 commission conducted by means of a conference telephone, conference
44 video or similar communications equipment, other than executive
45 sessions, the public shall be given an opportunity to listen. If a meet-
46 ing other than an executive session is to be conducted by means of a
47 conference telephone, conference video or similar communications equip-
48 ment, the public notice for the meeting shall inform the public that
49 such equipment will be used, and identify the means by which the public
50 may listen to such meeting.
51 5. The commission may form such advisory committees as it deems neces-
52 sary, convenient, or desirable to advise and assist in performing the
53 duties conferred by this act.
54 6. The commission shall hold at least four public hearings where
55 members of the public shall be provided an opportunity to present oral
56 and/or written testimony relevant to the commission's mission.
S. 8880 3
1 7. The members of the commission shall receive no compensation for
2 their services, but shall be allowed their actual and necessary expenses
3 incurred in the performance of their duties pursuant to this act. The
4 division of minority and women's business development shall staff the
5 commission and the functions and duties shall be accomplished within
6 available funds appropriated thereto.
7 8. The commission shall issue an interim report to the governor and
8 the legislature of its findings, conclusions and recommendations one
9 year after the effective date of this section and a final report two
10 years after the effective date of this section, and shall submit with
11 such reports such legislative proposals as it deems necessary to imple-
12 ment its recommendations.
13 § 3. The empire state development corporation shall create a fund to
14 promote, establish, and support mentor-protege training programs, and
15 union transition training programs to assist non-union minority and
16 women-owned business enterprises to perform as union contractors. The
17 empire state development corporation shall distribute grants from such
18 fund throughout the state, within each regional economic development
19 council zone, and in proportion to the population of each zone. Such
20 grants shall be eligible and distributed to organizations, including but
21 not limited to, labor-affiliated organizations and community-based
22 organizations through a noncompetitive grant program to be administered
23 by the director of the minority and women's business division within the
24 empire state development corporation. The empire state development
25 corporation shall promulgate rules and regulations for the distribution
26 of such grants, which shall require mentor businesses to demonstrate a
27 tangible benefit to protege businesses.
28 § 4. The sum of twenty-five million dollars ($25,000,000), or so much
29 thereof as may be necessary, is hereby appropriated to the empire state
30 development corporation out of any moneys in the state treasury in the
31 general fund to create a fund to promote, establish, and support
32 mentor-protege training programs and union transition training programs,
33 not otherwise appropriated, and made immediately available, for the
34 purpose of carrying out the provisions of section three of this act.
35 Such moneys shall be payable on the audit and warrant of the comptroller
36 on vouchers certified or approved by the empire state development corpo-
37 ration in the manner prescribed by law.
38 § 5. This act shall take effect immediately; provided, however that
39 sections two, three and four shall take effect on the thirtieth day
40 after this act shall have become a law; provided, further, that section
41 two of this act shall expire and be deemed repealed two years after such
42 section takes effect. Effective immediately, the addition, amendment
43 and/or repeal of any rule or regulation necessary for the implementation
44 of this act on its effective date are authorized to be made and
45 completed on or before such effective date.
