A 333: Directs contracting state agencies to develop a growth plan in order to increase participation of minority- and women-owned businesses with respect to state contracts and subcontracts which includes an analyses of the use of discretionary buying.

  
  STATE OF NEW YORK ________________________________________________________________________ 333 2025-2026 Regular Sessions  IN ASSEMBLY (Prefiled) January 8, 2025 ___________ Introduced by M. of A. CRUZ -- read once and referred to the Committee on Governmental Operations AN ACT to amend the executive law, in relation to directing contracting state agencies to develop a growth plan in order to increase partic- ipation of MWBEs with respect to state contracts and subcontracts The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Paragraph (d-1) of subdivision 3 of section 311 of the 2 executive law, as added by chapter 96 of the laws of 2019, is amended to 3 read as follows: 4 (d-1) to require all contracting state agencies to develop a [four- 5 year] three-year growth plan to determine a means of promoting and 6 increasing participation by minority-owned and women-owned business 7 enterprises with respect to state contracts and subcontracts. Every 8 [four] three years, beginning September fifteenth, two thousand twenty, 9 each contracting state agency shall submit a [four-year] three-year 10 growth plan as part of its annual report to the governor and legislature 11 pursuant to section one hundred sixty-four of this chapter. Such growth 12 plans shall include, but not be limited to, an analysis of the contract- 13 ing agency's use of discretionary buying in accordance with subdivision 14 six of section one hundred sixty-three of the state finance law and what 15 percentage of total commodities and service purchases within the discre- 16 tionary buying dollar threshold are awarded to certified minority-owned 17 and women-owned business enterprises pursuant to that authorization and 18 whether this authorization can be used to increase participation by 19 minority-owned and women-owned business enterprises, an analysis of how 20 the contracting agency can use the empire state development corpo- 21 ration's and the division's resources to facilitate additional minori- 22 ty-owned and women-owned business enterprise participation and any 23 recommendations for programmatic modifications that would make those EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01228-01-5 
 A. 333 2 1 resources easier to use, an analysis of what steps the contracting agen- 2 cy plans to take to improve minority-owned and women-owned business 3 enterprise capacity to participate in additional contracts and become 4 viable bidders for larger contracts, an explanation of how the contract- 5 ing agency is debriefing minority-owned and women-owned business enter- 6 prises that lose bids and how that process can improve, and an analysis 7 of the types of contracts where waivers are being granted and steps the 8 state can take to reduce the need for waivers over the course of the 9 growth plan. 10 § 2. Subdivision 5 of section 315 of the executive law, as amended by 11 chapter 96 of the laws of 2019, is amended to read as follows: 12 5. Each agency shall include in its annual report to the governor and 13 legislature pursuant to section one hundred sixty-four of this chapter: 14 (a) its annual goals for contracts with minority-owned and women-owned 15 business enterprises; (b) the number of actual contracts issued to 16 minority-owned and women-owned business enterprises; (c) a summary of 17 all waivers of the requirements of subdivisions six and seven of section 18 three hundred thirteen of this article allowed by the reporting agency 19 during the preceding year, including a description of the basis of the 20 waiver request and the rationale for granting such waiver; (d) whether 21 or not it has been required to prepare a remedial plan, and, if so, the 22 plan and the extent to which the agency has complied with each element 23 of the plan; (e) which expenditures are exempt from participation goals 24 and the rationale for such exemption; and (f) every [four] three years, 25 beginning September fifteenth, two thousand twenty, each agency shall 26 include in such annual report its [four-year] three-year growth plan 27 pursuant to section three hundred eleven of this article. 28 § 3. This act shall take effect on the ninetieth day after it shall 29 have become a law; provided, however, the amendments to sections 311 and 30 315 of the executive law made by sections one and two of this act 31 respectively, shall not affect the repeal of such sections and shall be 32 deemed repealed therewith.