A 5348: Authorizes certain business enterprise subcontractors who seek to do work with not-for-profit corporations to receive MWBE certification if certain criteria is met; imposes a $50,001 limit on the provision of such services or work; makes related provisions.

  
  STATE OF NEW YORK ________________________________________________________________________ 5348 2025-2026 Regular Sessions  IN ASSEMBLY February 13, 2025 ___________ Introduced by M. of A. RAJKUMAR -- read once and referred to the Commit- tee on Governmental Operations AN ACT to amend the executive law, in relation to exempting certain business enterprise subcontractors who seek to do work with not-for- profit corporations from certain requirements The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 314 of the executive law is amended by adding a new 2 subdivision 2-d to read as follows: 3 2-d. (a) The director shall establish a procedure enabling the office 4 to accept business enterprise subcontractor verification for minority 5 and women-owned business enterprise applicants who apply to do work for 6 non-for-profit corporations in lieu of requiring such business enter- 7 prise subcontractor to complete the state certification process. The 8 director shall promulgate rules and regulations to set forth criteria 9 for the acceptance of such business enterprise subcontractor certif- 10 ication. 11 (b) All business enterprise subcontractor certifications shall require 12 business enterprises who apply to do work for not-for-profit corpo- 13 rations and seek certification to meet the following standards: 14 (i) have at least fifty-one percent ownership by a minority or a 15 women-owned enterprise and be owned by United States citizens or perma- 16 nent resident noncitizens; 17 (ii) be an enterprise in which the minority and/or women-ownership 18 interest is real, substantial and continuing; 19 (iii) be an enterprise in which the minority and/or women-ownership 20 has and exercises the authority to control independently the day-to-day 21 business decisions of the enterprise; 22 (iv) be an enterprise authorized to do business in this state; 23 (v) be subject to a physical site inspection to verify the fifty-one 24 percent ownership requirement; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08625-01-5 
 A. 5348 2 1 (vi) be owned by an individual or individuals, whose ownership, 2 control and operation are relied upon for certification, with a personal 3 net worth that does not exceed fifteen million dollars and such other 4 amount as the director shall set forth in regulations, as adjusted annu- 5 ally for inflation according to the consumer price index; 6 (vii) be an enterprise that is a small business pursuant to subdivi- 7 sion twenty of section three hundred ten of this article; 8 (viii) services and/or the work being performed are at a cost of less 9 than fifty thousand one dollars; 10 (ix) have not received such exemption more than three times in the 11 preceding twelve calendar months; and 12 (x) comply with any reporting requirements pursuant to this article. 13 § 2. This act shall take effect immediately, provided however, the 14 amendments to article 15-A of the executive law made by section one of 15 this act shall not affect the expiration of such article and shall be 16 deemed repealed therewith.