Requires an annual report on state agency utilization of minority and women-owned business enterprises detailing expenditure totals and percentages and whether agency MWBE participation goals were achieved.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7121A
SPONSOR: Bichotte Hermelyn TITLE OF BILL:
An act to amend the executive law, in relation to requiring the division
of minority and women's business development to prepare and release an
annual report on state agency utilization; and providing for the repeal
of such provisions upon expiration thereof
PURPOSE OR GENERAL IDEA OF BILL:
This bill would require the Division of Minority and Women's Business
Development to publish an annual report on state agency utilization of
minority- and women-owned business enterprises.
SUMMARY OF SPECIFIC PROVISIONS:
Section one adds a new section 313-b to the Executive Law requiring the
Division of Minority and Women's Business Development to prepare and
release on its website an annual report concerning state agency utiliza-
tion of MWBEs. The report must be based on actual payments or expendi-
tures, to the extent such data is available, and must measure each agen-
cy's utilization of certified MWBEs against applicable participation
goals established under Article 15-A.
- The report may include aggregate utilization information for minori-
ty-owned business enterprises, women-owned business enterprises, and
MWBEs across major industry categories, provided such reporting is
consistent with Article 15-A and applicable state or federal law.
- For each agency, the report must state the total dollar amount of
MWBEeligible spending, total actual MWBE spending, the percentage of
eligible spending represented by actual payments to certified MWBEs,
whether the agency met, exceeded, or failed to meet applicable MWBE
participation goals, the nature of the majority of spending, and, where
available, a comparison of the agency's prior fiscal year actual spend-
ing with the three previous fiscal years.
- The bill authorizes the Division to consult with the Office of the
State Comptroller and other state agencies as necessary to obtain
contract, payment, or expenditure data, and clarifies that nothing in
the section requires disclosure of confidential, proprietary, or other-
wise protected information.
Section two provides that the act shall take effect on the first of
April next succeeding the date on which it becomes law, and that the new
section shall expire and be deemed repealed with Article 15-A of the
Executive Law.
JUSTIFICATION:
In order to achieve goals set forth by minority and women-owned business
programs, it is crucial that the state analyze and report a series of
metrics to understand whether such programs and practices are proven
successful. This bill would allow for future minority and women-owned
business enterprises to have tangible evidence of the success of the
programs and would allow for the state and municipal corporations to set
further goals or enhance the requirements of respective programs there-
of.
PRIOR LEGISLATIVE HISTORY:
01/03/24 referred to governmental operations
02/08/23 referred to governmental operations
2021-22: A06369, referred to government operations
2019-20: A2511; Referred to government operations
2017-18: A9889; Referred to government operations
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
This act shall take effect on the first of April next succeeding the
date upon which it shall have become a law and shall expire on the same
date as article 15-A of the executive law expires as provided in section
121 of chapter 261 of the laws of 1988, as amended, when upon such date
the provisions of this act shall be deemed repealed.
STATE OF NEW YORK
________________________________________________________________________
7121--A
2025-2026 Regular Sessions
IN ASSEMBLY
March 20, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, McDONALD, GIBBS, DAVILA --
read once and referred to the Committee on Governmental Operations --
recommitted to the Committee on Governmental Operations in accordance
with Assembly Rule 3, sec. 2 -- committee discharged, bill amended,
ordered reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, in relation to requiring the division
of minority and women's business development to prepare and release an
annual report on state agency utilization; and providing for the
repeal of such 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 executive law is amended by adding a new section 313-b
2 to read as follows:
3 § 313-b. Annual minority and women-owned business enterprise utiliza-
4 tion report. 1. The division of minority and women's business develop-
5 ment shall prepare and release on its website an annual report concern-
6 ing state agency utilization of minority and women-owned business
7 enterprises pursuant to this article. The report shall be based on actu-
8 al payments or expenditures, to the extent such data is available, and
9 shall measure each agency's utilization of certified minority and
10 women-owned business enterprises against applicable participation goals
11 established pursuant to this article.
12 2. The report required by this section may include aggregate informa-
13 tion concerning utilization by minority-owned business enterprises,
14 women-owned business enterprises, and minority and women-owned business
15 enterprises across major industry categories, provided that such infor-
16 mation shall be reported in a manner consistent with this article and
17 any applicable state or federal law.
18 3. For each agency, the report shall state the following:
19 (a) the total dollar amount of the agency's M/WBE-eligible spending;
20 (b) the total amount of the agency's actual M/WBE spending;
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10437-02-6
A. 7121--A 2
1 (c) the percentage of eligible spending represented by actual payments
2 made to certified minority and women-owned business enterprises;
3 (d) whether the agency met, exceeded, or failed to meet its applicable
4 minority and women-owned business enterprise participation goals;
5 (e) the nature of the majority of the spending, specifying whether the
6 spending was for construction services, construction-related services,
7 non-construction services, commodities or professional services; and
8 (f) Where such data is available, a comparison of the agency's prior
9 fiscal year actual spending amount with the amounts spent by the agency
10 during the three previous fiscal years, noting the increase or decrease
11 from year to year.
12 4. The division may consult with the office of the state comptroller
13 and any other state agency as necessary to obtain contract, payment, or
14 expenditure data relevant to the preparation of the report.
15 5. Nothing in this section shall be construed to require the disclo-
16 sure of confidential, proprietary, or otherwise protected information.
17 § 2. This act shall take effect on the first of April next succeeding
18 the date upon which it shall have become a law; provided, however, that
19 the provisions of section 313-b of the executive law as added by
20 section one of this act shall not affect the expiration and repeal of
21 article 15-A of the executive law and shall be deemed repealed there-
22 with.
