Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority-owned and women-owned business enterprise participation requirements.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A7689
SPONSOR: Pichardo TITLE OF BILL:
An act to amend the executive law, in relation to the publication of
information regarding waivers of compliance with state contract
provisions concerning minority and women-owned business enterprise
participation requirements
PURPOSE OR GENERAL IDEA OF BILL:
This bill increases transparency by requiring that waivers of compliance
be placed in a location that is accessible to the general public and
whether it is a partial or total waiver.
SUMMARY OF PROVISIONS:
Section 1. Amends the Executive Law to require that if a contracting
State agency issues a MWBE compliance waiver, the issued waiver must be
published on their website, in a location that is easily accessible to
the public; and must include whether the compliance waiver was a partial
or total waiver.
Section 2. Sets forth the effective date.
JUSTIFICATION:
This bill would require upon the issuance of any waiver of compliance
with an MWBE state contract, that the agency disclose whether it is a
partial or total waiver, and make the information easily accessible. In
order to increase transparency and the efficacy of the MWBE program,
this bill is aimed at ensuring access to this important information.
PRIOR LEGISLATIVE HISTORY:
New legislation
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
None
EFFECTIVE DATE:
This act shall take effect on the sixtieth day after it shall have
become a law; provided, however, that: a. The amendments to subdivision
6 of section 313 of the executive law made by section one of this act
shall not affect the expiration of article 15-a of such law and shall be
deemed to expire therewith; and b. Effective immediately, the addition,
amendment and/or repeal of any rule or regulation necessary for the
implementation of this act on its effective date are authorized to be
made and completed on or before such effective date.
STATE OF NEW YORK
________________________________________________________________________
7689
2021-2022 Regular Sessions
IN ASSEMBLY
May 19, 2021
___________
Introduced by M. of A. PICHARDO -- read once and referred to the Commit-
tee on Governmental Operations
AN ACT to amend the executive law, in relation to the publication of
information regarding waivers of compliance with state contract
provisions concerning minority and women-owned business enterprise
participation requirements
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Paragraph (b) of subdivision 6 of section 313 of the execu-
2 tive law, as amended by chapter 96 of the laws of 2019, is amended to
3 read as follows:
4 (b) Upon the issuance of all waivers of compliance as provided in
5 paragraph (a) of this subdivision, the contracting agency shall: (i)
6 report the issuance of the waiver to the director; and (ii) publish on
7 the contracting agency's website on a monthly basis, if practicable, but
8 no less than on a quarterly basis, in a location easily accessible to
9 the general public: (1) information identifying the contract, including
10 the value of the contract; (2) the name of the contractor receiving the
11 waiver; (3) the date of the waiver; [and] (4) whether the waiver was a
12 partial or total waiver; and (5) the specific contract provisions to
13 which the waiver applies.
14 § 2. This act shall take effect on the sixtieth day after it shall
15 have become a law; provided, however, that:
16 a. the amendments to subdivision 6 of section 313 of the executive law
17 made by section one of this act shall not affect the expiration of arti-
18 cle 15-A of such law and shall be deemed to expire therewith; and
19 b. Effective immediately, the addition, amendment and/or repeal of any
20 rule or regulation necessary for the implementation of this act on its
21 effective date are authorized to be made and completed on or before such
22 effective date.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07939-04-1
