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A01538 Text:

                STATE OF NEW YORK
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 15, 2019
        Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
          tee on Governmental Operations
        AN  ACT  to amend the executive law, in relation to verification of good
          faith by contractors that  request  waivers  of  compliance  with  the
          provisions  of  article 15-A of the executive law relating to minority
          and women-owned business enterprises
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Section 311-a of the executive law is amended by adding a
     2  new subdivision 5 to read as follows:
     3    5. (a) The empire state development corporation,  acting  through  the
     4  statewide  advocate, shall retain one or more  independent MWBE consult-
     5  ant firms to review all partial or total waivers of compliance requested
     6  by contractors pursuant to section three hundred thirteen of this  arti-
     7  cle,  regardless of whether such waivers were granted by the contracting
     8  agency. The MWBE consultant firms shall examine the circumstances  under
     9  which  each  waiver  was  requested, and, if applicable, granted, verify
    10  whether the contractor has made the request for the waiver in good faith
    11  and report their findings to the statewide advocate.
    12    (b) The findings of the MWBE consultant firms shall  be  published  on
    13  the website of the statewide advocate and updated on a monthly basis.
    14    §  2.  This  act shall take effect on the ninetieth day after it shall
    15  have become a law; provided, however, that  the  amendments  to  section
    16  311-a  of  the  executive  law made by section one of this act shall not
    17  affect the expiration of such section and shall be deemed expired there-
    18  with.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
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