Relates to the publication of information regarding waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements

Title of bill

An act to amend the executive law and the labor 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

The purpose of this bill is to allow the public to see which contracts have been waived.

Summary of specific provisions

Section 1

(a) if it appears that a contractor cannot comply with the minority and women-owned business enterprise participation requirements set forth in a particular contract, the contractor may file a written application with the contracting agency requesting a partial or total waiver of such requirements, setting forth their inability to meet any requirements with an explanation of the efforts the contractor has undertaken.

(b) Within 30 days of the issuance of the waiver of compliance the contracting agency shall report the waiver to the department of labor and to the director of the division of minority and women's business development in the department of economic development and to publish the information

Section 2

To file a complaint where the director has knowledge that a contractor may have violated the provisions that were unrelated, separate or distinct from the state contract as expressed by its terms and to streamline the state certification process to accept federal and municipal corporation certifications and to keep record of partial and total waivers issued

Section 3 where section 21 of the labor law is amended stating that they shall compile on an annual basis, a list of waivers of compliance with state contract provisions concerning minority and women-owned business enterprise participation requirements

Justification

In order to support the participation goals for minority and women-owned business enterprises (MBEs) throughout New York State, this bill aims to ensure that a good faith effort has been made to comply participation requirements set forth in a particular state contract in order to receive partial or total waivers in the event that there is not reasonable availability of MWBE contractors, and that the issuance of these waivers will be published in order to provide better transparency and accountability.

Prior legislative history

None

Fiscal implications

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 made to subdivisions 6 of section 313 of the executive law by section one of this act shall not affect the expiration of such section and shall be deemed expired therewith; b. The amendments made to subdivision 3 of section 311 of the executive law by section two of this act shall not affect the expiration of such section and shall be deemed expired therewith; and c. The director of the division of minority and women's business development and the commissioner of labor shall immediately promulgate rules and regulations and take all other necessary actions to implement the provisions of this act on or before such effective date