What's happening
This bill requires state agencies to submit more detailed, three-year growth plans to increase MWBE participation in state contracts.
Why it matters
Adds detailed requirements for agency growth plans. Agencies must now analyze how they use discretionary buying, specifically tracking what proportion of such purchases go to certified MWBEs, and identify ways to use this authority to boost MWBE participation.
Mandates evaluation of support programs and resources. Each agency must assess how state resources (like those from Empire State Development and the Division of Minority and Women’s Business Development) could be more accessible and effective for MWBEs, and recommend improvements.
Requires deeper analysis of barriers and agency practices. Agencies must report on how they help MWBEs build capacity for larger contracts, improve their debriefing processes for unsuccessful MWBE bidders, and examine where and why waivers from MWBE requirements are granted, aiming to reduce future waivers.
Shortens growth plan cycle and increases accountability. By shifting from a four-year to a three-year planning and reporting cycle, the bill aims to promote more frequent assessment and quicker implementation of strategies to increase MWBE participation in state contracting.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Contracting state agencies
The bill would replace four-year MWBE growth plans with three-year plans and require analyses of discretionary buying, business capacity, bid debriefings and waivers.
Minority-owned and women-owned businesses
Agencies would have to identify steps to help MWBEs compete for more and larger contracts and explain how debriefings for unsuccessful bidders could improve.
Empire State Development Corporation
Agencies would have to assess how its resources could increase MWBE participation and recommend changes to make those resources easier to use.
Governor and Legislature
They would receive expanded MWBE growth plans through agency annual reports every three years rather than every four years.
Headline styles
Grow MWBE State Contracting
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Substituted by S1218
- Ordered to third reading rules cal.280
- Rules report cal.280
- Reported
- Reported referred to rules
- Referred to governmental operations
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Boost MWBE State Contracts
Vetoed · Sponsor Jamaal Bailey
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
333
2025-2026 Regular Sessions
IN ASSEMBLY (Prefiled)
January 8, 2025
Introduced by M. of A. CRUZ -- read once and referred to the Committee on Governmental Operations
AN ACT to amend the executive law, in relation to directing contracting state agencies to develop a growth plan in order to increase participation of MWBEs with respect to state contracts and subcontracts
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Paragraph (d-1) of subdivision 3 of section 311 of the executive law, as added by chapter 96 of the laws of 2019, is amended to read as follows:
(d-1) to require all contracting state agencies to develop a [fouryear] three-year growth plan to determine a means of promoting and increasing participation by minority-owned and women-owned business enterprises with respect to state contracts and subcontracts. Every [four] three years, beginning September fifteenth, two thousand twenty, each contracting state agency shall submit a [four-year] three-year growth plan as part of its annual report to the governor and legislature pursuant to section one hundred sixty-four of this chapter. Such growth plans shall include, but not be limited to, an analysis of the contracting agency's use of discretionary buying in accordance with subdivision six of section one hundred sixty-three of the state finance law and what percentage of total commodities and service purchases within the discretionary buying dollar threshold are awarded to certified minority-owned and women-owned business enterprises pursuant to that authorization and whether this authorization can be used to increase participation by minority-owned and women-owned business enterprises, an analysis of how the contracting agency can use the empire state development corporation's and the division's resources to facilitate additional minority-owned and women-owned business enterprise participation and any recommendations for programmatic modifications that would make those
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01228-01-5
resources easier to use, an analysis of what steps the contracting agency plans to take to improve minority-owned and women-owned business enterprise capacity to participate in additional contracts and become viable bidders for larger contracts, an explanation of how the contracting agency is debriefing minority-owned and women-owned business enterprises that lose bids and how that process can improve, and an analysis of the types of contracts where waivers are being granted and steps the state can take to reduce the need for waivers over the course of the growth plan.
§ 2. Subdivision 5 of section 315 of the executive law, as amended by chapter 96 of the laws of 2019, is amended to read as follows:
5. Each agency shall include in its annual report to the governor and legislature pursuant to section one hundred sixty-four of this chapter: (a) its annual goals for contracts with minority-owned and women-owned business enterprises; (b) the number of actual contracts issued to minority-owned and women-owned business enterprises; (c) a summary of all waivers of the requirements of subdivisions six and seven of section three hundred thirteen of this article allowed by the reporting agency during the preceding year, including a description of the basis of the waiver request and the rationale for granting such waiver; (d) whether or not it has been required to prepare a remedial plan, and, if so, the plan and the extent to which the agency has complied with each element of the plan; (e) which expenditures are exempt from participation goals and the rationale for such exemption; and (f) every [four] three years, beginning September fifteenth, two thousand twenty, each agency shall include in such annual report its [four-year] three-year growth plan pursuant to section three hundred eleven of this article.
§ 3. This act shall take effect on the ninetieth day after it shall have become a law; provided, however, the amendments to sections 311 and 315 of the executive law made by sections one and two of this act respectively, shall not affect the repeal of such sections and shall be deemed repealed therewith.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.