Expand MWBE Report Details

Section 1. Subdivision 4 of section 315 of the executive law, as amended by chapter 96 of the laws of 2019, is amended to read as follows:

4. The division of minority and women's business development shall issue an annual report which: (a) summarizes the report submitted by each contracting agency pursuant to subdivision three of this section; (b) contains such comparative or other information as the director deems appropriate, including but not limited to goals compared to actual participation of minority and women-owned business enterprises in state contracting and a listing of annual participation rates for each agency, the total number of certified minority and women-owned businesses for that reporting year, and the total dollar value of state expenditures on certified minority and women-owned business contracts and subcontracts for that reporting year, to evaluate the effectiveness of the activities undertaken by each such contracting agency to promote increased participation by certified minority or women-owned businesses with respect to state contracts and subcontracts; (c) contains a summary of all waivers of the requirements of subdivisions six and seven of section three hundred thirteen of this article allowed by each contracting agency during the period covered by the report, including a description of the basis of the waiver request and the contracting agency's rationale for granting any such waiver; (d) describes any efforts to create a database or other information storage and retrieval system containing information

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD03240-01-5

relevant to contracting with minority and women-owned business enterprises; [and] (e) contains a summary of (i) all determinations of violations of this article by a contractor or a contracting agency made during the period covered by the annual report pursuant to section three hundred sixteen-a of this article and (ii) the penalties or sanctions, if any, assessed in connection with such determinations and the rationale for such penalties or sanctions; (f) contains reports on contracts by ethnicity, gender, industry, prime contractor or subcontractor, contract type, such as construction, goods and purchase, professional or standard services, and value of contract; and (g) contains a summary of all certified minority and women-owned business enterprises, categorized by ethnicity and gender. For purposes of this subdivision "ethnicity" shall mean the same as minority group member as defined by subdivision eight of section three hundred ten of this article, and shall include caucasian women. Copies of the annual report shall be provided to the commissioner, the governor, the comptroller, the temporary president of the senate, the speaker of the assembly, the minority leader of the senate, the minority leader of the assembly and shall also be made widely available to the public via, among other things, publication on a website maintained by the division of minority and women's business development.

§ 2. This act shall take effect immediately; provided, however, that the amendments to section 315 of the executive law, made by section one of this act, shall not affect the repeal of such section and shall be deemed repealed therewith.