BILL NUMBER: S1218
SPONSOR: BAILEY
 
TITLE OF BILL:
An act to amend the executive law, in relation to directing contracting
state agencies to develop a growth plan in order to increase partic-
ipation of MWBEs with respect to state contracts and subcontracts
 
PURPOSE:
This bill increases Minority and Women-Owned Business Enterprise partic-
ipation in state contracts by requiring state agencies to develop a
three-year growth plan that determines ways that most effectively allow
for this increase to occur.
 
SUMMARY OF PROVISIONS:
The bill requires all contracting state agencies to develop a three-year
growth plan to determine a means of promoting MWBE participation, and to
then submit it to the Governor and the Legislature as part of New York
State's yearly annual report. Among other things, the growth plan will
include an analysis of the contracting agency's use of discretionary
buying, an analysis of how the contracting agency can use the empire
state development corporation and the division's resources to facilitate
additional MWBE-owned enterprise participation in contracting, an analy-
sis of what steps the contracting agency plans to improve MWBE's so they
can bid for larger contracts, an explanation of how the contracting
agency is debriefing MWBE's that lose bids and how their bidding 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 waiv-
ers over the course of the growth plan. This report should also specify
the number of actual contracts issues to MWEE's for that year.
 
JUSTIFICATION:
To achieve the proposed MWBE goals previously outlined by Governor
Hochul, it is critical that each agency produces a publicly known plan
of action on how it will achieve MWBE funding and procurement. Such a
plan should include recommendations for outreach, funding support,
training and development, joint venture collaboration, and calendars.
The plan needs to be submitted and approved by the appropriate legisla-
tive committees impacted by said agency to ensure that it is a viable
plan of action to achieve MWEE participation and success.
 
LEGISLATIVE HISTORY:
2021-22: Passes Senate
2023-24: Passed Senate
 
FISCAL IMPLICATIONS:
To be determined.
 
LOCAL FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
Ninety days after becoming a law, with provisions.

Statutes affected:
S1218: 311 executive law, 311(3) executive law, 315 executive law, 315(5) executive law