NY Transp L § 428 (2021)
2021 New York Laws TRA - Transportation Article 17 - Implementation of the Rebuild New York Through Transportation Infrastructure Renewal Bond Act of 1983 428 - Minority and Women-Owned Business Enterprise Program.

§ 428. Minority   and  women-owned  business  enterprise  program.  1.   Federal  assistance  projects.  Where  a  transportation  infrastructure   renewal  project  or  municipal  transportation  infrastructure  project   involving federal assistance is undertaken to effectuate the  provisions   of  this  article,  applicable federal laws relative to participation of   minority and women-owned business enterprises shall apply.2. Other transportation infrastructure renewal  projects.  a.  In  the   performance  of transportation infrastructure renewal projects, minority   and women-owned business enterprises shall be given the opportunity  for   meaningful  participation.  The  governor  shall  establish measures and   procedures  to  secure  meaningful  participation  and  identify   those   contracts  and items of work for which minority and women-owned business   enterprises may best bid  to  actively  and  affirmatively  promote  and   assist   their   participation  in  the  department's  construction  and   procurement program for transportation infrastructure renewal  projects,   so  as  to  facilitate  the  award  of a fair share of contracts to such   enterprises; provided, however, that nothing in this  article  shall  be   construed  to limit the ability of the governor to assure that qualified   minority and women-owned business enterprises  may  participate  in  the   transportation  infrastructure  renewal  program.   For purposes hereof,   minority business enterprise shall mean any business enterprise which is   at least fifty-one per centum owned by, or in the  case  of  a  publicly   owned  business,  at least fifty-one per centum of the stock of which is   owned by citizens or permanent resident aliens who are Black,  Hispanic,   Asian   or  American  Indian,  and  such  ownership  interest  is  real,   substantial and continuing; and women-owned  business  enterprise  shall   mean  any  business  enterprise  which  is at least fifty-one per centum   owned by, or in  the  case  of  a  publicly  owned  business,  at  least   fifty-one  per  centum  of  the  stock  of which is owned by citizens or   permanent resident aliens who are women, and such ownership interest  is   real, substantial and continuing.The  provisions  of this paragraph shall not be construed to limit the   ability of any minority business enterprise to bid on any contract.b. In  the  implementation  of  this  section,  the  department  shall   consider  compliance  by  any  contractor  with  the requirements of any   federal,  state,  or  local  law  concerning  minority  and  women-owned   business  enterprises,  which  may  effectuate  the requirements of this   section. If the department determines that by virtue of  the  imposition   of  the  requirements  of  any  such  law, in respect to capital project   contracts, the provisions thereof duplicate or conflict with  such  law,   the department may waive the applicability of this section to the extent   of such duplication or conflict.c.  Nothing  in  this  section shall be deemed to require that overall   state  and  federal  requirements  for  participation  of  minority  and   women-owned  business  enterprises  in  programs  authorized  under this   article be applied without regard to local circumstances to all projects   or in all communities.3. In order to implement  the  requirements  and  objectives  of  this   section,   the  governor  shall  establish  procedures  to  monitor  the   contractors' compliance with provisions hereof,  provide  assistance  in   obtaining   competing   qualified   minority  and  women-owned  business   enterprises to perform contracts proposed to be awarded, and take  other   appropriate  measures  to improve the access of minority and women-owned   business enterprises to these contracts.