NY Exec L § 311 (2021)
2021 New York Laws EXC - Executive Article 15-A - Participation by Minority Group Members and Women With Respect to State Contracts 311 - Division of Minority and Women's Business Development.

* § 311. Division of minority and women's business development. 1. The head  of the division of minority and women's business development shall be the director who shall be appointed by the governor and  hold  office at  the  pleasure  of  the  commissioner.  It  shall  be the duty of the director of the division of minority and women's business development to assist the governor in the formulation and implementation  of  laws  and policies relating to minority and women-owned business enterprises.   2.  The  director  may  appoint  such  deputies, assistants, and other employees as may be needed for the performance of the duties  prescribed herein  subject to the provisions of the civil service law and the rules and regulations of  the  civil  service  commission.  The  director  may request  and shall receive from any department, division, board, bureau, executive commission or agency of the state such assistance  as  may  be necessary to carry out the provisions of this article.   3. The director shall have the following powers and duties:  (a)  to  encourage and assist contracting agencies in their efforts to increase participation by minority and women-owned business  enterprises on  state  contracts and subcontracts so as to facilitate the award of a fair share of such contracts to them;  (b) to develop standardized forms and reporting documents necessary to implement this article;  (c) to conduct educational programs consistent with  the  purposes  of this article;  (d)  to  review  periodically  the  practices  and  procedures of each contracting agency with respect to compliance  with  the  provisions  of this  article,  and  to  require  them to file periodic reports with the division of minority and women's business development as to the level of minority and  women-owned  business  enterprises  participation  in  the awarding of agency contracts for goods and services;  (d-1) to require all contracting state agencies to develop a four-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 years, beginning September fifteenth, two  thousand  twenty,  each  contracting state  agency shall submit a four-year growth plan as part of its annual report to the governor and legislature pursuant to section  one  hundred sixty-four of this chapter.  (e)  on  January  first  of  each  year report to the governor and the chairpersons  of  the  senate  finance  and  assembly  ways  and   means committees on the level of minority and women-owned business enterprises participating  in  each agency's contracts for goods and services and on activities of the office  and  effort  by  each  contracting  agency  to promote  employment  of minority group members and women, and to promote and increase participation by certified businesses with respect to state contracts and subcontracts so as to facilitate the award of a fair share of state contracts to such businesses. The comptroller shall assist  the division  in  collecting  information  on the participation of certified business for each contracting agency.  Such  report  may  recommend  new activities and programs to effectuate the purposes of this article;  (f)  to  prepare  and  update,  no  less than annually, a directory of certified minority and women-owned  business  enterprises  which  shall, wherever  practicable,  be  divided  into categories of labor, services, supplies, equipment, materials and recognized  construction  trades  and which  shall  indicate  areas  or  locations  of  the  state  where such enterprises are available to perform services;  (g) to appoint independent hearing officers who by contract  or  terms of  employment  shall  preside  over  adjudicatory  hearings pursuant to  section three hundred fourteen of this article for the  office  and  who are assigned no other work by the office;  (h)  notwithstanding  the provisions of section two hundred ninety-six of this chapter, to file a  complaint  pursuant  to  the  provisions  of section  two hundred ninety-seven of this chapter where the director has knowledge  that  a  contractor  may  have  violated  the  provisions  of paragraph  (a),  (b)  or  (c)  of subdivision one of section two hundred ninety-six of this chapter where such violation is  unrelated,  separate or distinct from the state contract as expressed by its terms; and  (i)  to  streamline  the state certification process to accept federal and municipal corporation certifications;  (j) to make publicly available records of all  waivers  of  compliance reported  pursuant  to paragraph (b) of subdivision six of section three hundred thirteen of this article on the division's website.   4. The director shall provide assistance to, and facilitate access  to programs  serving  certified  businesses as well as applicants to ensure that such businesses benefit, as needed, from technical, managerial  and financial,   and   general  business  assistance;  training;  marketing; organization  and  personnel  skill  development;   project   management assistance;   technology   assistance;   bond  and  insurance  education assistance; and other  business  development  assistance.  The  director shall  maintain  a  toll-free  number  at  the  department  of  economic development  to  be  used  to  answer  questions  concerning  the   MWBE certification   process.   In   addition,   the   director  may,  either independently or in conjunction with other state agencies:  (a) develop a clearinghouse of information on  programs  and  services provided by entities that may assist such businesses;  (b)  review  bonding and paperwork requirements imposed by contracting agencies that may unnecessarily impede the ability of such businesses to compete; and  (c) seek to maximize utilization by minority and women-owned  business enterprises  of available federal resources including but not limited to federal grants,  loans,  loan  guarantees,  surety  bonding  guarantees, technical  assistance,  and  programs  and services of the federal small business administration.  (d) conduct outreach events, training workshops, seminars,  and  other such  educational  programs throughout the state, including all regional offices, to state agencies, external stakeholders, and  the  public,  to promote  awareness  and utilization of minority and women-owned business enterprises; and  (e) identify and establish mentorship opportunities and other business development programs to increase capacity and better prepare  MWBEs  for bidding  on  contracts with state agencies upon successful completion of the mentorship  opportunity.  Such  mentorship  opportunities  shall  be intended  to  ensure  that  mentor  and  mentee are connected based on a commercially useful function.   * NB Repealed December 31, 2024