NY Env Conserv L § 52-0113 (2021)
2021 New York Laws ENV - Environmental Conservation Article 52 - Implementation of Environmental Quality Bond Act of 1986 Title 1 - General Provisions 52-0113 - Minority and Women-Owned Business Enterprise Program.

§ 52-0113. Minority and women-owned business enterprise program.1. a. In the performance of projects pursuant to this article minority   and  women-owned business enterprises shall be given the opportunity for   meaningful participation. The department or the office  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 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  department or office to assure that qualified minority   and women-owned business enterprises may participate in the 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, Pacific Islander or Alaskan   natives and such ownership interest is real, substantial and  continuing   and  have the authority to independently control the day to day business   decisions of the entity for at least one year; 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 and have the   authority to independently control the day to day business decisions  of   the entity for at least one year.The  provisions  of this paragraph shall not be construed to limit the   ability of any minority or women-owned business enterprise to bid on any   contract.b. In the implementation of this section, the department or the office   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 or the office 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.2.  In  order  to  implement  the  requirements and objectives of this   section, the department and the office  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.