2023 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 noncitizens
  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 noncitizens 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.