2023 New York Laws › PBA - Public Authorities › Article 5 - Public Utility Authorities › Title 1-A - Long Island Power Authority › 1020-V - Equal Employment Opportunity and Minority and Women Owned Business Enterprise Programs.

* §  1020-v. Equal employment opportunity and minority and women owned
business enterprise programs. 1.  All  contracts  entered  into  by  the
authority  pursuant  to  this title of whatever nature and all documents
soliciting bids or proposals therefor shall contain or make reference to
the following provisions:
(a)  The  contractor  will  not  discriminate  against  employees   or
applicants  for  employment  because  of  race,  creed,  color, national
origin, sex, age, disability, or marital status, and will  undertake  or
continue existing programs of affirmative action to ensure that minority
group   persons   and  women  are  afforded  equal  opportunity  without
discrimination. Such programs shall include,  but  not  be  limited  to,
recruitment, employment, job assignment, promotion, upgrading, demotion,
transfer,   layoff,   termination,  rates  of  pay  or  other  forms  of
compensation, and  selection  for  training  and  retraining,  including
apprenticeship and on-the-job training.
(b) At the request of the authority, the contractor shall request each
employment  agency, labor union, or authorized representative of workers
with which  it  has  a  collective  bargaining  or  other  agreement  or
understanding  and  which is involved in the performance of the contract
with the authority to furnish a written statement that  such  employment
agency,  labor union or representative shall not discriminate because of
race, creed, color, national origin, sex,  age,  disability  or  marital
status  and  that  such  union  or  representative will cooperate in the
implementation of the contractor's obligations hereunder.
(c) The contractor shall state, in all solicitations or advertisements
for  employees  placed  by  or  on  behalf  of  the  contractor  in  the
performance  of  the  contract  with  the  authority  that all qualified
applicants  will  be  afforded  equal  employment  opportunity   without
discrimination because of race, creed, color, national origin, sex, age,
disability or marital status.
(d)  The  contractor  will  include  the  provisions of paragraphs (a)
through (c) of this subdivision in every subcontract or  purchase  order
in  such  a  manner  that  such  provisions  will  be  binding upon each
subcontractor or vendor as to its work in connection with  the  contract
with the authority.
2.  The  authority shall establish measures, procedures and guidelines
to ensure  that  contractors  and  subcontractors  undertake  meaningful
programs  to  employ  and  promote  qualified minority group members and
women. Such procedures may require after notice in a  bid  solicitation,
the  submission  of  a  minority and women workforce utilization program
prior to the award of any contract, or at any time thereafter,  and  may
require  the  submission of compliance reports relating to the operation
and  implementation  of  any  workforce  utilization   program   adopted
hereunder.    The  authority  may take appropriate action, including the
impositions of sanctions for non-compliance to effectuate the provisions
of this section and shall be responsible for monitoring compliance  with
this title.
3. In the performance of projects pursuant to this title, minority and
women-owned  business  enterprises  shall  be  given the opportunity for
meaningful participation. The  authority  shall  establish  quantifiable
standards and 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 projects, so as
to  facilitate  the  award  of  a  fair  share  of  contracts  to   such
enterprises;  provided,  however,  that  nothing  in this title shall be
construed to limit the ability of the authority 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  or other voting interest is owned by citizens or
permanent resident noncitizens who are Black, Hispanic, Asian,  American
Indian, Pacific islander, or Alaskan native, and such ownership interest
is   real,   substantial   and  continuing  and  has  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  to  other  voting interests of which is owned by
citizens or permanent resident  noncitizens  who  are  women,  and  such
ownership  interest  is  real,  substantial  and  continuing and has the
authority to independently control the day to day business decisions  of
the entity for at least one year.
The provisions of this subdivision shall not be construed to limit the
ability of any minority business enterprise to bid on any contract.
4.  In  order  to  implement  the  requirements and objectives of this
section, the authority shall establish procedures to monitor contractors
compliance with  provisions  hereof,  provide  assistance  in  obtaining
competing  qualified  minority  and  women-owned business enterprises to
perform contracts proposed to be awarded, impose  contractual  sanctions
for  non-compliance,  and take other appropriate measures to improve the
access  of  minority  and  women-owned  business  enterprises  to  these
contracts.
* NB There are 2 § 1020-v's