2023 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  noncitizens  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  noncitizens  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.