N.Y. Environmental Conservation Law § 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.