N.Y. Executive Law § 311: Division of minority and women's business development

* § 311. Division of minority and women's business development. 1. The

head of the division of minority and women's business development shall

be the director who shall be appointed by the governor and hold office

at the pleasure of the commissioner. It shall be the duty of the

director of the division of minority and women's business development to

assist the governor in the formulation and implementation of laws and

policies relating to minority and women-owned business enterprises.

2. The director may appoint such deputies, assistants, and other

employees as may be needed for the performance of the duties prescribed

herein subject to the provisions of the civil service law and the rules

and regulations of the civil service commission. The director may

request and shall receive from any department, division, board, bureau,

executive commission or agency of the state such assistance as may be

necessary to carry out the provisions of this article.

3. The director shall have the following powers and duties:

(a) to encourage and assist contracting agencies in their efforts to

increase participation by minority and women-owned business enterprises

on state contracts and subcontracts so as to facilitate the award of a

fair share of such contracts to them;

(b) to develop standardized forms and reporting documents necessary to

implement this article;

(c) to conduct educational programs consistent with the purposes of

this article;

(d) to review periodically the practices and procedures of each

contracting agency with respect to compliance with the provisions of

this article, and to require them to file periodic reports with the

division of minority and women's business development as to the level of

minority and women-owned business enterprises participation in the

awarding of agency contracts for goods and services;

(d-1) to require all contracting state agencies to develop a four-year

growth plan to determine a means of promoting and increasing

participation by minority-owned and women-owned business enterprises

with respect to state contracts and subcontracts. Every four years,

beginning September fifteenth, two thousand twenty, each contracting

state agency shall submit a four-year growth plan as part of its annual

report to the governor and legislature pursuant to section one hundred

sixty-four of this chapter.

(e) on January first of each year report to the governor and the

chairpersons of the senate finance and assembly ways and means

committees on the level of minority and women-owned business enterprises

participating in each agency's contracts for goods and services and on

activities of the office and effort by each contracting agency to

promote employment of minority group members and women, and to promote

and increase participation by certified businesses with respect to state

contracts and subcontracts so as to facilitate the award of a fair share

of state contracts to such businesses. The comptroller shall assist the

division in collecting information on the participation of certified

business for each contracting agency. Such report may recommend new

activities and programs to effectuate the purposes of this article;

(f) to prepare and update, no less than annually, a directory of

certified minority and women-owned business enterprises which shall,

wherever practicable, (i) make publicly available records of all

certifications and recertifications, (ii) be divided into categories of

labor, services, supplies, equipment, materials and recognized

construction trades, and (iii) indicate areas or locations of the state

where such enterprises are available to perform services;

(g) to appoint independent hearing officers who by contract or terms

of employment shall preside over adjudicatory hearings pursuant to

section three hundred fourteen of this article for the office and who

are assigned no other work by the office;

(h) to make publicly available on the division's website records of

all revocations of certification for convictions for fraudulently

misrepresenting the status of minority or women-owned business

enterprises or for evidence of fraudulent conduct with regard to

participation of a minority or women-owned business enterprise in the

performance of state contracts and the reasoning for such revocations

after a final determination has been made, provided that information

falling into the categories enumerated in paragraphs (a) through (j) of

subdivision two of section eighty-seven of the public officers law shall

be withheld;

(i) notwithstanding the provisions of section two hundred ninety-six

of this chapter, to file a complaint pursuant to the provisions of

section two hundred ninety-seven of this chapter where the director has

knowledge that a contractor may have violated the provisions of

paragraph (a), (b) or (c) of subdivision one of section two hundred

ninety-six of this chapter where such violation is unrelated, separate

or distinct from the state contract as expressed by its terms;

(j) to streamline the state certification process to accept federal

and municipal corporation certifications;

(k) to make publicly available on the division's website records of

all waivers of compliance reported pursuant to paragraph (b) of

subdivision six of section three hundred thirteen of this article,

including the reasoning for denial of such waivers after a final

determination has been made, provided that information falling into the

categories enumerated in paragraphs (a) through (j) of subdivision two

of section eighty-seven of the public officers law shall be withheld;

(l) to work in conjunction with the industrial commissioner pursuant

to paragraph (j) of subdivision one of section eight hundred eleven of

the labor law to assist contractors in identifying minority group

members and women who are participating in apprenticeship agreements

under article twenty-three of the labor law; and

(m) to coordinate with appropriate offices, agencies, or authorities,

where applicable, to conduct site visits or perform inspections of

financial records of minority or women-owned business enterprises in

accordance with this article and the regulations of the director.

4. The director shall provide assistance to, and facilitate access to

programs serving certified businesses as well as applicants to ensure

that such businesses benefit, as needed, from technical, managerial and

financial, and general business assistance; training; marketing;

organization and personnel skill development; project management

assistance; technology assistance; bond and insurance education

assistance; and other business development assistance. The director

shall maintain a toll-free number at the department of economic

development to be used to answer questions concerning the MWBE

certification process. In addition, the director may, either

independently or in conjunction with other state agencies:

(a) develop a clearinghouse of information on programs and services

provided by entities that may assist such businesses;

(b) review bonding and paperwork requirements imposed by contracting

agencies that may unnecessarily impede the ability of such businesses to

compete; and

(c) seek to maximize utilization by minority and women-owned business

enterprises of available federal resources including but not limited to

federal grants, loans, loan guarantees, surety bonding guarantees,

technical assistance, and programs and services of the federal small

business administration.

(d) conduct outreach events, training workshops, seminars, and other

such educational programs throughout the state, including all regional

offices, to state agencies, external stakeholders, and the public, to

promote awareness and utilization of minority and women-owned business

enterprises; and

(e) identify and establish mentorship opportunities and other business

development programs to increase capacity and better prepare MWBEs for

bidding on contracts with state agencies upon successful completion of

the mentorship opportunity. Such mentorship opportunities shall be

intended to ensure that mentor and mentee are connected based on a

commercially useful function.

* NB Repealed July 1, 2028