N.Y. Facilities Development Corporation Act 359/68 § 9-b: Minority and women-owned business enterprise program

§ 9-b. Minority and women-owned business enterprise program. 1. (a)

Minority and women-owned business enterprises shall be given the

opportunity for meaningful participation in all contracts executed by

the corporation pursuant to the provisions of this act other than

contracts the cost of which is borne solely by a municipality or

municipalities. The corporation 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 act shall be construed to limit the ability of the corporation

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 corporation 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 corporation determines that by virtue of the imposition

of the requirements of any such law, in respect to contracts, the

provisions thereof duplicate or conflict with this section, the

corporation 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 act

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 corporation 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.