NY State Senate Bill 2017-S4108

Senate Bill S4108

2017-2018 Legislative Session

Relates to opportunities for minority and women owned business enterprises and emerging business enterprises

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Archive: Last Bill Status - In Senate Committee Cities Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2018	referred to cities
Feb 03, 2017	referred to cities

co-Sponsors

2017-S4108 (ACTIVE) - Details

See Assembly Version of this Bill:: A281
Current Committee:: Senate Cities
Law Section:: General Municipal Law
Laws Affected:: Amd §103, Gen Muni L; add §314-a, NYC Chart
Versions Introduced in Other Legislative Sessions:: 2015-2016: S5924, A8044
2019-2020: S1584, A10289

2017-S4108 (ACTIVE) - Summary

Relates to opportunities for minority- and women-owned business enterprises and emerging business enterprises.

2017-S4108 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S4108

 TITLE OF BILL :  An act to amend the general municipal law, and the
New York city charter, in relation to opportunities for minority and
women-owned business enterprises and emerging business enterprises

 PURPOSE :

To expand opportunities for minority and women owned business
enterprises and emerging business enterprises.

 SUMMARY OF PROVISIONS :

Section 1 of the bill would add a definition of "best value" to newly
lettered § 103(1)(g)(1), applicable only to cities with a population
of one million inhabitants or more, to allow such a city to give
weight to firms certified pursuant to local law as minority- or women
owned businesses or as "emerging business enterprises and to the
prospective bidder's record of complying with existing labor
standards, maintaining harmonious labor relations, and protecting the
health and safety of workers, and paying wages above a locally defined
living wage.

Section 2 makes comparable amendments to the version of § 103 that
will be revived if the version currently in effect (which allows for
sealed bids to be submitted in electronic format) sunsets, as provided

by Chapter 62 of the laws of 2003.

Section 3 adds a new subdivision 17 to General Municipal Law § 103
that authorizes a city with a population of one million inhabitants or
more to establish capacity building programs to increase capacity of
businesses certified under State or local law.

Section 4 amends General Municipal Law § 103(15)(a), which currently
allows the use of prequalified lists for contracts for public work, to
allow prequalified lists to be used for purchase contracts by a city
with a population of one million inhabitants or more.

Section 5 adds a new subdivision (7) to General Municipal Law § 104-b,
which applies to procurements for goods or services that are not
other- wise required to be procured pursuant to GML § 103, such as
professional services. It authorizes a city with a population of one
million inhabitants or more to adopt policies and procedures that
allow for the consideration of a prospective contractor's record of
complying with existing labor standards, maintaining harmonious labor
relations, protecting the health and safety of workers and payment of
wages above any locally-defined living wage as part of the basis for
contractor selection, and that allow for a quantitative factor to be
used in evaluation of bids or offers for awarding of contracts for
bidders or offerers that are small businesses or certified minority or
women-owned business enterprises as defined in subdivisions one,
seven, fifteen and twenty of section three hundred ten of the
executive law or certified pursuant to local law as minority- or
women-owned business enterprises or emerging business enterprises.

Section 6 amends State Finance Law § 163(6) to authorize the State
Commissioner of General Services to allow a city with a population of
one million inhabitants or more to purchase commodities or services,
for amounts not exceeding $200,000, without formal competitive
process, from firms that are certified as minority or women owned
businesses by the State, or certified pursuant to local law as
minority or women owned businesses or as "emerging business
enterprises."

Section 7 amends the New York City Charter to authorize the City's
Procurement Policy Board to provide by rule that agencies may make
procurements of goods, services, construction or construction-related
services, for amounts not exceeding $200,000, without formal
competitive process, from firms certified pursuant to local law as
minority- or women owned businesses or as "emerging business
enterprises."

Section 8 is a severability clause.

Section 9 provides for the act to take effective immediately, and
provides for the amendments to the General Municipal Law contained in
section 2 of the act to take effect in the event that the provision of
the General Municipal Law amended by section 1 sunsets.

 EXISTING LAW :

This Legislation

 JUSTIFICATION :

Pursuant to local laws enacted in 2005, 2006 and 2013, New York City
has established goals for participation of minority and women owned
businesses and emerging business enterprises (business enterprises
owned by persons who are socially and economically disadvantaged) in
City procurements for goods, standard services, professional services
and construction. The chief method available to agencies seeking to
achieve the goals is by establishing requirements that prime
contractors award a percentage of a contract to subcontractors that
are certified firms. The proposed amendments to the General Municipal
Law, State Finance Law and New York City Charter would significantly
enhance agencies' ability to pursue their goals. They will also enable
the City to offer firms certified by the City the same advantages that
are currently available to firms certified by the State under current
addition, this bill would further the public interest in ensuring
compliance with existing labor standards, harmonious labor relations,
and the health and safety of workers by allowing these factors to be
considered in a best value analysis.

 LEGISLATIVE HISTORY :

01/06/16 Referred to Local Government
06/12/15 Referred to Rules
06/13/15 Amend (T) and Recommit to Rules
06/13/15 Print Number 5924A

 FISCAL IMPLICATIONS :

To be determined

 LOCAL FISCAL IMPLICATIONS :

To be determined

 EFFECTIVE DATE :
This act shall take effect immediately and provides that the
amendments to the General Municipal Law contained in section 2 of the
act to take effect in the event that the provision of the General
Municipal Law amended by section 1 sunsets.

2017-S4108 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4108
 
                        2017-2018 Regular Sessions
 
                             I N  S E N A T E
 
                             February 3, 2017
                                ___________
 
 Introduced by Sens. SANDERS, MONTGOMERY -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Cities
 
 AN  ACT  to amend the general municipal law, and the New York city char-
   ter, in relation to opportunities for minority and  women-owned  busi-
   ness enterprises and emerging business enterprises

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The opening paragraph of subdivision 1 of  section  103  of
 the  general  municipal law, as amended by section 1 of chapter 2 of the
 laws of 2012, is amended to read as follows:
   Except as otherwise expressly provided by an act of the legislature or
 by a local law  adopted  prior  to  September  first,  nineteen  hundred
 fifty-three,  all  contracts for public work involving an expenditure of
 more than  thirty-five  thousand  dollars  and  all  purchase  contracts
 involving  an expenditure of more than twenty thousand dollars, shall be
 awarded by the appropriate officer,  board  or  agency  of  a  political
 subdivision  or  of  any district therein including but not limited to a
 soil conservation district to the lowest responsible  bidder  furnishing
 the  required security after advertisement for sealed bids in the manner
 provided by this section, provided,  however,  that  purchase  contracts
 (including  contracts  for  service  work,  but  excluding  any purchase
 contracts necessary for the completion of a public works contract pursu-
 ant to article eight of the labor law) may be awarded on  the  basis  of
 best  value,  as defined in section one hundred sixty-three of the state
 finance law; PROVIDED, HOWEVER, A CITY WITH A POPULATION OF ONE  MILLION
 INHABITANTS  OR  MORE MAY ALSO IDENTIFY A QUANTITATIVE FACTOR TO BE USED
 IN EVALUATION OF BIDS OR OFFERS FOR AWARDING CONTRACTS  FOR  BIDDERS  OR
 OFFERERS  THAT  ARE MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES CERTI-
 FIED PURSUANT TO LOCAL LAW, to a responsive and  responsible  bidder  or
 offerer  in  the  manner provided by this section except that in a poli-
 tical subdivision other than a city with a  population  of  one  million
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01516-01-7

 S. 4108                             2
 
 inhabitants  or  more or any district, board or agency with jurisdiction
 exclusively therein the use  of  best  value  for  awarding  a  purchase
 contract  or  purchase  contracts must be authorized by local law or, in
 the  case of a district corporation, school district or board of cooper-
 ative educational services, by rule, regulation or resolution adopted at
 a public meeting. PROVIDED, HOWEVER, THAT A CITY HAVING A POPULATION  OF
 ONE  MILLION  INHABITANTS  OR  MORE  IS  AUTHORIZED  TO  AWARD  PURCHASE
 CONTRACTS TO BUSINESSES CERTIFIED AS MINORITY- OR  WOMEN-OWNED  BUSINESS
 ENTERPRISES PURSUANT TO LOCAL LAW IN AN AMOUNT NOT TO EXCEED TWO HUNDRED
 THOUSAND DOLLARS WITHOUT A FORMAL COMPETITIVE PROCESS.
   §  2.  Section 103 of the general municipal law is amended by adding a
 new subdivision 17 to read as follows:
   17. NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, A CITY WITH A
 POPULATION OF ONE MILLION INHABITANTS OR MORE MAY ESTABLISH  A  CAPACITY
 BUILDING  PROGRAM  TO  INCREASE  THE CAPACITY OF BUSINESSES CERTIFIED AS
 MINORITY- OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO LOCAL  LAW  TO
 BID  FOR AND PERFORM PUBLIC CONTRACTS, TO PROMOTE THE MEANINGFUL PARTIC-
 IPATION OF SUCH FIRMS  ON  SUCH  CONTRACTS.  SUCH  PROGRAM  MAY  PROVIDE
 REASONABLE  PROCEDURES  TO  SECURE  THE MEANINGFUL PARTICIPATION OF SUCH
 FIRMS IN THE PERFORMANCE OF PUBLIC CONTRACTS.
   § 3. Paragraph (a) of subdivision 15 of section  103  of  the  general
 municipal  law,  as added by section 1-a of part MM of chapter 57 of the
 laws of 2008, is amended to read as follows:
   (a) Notwithstanding any general, special or local law or rule or regu-
 lation to the contrary, an officer, board or agency of any  county,  any
 school  district  or any political subdivision of the state with a popu-
 lation of fifty thousand or more charged with awarding  a  contract  for
 public work, AND AN OFFICER, BOARD OR AGENCY IN A CITY WITH A POPULATION
 OF  ONE  MILLION  INHABITANTS  OR  MORE CHARGED WITH AWARDING A PURCHASE
 CONTRACT, may  establish  guidelines  governing  the  qualifications  of
 bidders  seeking  to  bid or enter into such contracts. If such officer,
 board or agency maintains an appropriate list of qualified bidders,  the
 bidding  shall  be  restricted  to those who have qualified prior to the
 receipt of bids according to standards fixed by such officer,  board  or
 agency. In determining whether a prospective bidder qualifies for inclu-
 sion  on  a  list of pre-qualified bidders, the officer, board or agency
 shall consider the experience and record of performance of the  prospec-
 tive bidder in the particular type of work, as well as: (i) the prospec-
 tive bidder's ability to undertake the particular type and complexity of
 work;  (ii)  the financial capability, responsibility and reliability of
 the prospective bidder for such type and complexity of work;  (iii)  the
 record of the prospective bidder in complying with existing labor stand-
 ards  and  maintaining  harmonious labor relations; (iv) the prospective
 bidder's compliance with equal employment opportunity  requirements  and
 anti-discrimination  laws,  and  demonstrated commitment to working with
 minority and women-owned businesses through joint  ventures  or  subcon-
 tractor  relationships;  and (v) the record of the prospective bidder in
 protecting the health and safety of workers on public works projects and
 job sites as demonstrated by the prospective bidder's experience modifi-
 cation rate for each of the last three years.
   § 4. The New York city charter is amended  by  adding  a  new  section
 314-a to read as follows:
   § 314-A. SHELTERED MARKET. THE PROCUREMENT POLICY BOARD MAY PROVIDE BY
 RULE   THAT   AGENCIES   MAY   MAKE  PROCUREMENTS  OF  GOODS,  SERVICES,
 CONSTRUCTION, OR CONSTRUCTION-RELATED SERVICES FOR AMOUNTS NOT EXCEEDING
 TWO HUNDRED THOUSAND DOLLARS  FROM  MINORITY-  OR  WOMEN-OWNED  BUSINESS

 S. 4108                             3
 
 ENTERPRISES  CERTIFIED PURSUANT TO SECTION THIRTEEN HUNDRED FOUR OF THIS
 CHAPTER WITHOUT A FORMAL COMPETITIVE PROCESS.
   § 5. Severability. If any clause, sentence, paragraph, section or part
 of  this act shall be adjudged by any court of competent jurisdiction to
 be invalid and after exhaustion of  all  further  judicial  review,  the
 judgment  shall  not affect, impair or invalidate the remainder thereof,
 but shall be confined in its operation to the  clause,  sentence,  para-
 graph,  section or part of this act directly involved in the controversy
 in which the judgment shall have been rendered.
   § 6. This act shall take effect immediately and  shall  apply  to  any
 contract  let  or  awarded on or after such date; provided, however that
 the amendments to subdivision 1 of section 103 of the general  municipal
 law  made by section one of this act shall not affect the expiration and
 reversion of such subdivision as provided in subdivision (a) of  section
 41  of  part  X  of chapter 62 of the laws of 2003, as amended and shall
 expire and be deemed repealed therewith.

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Senate Bill S4108

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Sponsored By

James Sanders Jr.