2017 New York Laws
ENV - Environmental Conservation
Article 52 - Implementation of Environmental Quality Bond Act of 1986
Title 1 - General Provisions
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 aliens 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  aliens  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.