2019 New York Laws
EXC - Executive
Article 28 - Workforce Diversity Program
821 - Definitions.

* §  821.  Definitions.  As  used in this article, the following terms
shall have the following meanings:
  1. "Contractor" shall  mean  an  individual,  a  business  enterprise,
including  a  sole  proprietorship,  a  partnership,  a  corporation,  a
not-for-profit corporation, or any other party to a state contract, or a
bidder in conjunction with the award of a state contract or  a  proposed
party to a state contract.
  2. "Department" shall mean the department of labor.
  3.  "Director" shall mean the director of the division of minority and
women's business development.
  4. "Disparity study" shall mean the most recent study  of  disparities
between  the  utilization  of  minority  group  members and women in the
performance of state contracts and the availability  of  minority  group
members  and  women  to  perform  such  work by the director pursuant to
article fifteen-A of this chapter.
  5. "Division" shall mean  the  department  of  economic  development's
division of minority and women's business development.
  6.  "Minority  group  member"  shall  mean  a United States citizen or
permanent resident alien who is and can demonstrate membership in one of
the following groups:
  (a) Black persons having origins in any of the  Black  African  racial
groups;
  (b)  Hispanic/Latino  persons  of  Mexican,  Puerto  Rican, Dominican,
Cuban, Central or South American of either Indian  or  Hispanic  origin,
regardless of race;
  (c) Native American or Alaskan native persons having origins in any of
the original peoples of North America;
  (d)  Asian  and  Pacific Islander persons having origins in any of the
Far East countries, South East Asia,  the  Indian  subcontinent  or  the
Pacific Islands.
  7.  "State agency" shall mean (a)(i) any state department, or (ii) any
division, board, commission or bureau of any state department, or  (iii)
the  state  university  of New York and the city university of New York,
including all their constituent units except community colleges and  the
independent  institutions  operating  statutory  or contract colleges on
behalf of the state, or (iv) a board, a majority of  whose  members  are
appointed by the governor or who serve by virtue of being state officers
or  employees as defined in subparagraph (i), (ii) or (iii) of paragraph
(i) of subdivision one of section seventy-three of the  public  officers
law.
  (b)  a "state authority," as defined in subdivision one of section two
of the public authorities law, and the following:
Albany County Airport Authority;
Albany Port District Commission;
Alfred, Almond, Hornellsville Sewer Authority;
Battery Park City Authority;
Cayuga County Water and Sewer Authority;
(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center
Corporation;
Industrial Exhibit Authority;
Livingston County Water and Sewer Authority;
Long Island Power Authority;
Long Island Rail Road;
Long Island Market Authority;
Manhattan and Bronx Surface Transit Operating Authority;
Metro-North Commuter Railroad;
Metropolitan Suburban Bus Authority;
Metropolitan Transportation Authority;

Natural Heritage Trust;
New York City Transit Authority;
New York Convention Center Operating Corporation;
New York State Bridge Authority;
New York State Olympic Regional Development Authority;
New York State Thruway Authority;
Niagara Falls Public Water Authority;
Niagara Falls Water Board;
Port of Oswego Authority;
Power Authority of the State of New York;
Roosevelt Island Operating Corporation;
Schenectady Metroplex Development Authority;
State Insurance Fund;
Staten Island Rapid Transit Operating Authority;
State University Construction Fund;
Syracuse Regional Airport Authority;
Triborough Bridge and Tunnel Authority;
Upper Mohawk Valley Regional Water Board;
Upper Mohawk Valley Regional Water Finance Authority;
Upper Mohawk Valley Memorial Auditorium Authority;
Urban Development Corporation and its subsidiary corporations.
  (c)  the  following only to the extent of state contracts entered into
for its own account or for the benefit of a state agency as  defined  in
paragraph (a) or (b) of this subdivision:
Dormitory Authority of the State of New York;
Facilities Development Corporation;
New York State Energy Research and Development Authority;
New York State Science and Technology Foundation.
  8.  "State  contract" shall mean: (a) a written agreement in excess of
one hundred thousand dollars whereby a  state  agency  is  committed  to
expend   or   does  expend  funds  for  the  acquisition,  construction,
demolition, replacement, major repair or renovation of real property and
improvements thereon; and (b) a  written  agreement  in  excess  of  one
hundred  thousand  dollars whereby the owner of a state assisted housing
project is committed to expend or does expend funds for the acquisition,
construction, demolition, replacement, major  repair  or  renovation  of
real property and improvements thereon for such project.
  9.  "Subcontractor"  shall  mean any individual or business enterprise
that provides goods or services to any individual or business for use in
the performance of a state  contract,  whether  or  not  such  goods  or
services are provided to a party to a state contract.
  * NB Effective January 11, 2020
  * NB Repealed December 31, 2024