New York Senate passes a variety of MWBE support bills

NY News - Published Feb 13, 2023

The New York State Senate has passed a variety of bills intended to support minority- and woman-owned business enterprises (MWBEs) in their attempts to compete for procurement work from the State. The bills have not been passed into law but are due to move on to an Assembly vote.

The "Growth Plan for MWBEs Participation in State Contracts" bill (S.1424) would direct contracting state agencies to develop three-year growth plans identifying and describing the means by which they intend to increase MWBE participation in their contracting activities.

The "Written Statement of Rejection for MWBEs Bids" bill (S.1419) would require state agencies, if they reject any bid from a certified MWBE, to provide that MWBE with a written statement describing the reasons for the rejection, complete with tips and pointers on how to potentially be more competitive in their bids.

The "Maximum Number of MWBEs Employees During a Declared State of Emergency" bill (S.1873) would clarify that for purposes of state contracting law, an MWBE may be considered an MWBE if they have a maximum of 300 employees who work thirty or more hours per week on average over the period of 52 weeks, as long as this average occurs during a declared state disaster emergency. Current law provides for a maximum of 300 employees with no other clarifications; the new law's focus on the average is meant to allow for MWBEs to engage in hiring bursts during disasters without thereby losing their MWBE certification.

"We must do everything we can to support our small businesses through programming that can target resources to support their success," said Senate Majority Leader Andrea Stewart-Cousins in a statement.

Read the press release from the New York Senate, including links to the bills in question, at https://www.nysenate.gov/newsroom/press-releases/senate-passes-measures-boost-small-businesses-mwbes.

Read more at https://nystateofpolitics.com/state-of-politics/new-york/ny-state-of-politics/2023/02/07/state-senate-advances-bills-for-small-businesses-in-new-york.