New York Assembly Bill A00333

New York 2025-2026 Regular Session

• Introduced: 1/8/25
• Refer: 1/8/25
• Report Pass: 5/27/25
• Refer: 5/27/25
• Report Pass: 5/29/25

Caption

Directs contracting state agencies to develop a growth plan in order to increase participation of minority- and women-owned businesses with respect to state contracts and subcontracts which includes an analyses of the use of discretionary buying.

Summary

A00333 would amend New York’s Executive Law to require contracting state agencies to prepare a three-year growth plan, rather than a four-year plan, aimed at increasing participation by minority-owned and women-owned business enterprises (MWBEs) in state contracts and subcontracts. Each agency would continue to submit the plan as part of its annual reporting, but the bill expands and specifies the required contents of that plan. The required growth plan would have to analyze how agencies use discretionary buying authority, what share of purchases within the discretionary threshold go to certified MWBEs, how agencies are using resources from Empire State Development and the Division of Minority and Women’s Business Development, what program changes could make those resources easier to use, what steps agencies are taking to build MWBE capacity for larger contracts, how unsuccessful MWBE bidders are debriefed, and what kinds of waivers are being granted and how to reduce the need for them over time. The bill also updates the annual agency report requirements to include the three-year growth plan and related MWBE performance information.

Impact

The bill would modify sections 311 and 315 of the Executive Law, tightening and expanding state agency reporting obligations related to MWBE participation in procurement. It would shorten the growth-plan cycle from four years to three and require more detailed analysis of discretionary purchasing, waiver use, bidder debriefings, and agency efforts to expand MWBE capacity. The practical effect would be to increase oversight and accountability for contracting state agencies and to create more structured data for the governor and legislature on MWBE contracting outcomes and barriers.

Sentiment

The available voting history shows strong support for the bill in committee, with unanimous favorable votes in both the Assembly Governmental Operations Committee and the Assembly Rules Committee. No committee transcript is available, but the bill’s advancement without opposition suggests a generally positive sentiment toward improving MWBE participation and agency accountability in state procurement. The measure appears to align with existing state policy goals of expanding opportunities for minority- and women-owned firms.

Contention

The bill text itself does not show major ideological conflict, but the most likely points of discussion are administrative burden and the effectiveness of procurement tools. Agencies may view the added reporting, analysis of discretionary buying, and waiver review requirements as more demanding, while supporters are likely to emphasize that these details are necessary to identify why MWBE participation remains limited and how to improve it. Another possible point of contention is whether the state should rely more heavily on discretionary buying and waiver reduction as mechanisms to increase MWBE utilization, or whether those tools are sufficient without broader procurement reforms.