New York Assembly Bill A02296

New York 2025-2026 Regular Session

• Introduced: 1/16/25
• Refer: 1/16/25
• Report Pass: 5/27/25
• Refer: 5/27/25
• Report Pass: 5/29/25

Caption

Provides a rebuttable presumption relating to recertification as a minority and women-owned business enterprise if there is no change in the ownership of the enterprise and no material change in the nature or management of the enterprise from the time of approval of the previous minority and women-owned business enterprise certification.

Summary

A02296 would change New York’s Minority and Women-Owned Business Enterprise (MWBE) certification rules by creating a rebuttable presumption in favor of recertification in certain cases. If a business’s certification has expired, the business applies for recertification, there has been no change in ownership, and there has been no material change in the enterprise’s nature or management since the prior certification approved within the last ten years, the prior certification would be presumed to still satisfy the relevant MWBE eligibility requirements, so long as the application complies with the applicable regulation. The bill keeps the existing five-year certification period in place, but it is designed to make the recertification process easier for businesses that have remained substantially the same over time. It applies to recertification applications submitted on or after the bill’s effective date, which would be July 1 following enactment. The measure amends the Executive Law provisions governing MWBE certification and recertification, and it is framed as a procedural change rather than a broad expansion of eligibility standards.

Impact

The bill would amend section 314 of the Executive Law to add a new recertification standard for MWBE firms, creating a rebuttable presumption that prior certification remains valid for recertification purposes when ownership and management have not materially changed. This would affect state certification administrators and MWBE applicants by reducing the burden of repeatedly proving eligibility for businesses with stable ownership and operations, while still allowing the state to challenge eligibility if contrary evidence exists. The bill would apply prospectively to recertification applications filed on or after its effective date.

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 vote pattern suggests the measure was viewed positively as a practical administrative reform for MWBE businesses. The absence of recorded opposition in the available materials indicates broad agreement at the committee stage.

Contention

No explicit opposition or debate is included in the provided materials, so no direct points of contention are documented. Based on the bill’s structure, any potential concerns would likely center on whether the rebuttable presumption could make recertification too automatic or reduce scrutiny of MWBE eligibility, while supporters would likely emphasize reduced paperwork, faster processing, and less duplication for businesses that have not changed in substance. The bill’s use of a rebuttable presumption preserves agency review, which may have helped limit controversy.