New York 2025-2026 Regular Session

New York Assembly Bill A05348

Introduced
2/13/25  
Refer
2/13/25  

Caption

Authorizes certain business enterprise subcontractors who seek to do work with not-for-profit corporations to receive MWBE certification if certain criteria is met; imposes a $50,001 limit on the provision of such services or work; makes related provisions.

Summary

Bill A05348 proposes amendments to the executive law to allow certain business enterprise subcontractors, specifically minority and women-owned businesses, to bypass the standard state certification process when seeking to work with not-for-profit corporations. Instead, these subcontractors would be able to obtain verification through a new procedure established by the director of the relevant office. The bill outlines specific criteria that must be met for this verification, including ownership requirements, operational control, and financial thresholds.

Impact

The bill aims to streamline the certification process for minority and women-owned business enterprises (MWBEs) working with not-for-profit organizations, potentially increasing their participation in state-funded projects. By exempting these subcontractors from the usual certification requirements, the bill could facilitate greater access to opportunities for MWBEs, thereby promoting diversity and inclusion within the state's contracting processes. It also sets a monetary limit on the services provided under this exemption, which could help regulate the scope of work eligible for this streamlined process.

Sentiment

The sentiment surrounding Bill A05348 appears to be generally supportive, particularly among advocates for minority and women-owned businesses who see this as a step towards reducing barriers to entry in state contracting. However, there may be concerns from some stakeholders about the potential for oversight and the integrity of the certification process, which could lead to discussions about ensuring accountability in the implementation of these new provisions.

Contention

Notable points of contention may arise from the balance between facilitating access for minority and women-owned businesses and ensuring that the certification process maintains its integrity. Some lawmakers or advocacy groups may argue that bypassing the standard certification could lead to abuses or undermine the purpose of the MWBE program. Others may express concerns about the proposed financial thresholds and whether they adequately reflect the realities of small business operations.

Companion Bills

NY S06007

Same As Authorizes certain business enterprise subcontractors who seek to do work with not-for-profit corporations to receive MWBE certification if certain criteria is met; imposes a $50,001 limit on the provision of such services or work; makes related provisions.

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