New York Senate Bill S10159

New York 2025-2026 Regular Session

• Introduced: 5/1/26
• Refer: 5/1/26

Caption

Relates to a minority and women-owned business enterprise participation goal requirement in order to receive grant or appropriation money.

Summary

S10159 would amend the state finance law to make compliance with New York’s minority- and women-owned business enterprise (MWBE) participation goals a condition of receiving certain state grants or appropriations for procurement of goods and services. Under the bill, a municipality or locality receiving state money would have to meet the MWBE participation goals already established in the executive law, and the definition of municipality would include villages, towns, cities, counties, and school districts. The same requirement would also extend to entities that subcontract with a municipality or locality. The bill preserves existing waiver authority, stating that nothing in the new provision would override an applicant’s or recipient’s ability to seek a waiver under the current MWBE statutes. The measure would take effect immediately if enacted, making the new funding condition applicable without delay to future state grants and appropriations covered by the bill.

Impact

The bill would add a new condition to state financial assistance under the state finance law by tying grant or appropriation eligibility to MWBE participation compliance. This would affect municipalities, school districts, and subcontractors that rely on state funding for procurement-related projects, and it would reinforce enforcement of Executive Law sections 312 and 313 by using state aid as leverage. It would not create a new MWBE program, but rather expand the consequences of noncompliance by conditioning access to state money on meeting existing participation goals, subject to existing waiver provisions.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes, the measure appears to be framed as a pro-MWBE procurement enforcement bill with an equity and inclusion focus. The sponsor’s approach suggests support for increasing opportunities for minority- and women-owned firms in publicly funded contracting. Because there are no transcripts or vote records provided, there is no documented opposition or support from other legislators in the available materials.

Contention

The main potential point of contention is the bill’s use of state grant and appropriation funding as an enforcement mechanism, which could be viewed by municipalities and school districts as adding compliance burdens or risking funding eligibility. Another likely issue is how the requirement would apply to subcontractors and whether local governments have sufficient capacity to meet participation goals in all procurements. Supporters would likely emphasize expanded access for MWBEs and stronger accountability, while critics may focus on administrative complexity, feasibility, and the possibility of funding consequences for noncompliance. The bill’s retention of waiver authority may mitigate some concerns, but the scope of that discretion could itself be debated.