Relates to reciprocity between the state and New York city for businesses that are certified as minority and women-owned business enterprises

Summary

Authorizes the director of the division of minority and women's business development and the mayor of the city of New York to enter into a memorandum of understanding to allow reciprocity between the state and New York City for businesses that are certified as minority and women-owned business enterprises.

Summary from NY Open Legislation. How we handle summaries

Amends the Executive Law.

Purpose, from the sponsor's memo

This act contains two sections. Section one of the act would amend subdivision 2-a of section 314 of the Executive Law by adding a new paragraph (d), which would provide that the Director of the Division of Minority and Women's Business Development of the New York State Depart- ment of Economic Development (better known as Empire State Development ("ESD")) and the Mayor of a city with a population greater than 1,000,000 persons may enter into a memorandum of understanding providing for the reciprocal acceptance of minority and women-owned business enterprise ("MWBE") certification between an MWBE program operated by such city and the New York State MWBE program operated by ESD. This paragraph would authorize this memorandum of understanding to include one or more exemptions where such exemptions are in the best interest of both programs. This paragraph would also clarify that this memorandum of understanding would not restrict each program from amending their respective certification standards and processes. Section two of the act provides that the act would take effect 270 days after it becomes law, provided that the amendments made by section one of this act would not affect the expiration of article 15-A of the Exec- utive Law pursuant to chapter 261 of the laws of 198 8, as amended, and would expire and be deemed repealed along with article 15-A. REASONS FOR SUPPORT: The most recent disparity studies conducted by both the State of New York ("State") and the City of New York ("City") demonstrate that discrimination continues to affect MWBEs seeking to do business in the markets where the City and the State conduct their procurements. The State and City are committed to addressing these disparities by operat- ing MWBE programs that encourage the participation of MWBEs in their respective procurements. The pool of firms that wish to participate in procurements at both the City and State level is significant: more than 40% of firms certified by the State are also certified by the City. Currently, the process to establish and to maintain certification at both levels of government can be administratively burdensome for MWBEs. These separate and duplicative processes lead to cost, confusion, and lost opportunities for MWBEs and complicate the work of all entities -including government agencies, prime vendors, and other private sector entities- seeking to do business with MWBEs. By authorizing reciprocal certification, this act would enable the establishment of a procedure focused on coordination and partnership between the City and State, and would eliminate the layered administrative burdens current imposed by the existing regulatory landscape. This change would increase the success of both the City's and the State's MWBE programs. Accordingly, the Mayor urges the earliest possible favorable consider- ation of this proposal by the Legislature.

Filed with the bill. Read it on nysenate.gov (opens in a new tab)

Where it stands

Passed the legislature and is awaiting a signature.

Procurement And Contracts · New York State Senate

Also referred to Ways and Means · New York State Assembly.

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Cosponsors

Recorded votes

• Vote: Floor vote

  NY SenateMay 28, 2026Result: passed

  Voted yes (60)Voted no (0)Voted present (0)Absent (3)

  See member positions for the vote on May 28, 2026 (Floor vote)

• Vote: Committee vote · Procurement And Contracts

  Senate Procurement And ContractsMay 18, 2026Result: passed

  Voted yes (7)Voted no (0)Voted present (0)Absent (0)

  See member positions for the vote on May 18, 2026 (Committee vote · Procurement And Contracts)

Full history

1. Jun 4, 2026

   Ordered to Third Reading Rules CAL.491

   ORDERED TO THIRD READING RULES CAL.491

   NY Assembly

2. Jun 4, 2026

   Passed a chamber

   PASSED ASSEMBLY

   NY Assembly

3. Jun 4, 2026

   Reported out of committee

   REPORTED REFERRED TO RULES

   NY Assembly

4. Jun 4, 2026

   Substituted

   SUBSTITUTED FOR A8294

   NY Assembly

5. May 28, 2026

   Sent to the executive

   DELIVERED TO ASSEMBLY

   NY Senate

Read the record

• Read on NY Senate (opens in a new tab) The official record on nysenate.gov.