Section 310. Definitions

As  used  in  this article, the following terms
  shall have the following meanings:
    1. "Certified business" shall mean a business verified as  a  minority
  or  women-owned  business  enterprise  pursuant to section three hundred
  fourteen of this article.
    2. "Contracting agency" shall mean a state agency which is a party  or
  a proposed party to a state contract or, in the case of a state contract
  described  in  paragraph  (c)  of  subdivision thirteen of this section,
  shall mean the New York state housing finance agency, housing trust fund
  corporation or affordable housing corporation,  whichever  has  made  or
  proposes  to  make  the  grant  or  loan  for the state assisted housing
  project.
    3. "Contractor" shall  mean  an  individual,  a  business  enterprise,
  including  a  sole  proprietorship,  a  partnership,  a  corporation,  a
  not-for-profit corporation, or any other party to a state contract, or a
  bidder in conjunction with the award of a state contract or  a  proposed
  party to a state contract.
    4.  "Director" shall mean the director of the division of minority and
  women's business development in the department of economic development.
    5. "Large county" shall mean a county having a population in excess of
  two hundred eighty-five thousand according to the  most  recent  federal
  decennial census, provided however, that a county having a population in
  excess  of  two  hundred  eighty-five thousand according to the nineteen
  hundred eighty federal decennial census shall continue  to  be  a  large
  county thereafter notwithstanding a later census showing a population of
  less than two hundred eighty-five thousand for such county.
    6.  "Metropolitan  area"  shall  mean  a city with a population of one
  million or more and a county  having  a  population  in  excess  of  one
  million and immediately contiguous to such city.
    7.   "Minority-owned   business  enterprise"  shall  mean  a  business
  enterprise, including a sole proprietorship, partnership or  corporation
  that is:
    (a)  at  least  fifty-one  percent owned by one or more minority group
  members;
    (b)  an  enterprise  in  which  such  minority  ownership   is   real,
  substantial and continuing;
    (c)  an  enterprise in which such minority ownership has and exercises
  the authority to control independently the day-to-day business decisions
  of the enterprise; and
    (d) an  enterprise  authorized  to  do  business  in  this  state  and
  independently owned and operated.
    8.  "Minority  group  member"  shall  mean  a United States citizen or
  permanent resident alien who is and can demonstrate membership in one of
  the following groups:
    (a) Black persons having origins in any of the  Black  African  racial
  groups;
    (b)  Hispanic  persons  of  Mexican,  Puerto  Rican, Dominican, Cuban,
  Central  or  South  American  of  either  Indian  or  Hispanic   origin,
  regardless of race;
    (c) Native American or Alaskan native persons having origins in any of
  the original peoples of North America.
    (d)  Asian  and  Pacific Islander persons having origins in any of the
  Far East countries, South East Asia,  the  Indian  subcontinent  or  the
  Pacific Islands.
    9.  "Utilization  plan" shall mean a plan prepared by a contractor and
  submitted in connection with a proposed state contract. The  utilization
  plan   shall   identify   certified  minority  or  women-owned  business
  enterprises, if known, that have committed to perform work in connection

  with the proposed state contract as well as  any  such  enterprises,  if
  known,  which  the  contractor  intends  to  use  in connection with the
  contractor's performance of the proposed state contract. The plan  shall
  specifically  contain  a list, including the name, address and telephone
  number, of each certified enterprise with which the  contractor  intends
  to subcontract.
    10.  "Office" shall mean the division of minority and women's business
  development in the department of economic development.
    11. "State agency" shall mean (a) (i) any state  department,  or  (ii)
  any  division,  board,  commission or bureau of any state department, or
  (iii) the state university of New York and the city  university  of  New
  York,  including  all  their constituent units except community colleges
  and  the  independent  institutions  operating  statutory  or   contract
  colleges  on  behalf  of the state, or (iv) a board, a majority of whose
  members are appointed by the governor or who serve by  virtue  of  being
  state  officers  or  employees  as  defined in subparagraph (i), (ii) or
  (iii) of paragraph (i) of subdivision one of  section  seventy-three  of
  the public officers law:
    (b) the following:
          Albany County Airport Authority;
          Albany Port District Commission;
          Alfred, Almond, Hornellsville Sewer Authority;
          Battery Park City Authority;
          Cayuga County Water and Sewer Authority;
          (Nelson A. Rockefeller) Empire State Plaza Performing Arts
            Center Corporation;
          Industrial Exhibit Authority;
          Livingston County Water and Sewer Authority;
          Long Island Power Authority;
          Long Island Rail Road;
          Long Island Market Authority;
          Manhattan and Bronx Surface Transit Operating Authority;
          Metro-North Commuter Railroad;
          Metropolitan Suburban Bus Authority;
          Metropolitan Transportation Authority;
          Natural Heritage Trust;
          New York City Transit Authority;
          New York Convention Center Operating Corporation;
          New York State Bridge Authority;
          New York State Olympic Regional Development Authority;
          New York State Thruway Authority;
          Niagara Falls Public Water Authority;
          Niagara Falls Water Board;
          Port of Oswego Authority;
          Power Authority of the State of New York;
          Roosevelt Island Operating Corporation;
          Schenectady Metroplex Development Authority;
          State Insurance Fund;
          Staten Island Rapid Transit Operating Authority;
          State University Construction Fund;
          Triborough Bridge and Tunnel Authority.
          Upper Mohawk valley regional water board.
          Upper Mohawk valley regional water finance authority.
          Upper Mohawk valley memorial auditorium authority.
          Urban Development Corporation and its subsidiary corporations.
    (c) the  following  only to the extent of state contracts entered into
  for its own account or for the benefit of a state agency as  defined  in
  paragraph (a) or (b) of this subdivision:

          Dormitory Authority of the State of New York;
          Facilities Development Corporation;
          New York State Energy Research and Development Authority;
          New York State Science and Technology Foundation.
    12.  "State  assisted  housing  project" shall mean, for such projects
  which receive from the  New  York  state  housing  finance  agency,  the
  affordable  housing  corporation,  the housing trust fund corporation or
  the division of housing and community renewal a grant or loan for all or
  part of the total project cost:
    (a) a "permanent housing project for homeless families"  or  "project"
  as  defined  in  subdivision  five  of section sixty-four of the private
  housing finance law;
    (b) a "project" as  defined  in  subdivision  twelve  of  section  one
  thousand  one  hundred  one  of the private housing finance law provided
  said project is located in a large county  and  consists  of  more  than
  twelve residential units at a single site;
    (c)  "affordable  home ownership development programs" or "project" as
  defined in subdivision eight of section one thousand one hundred  eleven
  of the private housing finance law provided said project is located in a
  metropolitan  area  as  herein  defined and consists of more than twelve
  residential units at a single site;
    (d) a "turnkey/enhanced rental project" or  "project"  as  defined  in
  subdivision two of section one thousand one hundred six-a of the private
  housing finance law;
    (e)  "infrastructure  improvements"  as  defined in subdivision two of
  section one thousand one  hundred  thirty-one  of  the  private  housing
  finance  law,  to the extent that such "infrastructure improvements" are
  applied for in connection with  a  state  assisted  housing  project  as
  defined  in  paragraphs (a) through (d) of this subdivision and provided
  further that the applicant for such infrastructure improvements and  for
  such state assisted housing project are identical.
    13.  "State  contract" shall mean: (a) a written agreement or purchase
  order instrument,  providing  for  a  total  expenditure  in  excess  of
  twenty-five  thousand dollars, whereby a contracting agency is committed
  to expend or does expend funds in return for labor, services,  supplies,
  equipment,  materials  or  any  combination  of  the  foregoing,  to  be
  performed for, or rendered or furnished to the contracting agency; (b) a
  written agreement in excess of one hundred thousand  dollars  whereby  a
  contracting  agency  is committed to expend or does expend funds for the
  acquisition, construction,  demolition,  replacement,  major  repair  or
  renovation  of real property and improvements thereon; and (c) a written
  agreement in excess of one hundred thousand dollars whereby the owner of
  a state assisted housing project is committed to expend or  does  expend
  funds  for the acquisition, construction, demolition, replacement, major
  repair or renovation of real property and improvements thereon for  such
  project.  For the purposes of this article the term "services" shall not
  include banking relationships, the issuance  of  insurance  policies  or
  contracts, or contracts with a contracting agency for the sale of bonds,
  notes or other securities.
    14.  "Subcontract"  shall  mean  an  agreement  providing  for a total
  expenditure  in  excess  of  twenty-five  thousand   dollars   for   the
  construction,   demolition,   replacement,   major  repair,  renovation,
  planning or design of real property and improvements thereon  between  a
  contractor  and  any individual or business enterprise, including a sole
  proprietorship, partnership, corporation, or not-for-profit corporation,
  in which a portion of a contractor's obligation under a  state  contract
  is  undertaken  or  assumed,  but  shall  not  include any construction,
  demolition, replacement, major repair, renovation, planning or design of

  real property or improvements thereon for  the  beneficial  use  of  the
  contractor.
    15.   "Women-owned   business   enterprise"   shall  mean  a  business
  enterprise, including a sole proprietorship, partnership or  corporation
  that  is:  (a)  at  least  fifty-one percent owned by one or more United
  States citizens or permanent resident aliens who are women;
    (b) an enterprise in which the ownership interest  of  such  women  is
  real, substantial and continuing;
    (c)  an enterprise in which such women ownership has and exercises the
  authority to control independently the day-to-day business decisions  of
  the enterprise; and
    (d)  an  enterprise  authorized  to  do  business  in  this  state and
  independently owned and operated.
    16. "Statewide advocate"  shall  mean  the  person  appointed  by  the
  commissioner  to  serve  in the capacity of the minority and women-owned
  business enterprise statewide advocate.
    17. "Commissioner" shall mean the commissioner of  the  department  of
  economic development.
    * NB Expires December 31, 2018