Section 428. Minority and women-owned business enterprise program

1.
  Federal  assistance  projects.  Where  a  transportation  infrastructure
  renewal  project  or  municipal  transportation  infrastructure  project
  involving federal assistance is undertaken to effectuate the  provisions
  of  this  article,  applicable federal laws relative to participation of
  minority and women-owned business enterprises shall apply.
    2. Other transportation infrastructure renewal  projects.  a.  In  the
  performance  of transportation infrastructure renewal projects, minority
  and women-owned business enterprises shall be given the opportunity  for
  meaningful  participation.  The  governor  shall  establish measures and
  procedures  to  secure  meaningful  participation  and  identify   those
  contracts  and items of work for which minority and women-owned business
  enterprises may best bid  to  actively  and  affirmatively  promote  and
  assist   their   participation  in  the  department's  construction  and
  procurement program for transportation infrastructure renewal  projects,
  so  as  to  facilitate  the  award  of a fair share of contracts to such
  enterprises; provided, however, that nothing in this  article  shall  be
  construed  to limit the ability of the governor to assure that qualified
  minority and women-owned business enterprises  may  participate  in  the
  transportation  infrastructure  renewal  program.   For purposes hereof,
  minority business enterprise shall mean any business enterprise which is
  at least fifty-one per centum owned by, or in the  case  of  a  publicly
  owned  business,  at least fifty-one per centum of the stock of which is
  owned by citizens or permanent resident aliens who are Black,  Hispanic,
  Asian   or  American  Indian,  and  such  ownership  interest  is  real,
  substantial and continuing; and women-owned  business  enterprise  shall
  mean  any  business  enterprise  which  is at least fifty-one per centum
  owned by, or in  the  case  of  a  publicly  owned  business,  at  least
  fifty-one  per  centum  of  the  stock  of which is owned by citizens or
  permanent resident aliens who are women, and such ownership interest  is
  real, substantial and continuing.
    The  provisions  of this paragraph shall not be construed to limit the
  ability of any minority business enterprise to bid on any contract.
    b. In  the  implementation  of  this  section,  the  department  shall
  consider  compliance  by  any  contractor  with  the requirements of any
  federal,  state,  or  local  law  concerning  minority  and  women-owned
  business  enterprises,  which  may  effectuate  the requirements of this
  section. If the department determines that by virtue of  the  imposition
  of  the  requirements  of  any  such  law, in respect to capital project
  contracts, the provisions thereof duplicate or conflict with  such  law,
  the department may waive the applicability of this section to the extent
  of such duplication or conflict.
    c.  Nothing  in  this  section shall be deemed to require that overall
  state  and  federal  requirements  for  participation  of  minority  and
  women-owned  business  enterprises  in  programs  authorized  under this
  article be applied without regard to local circumstances to all projects
  or in all communities.
    3. In order to implement  the  requirements  and  objectives  of  this
  section,   the  governor  shall  establish  procedures  to  monitor  the
  contractors' compliance with provisions hereof,  provide  assistance  in
  obtaining   competing   qualified   minority  and  women-owned  business
  enterprises to perform contracts proposed to be awarded, and take  other
  appropriate  measures  to improve the access of minority and women-owned
  business enterprises to these contracts.