N.Y. Executive Law Section 821
Definitions


As used in this article, the following terms shall have the following meanings:

1.

“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.

2.

“Department” shall mean the department of labor.

3.

“Director” shall mean the director of the division of minority and women’s business development.

4.

“Disparity study” shall mean the most recent study of disparities between the utilization of minority group members and women in the performance of state contracts and the availability of minority group members and women to perform such work by the director pursuant to article 15-A (Participation By Minority Group Members and Women With Respect to State Contracts)article fifteen-A of this chapter.

5.

“Division” shall mean the department of economic development’s division of minority and women’s business development.

6.

“Minority group member” shall mean a United States citizen or permanent resident noncitizen 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/Latino 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.

7.

“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 Public Officers Law § 73 (Business or professional activities by state officers and employees and party officers)section seventy-three of the public officers law.

(b)

a “state authority,” as defined in subdivision one of Public Authorities Law § 2 (Definitions)section two of the public authorities law, and 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; Syracuse Regional Airport Authority; 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.

8.

“State contract” shall mean:

(a)

a written agreement in excess of one hundred thousand dollars whereby a state 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

(b)

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.

9.

“Subcontractor” shall mean any individual or business enterprise that provides goods or services to any individual or business for use in the performance of a state contract, whether or not such goods or services are provided to a party to a state contract. * NB Repealed December 31, 2024

Source: Section 821 — Definitions, https://www.­nysenate.­gov/legislation/laws/EXC/821 (updated Dec. 16, 2022; accessed Jun. 15, 2024).

Accessed:
Jun. 15, 2024

Last modified:
Dec. 16, 2022

§ 821’s source at nysenate​.gov

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