A 3518 New York Assembly · 2025 Regular Session

Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded

Summary
Requires contracting agencies to contact minority and women-owned business enterprises when such enterprise is listed on a utilization plan and when a contract is awarded; mandates that the contractor use such enterprise identified on the utilization plan, unless such enterprise cannot perform or is no longer state certified.
Bill status in committee 1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 28, 2025 Last action Jun 4, 2026
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What changed between versions

A3518 A3518A · 5 edits
MODERATE
This bill was amended to broaden its application by replacing the term 'prime contractor' with 'contractor' throughout the text, thereby extending requirements to all contractors rather than just those with subcontracts. Additionally, the amendment adds significant protections for subcontractors by including a 'good faith' exception for late payments caused by disputes or unavailable subcontractors, and it clarifies that subcontractor lists can be updated with agency approval if necessary.
Scope change
The bill's scope was expanded from applying only to 'prime contractors' to applying to all 'contractors', and the definition of who must be paid was broadened to include any subcontractor, not just minority and women-owned ones.
REQUIREMENT

The term 'prime contractor' was changed to 'contractor' in multiple instances, meaning the rules regarding utilization plans and payment timelines now apply to all contractors, not just those acting as prime contractors.

New language was added to allow a contractor to amend the list of minority and women-owned businesses on a utilization plan if there is 'good cause' and written approval from the contracting agency.

The requirement to make payments to minority and women-owned enterprises was expanded to require payments to 'each subcontractor,' regardless of ownership status.

The requirement to execute subcontractor agreements was updated to include any subcontractor listed in the bid, proposal, or other disclosure, not just those on the utilization plan.

ENFORCEMENT

A 'good faith' exception was added to the payment timeline, preventing late payment penalties if the delay was due to a dispute, unavailable subcontractor, or missing information.

Floor votes

How they voted

No floor votes recorded yet.
Full legislative history

Actions timeline

Total actions
11
Key actions
2
Committee
5
Amendments
2
Jun 4, 2026
Committee
REPORTED REFERRED TO RULES
lower
Jun 2, 2026
Committee
REFERENCE CHANGED TO WAYS AND MEANS
lower
May 27, 2026
Committee
REPORTED REFERRED TO CODES
lower
May 22, 2026
Lower · Passed
PRINT NUMBER 3518A
lower
May 22, 2026
Lower · Passed
AMEND AND RECOMMIT TO GOVERNMENTAL OPERATIONS
lower
Jan 7, 2026
Committee
REFERRED TO GOVERNMENTAL OPERATIONS
lower
Jan 28, 2025
Committee
REFERRED TO GOVERNMENTAL OPERATIONS
lower
1 primary · 10 co-sponsors

Sponsors