§ 821 — Definitions

* § 821. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Contractor" shall mean an individual, a business enterprise,\nincluding a sole proprietorship, a partnership, a corporation, a\nnot-for-profit corporation, or any other party to a state contract, or a\nbidder in conjunction with the award of a state contract or a proposed\nparty to a state contract.\n 2. "Department" shall mean the department of labor.\n 3. "Director" shall mean the director of the division of minority and\nwomen's business development.\n 4. "Disparity study" shall mean the most recent study of disparities\nbetween the utilization of minority group members and women in the\nperformance of state contracts and the availability of minority group\nmembers and women to perform such work by the director pursuant to\narticle fifteen-A of this chapter.\n 5. "Division" shall mean the department of economic development's\ndivision of minority and women's business development.\n 6. "Minority group member" shall mean a United States citizen or\npermanent resident noncitizen who is and can demonstrate membership in\none of the following groups:\n (a) Black persons having origins in any of the Black African racial\ngroups;\n (b) Hispanic/Latino persons of Mexican, Puerto Rican, Dominican,\nCuban, Central or South American of either Indian or Hispanic origin,\nregardless of race;\n (c) Native American or Alaskan native persons having origins in any of\nthe original peoples of North America;\n (d) Asian and Pacific Islander persons having origins in any of the\nFar East countries, South East Asia, the Indian subcontinent or the\nPacific Islands.\n 7. "State agency" shall mean (a)(i) any state department, or (ii) any\ndivision, board, commission or bureau of any state department, or (iii)\nthe state university of New York and the city university of New York,\nincluding all their constituent units except community colleges and the\nindependent institutions operating statutory or contract colleges on\nbehalf of the state, or (iv) a board, a majority of whose members are\nappointed by the governor or who serve by virtue of being state officers\nor employees as defined in subparagraph (i), (ii) or (iii) of paragraph\n(i) of subdivision one of section seventy-three of the public officers\nlaw.\n (b) a "state authority," as defined in subdivision one of section two\nof the public authorities law, and the following:\nAlbany County Airport Authority;\nAlbany Port District Commission;\nAlfred, Almond, Hornellsville Sewer Authority;\nBattery Park City Authority;\nCayuga County Water and Sewer Authority;\n(Nelson A. Rockefeller) Empire State Plaza Performing Arts Center\nCorporation;\nIndustrial Exhibit Authority;\nLivingston County Water and Sewer Authority;\nLong Island Power Authority;\nLong Island Rail Road;\nLong Island Market Authority;\nManhattan and Bronx Surface Transit Operating Authority;\nMetro-North Commuter Railroad;\nMetropolitan Suburban Bus Authority;\nMetropolitan Transportation Authority;\nNatural Heritage Trust;\nNew York City Transit Authority;\nNew York Convention Center Operating Corporation;\nNew York State Bridge Authority;\nNew York State Olympic Regional Development Authority;\nNew York State Thruway Authority;\nNiagara Falls Public Water Authority;\nNiagara Falls Water Board;\nPort of Oswego Authority;\nPower Authority of the State of New York;\nRoosevelt Island Operating Corporation;\nSchenectady Metroplex Development Authority;\nState Insurance Fund;\nStaten Island Rapid Transit Operating Authority;\nState University Construction Fund;\nSyracuse Regional Airport Authority;\nTriborough Bridge and Tunnel Authority;\nUpper Mohawk Valley Regional Water Board;\nUpper Mohawk Valley Regional Water Finance Authority;\nUpper Mohawk Valley Memorial Auditorium Authority;\nUrban Development Corporation and its subsidiary corporations.\n (c) the following only to the extent of state contracts entered into\nfor its own account or for the benefit of a state agency as defined in\nparagraph (a) or (b) of this subdivision:\nDormitory Authority of the State of New York;\nFacilities Development Corporation;\nNew York State Energy Research and Development Authority;\nNew York State Science and Technology Foundation.\n 8. "State contract" shall mean: (a) a written agreement in excess of\none hundred thousand dollars whereby a state agency is committed to\nexpend or does expend funds for the acquisition, construction,\ndemolition, replacement, major repair or renovation of real property and\nimprovements thereon; and (b) a written agreement in excess of one\nhundred thousand dollars whereby the owner of a state assisted housing\nproject is committed to expend or does expend funds for the acquisition,\nconstruction, demolition, replacement, major repair or renovation of\nreal property and improvements thereon for such project.\n 9. "Subcontractor" shall mean any individual or business enterprise\nthat provides goods or services to any individual or business for use in\nthe performance of a state contract, whether or not such goods or\nservices are provided to a party to a state contract.\n * NB Repealed December 31, 2024\n