* § 310. Definitions. As used in this article, the following terms\nshall have the following meanings:\n 1. "Certified business" shall mean a business verified as a minority\nor women-owned business enterprise pursuant to section three hundred\nfourteen of this article.\n 2. "Contracting agency" shall mean a state agency which is a party or\na proposed party to a state contract or, in the case of a state contract\ndescribed in paragraph (c) of subdivision thirteen of this section,\nshall mean the New York state housing finance agency, housing trust fund\ncorporation or affordable housing corporation, whichever has made or\nproposes to make the grant or loan for the state assisted housing\nproject.\n 3. "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 4. "Director" shall mean the director of the division of minority and\nwomen's business development in the department of economic development.\n 5. "Large county" shall mean a county having a population in excess of\ntwo hundred eighty-five thousand according to the most recent federal\ndecennial census, provided however, that a county having a population in\nexcess of two hundred eighty-five thousand according to the nineteen\nhundred eighty federal decennial census shall continue to be a large\ncounty thereafter notwithstanding a later census showing a population of\nless than two hundred eighty-five thousand for such county.\n 6. "Metropolitan area" shall mean a city with a population of one\nmillion or more and a county having a population in excess of one\nmillion and immediately contiguous to such city.\n 7. "Minority-owned business enterprise" shall mean a business\nenterprise, including a sole proprietorship, partnership, limited\nliability company or corporation that is:\n (a) at least fifty-one percent owned by one or more minority group\nmembers;\n (b) an enterprise in which such minority ownership is real,\nsubstantial and continuing;\n (c) an enterprise in which such minority ownership has and exercises\nthe authority to control independently the day-to-day business decisions\nof the enterprise;\n (d) an enterprise authorized to do business in this state and\nindependently owned and operated;\n (e) an enterprise owned by an individual or individuals, whose\nownership, control and operation are relied upon for certification, with\na personal net worth that does not exceed fifteen million dollars, and\nsuch other amount as the director shall set forth in regulations, as\nadjusted annually on the first of January for inflation according to the\nconsumer price index of the previous year; and\n (f) an enterprise that is a small business pursuant to subdivision\ntwenty of this section.\n 8. "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 9. "Utilization plan" shall mean a plan prepared by a contractor and\nsubmitted in connection with a proposed state contract. The utilization\nplan shall identify certified minority or women-owned business\nenterprises, if known, that have committed to perform work in connection\nwith the proposed state contract as well as any such enterprises, if\nknown, wh
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