S T A T E O F N E W Y O R K
________________________________________________________________________
7960
I N S E N A T E
May 26, 2010
___________
Introduced by Sen. PERKINS -- read twice and ordered printed, and when
printed to be committed to the Committee on Corporations, Authorities
and Commissions
AN ACT to amend the public authorities law, in relation to the award of
certain contracts to small businesses and/or businesses certified
under article 15-A of the executive law; and providing for the repeal
of such provisions upon expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 1678 of the public authorities law is amended by
adding a new subdivision 25 to read as follows:
25. (A) TO AWARD CONTRACTS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO THE CONTRARY, FOR THE PROCUREMENT OF GOODS OR SERVICES FROM SMALL
BUSINESSES AND/OR BUSINESSES CERTIFIED UNDER ARTICLE FIFTEEN-A OF THE
EXECUTIVE LAW IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
(B) PROCUREMENTS MADE PURSUANT TO THIS SUBDIVISION SHALL BE GOVERNED
BY THE AUTHORITY'S PROCUREMENT POLICY AND GUIDELINES ADOPTED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER. SUCH GUIDE-
LINES SHALL INCLUDE, BUT NOT BE LIMITED TO: (I) A COMPETITIVE PROCESS
THAT PROVIDES OPPORTUNITY AND ACCESS TO PROCUREMENTS, PURSUANT TO WHICH
CONTRACTS MAY BE AWARDED TO SMALL BUSINESSES AND/OR BUSINESSES CERTIFIED
UNDER ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW; (II) PROVIDE A BENCHMARK
OF AMOUNTS PAID UNDER CONTRACTS AWARDED UNDER THIS SUBDIVISION AGAINST
AMOUNTS PAID UNDER OTHER AUTHORITY CONTRACTS FOR LIKE GOODS OR SERVICES;
AND (III) REQUIRE AN ANNUAL ASSESSMENT OF THE EFFECTIVENESS OF SUCH
PROCEDURES IN HELPING THE AUTHORITY ACHIEVE THE AUTHORITY'S GOALS ESTAB-
LISHED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW FOR PARTIC-
IPATION BY MINORITY AND WOMEN-OWNED ENTERPRISES. SUCH ANNUAL ASSESSMENT
MAY BE INCLUDED WITHIN THE AUTHORITY'S ANNUAL REPORT REQUIRED BY THIS
ARTICLE AND SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.
(C) THE TOTAL VALUE OF CONTRACTS AWARDED PURSUANT TO THIS SUBDIVISION
SHALL NOT EXCEED TWO PERCENT OF THE VALUE OF ALL CONTRACTS OFFERED IN
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD17480-01-0
S. 7960 2
ANY FISCAL YEAR OF THE AUTHORITY; PROVIDED, HOWEVER, THE TOTAL AMOUNT
AVAILABLE FOR AWARD PURSUANT TO THIS SECTION SHALL NOT BE LESS THAN ONE
PERCENT OF THE VALUE OF ALL CONTRACTS OFFERED IN ANY FISCAL YEAR OF THE
AUTHORITY.
S 2. This act shall take effect immediately and shall expire July 1,
2015 when upon such date the provisions of this act shall be deemed
repealed.