S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7007--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 10, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Corporations, Authorities and Commissions -- reported
   and referred to the Committee  on  Ways  and  Means  --  reported  and
   referred to the Committee on Rules -- Rules Committee discharged, bill
   amended, ordered reprinted as amended and recommitted to the Committee
   on Rules
 
 AN  ACT  to amend the public authorities law, in relation to modernizing
   the metropolitan transportation authority's small  business  mentoring
   program
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (c) of subdivision 1 of  section  1265-b  of  the
 public  authorities law, as added by chapter 206 of the laws of 2010, is
 amended to read as follows:
   (c) "small business" means a business in the construction trades which
 (i) is independently owned and operated; (ii) has  annual  revenues  not
 exceeding  a  fiscal  limitation  of  [five] TEN million dollars or such
 lesser  amount  as  established  by  the  authority  pursuant  to  these
 provisions; and (iii) meets additional criteria as otherwise established
 by  the chairman in consultation with the members of the MTA small busi-
 ness mentoring program advisory committee. The chair  of  the  committee
 shall  be  the  chief  diversity officer of the MTA. The authority shall
 establish a detailed definition in general  and  specific  to  different
 segments of the construction industry to the extent necessary to reflect
 differing characteristics of such segments based on the criteria used by
 the United States small business administration for loans to small busi-
 nesses as set forth in Sections 121.301 through 121.305, or for awarding
 government  procurements  as  set  forth  in  Sections  121.401  through
 121.413, of Subpart A of Part 121 of Chapter I of Title 13 of  the  Code
 of Federal Regulations as amended, and such other criteria as determined
 by the authority;

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11101-04-3
              

 A. 7007--A                          2
 
   §  2.  Paragraph  (d) of subdivision 1 of section 1265-b of the public
 authorities law, as added by chapter 206 of the laws of 2010, is amended
 to read as follows:
   (d) "small business mentoring program" is a program established by the
 authority  pursuant  to  these  provisions  to  provide small businesses
 accepted into the program with the opportunity:
   (i) for up to [four] FIVE years, to compete for and, where awarded, to
 perform certain authority public work contracts to be designated by  the
 authority  for  inclusion  in this program under this subparagraph, with
 the assistance of an authority-provided mentor, which shall  be  a  firm
 competitively  selected by the authority that has extensive construction
 management and mentoring experience, with  the  mentor  to  provide  the
 small  business with advice and assistance in competing for and managing
 authority public work contracts; and
   (ii) for a small business  mentoring  program  participant  which  the
 authority  has  determined  has successfully completed the program under
 subparagraph (i) of this paragraph, for up  to  [four]  FIVE  additional
 years,  (A)  additional  opportunities  to compete with other designated
 small businesses in the program for certain public work contracts to  be
 designated  for inclusion under this subparagraph and, where awarded, to
 perform such authority public work contracts, with the  further  assist-
 ance of an authority-provided mentor, which shall be a firm competitive-
 ly  selected by the authority that has extensive construction management
 and mentoring experience, with the mentor to provide the small  business
 with  advice  and  technical  assistance  in  competing for and managing
 authority public work contracts, and (B) authority-provided  assistance,
 as  determined  by  the  authority,  for such a small business to obtain
 bonding for public work contracts that are competitively awarded  pursu-
 ant to provisions of law other than this section.
   §  3.  Paragraph  (e) of subdivision 1 of section 1265-b of the public
 authorities law, as added by chapter 206 of the laws of 2010, is amended
 to read as follows:
   (e) "small business mentoring program contract" means a  non-federally
 funded,  UNLESS  AUTHORIZED  BY  THE  APPLICABLE FEDERAL FUNDING AGENCY,
 authority public work contract designated by the authority, in an  esti-
 mated  amount of not more than one million FIVE HUNDRED THOUSAND dollars
 for contracts under subparagraph (i) of paragraph (d) of  this  subdivi-
 sion  and  [three] FIVE million dollars for contracts under subparagraph
 (ii) of paragraph (d) of this subdivision, for which bids  or  proposals
 are to be invited and accepted only from businesses that are enrolled in
 the  small  business  mentoring  program  and  have been selected by the
 authority to compete for the contract.
   § 4.   Section 1265-b of the public  authorities  law  is  amended  by
 adding a new subdivision 7 to read as follows:
   7.  THE AUTHORITY SHALL SUBMIT A REPORT, NO LATER THAN SEPTEMBER THIR-
 TIETH, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE  GOVER-
 NOR,  THE  TEMPORARY  PRESIDENT  OF  THE  SENATE, AND THE SPEAKER OF THE
 ASSEMBLY REGARDING PROCUREMENTS MADE  PURSUANT  TO  THIS  SECTION.  SUCH
 REPORT  SHALL INCLUDE A DESCRIPTION OF EACH PROCUREMENT MADE PURSUANT TO
 THIS SUBDIVISION AND THE RATIONALE FOR WHY THE PUBLIC WORK CONTRACT  WAS
 SELECTED  AS  A  SMALL  BUSINESS MENTORING PROGRAM CONTRACT, INFORMATION
 REGARDING THE  PROCUREMENT  PROCESS  FOR  EACH  SUCH  MENTORING  PROGRAM
 CONTRACT  AND  THE  NAME OR NAMES OF THE SMALL BUSINESSES THAT FULFILLED
 THE CONTRACT, THE PROJECT IDENTIFICATION NUMBER AND  A  DESCRIPTION  FOR
 EACH  SUCH  PROJECT  PERFORMED PURSUANT TO THE CONTRACT, THE CONTRACTUAL
 COMPLETION DATE FOR EACH CONTRACT, THE STATUS OF EACH SUCH PROJECT,  THE
 A. 7007--A                          3
 
 CONTRACT  PRICE,  INCLUDING  EXECUTED  MODIFICATIONS,  WHETHER A PROJECT
 RECEIVED SURETY  BOND  OR  INSURANCE  CONTRACT  ASSISTANCE  PURSUANT  TO
 SUBPARAGRAPH  (VI)  OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION,
 THE  TOTAL DOLLAR VALUE OF MONIES PAID TO MINORITY-OWNED AND WOMEN-OWNED
 BUSINESS ENTERPRISES AND DISADVANTAGED BUSINESS ENTERPRISES PURSUANT  TO
 THIS  SECTION ITEMIZED BY YEAR AND INCLUDING THE TOTAL DOLLAR VALUES FOR
 THE FIVE YEARS PRECEDING THE RESPECTIVE ANNUAL  REPORT'S  RELEASE  DATE.
 SUCH   REPORT   SHALL   ADDITIONALLY   IDENTIFY  THE  AUTHORITY-PROVIDED
 CONSTRUCTION MANAGER MENTORS AND DESCRIBE  THEIR  COMPETITIVE  SELECTION
 PROCESS,  DESCRIBE  THE  TECHNICAL ASSISTANCE AND ADVICE PROVIDED BY THE
 AUTHORITY AND THE MENTORS TO  PROGRAM  PARTICIPANTS,  AND  DESCRIBE  THE
 BUSINESS  TRAINING  PROVIDED BY SUCH MENTOR. FOR ANNUAL REPORTS, ANY NEW
 PROCUREMENTS AND CHANGES DURING THE PERIOD COVERED BY THE  REPORT  SHALL
 BE IDENTIFIED SEPARATELY.
   §  5.  This act shall take effect immediately; provided, however, that
 the amendments to section 1265-b of the public authorities law  made  by
 sections  one,  two,  three  and  four  of this act shall not affect the
 repeal of such section and shall be deemed repealed therewith.