S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  7673--A
 
                        2023-2024 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               June 1, 2023
                                ___________
 
 Introduced  by  M.  of A. BICHOTTE HERMELYN -- read once and referred to
   the Committee on Cities -- committee discharged, bill amended, ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the New York city charter, the education law, the public
   housing law and the New York city  health  and  hospitals  corporation
   act, in relation to construction and mentoring programs; and providing
   for the repeal of certain provisions upon the expiration thereof
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The New York city  charter  is  amended  by  adding  a  new
 section 1309 to read as follows:
   §  1309.  MENTORING PROGRAM. A. AS USED IN THIS SECTION, THE FOLLOWING
 TERMS SHALL HAVE THE FOLLOWING MEANINGS:
   1. THE TERM "MENTORING PROGRAM" MEANS A PROGRAM  ESTABLISHED  PURSUANT
 TO THIS SECTION:
   (I)  TO  PROVIDE MENTEE BUSINESSES WITH THE OPPORTUNITY FOR UP TO FOUR
 YEARS, TO COMPETE FOR AND, WHERE AWARDED, TO PERFORM  CERTAIN  CONTRACTS
 DESIGNATED  FOR  INCLUSION IN THE MENTORING PROGRAM, WITH THE ASSISTANCE
 OF A COMPETITIVELY SELECTED MENTOR FIRM THAT  HAS  EXTENSIVE  MANAGEMENT
 AND  MENTORING EXPERIENCE, WITH THE MENTOR PROVIDING THE MENTEE BUSINESS
 WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING CONTRACTS; AND
   (II) TO PROVIDE TO A MENTEE BUSINESS THAT THE MENTORING PROGRAM AGENCY
 HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER SUBPARAGRAPH
 (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS:  (A)  ADDITIONAL
 OPPORTUNITIES  TO COMPETE WITH OTHER DESIGNATED MENTEE BUSINESSES IN THE
 PROGRAM FOR CERTAIN CONTRACTS TO BE DESIGNATED FOR INCLUSION UNDER  THIS
 SUBPARAGRAPH  AND,  WHERE  AWARDED,  TO PERFORM SUCH CONTRACTS, WITH THE
 FURTHER ASSISTANCE OF A COMPETITIVELY  SELECTED  MENTOR  FIRM  THAT  HAS
 EXTENSIVE MANAGEMENT AND MENTORING EXPERIENCE, WITH THE MENTOR PROVIDING
 THE  MENTEE  WITH  ADVICE  AND TECHNICAL ASSISTANCE IN COMPETING FOR AND
 MANAGING CONTRACTS; AND (B) ASSISTANCE, AS DETERMINED BY  THE  MENTORING
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD11213-03-3
              

 A. 7673--A                          2
 
 PROGRAM  AGENCY,  FOR  SUCH  A  MENTEE  BUSINESS  TO  OBTAIN BONDING FOR
 CONTRACTS THAT ARE COMPETITIVELY AWARDED PURSUANT TO ANY OTHER PROVISION
 OF LAW.
   2. THE TERM "MENTORING PROGRAM AGENCY" MEANS AN AGENCY THAT HAS ESTAB-
 LISHED A MENTORING PROGRAM PURSUANT TO THIS SECTION.
   3.  THE  TERM "MENTORING PROGRAM CONTRACT" MEANS A CONTRACT DESIGNATED
 BY THE MENTORING PROGRAM AGENCY, IN AN ESTIMATED AMOUNT OF NOT MORE THAN
 ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR CONTRACTS  UNDER  SUBPARA-
 GRAPH  (I) OF PARAGRAPH ONE OF THIS SUBDIVISION AND FIVE MILLION DOLLARS
 FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF SUCH PARAGRAPH, FOR WHICH  BIDS
 OR  PROPOSALS  ARE  TO BE INVITED AND ACCEPTED ONLY FROM BUSINESSES THAT
 ARE ENROLLED IN A MENTORING  PROGRAM  AND  HAVE  BEEN  SELECTED  BY  THE
 MENTORING PROGRAM TO COMPETE FOR THE CONTRACT.
   4.  THE  TERM "SMALL BUSINESS" MEANS A BUSINESS THAT: IS INDEPENDENTLY
 OWNED AND OPERATED; AND HAS ANNUAL REVENUES THAT DO NOT EXCEED AN  AVER-
 AGE  OF  FIVE  MILLION  DOLLARS FOR THE THREE PRECEDING FISCAL YEARS, AS
 CALCULATED AT THE END OF EACH FISCAL YEAR,  OR  SUCH  LESSER  AMOUNT  AS
 ESTABLISHED BY THE MENTORING PROGRAM AGENCY PURSUANT TO THIS SECTION.
   B.  ANY  AGENCY MAY ESTABLISH A MENTORING PROGRAM FOR SMALL BUSINESSES
 IN THE CONSTRUCTION TRADES.
   C. NOTWITHSTANDING ANY OTHER LAW, INCLUDING SECTION TWO THOUSAND  FIVE
 HUNDRED  FOUR  OF  THE  INSURANCE  LAW,  EXCEPT AS OTHERWISE PROVIDED IN
 SUBDIVISION G OF THIS SECTION, A MENTORING PROGRAM AGENCY SHALL HAVE THE
 AUTHORITY TO:
   1. DETERMINE THE CRITERIA PURSUANT TO WHICH A SMALL BUSINESS SHALL  BE
 ELIGIBLE  FOR  AND  SELECTED  AS  A MENTEE BUSINESS PARTICIPATING IN THE
 COMPONENTS OF ITS MENTORING PROGRAM, AS SET FORTH IN  SUBPARAGRAPHS  (I)
 AND  (II)  OF PARAGRAPH ONE OF SUBDIVISION A OF THIS SECTION, THE NUMBER
 OF MENTEE BUSINESSES TO PARTICIPATE IN EACH SUCH  COMPONENT  OF  SUCH  A
 PROGRAM,  THE  CRITERIA  FOR THE COMPETITIVE SELECTION OF THE FIRMS THAT
 WILL PROVIDE MENTORING SERVICES, AND THE ASSIGNMENT OF  A  MENTOR  TO  A
 SPECIFIC MENTEE BUSINESS;
   2.  DESIGNATE  WHICH  ELIGIBLE  CONTRACTS  SHALL  BE MENTORING PROGRAM
 CONTRACTS;
   3. ESTABLISH STANDARDS FOR QUALIFYING MENTEE BUSINESSES TO COMPETE FOR
 A MENTORING PROGRAM CONTRACT, CONSISTENT  WITH  SUBDIVISION  D  OF  THIS
 SECTION;
   4.  DETERMINE  WHEN BIDS OR PROPOSALS FOR A MENTORING PROGRAM CONTRACT
 SHOULD BE RESTRICTED TO MENTEE BUSINESSES THAT, PRIOR TO THE RECEIPT  OF
 BIDS OR PROPOSALS, HAVE BEEN QUALIFIED FOR SUCH COMPETITION;
   5.  COMPETITIVELY  SELECT,  DESIGNATE,  AND  CONTRACT WITH ONE OR MORE
 EXPERIENCED FIRMS THAT, UNDER THE GENERAL SUPERVISION OF  THE  MENTORING
 PROGRAM  AGENCY,  WILL  PROVIDE  MENTORING  SERVICES TO THE MENTEE BUSI-
 NESSES, AND ASSIGN SUCH MENTORS TO ONE OR MORE DESIGNATED  MENTEE  BUSI-
 NESSES;
   6.  ASSIST  MENTEE BUSINESSES THAT HAVE BEEN AWARDED MENTORING PROGRAM
 CONTRACTS TO OBTAIN ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF
 THEM IN CONNECTION WITH SUCH CONTRACT ONLY; AND
   7. PROVIDE MENTEE BUSINESSES TECHNICAL ASSISTANCE  IN  OBTAINING  BID,
 PAYMENT,  AND  PERFORMANCE  BONDING FOR CONTRACTS THAT ARE NOT MENTORING
 PROGRAM CONTRACTS, FOR WHICH SUCH BUSINESSES ARE OTHERWISE QUALIFIED.
   D. IF THE TOTAL NUMBER OF QUALIFIED MENTEE BUSINESSES THAT RESPOND  TO
 A  COMPETITION  AND ARE CONSIDERED CAPABLE OF MEETING THE SPECIFICATIONS
 AND TERMS OF THE INVITATION TO COMPETE IS LESS THAN  THREE,  OR  IF  THE
 MENTORING  PROGRAM  AGENCY  DETERMINES THAT ACCEPTANCE OF THE BEST OFFER
 WILL RESULT IN THE PAYMENT OF AN UNREASONABLE PRICE,  THE  AGENCY  SHALL
 A. 7673--A                          3
 
 REJECT  ALL  OFFERS  AND  WITHDRAW  THE DESIGNATION OF THE CONTRACT AS A
 MENTORING PROGRAM CONTRACT. IF THE AGENCY WITHDRAWS THE  DESIGNATION  OF
 SUCH CONTRACT AS A MENTORING PROGRAM CONTRACT, THE MENTEE BUSINESSES, IF
 ANY, THAT MADE OFFERS SHALL BE NOTIFIED.
   E.  A  MENTOR  SHALL  PROVIDE  CONSTRUCTION  MANAGEMENT  SERVICES TO A
 MENTORING PROGRAM AGENCY IN RELATION TO A MENTORING PROGRAM CONTRACT AND
 SERVICES AND ASSISTANCE TO A  MENTEE  BUSINESS,  AS  DESIGNATED  BY  THE
 MENTORING PROGRAM AGENCY, INCLUDING BUT NOT LIMITED TO THE FOLLOWING:
   1.  PROVIDING  BUSINESS  TRAINING IN THE SKILLS NECESSARY TO OPERATE A
 SUCCESSFUL BUSINESS AND TO COMPETE FOR AND PERFORM A CONTRACT;
   2. PROVIDING TECHNICAL ASSISTANCE TO THE MENTEE BUSINESS TO ASSESS THE
 OUTCOME IF THE MENTEE  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;
   3.  IF  THE  MENTORING PROGRAM CONTRACT IS AWARDED TO THE MENTEE BUSI-
 NESS, PROVIDING GUIDANCE, ADVICE, AND TECHNICAL ASSISTANCE TO THE MENTEE
 BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   4. PROVIDING OTHER TECHNICAL ASSISTANCE  TO  THE  MENTEE  BUSINESS  TO
 FACILITATE  LEARNING,  TRAINING, AND RESOLUTION OF OTHER ISSUES THAT MAY
 ARISE.
   F. EXCEPT AS PROVIDED IN SUBDIVISION G OF THIS SECTION, ANY  MENTORING
 PROGRAM  AGENCY MAY PROMULGATE RULES IMPLEMENTING THE PROVISIONS OF THIS
 SECTION.
   G. 1. NOTWITHSTANDING ANY OTHER SUBDIVISION OF THIS SECTION, THE MAYOR
 MAY AUTHORIZE ANY OFFICE OF THE MAYOR OR  ANY  DEPARTMENT  THE  HEAD  OF
 WHICH  IS  APPOINTED  BY  THE MAYOR TO PROMULGATE RULES IMPLEMENTING THE
 PROVISIONS OF SUBPARAGRAPHS ONE, THREE, FIVE, SIX AND SEVEN OF PARAGRAPH
 ONE OF SUBDIVISION C OF THIS SECTION; AUTHORIZING SUCH OFFICE OR DEPART-
 MENT TO EXERCISE ANY POWER SET FORTH  UNDER  SUBPARAGRAPHS  ONE,  THREE,
 FIVE,  SIX  AND SEVEN OF PARAGRAPH ONE OF SUBDIVISION C OF THIS SECTION;
 AUTHORIZING SUCH OFFICE OR DEPARTMENT AND THE MENTORING  PROGRAM  AGENCY
 TO  JOINTLY  MANAGE  THE  PERFORMANCE OF ANY MENTORING PROGRAM CONTRACT,
 WITH THE ASSISTANCE OF THE MENTOR FIRM PROVIDING  SERVICES  PURSUANT  TO
 SUBDIVISION  E  OF  THIS  SECTION;  OR  COMBINING  TWO OR MORE MENTORING
 PROGRAMS, WHICH MAY INCLUDE THE PROGRAM ESTABLISHED UNDER SECTION TWELVE
 HUNDRED SIX  OF  THIS  CHARTER,  INTO  A  SINGLE  CENTRALIZED  MENTORING
 PROGRAM,  PROVIDED THAT NO PROVISION OF THIS SUBDIVISION SHALL LIMIT THE
 AUTHORITY OF A MENTORING PROGRAM AGENCY TO EXERCISE  THE  AUTHORITY  SET
 FORTH  IN  SUBPARAGRAPH TWO OR FOUR OF PARAGRAPH ONE OF SUBDIVISION C OR
 SUBDIVISION D OF THIS SECTION OR OTHERWISE LIMIT AN  AGENCY'S  AUTHORITY
 TO  ESTABLISH  THE SPECIFICATIONS FOR A CONTRACT OR TO AWARD A CONTRACT,
 AND PROVIDED FURTHER THAT IF THE PROGRAM ESTABLISHED PURSUANT TO SECTION
 TWELVE HUNDRED SIX OF THIS  CHARTER  IS  CENTRALIZED  PURSUANT  TO  THIS
 SUBDIVISION, ANY SUCH RULES PROMULGATED PURSUANT TO THIS PARAGRAPH SHALL
 APPLY TO SUCH PROGRAM.
   2. IF THE MAYOR AUTHORIZES AN OFFICE OR DEPARTMENT TO PROMULGATE RULES
 COMBINING  TWO  OR  MORE  MENTORING  PROGRAMS  INTO A SINGLE CENTRALIZED
 MENTORING PROGRAM PURSUANT TO PARAGRAPH ONE OF THIS SUBDIVISION:
   (I) SUCH OFFICE OR DEPARTMENT SHALL BY RULE ESTABLISH A GOAL  FOR  THE
 AGGREGATE  VALUE  OF  MENTORING  PROGRAM  CONTRACTS AWARDED BY MENTORING
 PROGRAM AGENCIES PARTICIPATING IN SUCH CENTRALIZED  PROGRAM,  WHICH,  TO
 THE EXTENT CONSISTENT WITH THE BUDGET ADOPTED PURSUANT TO CHAPTER TEN OF
 THIS CHARTER, SHALL BE CALCULATED AS FOLLOWS:
   (A) FOR THE FIRST FULL FISCAL YEAR FOLLOWING THE ESTABLISHMENT OF SUCH
 CENTRALIZED PROGRAM, FIFTEEN MILLION DOLLARS IN CONTRACT VALUE; AND
   (B) FOR EACH YEAR OF SUCH CENTRALIZED PROGRAM FOLLOWING THE FIRST FULL
 FISCAL  YEAR  OF  THE  CENTRALIZED  PROGRAM,  A GOAL THAT IS TWENTY-FIVE
 A. 7673--A                          4
 
 PERCENT GREATER THAN THE GOAL ESTABLISHED PURSUANT TO THIS  SUBPARAGRAPH
 FOR  THE PRECEDING YEAR, PROVIDED THAT SUCH ANNUAL GOAL SHALL NOT EXCEED
 ONE HUNDRED FIFTY MILLION DOLLARS IN AGGREGATE CONTRACT VALUE;
   (II) ALL MENTEES PARTICIPATING IN A MENTORING PROGRAM THAT IS COMBINED
 INTO SUCH CENTRALIZED PROGRAM SHALL BE DEEMED SELECTED FOR PARTICIPATION
 IN SUCH CENTRALIZED PROGRAM;
   (III)  ALL  MENTEES  PARTICIPATING  IN A MENTORING PROGRAM ESTABLISHED
 PURSUANT TO SECTION TWELVE HUNDRED SIX OF THIS CHARTER  THAT  ARE  SMALL
 BUSINESSES  SHALL  BE DEEMED SELECTED FOR PARTICIPATION IN SUCH CENTRAL-
 IZED PROGRAM, PROVIDED THAT SUCH PROGRAM ESTABLISHED PURSUANT TO SECTION
 TWELVE HUNDRED SIX OF THIS CHARTER IS DESIGNATED AS  COMBINED  INTO  THE
 CENTRALIZED  MENTORING  PROGRAM  BY A RULE PROMULGATED PURSUANT TO PARA-
 GRAPH ONE OF THIS SUBDIVISION; AND
   (IV) ALL MENTORING PROGRAM CONTRACTS AND  CONTRACTS  LET  PURSUANT  TO
 SECTION  TWELVE  HUNDRED  SIX OF THIS CHARTER FOR WHICH AN INVITATION TO
 COMPETE IS RELEASED PRIOR TO THE EFFECTIVE  DATE  OF  RULES  PROMULGATED
 PURSUANT  TO  PARAGRAPH  ONE OF THIS SUBDIVISION SHALL NOT BE SUBJECT TO
 SUCH RULES.
   H. COMMENCING ON OCTOBER FIRST, TWO THOUSAND TWENTY-FOUR, THE  DEPART-
 MENT SHALL SUBMIT AN ANNUAL REPORT TO THE GOVERNOR, THE TEMPORARY PRESI-
 DENT  OF  THE  SENATE, AND THE SPEAKER OF THE ASSEMBLY THAT CONTAINS THE
 FOLLOWING INFORMATION FOR THE PRECEDING CITY FISCAL YEAR:
   1. THE TOTAL NUMBER  AND  TOTAL  DOLLAR  VALUE  OF  MENTORING  PROGRAM
 CONTRACTS FROM EACH MENTORING PROGRAM ESTABLISHED UNDER THIS SECTION;
   2.  A  BRIEF  DESCRIPTION  OF (I) EACH PROJECT, (II) AGENCY COMPLIANCE
 WITH MENTORING PROGRAM CONTRACT DESIGNATION PROCEDURES, (III)  THE  TYPE
 OF  ASSISTANCE  PROVIDED TO OBTAIN ANY SURETY BOND OR CONTRACT OF INSUR-
 ANCE, AND (IV) THE TYPE OF TECHNICAL ASSISTANCE PROVIDED IN OBTAINING  A
 BID,  PAYMENT,  OR  PERFORMANCE  BONDING FOR MENTORING PROGRAM CONTRACTS
 FROM EACH MENTORING PROGRAM ESTABLISHED UNDER THIS SECTION;
   3. MENTORING PROGRAM PARTICIPATION RATES;
   4. THE PARTICIPATION RATE OF AND TOTAL DOLLAR VALUE OF MONIES PAID  TO
 BUSINESSES  CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES OR
 EMERGING BUSINESS ENTERPRISES PURSUANT TO SECTION THIRTEEN HUNDRED  FOUR
 OF THIS CHAPTER OR THOSE CERTIFIED AS DISADVANTAGED BUSINESS ENTERPRISES
 PURSUANT  TO  PART TWENTY-SIX OF TITLE FORTY-NINE OF THE CODE OF FEDERAL
 REGULATIONS OR ANY SUCCESSOR PROVISIONS; AND
   5. THE DEGREE TO WHICH A CENTRALIZED  MENTORING  PROGRAM,  ESTABLISHED
 PURSUANT  TO  SUBDIVISION  G OF THIS SECTION, HAS ACHIEVED A GOAL ESTAB-
 LISHED PURSUANT TO SUCH SUBDIVISION.
   § 2. Subparagraph (iii) of paragraph (a) of subdivision 36 of  section
 2590-h  of  the  education  law, as amended by chapter 98 of the laws of
 2019, is amended to read as follows:
   (iii) measures to enhance the ability  of  minority  and  women  owned
 business  enterprises  pursuant  to section thirteen hundred four of the
 New York city charter and a certified business  as  defined  in  section
 three hundred ten of the executive law, including firms certified pursu-
 ant  to  article  fifteen-A  of the executive law and firms certified as
 minority and women owned business enterprises pursuant to section  thir-
 teen hundred four of the New York city charter, to compete for contracts
 and to ensure their meaningful participation in the procurement process.
 The  [school]  CITY  district  shall  have the authority to use the same
 measures[,] to enhance minority and women owned business enterprise  AND
 SMALL  BUSINESS  participation  as are available to the city of New York
 pursuant to article five-A  of  the  general  municipal  law,  [section]
 SECTIONS thirteen hundred four AND THIRTEEN HUNDRED NINE of the New York
 A. 7673--A                          5
 
 city  charter,  paragraphs one and two of subdivision i of section three
 hundred eleven of the New York city charter, and section  6-129  of  the
 administrative  code  of the city of New York, PROVIDED THAT THESE POLI-
 CIES  MAY  ESTABLISH  THAT THE CITY DISTRICT IS SUBJECT TO THE RULES AND
 GOAL AUTHORIZED UNDER SUBDIVISION G OF SECTION THIRTEEN HUNDRED NINE  OF
 SUCH CHARTER WITH RESPECT TO A MENTORING PROGRAM ESTABLISHED PURSUANT TO
 THIS  SUBPARAGRAPH, AND PROVIDED FURTHER THAT, IF SUCH POLICIES SUBJECT-
 ING THE CITY DISTRICT TO SUCH RULES AND GOAL ARE ADOPTED, THE CHANCELLOR
 AND THE CITY, ACTING BY THE MAYOR, MAY ENTER INTO A MEMORANDUM OF UNDER-
 STANDING RELATING  TO  MENTORING  OPPORTUNITIES  AUTHORIZED  UNDER  THIS
 SUBPARAGRAPH;
   §  3.  The public housing law is amended by adding a new section 402-g
 to read as follows:
   § 402-G. CONTRACTING WITH MINORITY AND  WOMEN  OWNED  ENTERPRISES  AND
 SMALL BUSINESSES. NOTWITHSTANDING ANY PROVISION OF ARTICLE EIGHT OF THIS
 CHAPTER  OR  ANY  OTHER PROVISION OF LAW, THE AUTHORITY IS AUTHORIZED TO
 ESTABLISH AND IMPLEMENT REASONABLE PROCEDURES TO SECURE  THE  MEANINGFUL
 PARTICIPATION  OF  MINORITY  AND WOMEN OWNED ENTERPRISES AND SMALL BUSI-
 NESSES IN ITS PROCUREMENT PROCESS, AND MAY  USE  THE  SAME  MEASURES  TO
 ENHANCE SMALL BUSINESS PARTICIPATION AS ARE AVAILABLE TO THE CITY OF NEW
 YORK  PURSUANT  TO  SECTION  THIRTEEN  HUNDRED NINE OF THE NEW YORK CITY
 CHARTER, EXCEPT TO THE EXTENT INCONSISTENT  WITH  FEDERAL  LAW  AND  ANY
 FUNDING  REQUIREMENTS  THAT PRECLUDE THE AUTHORITY FROM IMPLEMENTING THE
 PROVISIONS OF THIS SECTION. UPON WRITTEN CONSENT OF THE  AUTHORITY,  THE
 AUTHORITY SHALL BE SUBJECT TO THE RULES AND GOAL AUTHORIZED UNDER SUBDI-
 VISION  G  OF SECTION THIRTEEN HUNDRED NINE OF SUCH CHARTER WITH RESPECT
 TO A MENTORING PROGRAM ESTABLISHED PURSUANT TO  THIS  SECTION,  PROVIDED
 THAT  AFTER  EXECUTION  OF  SUCH WRITTEN CONSENT, THE NYCHA CEO, AS SUCH
 TERM IS DEFINED IN SUBDIVISION FIFTEEN OF SECTION  SIX  HUNDRED  TWENTY-
 SEVEN OF THIS CHAPTER, AND THE CITY, ACTING BY THE MAYOR, MAY ENTER INTO
 A  MEMORANDUM  OF  UNDERSTANDING  RELATING  TO  MENTORING  OPPORTUNITIES
 AUTHORIZED UNDER THIS SECTION.
   § 4. Section 8 of section 1 of chapter  1016  of  the  laws  of  1969,
 constituting  the New York city health and hospitals corporation act, is
 amended by adding a new subdivision 7 to read as follows:
   7. THE CORPORATION SHALL HAVE THE AUTHORITY TO USE THE  SAME  MEASURES
 TO ENHANCE MENTORING OPPORTUNITIES FOR SMALL BUSINESSES AS ARE AVAILABLE
 TO THE CITY OF NEW YORK PURSUANT TO SECTION THIRTEEN HUNDRED NINE OF THE
 NEW  YORK CITY CHARTER. UPON THE WRITTEN CONSENT OF THE CORPORATION, THE
 CORPORATION SHALL BE SUBJECT TO THE RULES AND THE GOAL AUTHORIZED  UNDER
 SUBDIVISION  G  OF  SECTION  THIRTEEN  HUNDRED NINE OF SUCH CHARTER WITH
 RESPECT TO A MENTORING PROGRAM ESTABLISHED PURSUANT TO THIS SUBDIVISION,
 PROVIDED THAT AFTER EXECUTION OF SUCH WRITTEN CONSENT, A DULY AUTHORIZED
 OFFICER OF THE CORPORATION AND THE CITY, ACTING BY THE MAYOR, MAY  ENTER
 INTO  A  MEMORANDUM OF UNDERSTANDING RELATING TO MENTORING OPPORTUNITIES
 AUTHORIZED UNDER THIS SUBDIVISION.
   § 5. If any clause, sentence, paragraph, or section  of  this  act  is
 declared invalid or unconstitutional by any court of competent jurisdic-
 tion,  after  exhaustion  of  all  further judicial review, such portion
 shall be deemed severable, and the court's judgment  shall  not  affect,
 impair or invalidate the remainder of this act, but shall be confined in
 its operation to the clause, sentence, paragraph, or section of this act
 directly involved in the controversy in which the judgment was rendered.
   §  6. For the purposes of this act, the following terms shall have the
 following meanings:
 A. 7673--A                          6
 
   a. "mentoring program contract" shall have the same meaning set  forth
 in section 1309 of the New York city charter, as added by section one of
 this  act,  and  also includes any such contract let pursuant to section
 402-g of the public housing law or subdivision 7 of section 8 of section
 1  of  chapter  1016 of the laws of 1969, constituting the New York city
 health and hospitals corporation act, as added  by  sections  three  and
 four of this act, respectively; and
   b.  "school district mentoring program contract" shall mean a contract
 let pursuant to the terms of section 1309 of the New York  city  charter
 and  pursuant  to the authority set forth in subparagraph (iii) of para-
 graph a of subdivision 36 of section 2590-h of  the  education  law,  as
 amended by section two of this act.
   § 7. This act shall take effect on the one hundred twentieth day after
 it shall have become a law; provided, however:
   a. sections one, three and four of this act shall expire and be deemed
 repealed ten years after such date; provided, however, that such expira-
 tion and repeal shall not affect the solicitation, award, or performance
 of any mentoring program contract, or any extensions or amendments ther-
 eto, or the authority to provide any assistance in conjunction with such
 a mentoring program contract; and
   b. the amendments to paragraph (a) of subdivision 36 of section 2590-h
 of  the  education  law made by section two of this act shall not affect
 the expiration of such section and subdivision and shall expire  and  be
 deemed repealed therewith or ten years after such effective date, which-
 ever shall occur earlier, provided that such expiration and repeal shall
 not  affect  the  solicitation,  award,  or  performance  of  any school
 district mentoring program contract, or  any  extensions  or  amendments
 thereto,  or the authority to provide any assistance in conjunction with
 such a school district mentoring program contract.