S T A T E O F N E W Y O R K
________________________________________________________________________
6659--A
2023-2024 Regular Sessions
I N S E N A T E
May 3, 2023
___________
Introduced by Sen. COMRIE -- read twice and ordered printed, and when
printed to be committed to the Committee on Transportation -- commit-
tee discharged, bill amended, ordered reprinted as amended and recom-
mitted to said committee
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.
LBD11101-05-3
S. 6659--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
S. 6659--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.