S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9864
 
                             I N  S E N A T E
 
                               June 6, 2024
                                ___________
 
 Introduced  by  Sen. SANDERS -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 AN ACT to amend the executive law, the state finance law and the  public
   authorities  law,  in  relation  to establishing expanded construction
   mentorship opportunities for small and minority and women-owned  busi-
   ness enterprises

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Paragraph (e) of subdivision 4 of section 311 of the execu-
 tive law, as added by chapter 96 of the laws of 2019, is amended to read
 as follows:
   (e) identify and establish mentorship opportunities and other business
 development programs to increase capacity and better prepare  MWBEs  for
 bidding  on  contracts with state agencies upon successful completion of
 the mentorship  opportunity.  Such  mentorship  opportunities  shall  be
 intended  to  ensure  that  mentor  and  mentee are connected based on a
 commercially useful function.   MENTORSHIP OPPORTUNITIES SHALL  ALSO  BE
 IDENTIFIED  AND  ESTABLISHED  IN  INSTANCES  WHERE  THERE  IS PRIVITY OF
 CONTRACT BETWEEN A MINORITY AND WOMEN-OWNED BUSINESS  ENTERPRISE  AND  A
 SUBCONTRACTOR OR CONTRACTOR WORKING ON A STATE CONTRACT.
   §  2. Paragraph (j) of subdivision 2-a of section 313 of the executive
 law, as amended by chapter 96 of the laws of 2019, is amended and a  new
 paragraph (k) is added to read as follows:
   (j)  require  each  agency to consult the most current disparity study
 when calculating agency-wide and contract specific  participation  goals
 pursuant to this article; [and]
   (K)  ENCOURAGE  MENTOR-PROTEGE RELATIONSHIPS AS DEFINED IN SECTION ONE
 HUNDRED FORTY-SEVEN OF THE STATE FINANCE LAW,  BETWEEN  A  MINORITY  AND
 WOMEN-OWNED BUSINESS ENTERPRISE AND A STATE AGENCY WHERE THERE IS PRIVI-
 TY  OF  CONTRACT  BETWEEN A MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE
 AND A SUBCONTRACTOR OR CONTRACTOR WORKING ON A STATE CONTRACT.
   § 3. Subdivision 1 of section 147 of the state finance law,  as  added
 by chapter 360 of the laws of 2009, is amended to read as follows:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD15652-01-4
              

 S. 9864                             2
 
   1.  In every state agency, department and authority which has let more
 than ten million dollars in service and construction  contracts  in  the
 prior  fiscal  year, the chief executive officer of that agency, depart-
 ment or authority shall develop a mentor-protege program to foster long-
 term  relationships  between  STATE AGENCIES, approved mentor firms, and
 small business concerns and minority and women-owned  businesses  certi-
 fied  pursuant  to  article  fifteen-A of the executive law, in order to
 enhance the capabilities of small and minority and women-owned  business
 concerns, improve their success in contracting with the state or receiv-
 ing  subcontracts under a state contract, and to create sources of reli-
 able contractors and subcontractors ready to  perform  larger  jobs  and
 responsibilities.    Participation in the program shall be voluntary for
 both the mentor firm and the protege firm.  SUCH MENTOR-PROTEGE PROGRAMS
 SHALL BE ESTABLISHED IN INSTANCES WHERE THERE  IS  PRIVITY  OF  CONTRACT
 BETWEEN A MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISE AND A SUBCONTRAC-
 TOR OR CONTRACTOR WORKING ON A STATE CONTRACT.
   §  4.  Subparagraphs (vi) and (vii) of paragraph b of subdivision 2 of
 section 1265-b of the public authorities law, as added by chapter 206 of
 the laws of 2010, are amended and a new subparagraph (viii) is added  to
 read as follows:
   (vi) to assist only small business mentoring program participants that
 have  been  awarded small business mentoring program contracts to obtain
 any surety bond or contract of insurance required of them in  connection
 with  such  contract  only  notwithstanding any provision of section two
 thousand five hundred four of the insurance law to the contrary; [and]
   (vii) for small businesses that have  been  accepted  into  the  small
 business  mentoring  program under subparagraph (ii) of paragraph (d) of
 subdivision one of this section, in addition to  the  benefits  of  such
 program and notwithstanding any other provision of law, to provide tech-
 nical  assistance  in obtaining bid, payment and performance bonding for
 authority public work contracts that are not  small  business  mentoring
 program  contracts,  for  which  the  small business is otherwise quali-
 fied[.]; AND
   (VIII) TO FURTHER ESTABLISH SMALL BUSINESS MENTORING PROGRAMS  BETWEEN
 THE  AGENCY  AND  A  MINORITY  AND  WOMEN-OWNED  BUSINESS  ENTERPRISE IN
 INSTANCES WHERE THERE IS PRIVITY OF  CONTRACT  BETWEEN  A  MINORITY  AND
 WOMEN-OWNED  BUSINESS ENTERPRISE AND A SUBCONTRACTOR OR CONTRACTOR WORK-
 ING ON AN AUTHORITY PUBLIC WORKS CONTRACT.
   § 5. This act shall take effect immediately; provided, however, that;
   (a) the amendments to article 15-A  of  the  executive  law,  made  by
 sections  one  and  two  of this act, shall not affect the expiration of
 such article and shall expire and be deemed expired therewith; and
   (b)  the amendments to section 1265-b of the  public  authorities  law
 made  by  section  four  of this act shall not affect the repeal of such
 section and shall be deemed repealed therewith.