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A10499 Summary:

BILL NOA10499
 
SAME ASSAME AS S09864
 
SPONSORRules (Bichotte Hermelyn)
 
COSPNSR
 
MLTSPNSR
 
Amd §§311 & 313, Exec L; amd §147, St Fin L; amd §1265-b, Pub Auth L
 
Establishes expanded construction mentorship opportunities for small and minority and women-owned business enterprises.
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A10499 Text:



 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          10499
 
                   IN ASSEMBLY
 
                                      May 29, 2024
                                       ___________
 
        Introduced   by   COMMITTEE  ON  RULES  --  (at  request  of  M.  of  A.
          Bichotte Hermelyn) -- read once  and  referred  to  the  Committee  on
          Governmental Operations
 
        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:
 
     1    Section 1. Paragraph (e) of subdivision 4 of section 311 of the execu-
     2  tive law, as added by chapter 96 of the laws of 2019, is amended to read
     3  as follows:
     4    (e) identify and establish mentorship opportunities and other business
     5  development  programs  to increase capacity and better prepare MWBEs for
     6  bidding on contracts with state agencies upon successful  completion  of
     7  the  mentorship  opportunity.  Such  mentorship  opportunities  shall be
     8  intended to ensure that mentor and  mentee  are  connected  based  on  a
     9  commercially  useful  function.   Mentorship opportunities shall also be
    10  identified and established  in  instances  where  there  is  privity  of
    11  contract  between  a  minority and women-owned business enterprise and a
    12  subcontractor or contractor working on a state contract.
    13    § 2. Paragraph (j) of subdivision 2-a of section 313 of the  executive
    14  law,  as amended by chapter 96 of the laws of 2019, is amended and a new
    15  paragraph (k) is added to read as follows:
    16    (j) require each agency to consult the most  current  disparity  study
    17  when  calculating  agency-wide and contract specific participation goals
    18  pursuant to this article; [and]
    19    (k) encourage mentor-protege relationships as defined in  section  one
    20  hundred  forty-seven  of  the  state finance law, between a minority and
    21  women-owned business enterprise and a state agency where there is privi-
    22  ty of contract between a minority and  women-owned  business  enterprise
    23  and a subcontractor or contractor working on a state contract.
    24    §  3.  Subdivision 1 of section 147 of the state finance law, as added
    25  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

        A. 10499                            2
 
     1    1. In every state agency, department and authority which has let  more
     2  than  ten  million  dollars in service and construction contracts in the
     3  prior fiscal year, the chief executive officer of that  agency,  depart-
     4  ment or authority shall develop a mentor-protege program to foster long-
     5  term  relationships  between  state agencies, approved mentor firms, and
     6  small business concerns and minority and women-owned  businesses  certi-
     7  fied  pursuant  to  article  fifteen-A of the executive law, in order to
     8  enhance the capabilities of small and minority and women-owned  business
     9  concerns, improve their success in contracting with the state or receiv-
    10  ing  subcontracts under a state contract, and to create sources of reli-
    11  able contractors and subcontractors ready to  perform  larger  jobs  and
    12  responsibilities.    Participation in the program shall be voluntary for
    13  both the mentor firm and the protege firm.  Such mentor-protege programs
    14  shall be established in instances where there  is  privity  of  contract
    15  between a minority and women-owned business enterprise and a subcontrac-
    16  tor or contractor working on a state contract.
    17    §  4.  Subparagraphs (vi) and (vii) of paragraph b of subdivision 2 of
    18  section 1265-b of the public authorities law, as added by chapter 206 of
    19  the laws of 2010, are amended and a new subparagraph (viii) is added  to
    20  read as follows:
    21    (vi) to assist only small business mentoring program participants that
    22  have  been  awarded small business mentoring program contracts to obtain
    23  any surety bond or contract of insurance required of them in  connection
    24  with  such  contract  only  notwithstanding any provision of section two
    25  thousand five hundred four of the insurance law to the contrary; [and]
    26    (vii) for small businesses that have  been  accepted  into  the  small
    27  business  mentoring  program under subparagraph (ii) of paragraph (d) of
    28  subdivision one of this section, in addition to  the  benefits  of  such
    29  program and notwithstanding any other provision of law, to provide tech-
    30  nical  assistance  in obtaining bid, payment and performance bonding for
    31  authority public work contracts that are not  small  business  mentoring
    32  program  contracts,  for  which  the  small business is otherwise quali-
    33  fied[.]; and
    34    (viii) to further establish small business mentoring programs  between
    35  the  agency  and  a  minority  and  women-owned  business  enterprise in
    36  instances where there is privity of  contract  between  a  minority  and
    37  women-owned  business enterprise and a subcontractor or contractor work-
    38  ing on an authority public works contract.
    39    § 5. This act shall take effect immediately; provided, however, that;
    40    (a) the amendments to article 15-A  of  the  executive  law,  made  by
    41  sections  one  and  two  of this act, shall not affect the expiration of
    42  such article and shall expire and be deemed expired therewith; and
    43    (b)  the amendments to section 1265-b of the  public  authorities  law
    44  made  by  section  four  of this act shall not affect the repeal of such
    45  section and shall be deemed repealed therewith.
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