Bill Text: NY A07007 | 2023-2024 | General Assembly | Amended
Bill Title: Increases the number of years a small business can participate in the small business mentor program from four years to five years for Tier 1 and from four years to five years for Tier 2; increases cap on awards under MTA's small business mentor program from one million dollars to one million five hundred thousand dollars for Tier 2 contracts; requires a report to the legislature and the governor.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2023-10-25 - signed chap.574 [A07007 Detail]
Download: New_York-2023-A07007-Amended.html
STATE OF NEW YORK ________________________________________________________________________ 7007--A 2023-2024 Regular Sessions IN ASSEMBLY 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: 1 Section 1. Paragraph (c) of subdivision 1 of section 1265-b of the 2 public authorities law, as added by chapter 206 of the laws of 2010, is 3 amended to read as follows: 4 (c) "small business" means a business in the construction trades which 5 (i) is independently owned and operated; (ii) has annual revenues not 6 exceeding a fiscal limitation of [five] ten million dollars or such 7 lesser amount as established by the authority pursuant to these 8 provisions; and (iii) meets additional criteria as otherwise established 9 by the chairman in consultation with the members of the MTA small busi- 10 ness mentoring program advisory committee. The chair of the committee 11 shall be the chief diversity officer of the MTA. The authority shall 12 establish a detailed definition in general and specific to different 13 segments of the construction industry to the extent necessary to reflect 14 differing characteristics of such segments based on the criteria used by 15 the United States small business administration for loans to small busi- 16 nesses as set forth in Sections 121.301 through 121.305, or for awarding 17 government procurements as set forth in Sections 121.401 through 18 121.413, of Subpart A of Part 121 of Chapter I of Title 13 of the Code 19 of Federal Regulations as amended, and such other criteria as determined 20 by the authority; EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD11101-04-3A. 7007--A 2 1 § 2. Paragraph (d) of subdivision 1 of section 1265-b of the public 2 authorities law, as added by chapter 206 of the laws of 2010, is amended 3 to read as follows: 4 (d) "small business mentoring program" is a program established by the 5 authority pursuant to these provisions to provide small businesses 6 accepted into the program with the opportunity: 7 (i) for up to [four] five years, to compete for and, where awarded, to 8 perform certain authority public work contracts to be designated by the 9 authority for inclusion in this program under this subparagraph, with 10 the assistance of an authority-provided mentor, which shall be a firm 11 competitively selected by the authority that has extensive construction 12 management and mentoring experience, with the mentor to provide the 13 small business with advice and assistance in competing for and managing 14 authority public work contracts; and 15 (ii) for a small business mentoring program participant which the 16 authority has determined has successfully completed the program under 17 subparagraph (i) of this paragraph, for up to [four] five additional 18 years, (A) additional opportunities to compete with other designated 19 small businesses in the program for certain public work contracts to be 20 designated for inclusion under this subparagraph and, where awarded, to 21 perform such authority public work contracts, with the further assist- 22 ance of an authority-provided mentor, which shall be a firm competitive- 23 ly selected by the authority that has extensive construction management 24 and mentoring experience, with the mentor to provide the small business 25 with advice and technical assistance in competing for and managing 26 authority public work contracts, and (B) authority-provided assistance, 27 as determined by the authority, for such a small business to obtain 28 bonding for public work contracts that are competitively awarded pursu- 29 ant to provisions of law other than this section. 30 § 3. Paragraph (e) of subdivision 1 of section 1265-b of the public 31 authorities law, as added by chapter 206 of the laws of 2010, is amended 32 to read as follows: 33 (e) "small business mentoring program contract" means a non-federally 34 funded, unless authorized by the applicable federal funding agency, 35 authority public work contract designated by the authority, in an esti- 36 mated amount of not more than one million five hundred thousand dollars 37 for contracts under subparagraph (i) of paragraph (d) of this subdivi- 38 sion and [three] five million dollars for contracts under subparagraph 39 (ii) of paragraph (d) of this subdivision, for which bids or proposals 40 are to be invited and accepted only from businesses that are enrolled in 41 the small business mentoring program and have been selected by the 42 authority to compete for the contract. 43 § 4. Section 1265-b of the public authorities law is amended by 44 adding a new subdivision 7 to read as follows: 45 7. The authority shall submit a report, no later than September thir- 46 tieth, two thousand twenty-five, and annually thereafter, to the gover- 47 nor, the temporary president of the senate, and the speaker of the 48 assembly regarding procurements made pursuant to this section. Such 49 report shall include a description of each procurement made pursuant to 50 this subdivision and the rationale for why the public work contract was 51 selected as a small business mentoring program contract, information 52 regarding the procurement process for each such mentoring program 53 contract and the name or names of the small businesses that fulfilled 54 the contract, the project identification number and a description for 55 each such project performed pursuant to the contract, the contractual 56 completion date for each contract, the status of each such project, theA. 7007--A 3 1 contract price, including executed modifications, whether a project 2 received surety bond or insurance contract assistance pursuant to 3 subparagraph (vi) of paragraph (b) of subdivision two of this section, 4 the total dollar value of monies paid to minority-owned and women-owned 5 business enterprises and disadvantaged business enterprises pursuant to 6 this section itemized by year and including the total dollar values for 7 the five years preceding the respective annual report's release date. 8 Such report shall additionally identify the authority-provided 9 construction manager mentors and describe their competitive selection 10 process, describe the technical assistance and advice provided by the 11 authority and the mentors to program participants, and describe the 12 business training provided by such mentor. For annual reports, any new 13 procurements and changes during the period covered by the report shall 14 be identified separately. 15 § 5. This act shall take effect immediately; provided, however, that 16 the amendments to section 1265-b of the public authorities law made by 17 sections one, two, three and four of this act shall not affect the 18 repeal of such section and shall be deemed repealed therewith.
