S T A T E   O F   N E W   Y O R K
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                                  5863

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                              March 2, 2011
                               ___________

Introduced  by M. of A. BRENNAN -- read once and referred to the Commit-
  tee on Corporations, Authorities and Commissions

AN ACT to amend the public authorities law, in relation to the award  of
  certain  contracts  to  small  businesses  and/or businesses certified
  under article 15-A of the executive law; and providing for the  repeal
  of such provisions upon expiration thereof

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 1678 of the public authorities law  is  amended  by
adding a new subdivision 26 to read as follows:
  26. (A) TO AWARD CONTRACTS, NOTWITHSTANDING ANY OTHER PROVISION OF LAW
TO  THE  CONTRARY,  FOR  THE PROCUREMENT OF GOODS OR SERVICES FROM SMALL
BUSINESSES AND/OR BUSINESSES CERTIFIED UNDER ARTICLE  FIFTEEN-A  OF  THE
EXECUTIVE LAW IN ACCORDANCE WITH THE PROVISIONS OF THIS SUBDIVISION.
  (B)  PROCUREMENTS  MADE PURSUANT TO THIS SUBDIVISION SHALL BE GOVERNED
BY THE AUTHORITY'S PROCUREMENT POLICY AND GUIDELINES ADOPTED PURSUANT TO
SECTION TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER.  SUCH  GUIDE-
LINES  SHALL  INCLUDE,  BUT NOT BE LIMITED TO: (I) A COMPETITIVE PROCESS
THAT PROVIDES OPPORTUNITY AND ACCESS TO PROCUREMENTS, PURSUANT TO  WHICH
CONTRACTS MAY BE AWARDED TO SMALL BUSINESSES AND/OR BUSINESSES CERTIFIED
UNDER  ARTICLE  FIFTEEN-A OF THE EXECUTIVE LAW; (II) PROVIDE A BENCHMARK
OF AMOUNTS PAID UNDER CONTRACTS AWARDED UNDER THIS  SUBDIVISION  AGAINST
AMOUNTS PAID UNDER OTHER AUTHORITY CONTRACTS FOR LIKE GOODS OR SERVICES;
AND  (III)  REQUIRE  AN  ANNUAL  ASSESSMENT OF THE EFFECTIVENESS OF SUCH
PROCEDURES IN HELPING THE AUTHORITY ACHIEVE THE AUTHORITY'S GOALS ESTAB-
LISHED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE  LAW  FOR  PARTIC-
IPATION  BY MINORITY AND WOMEN-OWNED ENTERPRISES. SUCH ANNUAL ASSESSMENT
MAY BE INCLUDED WITHIN THE AUTHORITY'S ANNUAL REPORT  REQUIRED  BY  THIS
ARTICLE  AND SHALL BE SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER  OF  THE
SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07417-01-1
              

A. 5863                             2

  (C)  THE TOTAL VALUE OF CONTRACTS AWARDED PURSUANT TO THIS SUBDIVISION
SHALL NOT EXCEED TWO PERCENT OF THE VALUE OF ALL  CONTRACTS  OFFERED  IN
ANY  FISCAL  YEAR  OF THE AUTHORITY; PROVIDED, HOWEVER, THE TOTAL AMOUNT
AVAILABLE FOR AWARD PURSUANT TO THIS SECTION SHALL NOT BE LESS THAN  ONE
PERCENT  OF THE VALUE OF ALL CONTRACTS OFFERED IN ANY FISCAL YEAR OF THE
AUTHORITY.
  S 2. This act shall take effect immediately and shall expire  July  1,
2016  when  upon  such  date  the provisions of this act shall be deemed
repealed.