S T A T E   O F   N E W   Y O R K
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                                  5699

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                              March 6, 2013
                               ___________

Introduced  by M. of A. BRENNAN -- Multi-Sponsored by -- M. of A. JACOBS
  -- read once and referred to the Committee on  Corporations,  Authori-
  ties 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 28 to read as follows:
  28. (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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD09451-01-3

              

A. 5699                             2

OF  THE  SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
SENATE AND THE MINORITY LEADER OF THE ASSEMBLY.
  (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,
2018  when  upon  such  date  the provisions of this act shall be deemed
repealed.