S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9990
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced  by  M.  of A. PAULIN, SEAWRIGHT -- read once and referred to
   the Committee 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 29 to read as follows:
   29. (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.
   (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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD07581-01-7

 A. 9990                             2

 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.
   §  2.  This act shall take effect immediately and shall expire July 1,
 2022 when upon such date the provisions of  this  act  shall  be  deemed
 repealed.