Assembly Bill A1487

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   1487
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 15, 2019
                                ___________
 
 Introduced by M. of A. BICHOTTE -- read once and referred to the Commit-
   tee on Governmental Operations
 
 AN  ACT  to  amend  the  public  authorities law, the executive law, the
   public health law, and the transportation law, in relation  to  estab-
   lishing  small  business  mentoring  programs;  and  providing for the
   repeal of such provisions upon the expiration thereof
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  The  public  authorities  law  is amended by adding a new
 section 1678-b to read as follows:
   § 1678-B. DORMITORY AUTHORITY SMALL BUSINESS MENTORING  PROGRAM.    1.
 DEFINITIONS. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHER-
 WISE:
   (A) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
 (I)  IS  INDEPENDENTLY  OWNED AND OPERATED; (II) HAS ANNUAL REVENUES NOT
 EXCEEDING A FISCAL LIMITATION OF FIVE MILLION  DOLLARS  OR  SUCH  LESSER
 AMOUNT AS ESTABLISHED BY THE AUTHORITY PURSUANT TO THESE PROVISIONS; AND
 (III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE AUTHORI-
 TY.  THE  AUTHORITY SHALL ESTABLISH A DETAILED DEFINITION IN GENERAL AND
 SPECIFIC TO DIFFERENT SEGMENTS  OF  THE  CONSTRUCTION  INDUSTRY  TO  THE
 EXTENT  NECESSARY  TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS
 BASED ON THE CRITERIA USED BY THE UNITED STATES SMALL BUSINESS  ADMINIS-
 TRATION  FOR  LOANS TO SMALL BUSINESSES AS SET FORTH IN SECTIONS 121.301
 THROUGH 121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS AS SET FORTH IN
 SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART 121 OF CHAPTER  I
 OF  TITLE  13  OF  THE  CODE OF FEDERAL REGULATIONS AS AMENDED, AND SUCH
 OTHER CRITERIA AS DETERMINED BY THE AUTHORITY;
   (B) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
 AUTHORITY PURSUANT TO THIS SECTION TO PROVIDE SMALL BUSINESSES  ACCEPTED
 INTO THE PROGRAM WITH THE OPPORTUNITY:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00306-01-9
              

 A. 1487                             2
 
   (I)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN AUTHORITY PUBLIC WORK CONTRACTS TO BE DESIGNATED BY  THE
 AUTHORITY  FOR  INCLUSION  IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
 THE ASSISTANCE OF AN AUTHORITY-PROVIDED MENTOR, WHICH SHALL  BE  A  FIRM
 COMPETITIVELY  SELECTED BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION
 MANAGEMENT AND MENTORING EXPERIENCE, WITH  THE  MENTOR  TO  PROVIDE  THE
 SMALL  BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND MANAGING
 AUTHORITY PUBLIC WORK CONTRACTS; AND
   (II) FOR A SMALL BUSINESS  MENTORING  PROGRAM  PARTICIPANT  WHICH  THE
 AUTHORITY  HAS  DETERMINED  HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
 ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER  DESIGNATED  SMALL  BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
 FOR  INCLUSION  UNDER  THIS  SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
 SUCH AUTHORITY PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF  AN
 AUTHORITY-PROVIDED  MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
 BY THE AUTHORITY THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND  MENTOR-
 ING  EXPERIENCE,  WITH  THE  MENTOR  TO  PROVIDE THE SMALL BUSINESS WITH
 ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING  AUTHORITY
 PUBLIC  WORK CONTRACTS, AND (B) AUTHORITY-PROVIDED ASSISTANCE, AS DETER-
 MINED BY THE AUTHORITY, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING  FOR
 PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
 PROVISIONS OF LAW OTHER THAN THIS SECTION; AND
   (C) "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A  NON-FEDERALLY
 FUNDED AUTHORITY PUBLIC WORK CONTRACT DESIGNATED BY THE AUTHORITY, IN AN
 ESTIMATED  AMOUNT  OF  NOT  MORE  THAN ONE MILLION DOLLARS FOR CONTRACTS
 UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS  SUBDIVISION  AND  THREE
 MILLION  DOLLARS  FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B)
 OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE  INVITED  AND
 ACCEPTED  ONLY  FROM  BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
 MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR
 THE CONTRACT.
   2. SMALL BUSINESS MENTORING PROGRAM. (A) PURSUANT TO THIS SECTION, THE
 AUTHORITY  SHALL  ESTABLISH  A  SMALL  BUSINESS  MENTORING  PROGRAM.  IN
 CONNECTION  THEREWITH, THE AUTHORITY MAY DETERMINE THE CRITERIA PURSUANT
 TO WHICH A SMALL BUSINESS SHALL BE ELIGIBLE FOR AND SELECTED TO  PARTIC-
 IPATE  IN  THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (B)
 OF SUBDIVISION ONE OF  THIS  SECTION,  THE  NUMBER  OF  PARTICIPANTS  TO
 PARTICIPATE  IN EACH SUCH COMPONENT OF THE PROGRAM, THE CRITERIA FOR THE
 COMPETITIVE SELECTION OF THE FIRMS THAT WILL  PROVIDE  SMALL  BUSINESSES
 WITH  MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC SMALL
 BUSINESS IN THE SMALL BUSINESS MENTORING PROGRAM, AND  THE  FUNDING  FOR
 THE PROGRAM.
   (B)  UNDER  THE  SMALL  BUSINESS  MENTORING  PROGRAM, THE AUTHORITY IS
 AUTHORIZED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL  BE  SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
   (II)  TO  ESTABLISH  STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS  MENTORING  PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
 ING  PROGRAM  CONTRACT  SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS  OR  PROPOSALS,
 HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;

 A. 1487                             3
 
   (IV)  TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
 EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
 VISION OF THE AUTHORITY, WILL PROVIDE MENTORING SERVICES  TO  THE  SMALL
 BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
 ASSIGN  SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
 ING IN THE PROGRAM;
   (V) FOR SMALL BUSINESS MENTORING  PROGRAM  CONTRACTS,  EXCEPT  AS  SET
 FORTH  HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
 PUBLIC WORK CONTRACT PURSUANT TO SECTIONS TWELVE  HUNDRED  NINE,  TWELVE
 HUNDRED SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAP-
 TER AND ANY OTHER PROVISION OF LAW;
   (VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
 HAVE  BEEN  AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS TO OBTAIN
 ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN  CONNECTION
 WITH  SUCH  CONTRACT  ONLY  NOTWITHSTANDING ANY PROVISION OF SECTION TWO
 THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VII) FOR SMALL BUSINESSES THAT HAVE  BEEN  ACCEPTED  INTO  THE  SMALL
 BUSINESS  MENTORING  PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
 SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO  THE  BENEFITS  OF  SUCH
 PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
 NICAL  ASSISTANCE  IN OBTAINING BID, PAYMENT AND PERFORMANCE BONDING FOR
 AUTHORITY PUBLIC WORK CONTRACTS THAT ARE NOT  SMALL  BUSINESS  MENTORING
 PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
   (C)  UNDER  THE SMALL BUSINESS MENTORING PROGRAM, THE AUTHORITY SHALL,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I) REQUIRE THAT THIRTY PERCENT OF ALL NEW YORK STATE FUNDED CONTRACTS
 OVER ONE HUNDRED THOUSAND DOLLARS BE AWARDED TO MINORITY AND WOMEN-OWNED
 BUSINESSES;
   (II) REQUIRE THAT EIGHTEEN PERCENT OF  ALL  FEDERAL  TRANSIT  ADMINIS-
 TRATION  FUNDED  CONTRACTS  BE  AWARDED TO DISADVANTAGED BUSINESS ENTER-
 PRISES;
   (III) REQUIRE THAT SIX PERCENT OF ALL NEW YORK STATE FUNDED  CONTRACTS
 BE AWARDED TO SERVICE DISABLED VETERAN-OWNED BUSINESSES;
   (IV)  PROVIDE  A  THIRTEEN-WEEK  CLASS  AT  NO  COST  FOR  TRAINING ON
 CONSTRUCTION AND BUSINESS DEVELOPMENT;
   (V) DEVELOP AND IMPLEMENT A SMALL BUSINESS LOAN  PROGRAM  WHERE  FIRMS
 ARE  ELIGIBLE  TO  OBTAIN  LOANS UP TO NINE HUNDRED THOUSAND DOLLARS PER
 CONTRACT; AND
   (VI) DEVELOP AND IMPLEMENT  A  PROGRAM  FOR  PROVIDING  FREE  BUSINESS
 PLANS,  LEGAL  ADVICE,  FINANCIAL GUIDANCE, AND ADMINISTRATIVE AND BACK-
 OFFICE SUPPORT FOR SMALL BUSINESSES PARTICIPATING IN THE PROGRAM.
   3. WITHDRAWAL OF  DESIGNATION  OF  SMALL  BUSINESS  MENTORING  PROGRAM
 CONTRACTS. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
 PROGRAM  PARTICIPANTS  THAT  RESPOND TO A COMPETITION AND ARE CONSIDERED
 CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS  OF  THE  INVITATION  TO
 COMPETE  IS LESS THAN THREE, OR IF THE AUTHORITY DETERMINES THAT ACCEPT-
 ANCE OF THE BEST OFFER WILL RESULT IN THE  PAYMENT  OF  AN  UNREASONABLE
 PRICE,  THE AUTHORITY MAY REJECT ALL OFFERS AND WITHDRAW THE DESIGNATION
 OF THE CONTRACT AS A SMALL BUSINESS MENTORING PROGRAM CONTRACT.
   (B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION  OF  A  CONTRACT  AS  A
 SMALL  BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT MADE
 OFFERS SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME  OR
 REWRITTEN  SPECIFICATIONS  AND  TERMS SHALL THEN BE RE-ISSUED AS A SMALL
 BUSINESS MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL  CONTRACT
 PERIODS.

 A. 1487                             4
 
   4.  CONSTRUCTION  MANAGER MENTORS. A MENTOR SHALL PROVIDE SERVICES AND
 ASSISTANCE TO A SMALL BUSINESS AS DESIGNATED BY THE AUTHORITY, WHICH MAY
 INCLUDE THE FOLLOWING: (A)  PROVIDE  BUSINESS  TRAINING  IN  THE  SKILLS
 NECESSARY  TO  OPERATE A SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE
 FOR AND PERFORM A PUBLIC WORK CONTRACT;
   (B)  PROVIDE  TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
 OUTCOME IF THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;
   (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
 SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5.  AGGREGATE  AMOUNT.  THE SMALL BUSINESS MENTORING PROGRAM CONTRACTS
 AUTHORIZED BY THIS SECTION SHALL, FOR THE INITIAL YEAR OF  THE  PROGRAM,
 BE  IN  AN  AGGREGATE  AMOUNT  OF NOT LESS THAN TEN MILLION DOLLARS, AND
 SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN
 FUTURE YEARS TO BE SET BY THE AUTHORITY.
   § 2. The executive law is amended by adding a new section 204 to  read
 as follows:
   § 204. OFFICE OF GENERAL SERVICES SMALL BUSINESS MENTORING PROGRAM. 1.
 DEFINITIONS. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHER-
 WISE:
   (A) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
 (I)  IS  INDEPENDENTLY  OWNED AND OPERATED; (II) HAS ANNUAL REVENUES NOT
 EXCEEDING A FISCAL LIMITATION OF FIVE MILLION  DOLLARS  OR  SUCH  LESSER
 AMOUNT  AS  ESTABLISHED  BY  THE  OFFICE OF GENERAL SERVICES PURSUANT TO
 THESE PROVISIONS; AND  (III)  MEETS  ADDITIONAL  CRITERIA  AS  OTHERWISE
 ESTABLISHED  BY  THE  OFFICE  OF GENERAL SERVICES. THE OFFICE OF GENERAL
 SERVICES SHALL ESTABLISH A DETAILED DEFINITION IN GENERAL  AND  SPECIFIC
 TO  DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY TO THE EXTENT NECES-
 SARY TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS BASED ON  THE
 CRITERIA  USED  BY  THE  UNITED STATES SMALL BUSINESS ADMINISTRATION FOR
 LOANS TO SMALL BUSINESSES AS  SET  FORTH  IN  SECTIONS  121.301  THROUGH
 121.305,  OR  FOR  AWARDING  GOVERNMENT  PROCUREMENTS  AS  SET  FORTH IN
 SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART 121 OF CHAPTER  I
 OF  TITLE  13  OF  THE  CODE OF FEDERAL REGULATIONS AS AMENDED, AND SUCH
 OTHER CRITERIA AS DETERMINED BY THE OFFICE OF GENERAL SERVICES;
   (B) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
 OFFICE OF GENERAL SERVICES PURSUANT TO THIS  SECTION  TO  PROVIDE  SMALL
 BUSINESSES ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
   (I)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN OFFICE OF GENERAL SERVICES PUBLIC WORK CONTRACTS  TO  BE
 DESIGNATED  BY  THE  OFFICE  OF  GENERAL  SERVICES FOR INCLUSION IN THIS
 PROGRAM UNDER THIS SUBPARAGRAPH, WITH THE ASSISTANCE  OF  AN  OFFICE  OF
 GENERAL  SERVICES-PROVIDED  MENTOR,  WHICH SHALL BE A FIRM COMPETITIVELY
 SELECTED  BY  THE  OFFICE  OF  GENERAL  SERVICES  THAT   HAS   EXTENSIVE
 CONSTRUCTION  MANAGEMENT  AND  MENTORING  EXPERIENCE, WITH THE MENTOR TO
 PROVIDE THE SMALL BUSINESS WITH ADVICE AND ASSISTANCE IN  COMPETING  FOR
 AND MANAGING OFFICE OF GENERAL SERVICES PUBLIC WORK CONTRACTS; AND
   (II)  FOR  A  SMALL  BUSINESS  MENTORING PROGRAM PARTICIPANT WHICH THE
 OFFICE OF GENERAL SERVICES HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE
 PROGRAM UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO  FOUR  ADDI-
 TIONAL  YEARS, (A) ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER DESIG-
 NATED SMALL BUSINESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK  CONTRACTS
 TO  BE  DESIGNATED  FOR  INCLUSION  UNDER  THIS  SUBPARAGRAPH AND, WHERE

 A. 1487                             5
 
 AWARDED,  TO  PERFORM  SUCH  OFFICE  OF  GENERAL  SERVICES  PUBLIC  WORK
 CONTRACTS,  WITH  THE FURTHER ASSISTANCE OF AN OFFICE OF GENERAL SERVIC-
 ES-PROVIDED MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED BY  THE
 OFFICE  OF  GENERAL  SERVICES THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT
 AND MENTORING EXPERIENCE, WITH THE MENTOR TO PROVIDE THE SMALL  BUSINESS
 WITH  ADVICE  AND  TECHNICAL  ASSISTANCE  IN  COMPETING FOR AND MANAGING
 OFFICE OF GENERAL SERVICES PUBLIC WORK  CONTRACTS,  AND  (B)  OFFICE  OF
 GENERAL  SERVICES-PROVIDED  ASSISTANCE,  AS  DETERMINED BY THE OFFICE OF
 GENERAL SERVICES, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR PUBLIC
 WORK CONTRACTS THAT ARE COMPETITIVELY AWARDED PURSUANT TO PROVISIONS  OF
 LAW OTHER THAN THIS SECTION;
   (C)  "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A NON-FEDERALLY
 FUNDED OFFICE OF GENERAL SERVICES PUBLIC WORK CONTRACT DESIGNATED BY THE
 OFFICE OF GENERAL SERVICES, IN AN ESTIMATED AMOUNT OF NOT MORE THAN  ONE
 MILLION DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF
 THIS  SUBDIVISION AND THREE MILLION DOLLARS FOR CONTRACTS UNDER SUBPARA-
 GRAPH (II) OF PARAGRAPH (B) OF  THIS  SUBDIVISION,  FOR  WHICH  BIDS  OR
 PROPOSALS  ARE  TO BE INVITED AND ACCEPTED ONLY FROM BUSINESSES THAT ARE
 ENROLLED IN THE SMALL BUSINESS MENTORING PROGRAM AND HAVE BEEN  SELECTED
 BY THE OFFICE OF GENERAL SERVICES TO COMPETE FOR THE CONTRACT.
   2. SMALL BUSINESS MENTORING PROGRAM. (A) PURSUANT TO THIS SECTION, THE
 OFFICE  OF  GENERAL  SERVICES SHALL ESTABLISH A SMALL BUSINESS MENTORING
 PROGRAM. IN CONNECTION THEREWITH, THE OFFICE  OF  GENERAL  SERVICES  MAY
 DETERMINE  THE  CRITERIA  PURSUANT  TO  WHICH  A SMALL BUSINESS SHALL BE
 ELIGIBLE FOR AND SELECTED TO PARTICIPATE IN THE PROGRAM  UNDER  SUBPARA-
 GRAPHS (I) AND (II) OF PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION,
 THE  NUMBER OF PARTICIPANTS TO PARTICIPATE IN EACH SUCH COMPONENT OF THE
 PROGRAM, THE CRITERIA FOR THE COMPETITIVE SELECTION OF  THE  FIRMS  THAT
 WILL PROVIDE SMALL BUSINESSES WITH MENTORING SERVICES, THE ASSIGNMENT OF
 A  MENTOR  TO  A SPECIFIC SMALL BUSINESS IN THE SMALL BUSINESS MENTORING
 PROGRAM, AND THE FUNDING FOR THE PROGRAM.
   (B) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE OFFICE OF  GENERAL
 SERVICES IS AUTHORIZED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I)  TO  DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL BE SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
   (II) TO ESTABLISH STANDARDS FOR QUALIFYING  SMALL  BUSINESS  MENTORING
 PROGRAM  PARTICIPANTS  TO COMPETE FOR A SMALL BUSINESS MENTORING PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
 ING PROGRAM CONTRACT SHOULD BE RESTRICTED TO  SMALL  BUSINESS  MENTORING
 PROGRAM  PARTICIPANTS  WHICH, PRIOR TO THE RECEIPT OF BIDS OR PROPOSALS,
 HAVE BEEN QUALIFIED BY THE OFFICE OF GENERAL SERVICES FOR SUCH  COMPETI-
 TION;
   (IV)  TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
 EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
 VISION OF  THE  OFFICE  OF  GENERAL  SERVICES,  WILL  PROVIDE  MENTORING
 SERVICES  TO  THE  SMALL  BUSINESSES PARTICIPATING IN THE SMALL BUSINESS
 MENTORING PROGRAM, AND TO ASSIGN SUCH MENTORS  ONE  OR  MORE  DESIGNATED
 SMALL BUSINESSES PARTICIPATING IN THE PROGRAM;
   (V)  FOR  SMALL  BUSINESS  MENTORING  PROGRAM CONTRACTS, EXCEPT AS SET
 FORTH HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF  A
 PUBLIC  WORK  CONTRACT  PURSUANT TO SECTIONS TWELVE HUNDRED NINE, TWELVE
 HUNDRED SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC
 AUTHORITIES LAW AND ANY OTHER PROVISION OF LAW;

 A. 1487                             6
 
   (VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
 HAVE BEEN AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS  TO  OBTAIN
 ANY  SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN CONNECTION
 WITH SUCH CONTRACT ONLY NOTWITHSTANDING ANY  PROVISION  OF  SECTION  TWO
 THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VII)  FOR  SMALL  BUSINESSES  THAT  HAVE BEEN ACCEPTED INTO THE SMALL
 BUSINESS MENTORING PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH  (B)  OF
 SUBDIVISION  ONE  OF  THIS  SECTION, IN ADDITION TO THE BENEFITS OF SUCH
 PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
 NICAL ASSISTANCE IN OBTAINING BID, PAYMENT AND PERFORMANCE  BONDING  FOR
 OFFICE  OF  GENERAL  SERVICES  PUBLIC  WORK CONTRACTS THAT ARE NOT SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS, FOR WHICH THE  SMALL  BUSINESS  IS
 OTHERWISE QUALIFIED.
   (C)  UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE OFFICE OF GENERAL
 SERVICES SHALL, NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I) REQUIRE THAT THIRTY PERCENT OF ALL NEW YORK STATE FUNDED CONTRACTS
 OVER ONE HUNDRED THOUSAND DOLLARS BE AWARDED TO MINORITY AND WOMEN-OWNED
 BUSINESSES;
   (II) REQUIRE THAT EIGHTEEN PERCENT OF  ALL  FEDERAL  TRANSIT  ADMINIS-
 TRATION  FUNDED  CONTRACTS  BE  AWARDED TO DISADVANTAGED BUSINESS ENTER-
 PRISES;
   (III) REQUIRE THAT SIX PERCENT OF ALL NEW YORK STATE FUNDED  CONTRACTS
 BE AWARDED TO SERVICE DISABLED VETERAN-OWNED BUSINESSES;
   (IV)  PROVIDE  A  THIRTEEN-WEEK  CLASS  AT  NO  COST  FOR  TRAINING ON
 CONSTRUCTION AND BUSINESS DEVELOPMENT;
   (V) DEVELOP AND IMPLEMENT A SMALL BUSINESS LOAN  PROGRAM  WHERE  FIRMS
 ARE  ELIGIBLE  TO  OBTAIN  LOANS UP TO NINE HUNDRED THOUSAND DOLLARS PER
 CONTRACT; AND
   (VI) DEVELOP AND IMPLEMENT  A  PROGRAM  FOR  PROVIDING  FREE  BUSINESS
 PLANS,  LEGAL  ADVICE,  FINANCIAL GUIDANCE, AND ADMINISTRATIVE AND BACK-
 OFFICE FOR SUPPORT SMALL BUSINESSES PARTICIPATING IN THE PROGRAM.
   3. WITHDRAWAL OF  DESIGNATION  OF  SMALL  BUSINESS  MENTORING  PROGRAM
 CONTRACTS. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
 PROGRAM  PARTICIPANTS  THAT  RESPOND TO A COMPETITION AND ARE CONSIDERED
 CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS  OF  THE  INVITATION  TO
 COMPETE  IS LESS THAN THREE, OR IF THE OFFICE OF GENERAL SERVICES DETER-
 MINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE PAYMENT OF AN
 UNREASONABLE PRICE, THE OFFICE OF GENERAL SERVICES MAY REJECT ALL OFFERS
 AND WITHDRAW THE DESIGNATION OF THE CONTRACT AS A SMALL BUSINESS MENTOR-
 ING PROGRAM CONTRACT.
   (B) IF THE OFFICE OF GENERAL SERVICES WITHDRAWS THE DESIGNATION  OF  A
 CONTRACT  AS  A SMALL BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF
 ANY, THAT MADE OFFERS SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAIN-
 ING THE SAME OR REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE  RE-IS-
 SUED  AS  A  SMALL  BUSINESS  MENTORING PROGRAM CONTRACT FOR ONE OR MORE
 ADDITIONAL CONTRACT PERIODS.
   4. CONSTRUCTION MANAGER MENTORS. A MENTOR SHALL PROVIDE  SERVICES  AND
 ASSISTANCE  TO  A  SMALL BUSINESS AS DESIGNATED BY THE OFFICE OF GENERAL
 SERVICES, WHICH MAY INCLUDE THE FOLLOWING: (A) PROVIDE BUSINESS TRAINING
 IN THE SKILLS NECESSARY TO OPERATE A  SUCCESSFUL  CONSTRUCTION  BUSINESS
 AND TO COMPETE FOR AND PERFORM A PUBLIC WORK CONTRACT;
   (B)  PROVIDE  TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO ASSESS THE
 OUTCOME IF THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT  AWARDED  A
 CONTRACT;

 A. 1487                             7
 
   (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
 SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5.  AGGREGATE AMOUNT.   THE SMALL BUSINESS MENTORING PROGRAM CONTRACTS
 AUTHORIZED BY THIS SECTION SHALL, FOR THE INITIAL YEAR OF  THE  PROGRAM,
 BE  IN  AN  AGGREGATE  AMOUNT  OF NOT LESS THAN TEN MILLION DOLLARS, AND
 SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN
 FUTURE YEARS TO BE SET BY THE OFFICE OF GENERAL SERVICES.
   § 3. The public health law is amended by adding a new section  411  to
 read as follows:
   §  411.  DEPARTMENT  OF  HEALTH SMALL BUSINESS MENTORING PROGRAM.   1.
 DEFINITIONS. AS USED IN THIS SECTION, UNLESS THE CONTEXT REQUIRES OTHER-
 WISE:
   (A) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
 (I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS  ANNUAL  REVENUES  NOT
 EXCEEDING  A  FISCAL  LIMITATION  OF FIVE MILLION DOLLARS OR SUCH LESSER
 AMOUNT AS ESTABLISHED BY THE DEPARTMENT PURSUANT  TO  THESE  PROVISIONS;
 AND  (III)  MEETS  ADDITIONAL  CRITERIA  AS OTHERWISE ESTABLISHED BY THE
 DEPARTMENT. THE DEPARTMENT SHALL  ESTABLISH  A  DETAILED  DEFINITION  IN
 GENERAL  AND SPECIFIC TO DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY
 TO THE EXTENT NECESSARY TO REFLECT  DIFFERING  CHARACTERISTICS  OF  SUCH
 SEGMENTS  BASED ON THE CRITERIA USED BY THE UNITED STATES SMALL BUSINESS
 ADMINISTRATION FOR LOANS TO SMALL BUSINESSES AS SET  FORTH  IN  SECTIONS
 121.301  THROUGH 121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS AS SET
 FORTH IN SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART  121  OF
 CHAPTER I OF TITLE 13 OF THE CODE OF FEDERAL REGULATIONS AS AMENDED, AND
 SUCH OTHER CRITERIA AS DETERMINED BY THE DEPARTMENT;
   (B) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
 DEPARTMENT  PURSUANT  TO  THESE  PROVISIONS  TO PROVIDE SMALL BUSINESSES
 ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
   (I) FOR UP TO FOUR YEARS,  TO  COMPETE  FOR  AND,  WHERE  AWARDED,  TO
 PERFORM CERTAIN DEPARTMENT PUBLIC WORK CONTRACTS TO BE DESIGNATED BY THE
 DEPARTMENT  FOR  INCLUSION IN THIS PROGRAM UNDER THIS SUBPARAGRAPH, WITH
 THE ASSISTANCE OF A DEPARTMENT-PROVIDED MENTOR, WHICH SHALL  BE  A  FIRM
 COMPETITIVELY SELECTED BY THE DEPARTMENT THAT HAS EXTENSIVE CONSTRUCTION
 MANAGEMENT  AND  MENTORING  EXPERIENCE,  WITH  THE MENTOR TO PROVIDE THE
 SMALL BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR AND  MANAGING
 DEPARTMENT PUBLIC WORK CONTRACTS; AND
   (II)  FOR  A  SMALL  BUSINESS  MENTORING PROGRAM PARTICIPANT WHICH THE
 DEPARTMENT HAS DETERMINED HAS SUCCESSFULLY COMPLETED THE  PROGRAM  UNDER
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
 ADDITIONAL  OPPORTUNITIES  TO  COMPETE WITH OTHER DESIGNATED SMALL BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
 FOR INCLUSION UNDER THIS SUBPARAGRAPH AND,  WHERE  AWARDED,  TO  PERFORM
 SUCH  DEPARTMENT PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF A
 DEPARTMENT-PROVIDED MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
 BY THE DEPARTMENT THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND MENTOR-
 ING EXPERIENCE, WITH THE MENTOR  TO  PROVIDE  THE  SMALL  BUSINESS  WITH
 ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING DEPARTMENT
 PUBLIC WORK CONTRACTS, AND (B) DEPARTMENT-PROVIDED ASSISTANCE, AS DETER-
 MINED BY THE DEPARTMENT, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR
 PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
 PROVISIONS OF LAW OTHER THAN THIS SECTION.

 A. 1487                             8

   (C) "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A  NON-FEDERALLY
 FUNDED  DEPARTMENT PUBLIC WORK CONTRACT DESIGNATED BY THE DEPARTMENT, IN
 AN ESTIMATED AMOUNT OF NOT MORE THAN ONE MILLION DOLLARS  FOR  CONTRACTS
 UNDER  SUBPARAGRAPH  (I)  OF PARAGRAPH (B) OF THIS SUBDIVISION AND THREE
 MILLION  DOLLARS  FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B)
 OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE  INVITED  AND
 ACCEPTED  ONLY  FROM  BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
 MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE  DEPARTMENT  TO  COMPETE
 FOR THE CONTRACT.
   2. SMALL BUSINESS MENTORING PROGRAM. (A) PURSUANT TO THIS SECTION, THE
 DEPARTMENT  SHALL  ESTABLISH  A  SMALL  BUSINESS  MENTORING  PROGRAM. IN
 CONNECTION THEREWITH, THE DEPARTMENT MAY DETERMINE THE CRITERIA PURSUANT
 TO WHICH A SMALL BUSINESS SHALL BE ELIGIBLE FOR AND SELECTED TO  PARTIC-
 IPATE  IN  THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (B)
 OF SUBDIVISION ONE OF  THIS  SECTION,  THE  NUMBER  OF  PARTICIPANTS  TO
 PARTICIPATE  IN EACH SUCH COMPONENT OF THE PROGRAM, THE CRITERIA FOR THE
 COMPETITIVE SELECTION OF THE FIRMS THAT WILL  PROVIDE  SMALL  BUSINESSES
 WITH  MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC SMALL
 BUSINESS IN THE SMALL BUSINESS MENTORING PROGRAM, AND  THE  FUNDING  FOR
 THE PROGRAM.
   (B)  UNDER  THE  SMALL  BUSINESS  MENTORING PROGRAM, THE DEPARTMENT IS
 AUTHORIZED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I) TO DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL  BE  SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
   (II)  TO  ESTABLISH  STANDARDS FOR QUALIFYING SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS  MENTORING  PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
 ING  PROGRAM  CONTRACT  SHOULD BE RESTRICTED TO SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS  OR  PROPOSALS,
 HAVE BEEN QUALIFIED BY THE DEPARTMENT FOR SUCH COMPETITION;
   (IV)  TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR MORE
 EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
 VISION OF THE DEPARTMENT, WILL PROVIDE MENTORING SERVICES TO  THE  SMALL
 BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
 ASSIGN  SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES PARTICIPAT-
 ING IN THE PROGRAM;
   (V) FOR SMALL BUSINESS MENTORING  PROGRAM  CONTRACTS,  EXCEPT  AS  SET
 FORTH  HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF A
 PUBLIC WORK CONTRACT PURSUANT TO SECTIONS TWELVE  HUNDRED  NINE,  TWELVE
 HUNDRED SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC
 AUTHORITIES LAW AND ANY OTHER PROVISION OF LAW;
   (VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
 HAVE  BEEN  AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS TO OBTAIN
 ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN  CONNECTION
 WITH  SUCH  CONTRACT  ONLY  NOTWITHSTANDING ANY PROVISION OF SECTION TWO
 THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VII) FOR SMALL BUSINESSES THAT HAVE  BEEN  ACCEPTED  INTO  THE  SMALL
 BUSINESS  MENTORING  PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B) OF
 SUBDIVISION ONE OF THIS SECTION, IN ADDITION TO  THE  BENEFITS  OF  SUCH
 PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
 NICAL  ASSISTANCE  IN OBTAINING BID, PAYMENT AND PERFORMANCE BONDING FOR
 DEPARTMENT PUBLIC WORK CONTRACTS THAT ARE NOT SMALL  BUSINESS  MENTORING
 PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.

 A. 1487                             9
 
   (C)  UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE DEPARTMENT SHALL,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I) REQUIRE THAT THIRTY PERCENT OF ALL NEW YORK STATE FUNDED CONTRACTS
 OVER ONE HUNDRED THOUSAND DOLLARS BE AWARDED TO MINORITY AND WOMEN-OWNED
 BUSINESSES;
   (II)  REQUIRE  THAT  EIGHTEEN  PERCENT OF ALL FEDERAL TRANSIT ADMINIS-
 TRATION FUNDED CONTRACTS BE AWARDED  TO  DISADVANTAGED  BUSINESS  ENTER-
 PRISES;
   (III)  REQUIRE THAT SIX PERCENT OF ALL NEW YORK STATE FUNDED CONTRACTS
 BE AWARDED TO SERVICE DISABLED VETERAN-OWNED BUSINESSES;
   (IV) PROVIDE  A  THIRTEEN-WEEK  CLASS  AT  NO  COST  FOR  TRAINING  IN
 CONSTRUCTION AND BUSINESS DEVELOPMENT FOR SMALL BUSINESSES PARTICIPATING
 IN THE PROGRAM;
   (V)  DEVELOP  AND  IMPLEMENT A SMALL BUSINESS LOAN PROGRAM WHERE FIRMS
 ARE ELIGIBLE TO OBTAIN LOANS UP TO NINE  HUNDRED  THOUSAND  DOLLARS  PER
 CONTRACT; AND
   (VI)  DEVELOP  AND  IMPLEMENT  A  PROGRAM  FOR PROVIDING FREE BUSINESS
 PLANS, LEGAL ADVICE, FINANCIAL GUIDANCE, AND  ADMINISTRATIVE  AND  BACK-
 OFFICE SUPPORT FOR SMALL BUSINESSES PARTICIPATING IN THE PROGRAM.
   3.  WITHDRAWAL  OF  DESIGNATION  OF  SMALL  BUSINESS MENTORING PROGRAM
 CONTRACTS. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION  AND  ARE  CONSIDERED
 CAPABLE  OF  MEETING  THE  SPECIFICATIONS AND TERMS OF THE INVITATION TO
 COMPETE IS LESS THAN THREE, OR IF THE DEPARTMENT DETERMINES THAT ACCEPT-
 ANCE OF THE BEST OFFER WILL RESULT IN THE  PAYMENT  OF  AN  UNREASONABLE
 PRICE, THE DEPARTMENT MAY REJECT ALL OFFERS AND WITHDRAW THE DESIGNATION
 OF THE CONTRACT AS A SMALL BUSINESS MENTORING PROGRAM CONTRACT.
   (B)  IF  THE  DEPARTMENT  WITHDRAWS THE DESIGNATION OF A CONTRACT AS A
 SMALL BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT  MADE
 OFFERS  SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME OR
 REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED  AS  A  SMALL
 BUSINESS  MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT
 PERIODS.
   4. CONSTRUCTION MANAGER MENTORS. A MENTOR SHALL PROVIDE  SERVICES  AND
 ASSISTANCE  TO  A  SMALL BUSINESS AS DESIGNATED BY THE DEPARTMENT, WHICH
 MAY INCLUDE THE FOLLOWING: (A) PROVIDE BUSINESS TRAINING IN  THE  SKILLS
 NECESSARY  TO  OPERATE A SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE
 FOR AND PERFORM A PUBLIC WORK CONTRACT;
   (B) PROVIDE TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO  ASSESS  THE
 OUTCOME  IF  THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT AWARDED A
 CONTRACT;
   (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
 SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5. AGGREGATE AMOUNT. THE SMALL BUSINESS  MENTORING  PROGRAM  CONTRACTS
 AUTHORIZED  BY  THIS  LEGISLATION  SHALL,  FOR  THE  INITIAL YEAR OF THE
 PROGRAM, BE IN AN AGGREGATE AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS,
 AND SHALL NOT EXCEED ONE  HUNDRED  MILLION  DOLLARS,  WITH  THE  MAXIMUM
 AMOUNT IN FUTURE YEARS TO BE SET BY THE DEPARTMENT.
   §  4.  The transportation law is amended by adding a new section 23 to
 read as follows:
   § 23. DEPARTMENT OF TRANSPORTATION SMALL BUSINESS  MENTORING  PROGRAM.
 1.  DEFINITIONS.  AS  USED  IN THIS SECTION, UNLESS THE CONTEXT REQUIRES
 OTHERWISE:

 A. 1487                            10
 
   (A) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES WHICH
 (I) IS INDEPENDENTLY OWNED AND OPERATED; (II) HAS  ANNUAL  REVENUES  NOT
 EXCEEDING  A  FISCAL  LIMITATION  OF FIVE MILLION DOLLARS OR SUCH LESSER
 AMOUNT AS ESTABLISHED BY THE DEPARTMENT PURSUANT  TO  THESE  PROVISIONS;
 AND  (III)  MEETS  ADDITIONAL  CRITERIA  AS OTHERWISE ESTABLISHED BY THE
 DEPARTMENT. THE DEPARTMENT SHALL  ESTABLISH  A  DETAILED  DEFINITION  IN
 GENERAL  AND SPECIFIC TO DIFFERENT SEGMENTS OF THE CONSTRUCTION INDUSTRY
 TO THE EXTENT NECESSARY TO REFLECT  DIFFERING  CHARACTERISTICS  OF  SUCH
 SEGMENTS  BASED ON THE CRITERIA USED BY THE UNITED STATES SMALL BUSINESS
 ADMINISTRATION FOR LOANS TO SMALL BUSINESSES AS SET  FORTH  IN  SECTIONS
 121.301  THROUGH 121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS AS SET
 FORTH IN SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART  121  OF
 CHAPTER I OF TITLE 13 OF THE CODE OF FEDERAL REGULATIONS AS AMENDED, AND
 SUCH OTHER CRITERIA AS DETERMINED BY THE DEPARTMENT;
   (B) "SMALL BUSINESS MENTORING PROGRAM" IS A PROGRAM ESTABLISHED BY THE
 DEPARTMENT PURSUANT TO THIS SECTION TO PROVIDE SMALL BUSINESSES ACCEPTED
 INTO THE PROGRAM WITH THE OPPORTUNITY:
   (I)  FOR  UP  TO  FOUR  YEARS,  TO  COMPETE FOR AND, WHERE AWARDED, TO
 PERFORM CERTAIN DEPARTMENT PUBLIC  WORK  CONTRACTS,  INCLUDING  BUT  NOT
 LIMITED  TO  CONTRACTS FOR THRUWAY AND BRIDGE PROJECTS, TO BE DESIGNATED
 BY THE DEPARTMENT FOR INCLUSION IN THIS PROGRAM UNDER THIS SUBPARAGRAPH,
 WITH THE ASSISTANCE OF A DEPARTMENT-PROVIDED MENTOR, WHICH  SHALL  BE  A
 FIRM  COMPETITIVELY  SELECTED  BY  THE  DEPARTMENT  THAT  HAS  EXTENSIVE
 CONSTRUCTION MANAGEMENT AND MENTORING EXPERIENCE,  WITH  THE  MENTOR  TO
 PROVIDE  THE  SMALL BUSINESS WITH ADVICE AND ASSISTANCE IN COMPETING FOR
 AND MANAGING DEPARTMENT PUBLIC WORK CONTRACTS; AND
   (II) FOR A SMALL BUSINESS  MENTORING  PROGRAM  PARTICIPANT  WHICH  THE
 DEPARTMENT  HAS  DETERMINED HAS SUCCESSFULLY COMPLETED THE PROGRAM UNDER
 SUBPARAGRAPH (I) OF THIS PARAGRAPH, FOR UP TO FOUR ADDITIONAL YEARS, (A)
 ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER  DESIGNATED  SMALL  BUSI-
 NESSES IN THE PROGRAM FOR CERTAIN PUBLIC WORK CONTRACTS TO BE DESIGNATED
 FOR  INCLUSION  UNDER  THIS  SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM
 SUCH DEPARTMENT PUBLIC WORK CONTRACTS, WITH THE FURTHER ASSISTANCE OF  A
 DEPARTMENT-PROVIDED MENTOR, WHICH SHALL BE A FIRM COMPETITIVELY SELECTED
 BY THE DEPARTMENT THAT HAS EXTENSIVE CONSTRUCTION MANAGEMENT AND MENTOR-
 ING  EXPERIENCE,  WITH  THE  MENTOR  TO  PROVIDE THE SMALL BUSINESS WITH
 ADVICE AND TECHNICAL ASSISTANCE IN COMPETING FOR AND MANAGING DEPARTMENT
 PUBLIC WORK CONTRACTS, AND (B) DEPARTMENT-PROVIDED ASSISTANCE, AS DETER-
 MINED BY THE DEPARTMENT, FOR SUCH A SMALL BUSINESS TO OBTAIN BONDING FOR
 PUBLIC  WORK  CONTRACTS  THAT  ARE  COMPETITIVELY  AWARDED  PURSUANT  TO
 PROVISIONS OF LAW OTHER THAN THIS SECTION.
   (C)  "SMALL BUSINESS MENTORING PROGRAM CONTRACT" MEANS A NON-FEDERALLY
 FUNDED DEPARTMENT PUBLIC WORK CONTRACT DESIGNATED BY THE DEPARTMENT,  IN
 AN  ESTIMATED  AMOUNT OF NOT MORE THAN ONE MILLION DOLLARS FOR CONTRACTS
 UNDER SUBPARAGRAPH (I) OF PARAGRAPH (B) OF THIS  SUBDIVISION  AND  THREE
 MILLION  DOLLARS  FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (B)
 OF THIS SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE  INVITED  AND
 ACCEPTED  ONLY  FROM  BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS
 MENTORING PROGRAM AND HAVE BEEN SELECTED BY THE  DEPARTMENT  TO  COMPETE
 FOR THE CONTRACT.
   2. SMALL BUSINESS MENTORING PROGRAM. (A) PURSUANT TO THIS SECTION, THE
 DEPARTMENT  SHALL  ESTABLISH  A  SMALL  BUSINESS  MENTORING  PROGRAM. IN
 CONNECTION THEREWITH, THE DEPARTMENT MAY DETERMINE THE CRITERIA PURSUANT
 TO WHICH A SMALL BUSINESS SHALL BE ELIGIBLE FOR AND SELECTED TO  PARTIC-
 IPATE  IN  THE PROGRAM UNDER SUBPARAGRAPHS (I) AND (II) OF PARAGRAPH (B)
 OF SUBDIVISION ONE OF  THIS  SECTION,  THE  NUMBER  OF  PARTICIPANTS  TO

 A. 1487                            11
 
 PARTICIPATE  IN EACH SUCH COMPONENT OF THE PROGRAM, THE CRITERIA FOR THE
 COMPETITIVE SELECTION OF THE FIRMS THAT WILL  PROVIDE  SMALL  BUSINESSES
 WITH  MENTORING SERVICES, THE ASSIGNMENT OF A MENTOR TO A SPECIFIC SMALL
 BUSINESS  IN  THE  SMALL BUSINESS MENTORING PROGRAM, AND THE FUNDING FOR
 THE PROGRAM.
   (B) UNDER THE SMALL BUSINESS  MENTORING  PROGRAM,  THE  DEPARTMENT  IS
 AUTHORIZED, NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I)  TO  DESIGNATE WHICH ELIGIBLE PUBLIC WORK CONTRACTS SHALL BE SMALL
 BUSINESS MENTORING PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF
 PARAGRAPH (B) OF SUBDIVISION ONE OF THIS SECTION, RESPECTIVELY;
   (II) TO ESTABLISH STANDARDS FOR QUALIFYING  SMALL  BUSINESS  MENTORING
 PROGRAM  PARTICIPANTS  TO COMPETE FOR A SMALL BUSINESS MENTORING PROGRAM
 CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
 THE PROGRAM MUST SUBMIT RESPONSIVE OFFERS TO PERFORM THE CONTRACT;
   (III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS MENTOR-
 ING PROGRAM CONTRACT SHOULD BE RESTRICTED TO  SMALL  BUSINESS  MENTORING
 PROGRAM  PARTICIPANTS  WHICH, PRIOR TO THE RECEIPT OF BIDS OR PROPOSALS,
 HAVE BEEN QUALIFIED BY THE DEPARTMENT FOR SUCH COMPETITION;
   (IV) TO COMPETITIVELY SELECT, DESIGNATE AND CONTRACT WITH ONE OR  MORE
 EXPERIENCED CONSTRUCTION MANAGEMENT FIRMS THAT, UNDER THE GENERAL SUPER-
 VISION  OF  THE DEPARTMENT, WILL PROVIDE MENTORING SERVICES TO THE SMALL
 BUSINESSES PARTICIPATING IN THE SMALL BUSINESS MENTORING PROGRAM, AND TO
 ASSIGN SUCH MENTORS ONE OR MORE DESIGNATED SMALL BUSINESSES  PARTICIPAT-
 ING IN THE PROGRAM;
   (V)  FOR  SMALL  BUSINESS  MENTORING  PROGRAM CONTRACTS, EXCEPT AS SET
 FORTH HEREIN, TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD OF  A
 PUBLIC  WORK  CONTRACT  PURSUANT TO SECTIONS TWELVE HUNDRED NINE, TWELVE
 HUNDRED SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THE PUBLIC
 AUTHORITIES LAW AND ANY OTHER PROVISION OF LAW;
   (VI) TO ASSIST ONLY SMALL BUSINESS MENTORING PROGRAM PARTICIPANTS THAT
 HAVE BEEN AWARDED SMALL BUSINESS MENTORING PROGRAM CONTRACTS  TO  OBTAIN
 ANY  SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN CONNECTION
 WITH SUCH CONTRACT ONLY NOTWITHSTANDING ANY  PROVISION  OF  SECTION  TWO
 THOUSAND FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
   (VII)  FOR  SMALL  BUSINESSES  THAT  HAVE BEEN ACCEPTED INTO THE SMALL
 BUSINESS MENTORING PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH  (B)  OF
 SUBDIVISION  ONE  OF  THIS  SECTION, IN ADDITION TO THE BENEFITS OF SUCH
 PROGRAM AND NOTWITHSTANDING ANY OTHER PROVISION OF LAW, TO PROVIDE TECH-
 NICAL ASSISTANCE IN OBTAINING BID, PAYMENT AND PERFORMANCE  BONDING  FOR
 DEPARTMENT  PUBLIC  WORK CONTRACTS THAT ARE NOT SMALL BUSINESS MENTORING
 PROGRAM CONTRACTS, FOR WHICH THE SMALL BUSINESS IS OTHERWISE QUALIFIED.
   (C) UNDER THE SMALL BUSINESS MENTORING PROGRAM, THE DEPARTMENT  SHALL,
 NOTWITHSTANDING ANY OTHER PROVISION OF LAW:
   (I) REQUIRE THAT THIRTY PERCENT OF ALL NEW YORK STATE FUNDED CONTRACTS
 OVER ONE HUNDRED THOUSAND DOLLARS BE AWARDED TO MINORITY AND WOMEN-OWNED
 BUSINESSES;
   (II)  REQUIRE  THAT  EIGHTEEN  PERCENT OF ALL FEDERAL TRANSIT ADMINIS-
 TRATION FUNDED CONTRACTS BE AWARDED  TO  DISADVANTAGED  BUSINESS  ENTER-
 PRISES;
   (III)  REQUIRE THAT SIX PERCENT OF ALL NEW YORK STATE FUNDED CONTRACTS
 BE AWARDED TO SERVICE DISABLED VETERAN-OWNED BUSINESSES;
   (IV) PROVIDE  A  THIRTEEN-WEEK  CLASS  AT  NO  COST  FOR  TRAINING  IN
 CONSTRUCTION AND BUSINESS DEVELOPMENT FOR SMALL BUSINESSES PARTICIPATING
 IN THE PROGRAM;

 A. 1487                            12
 
   (V)  DEVELOP  AND  IMPLEMENT A SMALL BUSINESS LOAN PROGRAM WHERE FIRMS
 ARE ELIGIBLE TO OBTAIN LOANS UP TO NINE  HUNDRED  THOUSAND  DOLLARS  PER
 CONTRACT; AND
   (VI)  DEVELOP  AND  IMPLEMENT  A  PROGRAM  FOR PROVIDING FREE BUSINESS
 PLANS, LEGAL ADVICE, FINANCIAL GUIDANCE, AND  ADMINISTRATIVE  AND  BACK-
 OFFICE SUPPORT FOR SMALL BUSINESSES PARTICIPATING IN THE PROGRAM.
   3.  WITHDRAWAL  OF  DESIGNATION  OF  SMALL  BUSINESS MENTORING PROGRAM
 CONTRACTS. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS MENTORING
 PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION  AND  ARE  CONSIDERED
 CAPABLE  OF  MEETING  THE  SPECIFICATIONS AND TERMS OF THE INVITATION TO
 COMPETE IS LESS THAN THREE, OR IF THE DEPARTMENT DETERMINES THAT ACCEPT-
 ANCE OF THE BEST OFFER WILL RESULT IN THE  PAYMENT  OF  AN  UNREASONABLE
 PRICE, THE DEPARTMENT MAY REJECT ALL OFFERS AND WITHDRAW THE DESIGNATION
 OF THE CONTRACT AS A SMALL BUSINESS MENTORING PROGRAM CONTRACT.
   (B)  IF  THE  DEPARTMENT  WITHDRAWS THE DESIGNATION OF A CONTRACT AS A
 SMALL BUSINESS MENTORING PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT  MADE
 OFFERS  SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE SAME OR
 REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE RE-ISSUED  AS  A  SMALL
 BUSINESS  MENTORING PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL CONTRACT
 PERIODS.
   4. CONSTRUCTION MANAGER MENTORS. A MENTOR SHALL PROVIDE  SERVICES  AND
 ASSISTANCE  TO  A  SMALL BUSINESS AS DESIGNATED BY THE DEPARTMENT, WHICH
 MAY INCLUDE THE FOLLOWING: (A) PROVIDE BUSINESS TRAINING IN  THE  SKILLS
 NECESSARY  TO  OPERATE A SUCCESSFUL CONSTRUCTION BUSINESS AND TO COMPETE
 FOR AND PERFORM A PUBLIC WORK CONTRACT;
   (B) PROVIDE TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO  ASSESS  THE
 OUTCOME  IF  THE  SMALL  BUSINESS  COMPETES  FOR  BUT  IS  NOT AWARDED A
 CONTRACT;
   (C) IF THE SMALL BUSINESS MENTORING PROGRAM CONTRACT IS AWARDED TO THE
 SMALL BUSINESS, PROVIDE GUIDANCE, ADVICE AND TECHNICAL ASSISTANCE TO THE
 SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
   (D) PROVIDE OTHER TECHNICAL ASSISTANCE TO THE SMALL BUSINESS TO FACIL-
 ITATE LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
   5. AGGREGATE AMOUNT. THE SMALL BUSINESS  MENTORING  PROGRAM  CONTRACTS
 AUTHORIZED  BY  THIS SECTION SHALL, FOR THE INITIAL YEAR OF THE PROGRAM,
 BE IN AN AGGREGATE AMOUNT OF NOT LESS  THAN  TEN  MILLION  DOLLARS,  AND
 SHALL NOT EXCEED ONE HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN
 FUTURE YEARS TO BE SET BY THE DEPARTMENT.
   §  5. 1. The empire state development corporation (hereinafter "corpo-
 ration") shall  develop,  establish,  and  implement  a  small  business
 mentoring  program  to  provide  small businesses with opportunities for
 public work contracts and assistance in management.
   2. As used in this section, unless the context requires otherwise:
   (a) "small business" means a business in the construction trades which
 (i) is independently owned and operated; (ii) has  annual  revenues  not
 exceeding  a  fiscal  limitation  of five million dollars or such lesser
 amount as established by the corporation pursuant to  these  provisions;
 and  (iii)  meets  additional  criteria  as otherwise established by the
 corporation. The corporation shall establish a  detailed  definition  in
 general  and specific to different segments of the construction industry
 to the extent necessary to reflect  differing  characteristics  of  such
 segments  based on the criteria used by the United States small business
 administration for loans to small businesses as set  forth  in  Sections
 121.301  through 121.305, or for awarding government procurements as set
 forth in Sections 121.401 through 121.413, of Subpart A of Part  121  of

 A. 1487                            13
 
 Chapter I of Title 13 of the Code of Federal Regulations as amended, and
 such other criteria as determined by the corporation;
   (b) "small business mentoring program" is a program established by the
 corporation  pursuant  to  this  section  to  provide  small  businesses
 accepted into the program with the opportunity:
   (i) for up to four years,  to  compete  for  and,  where  awarded,  to
 perform  certain  corporation  public work contracts to be designated by
 the corporation for inclusion in this program under  this  subparagraph,
 with  the  assistance of a corporation-provided mentor, which shall be a
 firm competitively  selected  by  the  corporation  that  has  extensive
 construction  management  and  mentoring  experience, with the mentor to
 provide the small business with advice and assistance in  competing  for
 and managing corporation public work contracts; and
   (ii)  for  a  small  business  mentoring program participant which the
 corporation has determined has successfully completed the program  under
 subparagraph (i) of this paragraph, for up to four additional years, (A)
 additional  opportunities  to  compete with other designated small busi-
 nesses in the program for certain public work contracts to be designated
 for inclusion under this subparagraph and,  where  awarded,  to  perform
 such corporation public work contracts, with the further assistance of a
 corporation-provided   mentor,  which  shall  be  a  firm  competitively
 selected by the corporation that has extensive  construction  management
 and  mentoring experience, with the mentor to provide the small business
 with advice and technical  assistance  in  competing  for  and  managing
 corporation  public work contracts, and (B) corporation-provided assist-
 ance, as determined by the corporation, for such  a  small  business  to
 obtain  bonding for public work contracts that are competitively awarded
 pursuant to provisions of law other than this section; and
   (c) "small business mentoring program contract" means a  non-federally
 funded  corporation  public work contract designated by the corporation,
 in an estimated  amount  of  not  more  than  one  million  dollars  for
 contracts  under  subparagraph  (i) of paragraph (b) of this subdivision
 and three million dollars for contracts under subparagraph (ii) of para-
 graph (b) of this subdivision, for which bids or  proposals  are  to  be
 invited and accepted only from businesses that are enrolled in the small
 business  mentoring program and have been selected by the corporation to
 compete for the contract.
   3. Small business mentoring program. (a) In connection with the estab-
 lishment of the program pursuant to subdivision one  of  this  act,  the
 corporation  may  determine the criteria pursuant to which a small busi-
 ness shall be eligible for and selected to participate  in  the  program
 under  subparagraphs (i) and (ii) of paragraph (b) of subdivision two of
 this section, the number of participants to  participate  in  each  such
 component  of the program, the criteria for the competitive selection of
 the firms that will provide small businesses  with  mentoring  services,
 the  assignment  of  a  mentor to a specific small business in the small
 business mentoring program, and the funding for the program.
   (b) Under the small business mentoring  program,  the  corporation  is
 authorized, notwithstanding any other provision of law:
   (i)  to  designate which eligible public work contracts shall be small
 business mentoring program contracts under subparagraphs (i) and (ii) of
 paragraph (b) of subdivision two of this section, respectively;
   (ii) to establish standards for qualifying  small  business  mentoring
 program  participants  to compete for a small business mentoring program
 contract, provided that no less than three qualified small businesses in
 the program must submit responsive offers to perform the contract;

 A. 1487                            14
 
   (iii) to determine when bids or proposals for a small business mentor-
 ing program contract should be restricted to  small  business  mentoring
 program  participants  which, prior to the receipt of bids or proposals,
 have been qualified by the corporation for such competition;
   (iv)  to competitively select, designate and contract with one or more
 experienced construction management firms that, under the general super-
 vision of the corporation, will provide mentoring services to the  small
 businesses participating in the small business mentoring program, and to
 assign  such mentors one or more designated small businesses participat-
 ing in the program;
   (v) for small business mentoring  program  contracts,  except  as  set
 forth  herein, to waive requirements for the solicitation and award of a
 public work contract pursuant to sections twelve  hundred  nine,  twelve
 hundred sixty-five-a and twenty-eight hundred seventy-nine of the public
 authorities law and any other provision of law;
   (vi) to assist only small business mentoring program participants that
 have  been  awarded small business mentoring program contracts to obtain
 any surety bond or contract of insurance required of them in  connection
 with  such  contract  only  notwithstanding any provision of section two
 thousand five hundred four of the insurance law to the contrary; and
   (vii) for small businesses that have  been  accepted  into  the  small
 business  mentoring  program under subparagraph (ii) of paragraph (b) of
 subdivision two of this section, in addition to  the  benefits  of  such
 program and notwithstanding any other provision of law, to provide tech-
 nical  assistance  in obtaining bid, payment and performance bonding for
 corporation public work contracts that are not small business  mentoring
 program contracts, for which the small business is otherwise qualified.
   (c) Under the small business mentoring program, the corporation shall,
 notwithstanding any other provision of law:
   (i) require that thirty percent of all New York state funded contracts
 over one hundred thousand dollars be awarded to minority and women-owned
 businesses;
   (ii)  require  that  eighteen  percent of all federal transit adminis-
 tration funded contracts be awarded  to  disadvantaged  business  enter-
 prises;
   (iii)  require that six percent of all New York state funded contracts
 be awarded to service disabled veteran-owned businesses;
   (iv) provide  a  thirteen-week  class  at  no  cost  for  training  in
 construction and business development for small businesses participating
 in the program;
   (v)  develop  and  implement a small business loan program where firms
 are eligible to obtain loans up to nine  hundred  thousand  dollars  per
 contract; and
   (vi)  develop  and  implement  a  program  for providing free business
 plans, legal advice, financial guidance, and  administrative  and  back-
 office support for small businesses participating in the program.
   4.  Withdrawal  of  designation  of  small  business mentoring program
 contracts. (a) If the total number of qualified small business mentoring
 program participants that respond to a competition  and  are  considered
 capable  of  meeting  the  specifications and terms of the invitation to
 compete is less than  three,  or  if  the  corporation  determines  that
 acceptance  of the best offer will result in the payment of an unreason-
 able price, the corporation may  reject  all  offers  and  withdraw  the
 designation  of  the  contract  as  a  small  business mentoring program
 contract.

 A. 1487                            15
 
   (b) If the corporation withdraws the designation of a  contract  as  a
 small  business mentoring program contract, the firms, if any, that made
 offers shall be notified. Invitations to compete containing the same  or
 rewritten  specifications  and  terms shall then be re-issued as a small
 business  mentoring program contract for one or more additional contract
 periods.
   5. Construction manager mentors. A mentor shall provide  services  and
 assistance  to  a small business as designated by the corporation, which
 may include the following: (a) provide business training in  the  skills
 necessary  to  operate a successful construction business and to compete
 for and perform a public work contract;
   (b) provide technical assistance to the small business to  assess  the
 outcome  if  the  small  business  competes  for  but  is  not awarded a
 contract;
   (c) if the small business mentoring program contract is awarded to the
 small business, provide guidance, advice and technical assistance to the
 small business in the performance of the contract; and
   (d) provide other technical assistance to the small business to facil-
 itate learning, training and other issues which may arise.
   6. Aggregate amount. The small business  mentoring  program  contracts
 authorized  by  this section shall, for the initial year of the program,
 be in an aggregate amount of not less  than  ten  million  dollars,  and
 shall not exceed one hundred million dollars, with the maximum amount in
 future years to be set by the corporation.
   §  6.  This  act shall take effect on the thirtieth day after it shall
 have become a law and shall expire December 31, 2023 when upon such date
 the provisions of this act shall be deemed repealed; provided that  such
 expiration  shall not apply to pending and awarded public work contracts
 and provided further that effective immediately, the addition, amendment
 and/or repeal of any rule or regulation necessary for the implementation
 of this act on  its  effective  date  are  authorized  to  be  made  and
 completed on or before such effective date.