S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4490
 
                        2019-2020 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 4, 2019
                                ___________
 
 Introduced  by  M.  of A. KOLB, HAWLEY, GIGLIO, RAIA, MALLIOTAKIS, STEC,
   BRABENEC, BLANKENBUSH, DiPIETRO, NORRIS, B. MILLER,  JOHNS,  ASHBY  --
   Multi-Sponsored by -- M. of A. FRIEND, McDONOUGH, M. L. MILLER -- read
   once and referred to the Committee on Veterans' Affairs
 
 AN  ACT  to amend the executive law, the state finance law, the arts and
   cultural affairs law, the economic development law, the  environmental
   conservation  law,  the  public authorities law, the general municipal
   law, the banking law, the facilities development corporation act,  the
   New  York state medical care facilities finance agency act and the New
   York state urban development corporation act, in relation to promoting
   veteran owned business enterprises
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "veteran owned business enterprise act".
   § 2. The article heading of article 15-A  of  the  executive  law,  as
 added by chapter 261 of the laws of 1988, is amended to read as follows:
   PARTICIPATION  BY  MINORITY  GROUP  MEMBERS,  VETERANS  AND WOMEN WITH
 RESPECT TO STATE CONTRACTS
   § 3. Subdivisions 1 and 9 of section 310  of  the  executive  law,  as
 added by chapter 261 of the laws of 1988, are amended and a new subdivi-
 sion 24 is added to read as follows:
   1.  "Certified business" shall mean a business verified as a minority,
 HONORABLY DISCHARGED VETERAN or women-owned business enterprise pursuant
 to section three hundred fourteen of this article. FOR PURPOSES OF  THIS
 SECTION  "VETERAN  DISCHARGED  OR  RELEASED  UNDER CONDITIONS OTHER THAN
 DISHONORABLE" SHALL MEAN THOSE CONDITIONS DEFINED BY TITLE  38  CODE  OF
 FEDERAL REGULATIONS SECTION 3.12.
   9.  "Utilization  plan" shall mean a plan prepared by a contractor and
 submitted in connection with a proposed state contract. The  utilization
 plan  shall identify certified minority, HONORABLY DISCHARGED VETERAN or
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD06148-01-9

 A. 4490                             2
 
 women-owned business enterprises,  if  known,  that  have  committed  to
 perform  work  in connection with the proposed state contract as well as
 any such enterprises, if known, which the contractor intends to  use  in
 connection  with  the  contractor's  performance  of  the proposed state
 contract. The plan shall specifically  contain  a  list,  including  the
 name,  address  and  telephone number, of each certified enterprise with
 which the contractor intends to subcontract.
   24. "HONORABLY DISCHARGED VETERAN  OWNED  BUSINESS  ENTERPRISE"  SHALL
 MEAN A BUSINESS ENTERPRISE, INCLUDING A SOLE PROPRIETORSHIP, PARTNERSHIP
 OR CORPORATION THAT IS:
   (A)  AT  LEAST  FIFTY-ONE  PERCENT  OWNED BY ONE OR MORE UNITED STATES
 CITIZENS OR PERMANENT  RESIDENT  ALIENS  WHO  ARE  HONORABLY  DISCHARGED
 VETERANS;
   (B)  AN  ENTERPRISE  IN WHICH THE OWNERSHIP INTEREST OF SUCH HONORABLY
 DISCHARGED VETERANS IS REAL, SUBSTANTIAL AND CONTINUING;
   (C) AN ENTERPRISE IN WHICH SUCH HONORABLY DISCHARGED VETERAN'S  OWNER-
 SHIP  HAS  AND EXERCISES THE AUTHORITY TO CONTROL INDEPENDENTLY THE DAY-
 TO-DAY BUSINESS DECISIONS OF THE ENTERPRISE;
   (D) AN ENTERPRISE AUTHORIZED TO DO BUSINESS IN THIS  STATE  AND  INDE-
 PENDENTLY OWNED AND OPERATED.
   (E) HONORABLY DISCHARGED VETERAN SHALL MEAN A PERSON WHO SERVED IN THE
 ACTIVE MILITARY, NAVAL, OR AIR SERVICE DURING A PERIOD OF WAR AS DEFINED
 IN  PARAGRAPH  (F)  OF  THIS  SUBDIVISION, OR WHO WAS A RECIPIENT OF THE
 ARMED FORCES EXPEDITIONARY MEDAL, NAVY EXPEDITIONARY MEDAL, MARINE CORPS
 EXPEDITIONARY MEDAL, OR GLOBAL WAR ON TERRORISM EXPEDITIONARY MEDAL, AND
 WHO WAS DISCHARGED OR RELEASED THEREFROM UNDER OTHER  THAN  DISHONORABLE
 CONDITIONS,  AS  DOCUMENTED  ACCORDING  TO  RULES AND REGULATIONS OF THE
 DIVISION OF MILITARY AND NAVAL AFFAIRS.
   (F) FOR THE PURPOSES OF THIS ARTICLE, SERVICE DURING TIME  OF  WAR  IS
 DEFINED BY SECTION 3.2 OF TITLE 38 OF THE CODE OF FEDERAL REGULATIONS.
   § 4. Subdivision 1 and paragraphs (a), (d), (e) and (f) of subdivision
 3  of section 311 of the executive law, subdivision 1 and paragraphs (d)
 and (e) of subdivision 3 as amended by chapter 55 of the  laws  of  1992
 and  paragraphs  (a) and (f) of subdivision 3 as added by chapter 261 of
 the laws of 1988, are amended to read as follows:
   1. The head of the division of minority and women's business  develop-
 ment  shall  be  the director who shall be appointed by the governor and
 hold office at the pleasure of the commissioner. It shall be the duty of
 the director of the division of minority and women's  business  develop-
 ment  to  assist  the  governor in the formulation and implementation of
 laws and policies relating to minority, HONORABLY DISCHARGED VETERAN and
 women-owned business enterprises.
   (a) to encourage and assist contracting agencies in their  efforts  to
 increase  participation  by  minority,  HONORABLY DISCHARGED VETERAN and
 women-owned business enterprises on state contracts and subcontracts  so
 as to facilitate the award of a fair share of such contracts to them;
   (d)  to  review  periodically  the  practices  and  procedures of each
 contracting agency with respect to compliance  with  the  provisions  of
 this  article,  and  to  require  them to file periodic reports with the
 division of minority and women's business development as to the level of
 minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
 prises  participation  in the awarding of agency contracts for goods and
 services;
   (e) on January first of each year  report  to  the  governor  and  the
 chairpersons  of  the senate finance and assembly ways and means commit-
 tees on the level of minority, HONORABLY DISCHARGED VETERAN  and  women-

 A. 4490                             3
 
 owned  business enterprises participating in each agency's contracts for
 goods and services and on activities of the office and  effort  by  each
 contracting  agency  to  promote  employment  of minority group members,
 HONORABLY  DISCHARGED  VETERANS  and  women, and to promote and increase
 participation by certified businesses with respect  to  state  contracts
 and  subcontracts so as to facilitate the award of a fair share of state
 contracts to such businesses. The comptroller shall assist the  division
 in collecting information on the participation of certified business for
 each  contracting  agency.  Such report may recommend new activities and
 programs to effectuate the purposes of this article;
   (f) to prepare and update periodically a directory of certified minor-
 ity, HONORABLY DISCHARGED VETERAN and women-owned  business  enterprises
 which  shall, wherever practicable, be divided into categories of labor,
 services, supplies, equipment,  materials  and  recognized  construction
 trades  and  which  shall indicate areas or locations of the state where
 such enterprises are available to perform services;
   § 5. Section 313 of the executive law, as amended by  chapter  175  of
 the laws of 2010, is amended to read as follows:
   § 313. Opportunities  for  minority,  HONORABLY DISCHARGED VETERAN and
 women-owned business enterprises. 1. Goals and requirements for agencies
 and contractors.  Each agency shall structure procurement procedures for
 contracts made directly or indirectly to minority, HONORABLY  DISCHARGED
 VETERAN  and  women-owned  business  enterprises, in accordance with the
 findings of the two thousand ten disparity study,  consistent  with  the
 purposes  of  this  article, to attempt to achieve the following results
 with regard to total annual statewide procurement:
   (a) construction industry for certified minority-owned business enter-
 prises: fourteen and thirty-four hundredths percent;
   (b) construction industry for certified  women-owned  business  enter-
 prises: eight and forty-one hundredths percent;
   (c)  construction related professional services industry for certified
 minority-owned business enterprises: thirteen and twenty-one  hundredths
 percent;
   (d)  construction related professional services industry for certified
 women-owned  business  enterprises:  eleven  and  thirty-two  hundredths
 percent;
   (e)  non-construction  related services industry for certified minori-
 ty-owned business enterprises: nineteen and sixty hundredths percent;
   (f) non-construction related services industry  for  certified  women-
 owned business enterprises: seventeen and forty-four hundredths percent;
   (g)  commodities industry for certified minority-owned business enter-
 prises: sixteen and eleven hundredths percent;
   (h) commodities industry for  certified  women-owned  business  enter-
 prises:  ten and ninety-three hundredths percent;
   (i)  overall  agency  total  dollar value of procurement for certified
 minority-owned business enterprises: sixteen and fifty-three  hundredths
 percent;
   (j)  overall  agency  total  dollar value of procurement for certified
 women-owned business  enterprises:  twelve  and  thirty-nine  hundredths
 percent; and
   (k)  overall  agency  total  dollar value of procurement for certified
 minority, women-owned business enterprises: twenty-eight and  ninety-two
 hundredths percent.
   1-a.  The  director  shall  ensure  that  each  state  agency has been
 provided with a copy of the two thousand ten disparity study.

 A. 4490                             4
 
   1-b. Each agency shall develop and adopt agency-specific  goals  based
 on the findings of the two thousand ten disparity study.
   2. The director shall promulgate rules and regulations pursuant to the
 goals  established in subdivision one of this section that provide meas-
 ures  and  procedures  to  ensure  that  certified  minority,  HONORABLY
 DISCHARGED  VETERAN and women-owned businesses shall be given the oppor-
 tunity for maximum feasible participation in the  performance  of  state
 contracts  and  to  assist in the agency's identification of those state
 contracts for which minority, HONORABLY DISCHARGED  VETERAN  and  women-
 owned  certified  businesses  may best bid to actively and affirmatively
 promote and assist their  participation  in  the  performance  of  state
 contracts  so  as  to facilitate the agency's achievement of the maximum
 feasible portion of the goals for state contracts to such businesses.
   2-a. The director shall promulgate rules  and  regulations  that  will
 accomplish the following:
   (a)  provide  for  the  certification and decertification of minority,
 HONORABLY DISCHARGED VETERAN and women-owned  business  enterprises  for
 all  agencies  through  a  single process that meets applicable require-
 ments;
   (b) require that each contract solicitation document accompanying each
 solicitation set  forth  the  expected  degree  of  minority,  HONORABLY
 DISCHARGED  VETERAN  and  women-owned  business enterprise participation
 based, in part, on:
   (i) the potential subcontract opportunities  available  in  the  prime
 procurement contract; and
   (ii)  the  availability,  as  contained within the study, of certified
 minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
 prises  to  respond  competitively to the potential subcontract opportu-
 nities;
   (c) require that each agency  provide  a  current  list  of  certified
 minority business enterprises to each prospective contractor;
   (d)  allow  a contractor that is a certified minority-owned, HONORABLY
 DISCHARGED VETERAN-OWNED or women-owned business enterprise to  use  the
 work  it  performs  to  meet requirements for use of certified minority-
 owned, HONORABLY DISCHARGED VETERAN-OWNED or women-owned business enter-
 prises as subcontractors;
   (e) provide for joint ventures, which a bidder may count toward  meet-
 ing  its minority, HONORABLY DISCHARGED VETERAN and women-owned business
 enterprise participation;
   (f) consistent with subdivision  six  of  this  section,  provide  for
 circumstances  under  which  an  agency  may  waive  obligations  of the
 contractor  relating  to  minority,  HONORABLY  DISCHARGED  VETERAN  and
 women-owned business enterprise participation;
   (g)  require that an agency verify that minority, HONORABLY DISCHARGED
 VETERAN and women-owned business enterprises listed in a successful  bid
 are actually participating to the extent listed in the project for which
 the bid was submitted;
   (h)  provide  for  the  collection  of statistical data by each agency
 concerning actual minority, HONORABLY DISCHARGED VETERAN and women-owned
 business enterprise participation; and
   (i) require each agency to consult the most  current  disparity  study
 when  calculating  agency-wide and contract specific participation goals
 pursuant to this article.
   3. Solely for the purpose of providing the opportunity for  meaningful
 participation  by  certified  businesses  in  the  performance  of state
 contracts as provided in this section,  state  contracts  shall  include

 A. 4490                             5
 
 leases  of  real property by a state agency to a lessee where: the terms
 of such leases provide for the  construction,  demolition,  replacement,
 major  repair or renovation of real property and improvements thereon by
 such lessee; and the cost of such construction, demolition, replacement,
 major  repair  or  renovation  of real property and improvements thereon
 shall exceed the sum of one hundred thousand  dollars.  Reports  to  the
 director pursuant to section three hundred fifteen of this article shall
 include activities with respect to all such state contracts. Contracting
 agencies  shall  include or require to be included with respect to state
 contracts for the acquisition,  construction,  demolition,  replacement,
 major  repair  or  renovation of real property and improvements thereon,
 such provisions as may be necessary to effectuate the provisions of this
 section in every bid specification and state  contract,  including,  but
 not  limited  to:  (a)  provisions  requiring contractors to make a good
 faith effort to solicit active participation by  enterprises  identified
 in  the  directory  of  certified businesses provided to the contracting
 agency by the office; (b) requiring the parties to agree as a  condition
 of entering into such contract, to be bound by the provisions of section
 three  hundred sixteen of this article; and (c) requiring the contractor
 to include the provisions set forth in paragraphs (a) and  (b)  of  this
 subdivision in every subcontract in a manner that the provisions will be
 binding  upon  each  subcontractor  as  to  work in connection with such
 contract. Provided, however, that no such provisions  shall  be  binding
 upon  contractors  or  subcontractors  in the performance of work or the
 provision of services that are unrelated, separate or distinct from  the
 state  contract  as  expressed by its terms, and nothing in this section
 shall authorize the director or any contracting  agency  to  impose  any
 requirement  on  a  contractor or subcontractor except with respect to a
 state contract.
   4. In the implementation of this section, the contracting agency shall
 (a) consult the findings contained within the disparity study evidencing
 relevant industry specific availability of certified businesses;
   (b) implement a program that will enable the agency to  evaluate  each
 contract to determine the appropriateness of the goal pursuant to subdi-
 vision one of this section;
   (c)  consider  where  practicable,  the  severability  of construction
 projects and other bundled contracts; and
   (d) consider compliance with  the  requirements  of  any  federal  law
 concerning  opportunities for minority, HONORABLY DISCHARGED VETERAN and
 women-owned business enterprises which effectuates the purpose  of  this
 section.  The  contracting agency shall determine whether the imposition
 of the requirements of any such  law  duplicate  or  conflict  with  the
 provisions  hereof  and  if  such  duplication  or  conflict exists, the
 contracting agency shall waive the applicability of this section to  the
 extent of such duplication or conflict.
   5. (a) Contracting agencies shall administer the rules and regulations
 promulgated  by  the director in a good faith effort to meet the maximum
 feasible portion of the agency's goals adopted pursuant to this  article
 and  the  regulations of the director. Such rules and regulations: shall
 require a contractor to submit a utilization plan after bids are opened,
 when bids are required, but prior to the  award  of  a  state  contract;
 shall  require  the  contracting  agency  to review the utilization plan
 submitted by the contractor and to post the  utilization  plan  and  any
 waivers of compliance issued pursuant to subdivision six of this section
 on  the  website of the contracting agency within a reasonable period of
 time as established by the director; shall require the contracting agen-

 A. 4490                             6
 
 cy to notify the contractor in writing within a period of time specified
 by the director as to any deficiencies  contained  in  the  contractor's
 utilization  plan;  shall require remedy thereof within a period of time
 specified  by the director; shall require the contractor to submit peri-
 odic compliance reports relating to the operation and implementation  of
 any  utilization  plan;  shall not allow any automatic waivers but shall
 allow a contractor to apply for a partial or total waiver of the minori-
 ty, HONORABLY DISCHARGED VETERAN  and  women-owned  business  enterprise
 participation  requirements  pursuant  to  subdivisions six and seven of
 this section; shall allow a contractor to  file  a  complaint  with  the
 director  pursuant  to  subdivision eight of this section in the event a
 contracting agency has failed or refused to issue a waiver of the minor-
 ity, HONORABLY DISCHARGED VETERAN and  women-owned  business  enterprise
 participation  requirements or has denied such request for a waiver; and
 shall allow a contracting agency to file a complaint with  the  director
 pursuant  to  subdivision nine of this section in the event a contractor
 is failing  or  has  failed  to  comply  with  the  minority,  HONORABLY
 DISCHARGED  VETERAN  and  women-owned  business enterprise participation
 requirements set forth in the state contract where no  waiver  has  been
 granted.
   (b) The rules and regulations promulgated pursuant to this subdivision
 regarding  a  utilization plan shall provide that where enterprises have
 been identified within a utilization plan, a contractor  shall  attempt,
 in  good  faith, to utilize such enterprise at least to the extent indi-
 cated. A contracting agency may require a contractor to indicate, within
 a utilization plan, what measures and procedures he or  she  intends  to
 take to comply with the provisions of this article, but may not require,
 as  a  condition  of  award  of,  or  compliance with, a contract that a
 contractor  utilize  a  particular  enterprise  in  performance  of  the
 contract.
   (c) Without limiting other grounds for the disqualification of bids or
 proposals  on  the basis of non-responsibility, a contracting agency may
 disqualify the bid or proposal of a contractor as being  non-responsible
 for  failure  to  remedy notified deficiencies contained in the contrac-
 tor's utilization plan within a period of time specified in  regulations
 promulgated  by  the director after receiving notification of such defi-
 ciencies from the contracting agency. Where failure to remedy any  noti-
 fied  deficiency  in  the utilization plan is a ground for disqualifica-
 tion, that issue and all other grounds  for  disqualification  shall  be
 stated in writing by the contracting agency. Where the contracting agen-
 cy states that a failure to remedy any notified deficiency in the utili-
 zation  plan  is  a  ground for disqualification the contractor shall be
 entitled to an  administrative  hearing,  on  a  record,  involving  all
 grounds  stated  by  the  contracting  agency.  Such  hearing  shall  be
 conducted by the appropriate authority  of  the  contracting  agency  to
 review  the  determination  of  disqualification. A final administrative
 determination made following such  hearing  shall  be  reviewable  in  a
 proceeding  commenced  under article seventy-eight of the civil practice
 law and rules, provided that such proceeding is commenced within  thirty
 days  of  the  notice  given  by certified mail return receipt requested
 rendering such final administrative determination. Such proceeding shall
 be commenced in the supreme court, appellate division, third  department
 and  such  proceeding  shall  be  preferred  over all other civil causes
 except election causes, and shall be heard and determined in  preference
 to  all  other  civil business pending therein, except election matters,
 irrespective of position on the calendar. Appeals taken to the court  of

 A. 4490                             7
 
 appeals  of  the  state of New York shall be subject to the same prefer-
 ence.
   6.  Where  it  appears  that  a  contractor cannot, after a good faith
 effort, comply with  the  minority,  HONORABLY  DISCHARGED  VETERAN  and
 women-owned  business enterprise participation requirements set forth in
 a particular state contract, a contractor may file a written application
 with the contracting agency requesting a partial or total waiver of such
 requirements setting forth the reasons for such  contractor's  inability
 to  meet  any  or all of the participation requirements together with an
 explanation of the efforts undertaken by the contractor  to  obtain  the
 required minority, HONORABLY DISCHARGED VETERAN and women-owned business
 enterprise   participation.  In  implementing  the  provisions  of  this
 section, the contracting agency shall consider the number and  types  of
 minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises located in the region in  which  the  state  contract  is  to  be
 performed,  the  total  dollar value of the state contract, the scope of
 work to be performed and the project size and term. If,  based  on  such
 considerations, the contracting agency determines there is not a reason-
 able  availability  of  contractors on the list of certified business to
 furnish services for the project, it shall issue a waiver of  compliance
 to  the contractor. In making such determination, the contracting agency
 shall first consider the  availability  of  other  business  enterprises
 located in the region and shall thereafter consider the financial abili-
 ty  of minority, HONORABLY DISCHARGED VETERAN and women-owned businesses
 located outside the region in which the contract is to be  performed  to
 perform the state contract.
   7.  For  purposes  of  determining a contractor's good faith effort to
 comply with the requirements of this section or  to  be  entitled  to  a
 waiver therefrom the contracting agency shall consider:
   (a)  whether  the  contractor  has  advertised  in general circulation
 media, trade association publications, and minority-focus, VETERAN-FOCUS
 and women-focus media and, in such event, (i) whether or  not  certified
 minority,  HONORABLY  DISCHARGED VETERAN or women-owned businesses which
 have been solicited by the contractor exhibited interest  in  submitting
 proposals  for  a  particular project by attending a pre-bid conference;
 and
   (ii) whether certified businesses which have  been  solicited  by  the
 contractor have responded in a timely fashion to the contractor's solic-
 itations  for timely competitive bid quotations prior to the contracting
 agency's bid date; and
   (b) whether there has been written notification to appropriate  certi-
 fied  businesses  that  appear  in the directory of certified businesses
 prepared pursuant to paragraph (f) of subdivision three of section three
 hundred eleven of this article; and
   (c) whether the contractor can reasonably structure the amount of work
 to be performed under subcontracts in order to increase  the  likelihood
 of participation by certified businesses.
   8.  In the event that a contracting agency fails or refuses to issue a
 waiver to a contractor as requested within twenty days after having made
 application therefor pursuant to subdivision six of this section  or  if
 the contracting agency denies such application, in whole or in part, the
 contractor  may  file  a complaint with the director pursuant to section
 three hundred sixteen of  this  article  setting  forth  the  facts  and
 circumstances  giving rise to the contractor's complaint together with a
 demand for relief. The contractor shall serve a copy of  such  complaint
 upon  the  contracting  agency by personal service or by certified mail,

 A. 4490                             8
 
 return receipt requested. The contracting agency shall  be  afforded  an
 opportunity to respond to such complaint in writing.
   9.  If,  after  the  review  of  a  contractor's  minority,  HONORABLY
 DISCHARGED VETERAN and women owned business utilization plan  or  review
 of  a  periodic  compliance  report  and  after such contractor has been
 afforded an opportunity to respond to a notice of deficiency  issued  by
 the  contracting  agency  in  connection  therewith,  it  appears that a
 contractor is failing or refusing to comply with the minority, HONORABLY
 DISCHARGED VETERAN and women-owned business  participation  requirements
 as  set  forth  in  the  state  contract  and  where no waiver from such
 requirements has been granted, the contracting agency may file a written
 complaint with the director pursuant to section three hundred sixteen of
 this article setting forth the facts and circumstances  giving  rise  to
 the  contracting  agency's  complaint together with a demand for relief.
 The contracting agency shall serve a copy of  such  complaint  upon  the
 contractor  by  personal  service  or  by certified mail, return receipt
 requested. The contractor shall be afforded an opportunity to respond to
 such complaint in writing.
   § 6. Section 317 of the executive law, as added by chapter 261 of  the
 laws of 1988, is amended to read as follows:
   §  317.  Superseding  effect of article with respect to state law. The
 provisions of this article shall supersede any other provision of  state
 law, which expressly implements or mandates an equal employment opportu-
 nity program or a program for securing participation by minority, HONOR-
 ABLY DISCHARGED VETERAN and women-owned business enterprises, concerning
 action  to  be  taken  by  any  party  to a state contract, to which the
 provisions of this article apply; provided, however, that the provisions
 of any state law, not as hereinabove superseded, which expressly  imple-
 ment  or mandate such programs shall remain unimpaired by the provisions
 of this article, except that the provisions of any  such  law  shall  be
 construed  as  if  the  provisions  of subdivisions five, six, seven and
 eight of section  three  hundred  thirteen  and  section  three  hundred
 sixteen of this article were fully set forth therein and made applicable
 only  to complaints of violations under such provisions of law occurring
 on or after September first, nineteen  hundred  eighty-eight;  provided,
 further,  that  nothing  contained in this article shall be construed to
 limit, impair, or otherwise restrict any  state  agency's  authority  or
 discretionary  power in effect prior to the enactment of this article to
 establish or continue, by  rule,  regulation  or  resolution,  an  equal
 opportunity program or a program for securing participation of minority,
 HONORABLY  DISCHARGED  VETERAN and women-owned business enterprises with
 regard to banking relationships, the issuance of insurance  policies  or
 contracts  for  the  sale  of  bonds,  notes  or  other securities; and,
 provided further, that nothing contained in  the  immediately  preceding
 proviso  shall  be  construed  to  create, impair, alter, limit, modify,
 enlarge, abrogate or restrict any agency's  authority  or  discretionary
 power  with  respect  to  an  equal opportunity program or a program for
 securing participation of minority,  HONORABLY  DISCHARGED  VETERAN  and
 women-owned enterprises.
   §  7.  Section 136-b of the state finance law, as added by chapter 261
 of the laws of 1988, is amended to read as follows:
   § 136-b. Selection of underwriters by state agencies. Whenever a state
 agency, as defined in article fifteen-A of the executive law, sells  its
 bonds,  notes or other securities at a private sale, in selecting one or
 more underwriters to purchase such securities  the  state  agency  shall
 consider,  among  other  things,  the  participation  of firms certified

 A. 4490                             9
 
 pursuant to such article as minority, HONORABLY  DISCHARGED  VETERAN  or
 women-owned  firms and the ability of other firms under consideration to
 work with minority, HONORABLY DISCHARGED VETERAN and  women-owned  busi-
 ness  enterprises  so  as  to  promote  and assist participation by such
 enterprises.
   § 8. Paragraphs (b) and (d) of subdivision 2 of section 139-i  of  the
 state  finance  law,  as amended by chapter 531 of the laws of 1993, are
 amended to read as follows:
   (b) include in all bid  documents  provided  to  potential  bidders  a
 statement that information concerning the availability of New York state
 subcontractors  and  suppliers  is  available  from  the  New York state
 department of economic development, which shall include the directory of
 certified minority and women-owned businesses, and it is the  policy  of
 New York state to encourage the use of New York state subcontractors and
 suppliers,  and  to  promote  the  participation  of minority, HONORABLY
 DISCHARGED VETERAN and women-owned businesses, where  possible,  in  the
 procurement of goods and services.
   (d)  adopt  policies  to  promote  the participation by New York state
 business  enterprises  and  New  York  state  residents  in  procurement
 contracts,  with  the cooperation of the department of economic develop-
 ment and the community services division  of  the  department  of  labor
 including,  but  not  limited  to, providing through cooperative efforts
 with contractors for the notification of New York state business  enter-
 prises  of  opportunities to participate as subcontractors and suppliers
 on procurement contracts in an amount estimated to be equal to or great-
 er than one million dollars and for the notification of New  York  state
 residents  of  employment opportunities arising in New York state out of
 procurement contracts in an amount estimated to be equal to  or  greater
 than  one million dollars; and promulgating procedures which will assure
 compliance by contractors with such  notification.    Once  awarded  the
 contract, such contractors shall document their efforts to encourage the
 participation  of  New  York state business enterprises as suppliers and
 subcontractors on procurement contracts equal to  or  greater  than  one
 million  dollars.  Documented  efforts  by a successful contractor shall
 consist of and be limited to showing that such contractor has [(a)]  (I)
 solicited  bids,  in  a  timely and adequate manner, from New York state
 business enterprises including certified minority, HONORABLY  DISCHARGED
 VETERAN  and  women-owned business, or [(b)] (II) contacted the New York
 state department of economic development to obtain listings of New  York
 state  business  enterprises,  or [(c)] (III) placed notices for subcon-
 tractors and suppliers in newspapers, journals and other trade  publica-
 tions  distributed  in  New  York  state,  or [(d)] (IV) participated in
 bidder outreach conferences. If the contractor determines that New  York
 state  business  enterprises  are  not  available  to participate on the
 contract as subcontractors or suppliers, the contractor shall provide  a
 statement indicating the method by which such determination was made. If
 the  contractor  does  not intend to use subcontractors on the contract,
 the contractor shall provide a statement verifying such  intent.    Such
 contractors  shall also provide notification to New York state residents
 of employment opportunities through listing any such positions with  the
 community  services division, or providing for such notification in such
 manner as is consistent with existing collective bargaining contracts or
 agreements. On or before the effective date of this section, each  state
 agency  or  department shall submit such policies to the division of the
 budget and copies thereof to the department of audit  and  control,  the

 A. 4490                            10
 
 department of economic development, the senate finance committee and the
 assembly ways and means committee.
   §  9. Subdivision 5, paragraph (e) of subdivision 11, paragraph (e) of
 subdivision 12 and paragraph (a) of subdivision 16 of section 213 of the
 state finance law, subdivision 5, paragraph (e) of  subdivision  11  and
 paragraph  (e)  of subdivision 12 as added by chapter 705 of the laws of
 1993 and paragraph (a) of subdivision 16 as amended by section 2 of part
 HH of chapter 59 of the laws of 2013, are amended to read as follows:
   5. "Certified [minority-] MINORITY, HONORABLY  DISCHARGED  VETERAN  or
 women-owned   business"   means   any  [minority-]  MINORITY,  HONORABLY
 DISCHARGED VETERAN or women-owned  business  enterprise  as  defined  in
 section three hundred ten of the executive law and certified pursuant to
 section three hundred fourteen of the executive law.
   (e)  any  certified [minority-] MINORITY, HONORABLY DISCHARGED VETERAN
 or women-owned business seeking  financing  necessary  to  carry  out  a
 procurement  contract with an agency or authority or other entity of the
 state or federal government; or
   (e) for certified [minority-] MINORITY, HONORABLY  DISCHARGED  VETERAN
 and  women-owned  businesses, projects to provide financing necessary to
 carry out a procurement contract with an agency or  authority  or  other
 entity of the state or federal government.
   (a)  for  a  linked deposit made in connection with a linked loan to a
 certified business in an empire zone or to an eligible business  located
 in  a  highly distressed area or to an eligible business that is defined
 in paragraph (b-1) of subdivision eleven of this section that is located
 in a renewal community or defined in paragraph (b-2) of such subdivision
 that is located in an empowerment zone or defined in paragraph (b-3)  of
 such subdivision that is located in an enterprise community, or a quali-
 fying  technology  or innovation business as defined in paragraph (g) of
 subdivision eleven of this section, respectively for  eligible  projects
 defined  in  paragraph  (c)  of  subdivision twelve of this section or a
 certified [minority-] MINORITY, HONORABLY DISCHARGED VETERAN  or  women-
 owned  business  enterprise for an eligible project defined in paragraph
 (e) of subdivision twelve of this  section  or  to  a  defense  industry
 manufacturer  for  a  project  defined  in  paragraph (d) of subdivision
 twelve of this section, a fixed rate of interest which is three  hundred
 basis  points below the lender's posted four year certificate of deposit
 rate or, if the lender does not offer a four year certificate of  depos-
 it,  is  three hundred basis points below the average statewide rate for
 four year certificates of deposit as determined by the  commissioner  of
 economic development;
   §  10.  Subdivision  1  of  section  218  of the state finance law, as
 amended by section 1 of part U of chapter 58 of the  laws  of  2012,  is
 amended to read as follows:
   1.  Linked  loans  made  to certified businesses in empire zones or to
 eligible businesses in highly distressed areas or to eligible businesses
 that are defined in paragraph (b-1) of subdivision eleven of section two
 hundred thirteen of this article that are located in a renewal community
 or defined in paragraph (b-2) of such subdivision that are located in an
 empowerment zone or defined in paragraph (b-3) of such subdivision  that
 are  located  in  an  enterprise  community,  respectively  for eligible
 projects defined in paragraph (c) of subdivision twelve of  section  two
 hundred  thirteen  of this article or to [minority-] MINORITY, HONORABLY
 DISCHARGED VETERAN or women-owned business enterprises for  an  eligible
 project  defined  in  paragraph (e) of subdivision twelve of section two
 hundred thirteen of this article or to a defense  industry  manufacturer

 A. 4490                            11
 
 for  a project defined in paragraph (d) of subdivision twelve of section
 two hundred thirteen of this article or to an eligible business pursuant
 to paragraph (a) of subdivision eleven of section two  hundred  thirteen
 of  this  article  that  produces products defined in subdivision two of
 section three hundred one of the agriculture  and  markets  law  for  an
 eligible  project  as  defined in paragraph (b) of subdivision twelve of
 section two hundred thirteen of this article shall bear  interest  at  a
 fixed  rate  equal  to  three percentage points below the fixed interest
 rate the lender would have charged for the loan  in  the  absence  of  a
 linked  deposit  based  on  its usual credit considerations.   All other
 linked loans shall bear interest at a fixed rate equal to two percentage
 points below the fixed interest rate the lender would have  charged  for
 the  loan  in  the absence of a linked deposit based on its usual credit
 considerations. Lenders shall certify to the  commissioner  of  economic
 development that the rate to be charged on a linked loan is two percent-
 age  points  or  three  percentage points, as the case may be, below the
 interest rate the lender would have charged for the loan in the  absence
 of a linked deposit.
   §  11. Paragraph (c) of subdivision 12 of section 3.07 of the arts and
 cultural affairs law, as amended by chapter 255 of the laws of 1988,  is
 amended to read as follows:
   (c)  (i)  In  the  performance  of  projects pursuant to this section,
 minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
 prises  shall be given the opportunity for meaningful participation. For
 purposes hereof, minority business enterprise shall  mean  any  business
 enterprise  which  is  at least fifty-one per centum owned by, or in the
 case of a publicly owned business, at least fifty-one per centum of  the
 stock  or  other voting interest is owned by citizens or permanent resi-
 dent aliens who are Black, Hispanic,  Asian,  American  Indian,  Pacific
 Islander,  or  Alaskan  native,  and  such  ownership  interest is real,
 substantial and  continuing  and  has  the  authority  to  independently
 control the day to day business decisions of the entity for at least one
 year;  HONORABLY DISCHARGED VETERAN OWNED BUSINESS ENTERPRISE SHALL MEAN
 THE SAME AS PROVIDED IN SUBDIVISION TWENTY-FOUR OF SECTION THREE HUNDRED
 TEN OF THE EXECUTIVE LAW; and women-owned business enterprise shall mean
 any business enterprise which is at least fifty-one per centum owned by,
 or in the case of a publicly owned  business,  at  least  fifty-one  per
 centum of the stock to other voting interests of which is owned by citi-
 zens  or  permanent  resident  aliens  who are women, and such ownership
 interest is real, substantial and continuing and has  the  authority  to
 independently  control  the  day to day business decisions of the entity
 for at least one year.
   The provisions of this subdivision shall not be construed to limit the
 ability of any minority business enterprise to bid on any contract.
   (ii) In order to implement the requirements  and  objectives  of  this
 section,  the  council  shall request, as appropriate, the assistance of
 other  state  agencies  to  monitor  the  contractors'  compliance  with
 provisions  hereof,  provide assistance in obtaining competing qualified
 minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
 prises  to  perform  contracts  proposed  to  be awarded, and take other
 appropriate measures  to  improve  the  access  of  minority,  HONORABLY
 DISCHARGED   VETERAN  and  women-owned  business  enterprises  to  these
 contracts.
   § 12. Subdivision 2 of section 115 of the economic development law, as
 added by chapter 55 of the laws of 1992, is amended to read as follows:

 A. 4490                            12
 
   2. "Technical assistance" shall mean assistance and services  designed
 to  improve  the  efficiency, effectiveness and viability of a minority,
 HONORABLY DISCHARGED VETERAN or women-owned business enterprise, includ-
 ing, but not limited to, management  assistance,  problem  solving,  the
 development  of business and marketing plans, market analysis, financial
 planning, regulatory compliance, safety and  security  measures,  export
 assistance,   procurement   assistance,  application  assistance,  state
 program assistance, referral to private and  public  financing  sources,
 contracting  assistance, and other forms of assistance which the commis-
 sioner deems necessary and appropriate.
   § 13. Section 118 of the economic development law, as added by chapter
 55 of the laws of 1992 and subdivision 7 as further amended  by  section
 15  of  part GG of chapter 63 of the laws of 2000, is amended to read as
 follows:
   § 118. Power and duties. In addition to the power and duties conferred
 by section one hundred sixteen of this article, the division shall  have
 the additional power and duty to:
   1.  Coordinate  with all state agencies performing functions affecting
 the operations of minority business  enterprises,  HONORABLY  DISCHARGED
 VETERAN OWNED BUSINESS ENTERPRISES and women-owned business enterprises,
 as such terms are defined in section two hundred ten of this chapter;
   2.  Receive  complaints and inquiries of operators of minority, HONOR-
 ABLY DISCHARGED VETERAN and women-owned business enterprises  and  refer
 them  to  the appropriate federal, state or local agency for appropriate
 action on such complaints;
   3. Solicit recommendations from the operators of  minority,  HONORABLY
 DISCHARGED  VETERAN  and  women-owned business enterprises for improving
 existing state programs and refer such recommendations to the  governor,
 the legislature and appropriate state agencies or authorities;
   4.  Advise and make recommendations to the commissioner and the legis-
 lature on matters affecting the minority, HONORABLY  DISCHARGED  VETERAN
 and  women-owned  business  enterprises  of  the  state  and promote and
 encourage the protection of the legitimate interests of minority, HONOR-
 ABLY DISCHARGED VETERAN and women-owned business enterprises within  the
 state;
   5.  Conduct  investigations, research, studies and analyses of matters
 affecting the interests of minority, HONORABLY  DISCHARGED  VETERAN  and
 women-owned business enterprises;
   6.  Study the implementation of the laws affecting minority, HONORABLY
 DISCHARGED VETERAN and women-owned business enterprises and recommend to
 the commissioner new laws and amendments of  laws  for  the  benefit  of
 minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises; and review pending  legislation  affecting  minority,  HONORABLY
 DISCHARGED  VETERAN  and women-owned business enterprises and report its
 findings to the commissioner;
   7. Provide technical assistance and information to minority, HONORABLY
 DISCHARGED VETERAN and women-owned business enterprises in the state  on
 economic development programs administered by the department, including,
 but  not limited to:  (a) the empire zones program, established pursuant
 to article eighteen-B of the general municipal law, (b)  the  industrial
 effectiveness  program,  established  pursuant  to article seven of this
 chapter, (c) the economic development skills  training  program,  estab-
 lished  pursuant to article eight of this chapter, and (d) the entrepre-
 neurial assistance program, established pursuant to article nine of this
 chapter;

 A. 4490                            13
 
   8. Provide technical assistance and information to minority, HONORABLY
 DISCHARGED VETERAN and women-owned business enterprises in the state  on
 economic  development  programs  administered by agencies other than the
 department, including, but not limited to programs administered  by  the
 urban  development  corporation,  the  job development authority and the
 science and technology foundation;
   9. Be responsible for conducting minority, HONORABLY DISCHARGED VETER-
 AN and women-owned business enterprise assistance programs and for coor-
 dinating the activities of all other state agencies  acting  within  the
 scope of this section; and
   10.  Carry  out  the  activities  to implement the minority, HONORABLY
 DISCHARGED  VETERAN  and  women-owned  business  enterprise   assistance
 programs,  to the extent practicable, within amounts appropriated there-
 for by[;]:
   (a)  collecting  and  maintaining  information  identifying  certified
 minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises within New York state;
   (b) collecting, maintaining, and providing  information  to  potential
 users  identifying  existing  contracting  and procurement opportunities
 within and outside New York state;
   (c) maintaining, providing and marketing  a  compilation  of  existing
 programs providing assistance for minority, HONORABLY DISCHARGED VETERAN
 and women-owned business enterprises;
   (d)  identifying special needs and problems facing minority, HONORABLY
 DISCHARGED VETERAN and women-owned business enterprises within New  York
 state;
   (e)  contacting institutions, organizations and commercial enterprises
 that are potential consumers of minority, HONORABLY  DISCHARGED  VETERAN
 and  women-owned  business  products and services; urging their expanded
 consumption of such goods and services;
   (f) facilitating the establishment of minority,  HONORABLY  DISCHARGED
 VETERAN and women-owned business enterprises; and
   (g)  providing information concerning local and regional opportunities
 for minority, HONORABLY  DISCHARGED  VETERAN  and  women-owned  business
 enterprises.
   §  14.    Section  210  of  the economic development law is amended by
 adding a new subdivision 7 to read as follows:
   7. "HONORABLY DISCHARGED VETERAN OWNED BUSINESS ENTERPRISE" MEANS  THE
 SAME  AS DEFINED IN SUBDIVISION TWENTY-FOUR OF SECTION THREE HUNDRED TEN
 OF THE EXECUTIVE LAW.
   § 15. Paragraphs (b) and (i) of subdivision 1 of section  231  of  the
 economic development law, as amended by chapter 352 of the laws of 2009,
 are amended to read as follows:
   (b)  to  provide  outreach  to businesses, with attention to small and
 medium-sized businesses, including minority, HONORABLY DISCHARGED VETER-
 AN and women-owned business enterprises,  for  financial  and  technical
 assistance  offered by state economic development agencies, authorities,
 or other economic entities;
   (i) to provide information and  assistance  in  the  certification  of
 minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises;
   § 16. Section 52-0113 of the environmental conservation law, as  added
 by chapter 512 of the laws of 1986, is amended to read as follows:
 § 52-0113. Minority,  HONORABLY DISCHARGED VETERAN and women-owned busi-
              ness enterprise program.

 A. 4490                            14
 
   1. a.  In  the  performance  of  projects  pursuant  to  this  article
 minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises shall be given the opportunity for meaningful participation.  The
 department  or  the  office  shall  establish measures and procedures to
 secure  meaningful  participation and identify those contracts and items
 of work for which minority, HONORABLY DISCHARGED VETERAN and women-owned
 business enterprises may best bid to actively and affirmatively  promote
 and  assist their participation in the projects, so as to facilitate the
 award of a fair share of contracts to such enterprises; provided, howev-
 er, that nothing in this article shall be construed to limit the ability
 of the department or office to assure that qualified minority, HONORABLY
 DISCHARGED VETERAN and women-owned business enterprises may  participate
 in the program.
   For  purposes  [hereof]  OF THIS ARTICLE, minority business enterprise
 shall mean any business enterprise  which  is  at  least  fifty-one  per
 centum  owned  by, or in the case of a publicly owned business, at least
 fifty-one per centum of the stock of  which  is  owned  by  citizens  or
 permanent  resident  aliens  who  are Black, Hispanic, Asian or American
 Indian, Pacific Islander or Alaskan natives and such ownership  interest
 is  real, substantial and continuing and have the authority to independ-
 ently control the day to day business decisions of  the  entity  for  at
 least  one  year; HONORABLY DISCHARGED VETERAN OWNED BUSINESS ENTERPRISE
 SHALL MEAN THE SAME AS DEFINED IN  SUBDIVISION  TWENTY-FOUR  OF  SECTION
 THREE  HUNDRED TEN OF THE EXECUTIVE LAW; and women-owned business enter-
 prise shall mean any business enterprise which is at least fifty-one per
 centum owned by, or in the case of a publicly owned business,  at  least
 fifty-one  per  centum  of  the  stock  of which is owned by citizens or
 permanent resident aliens who are women, and such ownership interest  is
 real, substantial and continuing and have the authority to independently
 control the day to day business decisions of the entity for at least one
 year.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority, HONORABLY  DISCHARGED  VETERAN  or  women-owned
 business enterprise to bid on any contract.
   b. In the implementation of this section, the department or the office
 shall consider compliance by any contractor with the requirements of any
 federal,  state,  or local law concerning minority, HONORABLY DISCHARGED
 VETERAN and women-owned business enterprises, which may  effectuate  the
 requirements of this section. If the department or the office determines
 that by virtue of the imposition of the requirements of any such law, in
 respect  to  capital project contracts, the provisions thereof duplicate
 or conflict with such law, the department may waive the applicability of
 this section to the extent of such duplication or conflict.
   c. Nothing in this section shall be deemed  to  require  that  overall
 state  and federal requirements for participation of minority, HONORABLY
 DISCHARGED VETERAN and  women-owned  business  enterprises  in  programs
 authorized under this article be applied without regard to local circum-
 stances to all projects or in all communities.
   2.  In  order  to  implement  the  requirements and objectives of this
 section, the department and the office  shall  establish  procedures  to
 monitor  the  contractors'  compliance  with  provisions hereof, provide
 assistance  in  obtaining  competing   qualified   minority,   HONORABLY
 DISCHARGED  VETERAN  and  women-owned  business  enterprises  to perform
 contracts proposed to be awarded, and take other appropriate measures to
 improve the access of minority, HONORABLY DISCHARGED VETERAN and  women-
 owned business enterprises to these contracts.

 A. 4490                            15
 
   §  17.  Subparagraph  (i)  of  paragraph (b), the opening paragraph of
 paragraph (c), paragraphs (i) and (j) and subparagraphs (ii)  and  (iii)
 of paragraph (n) of subdivision 3 of section 2879 of the public authori-
 ties  law,  subparagraph (i) of paragraph (b) as amended, paragraphs (i)
 and  (j)  as added, and subparagraphs (ii) and (iii) of paragraph (n) as
 relettered by chapter 174 of the laws of 2010, the opening paragraph  of
 paragraph  (c)  as amended by chapter 564 of the laws of 1988, and para-
 graph (n) as amended by chapter 531 of the laws of 1993 are amended  and
 a new paragraph (e-1) is added to read as follows:
   (i)  for the selection of such contractors on a competitive basis, and
 provisions relating to the circumstances under which the  board  may  by
 resolution  waive  competition,  including,  notwithstanding  any  other
 provision of  law  requiring  competition,  the  purchase  of  goods  or
 services  from  small  business concerns or those certified as minority,
 HONORABLY DISCHARGED VETERAN or  women-owned  business  enterprises,  or
 goods  or  technology  that are recycled or remanufactured, in an amount
 not to exceed two hundred thousand dollars without a formal  competitive
 process;
   An  identification  of  those  areas  or  types of contracts for which
 minority, HONORABLY DISCHARGED VETERAN or  women-owned  business  enter-
 prises  may  best  bid so as to promote and assist participation by such
 enterprises and facilitate a fair share of the awarding of contracts  to
 such  enterprises. For the purposes of this section, a minority business
 enterprise means any business enterprise, including a  sole  proprietor-
 ship, partnership or corporation that is:
   (E-1)  FOR  PURPOSES  OF  THIS  SECTION, "HONORABLY DISCHARGED VETERAN
 OWNED BUSINESS ENTERPRISE" MEANS THE  SAME  AS  DEFINED  IN  SUBDIVISION
 TWENTY-FOUR OF SECTION THREE HUNDRED TEN OF THE EXECUTIVE LAW.
   (i) The establishment of appropriate goals for participation by minor-
 ity, HONORABLY DISCHARGED VETERAN or women-owned business enterprises in
 procurement contracts awarded by the corporation and for the utilization
 of minority, HONORABLY DISCHARGED VETERAN and women-owned enterprises as
 subcontractors  and  suppliers  by entities having procurement contracts
 with the corporation. Statewide  numerical  participation  target  goals
 shall  be established by each authority based on the findings of the two
 thousand ten disparity study.
   (j) Requirements to conduct procurements in a manner that will  enable
 the  corporation  to  achieve  the maximum feasible portion of the goals
 established pursuant to paragraph (i) of this subdivision and that elim-
 inates barriers  to  participation  by  minority,  HONORABLY  DISCHARGED
 VETERAN  and  women-owned  business  enterprises  in  the  corporation's
 procurements. Such procurement requirements shall include the following:
   (A) Measures and procedures to ensure that certified businesses  shall
 be  given  the  opportunity  for  maximum  feasible participation in the
 performance of state contracts and to assist in the corporation's  iden-
 tification  of  those state contracts for which certified businesses may
 best bid to actively and affirmatively promote and assist their  partic-
 ipation  in  the  performance of state contracts so as to facilitate the
 corporation's achievement of the maximum feasible portion of  the  goals
 for state contracts to such businesses;
   (B)   Provisions  designating  the  division  of  minority,  HONORABLY
 DISCHARGED VETERAN and women-owned business development to  certify  and
 decertify  minority,  HONORABLY DISCHARGED VETERAN and women-owned busi-
 ness enterprises for all corporations  through  a  single  process  that
 meets applicable state and federal requirements;

 A. 4490                            16
 
   (C)  A requirement that each contract solicitation document accompany-
 ing each solicitation set forth the expected degree of minority,  HONOR-
 ABLY  DISCHARGED  VETERAN  and  women-owned  business enterprise partic-
 ipation based, in part, on:
   I.  the  potential  subcontract  opportunities  available in the prime
 procurement contract; and
   II. the  availability  of  certified  minority,  HONORABLY  DISCHARGED
 VETERAN and women-owned business enterprises to respond competitively to
 the potential subcontract opportunities;
   (D)  A  requirement  that  each  corporation provide a current list of
 certified minority business enterprises to each prospective contractor;
   (E) Provisions relating to joint ventures, under which  a  bidder  may
 count  toward  meeting  its  minority  business enterprise participation
 goal, the minority, HONORABLY DISCHARGED VETERAN and  women-owned  busi-
 ness enterprise portion of the joint venture;
   (F)  Provisions  under  which the corporation may waive obligations of
 the contractor relating to minority, HONORABLY  DISCHARGED  VETERAN  and
 women-owned  business  enterprise  participation after a showing of good
 faith efforts to comply with the requirements of this  act  pursuant  to
 the  waiver  provisions  contained  in  subdivision six of section three
 hundred thirteen of the executive law;
   (G) A requirement that the corporation verify that minority, HONORABLY
 DISCHARGED VETERAN and women-owned  business  enterprises  listed  in  a
 successful  bid  are  actually participating to the extent listed in the
 project for which the bid was submitted;
   (H) In the implementation of this section, the contracting corporation
 shall:
   I. consider,  where  practicable,  the  severability  of  construction
 projects and other bundled contracts;
   II.  implement  a program that will enable the corporation to evaluate
 each contract to determine the appropriateness of the goal  pursuant  to
 paragraph (i) of this subdivision;
   III.  consider  compliance  with  the  requirements of any federal law
 concerning opportunities for minority, HONORABLY DISCHARGED VETERAN  and
 women-owned  business  enterprises which effectuates the purpose of this
 section; and
   IV. consult the  most  recent  disparity  study  pursuant  to  article
 fifteen-A of the executive law.
   (ii)  with  the  cooperation of the department of economic development
 and through cooperative efforts  with  contractors,  providing  for  the
 notification  of New York state business enterprises of opportunities to
 participate as subcontractors and suppliers on procurement contracts let
 by the corporation in an amount estimated to be equal to or greater than
 one million  dollars  and  promulgating  procedures  which  will  assure
 compliance  by  contractors  with  such  notification.  Once awarded the
 contract such contractors shall document their efforts to encourage  the
 participation  of  New  York state business enterprises as suppliers and
 subcontractors on procurement contracts equal to  or  greater  than  one
 million  dollars.  Documented  efforts  by a successful contractor shall
 consist of and be limited to showing that such contractor has (a) solic-
 ited bids, in a timely and adequate manner, from New York state business
 enterprises including certified minority, HONORABLY  DISCHARGED  VETERAN
 and women-owned business, or (b) contacted the New York state department
 of  economic  development  to obtain listings of New York state business
 enterprises, or (c) placed notices for subcontractors and  suppliers  in
 newspapers,  journals  and  other  trade publications distributed in New

 A. 4490                            17
 
 York state, or (d) participated in bidder outreach conferences.  If  the
 contractor  determines  that New York state business enterprises are not
 available to participate on the contract as subcontractors or suppliers,
 the  contractor shall provide a statement indicating the method by which
 such determination was made. If the contractor does not  intend  to  use
 subcontractors on the contract, the contractor shall provide a statement
 verifying such intent; and
   (iii) except for procurement contracts for which the corporation would
 be  expending  funds  received from another state, the corporation shall
 include in all bid documents provided to potential bidders  a  statement
 that  information  concerning the availability of New York state subcon-
 tractors and suppliers is available from the New York  state  department
 of  economic development, which shall include the directory of certified
 minority, HONORABLY DISCHARGED VETERAN and women-owned  businesses,  and
 it  is  the  policy  of  New York state to encourage the use of New York
 state subcontractors and suppliers, and to promote the participation  of
 minority,  HONORABLY DISCHARGED VETERAN and women-owned businesses where
 possible, in the procurement of goods and services; and
   § 18. Section 957 of the general municipal law is amended by adding  a
 new subdivision (u) to read as follows:
   (U)  "HONORABLY  DISCHARGED   VETERAN OWNED BUSINESS ENTERPRISE" SHALL
 MEAN THE SAME AS DEFINED IN SUBDIVISION  TWENTY-FOUR  OF  SECTION  THREE
 HUNDRED TEN OF THE EXECUTIVE LAW.
   § 19. Subdivisions (g) and (t) of section 959 of the general municipal
 law,  as  amended  by section 3 of part S-1 of chapter 57 of the laws of
 2009, are amended to read as follows:
   (g) Coordinate, with the local empire zone  administrative  board  and
 state  agencies  and  authorities, the provision of business development
 programs and services for each empire zone in  order  to  stimulate  the
 creation  and  development  of new small businesses, including new small
 minority-owned, HONORABLY DISCHARGED VETERAN-OWNED and women-owned busi-
 ness enterprises, and may request and shall receive from any department,
 division, board, bureau, commission, agency or public authority  of  the
 state such assistance as may be necessary;
   (t)  Coordinate with the urban development corporation the creation of
 a special category of assistance for zones within the regional  economic
 development  partnership  program,  which  will  make available economic
 development assistance grants for zone programs and activities,  includ-
 ing,  but  not  limited  to,  planning,  service coordination, and local
 institutional capacity building for human resource development necessary
 for economic revitalization; planning and development of small  business
 incubators; job placement and preparedness programs for zones residents;
 education and training programs for zone businesses; child care programs
 and  projects  supportive  of business development; technical assistance
 for minority, HONORABLY  DISCHARGED  VETERAN  and  women-owned  business
 development;  training for zone officials; business and tourism develop-
 ment and marketing programs; and other innovative  programs  and  activ-
 ities in support of economic and community development within the zones;
   §  20.  Paragraph (x) of subdivision (b) of section 961 of the general
 municipal law, as added by chapter 708 of the laws of 1993,  is  amended
 to read as follows:
   (x) identify financial commitments the applicant will make to the zone
 for activities, including, but not limited to, marketing of the zone for
 business  development,  human  resource  services for zone residents and
 businesses, and services for small [and], minority, HONORABLY DISCHARGED
 VETERAN and women-owned businesses;

 A. 4490                            18
 
   § 21. Subdivision (j) of section 962 of the general municipal law,  as
 amended  by  chapter  624  of the laws of 1990 and as further amended by
 section 15 of part GG of chapter 63 of the laws of 2000, is  amended  to
 read as follows:
   (j)  a  description  of  activities  designed to ensure the meaningful
 participation of minority-owned, HONORABLY DISCHARGED VETERAN-OWNED  and
 women-owned business enterprises in empire zone development activities;
   §  22. Paragraphs (iii) and (xii) of subdivision (a) of section 963 of
 the general municipal law, as amended by chapter  708  of  the  laws  of
 1993,  as  further amended by section 15 of part GG of chapter 63 of the
 laws of 2000 and such subdivision as relettered by section 7 of part S-1
 of chapter 57 of the laws of 2009, are amended to read as follows:
   (iii) undertake efforts to ensure meaningful participation by  minori-
 ty-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED and women-owned business
 enterprises in empire zone activities;
   (xii) provide within the zone, or contract  with  a  new  or  existing
 community-based  local  development  corporation  or  entity to provide,
 strategic economic development planning  for  the  zone,  marketing  and
 promotion of the zone, assistance to companies in applying for available
 benefits, preparation of applications for financing assistance and other
 technical assistance services; coordination of the delivery of state and
 local  programs  within  the zones; and operation of such other economic
 development assistance programs in furtherance of the empire zone devel-
 opment plan as may be appropriate. Provided, however, within the  amount
 appropriated  therefor  and allocated by the director of the budget, the
 commissioner, through annual administrative  contracts,  shall,  to  the
 maximum  extent  feasible,  make  equally  available  financial support,
 through contracts or other means,  to  assist  with  the  administrative
 expenses  of  the  local  zone  administrative bodies or community-based
 development organizations. No funds shall be  made  available  for  this
 purpose  unless the amount to be provided has been matched by private or
 governmental sources, other than state  sources,  in  amounts  at  least
 equalling that to be provided by the state. Such matching funds shall be
 earmarked  and used exclusively for the local administration of the zone
 program or for activities of the zone program. At least fifty percent of
 such matching funds shall be in cash, provided that the commissioner may
 waive this requirement for communities with populations  of  twenty-five
 thousand  or  less, and provided, further, that any amounts appropriated
 for minority, HONORABLY  DISCHARGED  VETERAN  and  women-owned  business
 development  within  the  zones shall be distributed by the commissioner
 pursuant to a competitive proposal solicitation process.
   § 23. Subdivision (c) of section 964 of the general municipal law,  as
 amended  by  chapter  708  of the laws of 1993 and as further amended by
 section 15 of part GG of chapter 63 of the laws of 2000, is  amended  to
 read as follows:
   (c)  Each empire zone capital corporation shall, to the maximum extent
 feasible, undertake measures and procedures to ensure meaningful partic-
 ipation  by  minority-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED   and
 women-owned  business  enterprises  in the activities and investments of
 such corporation. Each such corporation shall additionally, to the maxi-
 mum extent feasible, undertake measures and procedures to  ensure  mean-
 ingful participation by locally owned business enterprises in the activ-
 ities and investments of such corporation.
   §  24. Subparagraph 7 of paragraph f of subdivision 3 of section 970-r
 of the general municipal law, as amended by section 1 of part U of chap-
 ter 58 of the laws of 2018, is amended to read as follows:

 A. 4490                            19
 
   (7) the financial commitments the applicant will make  to  the  brown-
 field  opportunity  area  for  activities including, but not limited to,
 marketing of the area for business development, human resource  services
 for  residents  and  businesses  in the brownfield opportunity area, and
 services  for  small  [and],  minority, HONORABLY DISCHARGED VETERAN and
 women-owned businesses.
   § 25. Subdivision 33 of section 454 of the banking law, as amended  by
 chapter 679 of the laws of 2003, is amended to read as follows:
   33. Notwithstanding any other provision of this article to the contra-
 ry,  to  participate  in the [minority -] MINORITY, HONORABLY DISCHARGED
 VETERAN and women-owned business development  and  lending  program,  as
 established  in  section  [16-c] SIXTEEN-C of section [1] ONE of chapter
 [174] ONE HUNDRED SEVENTY-FOUR of the laws of  [1968]  NINETEEN  HUNDRED
 SIXTY-EIGHT,  constituting the urban development corporation act, to the
 extent that such program allows participation by credit unions.
   § 26. Section 9-b of section 1 of chapter 359 of  the  laws  of  1968,
 constituting  the  facilities  development  corporation act, as added by
 chapter 58 of the laws of 1987, is amended to read as follows:
   § 9-b. Minority, HONORABLY DISCHARGED VETERAN and women-owned business
 enterprise program. 1. (a) Minority, HONORABLY  DISCHARGED  VETERAN  and
 women-owned  business  enterprises  shall  be  given the opportunity for
 meaningful participation in all contracts executed  by  the  corporation
 pursuant  to the provisions of this act other than contracts the cost of
 which is borne solely by a municipality or  municipalities.  The  corpo-
 ration  shall  establish  measures  and  procedures to secure meaningful
 participation and identify those contracts and items of work  for  which
 minority,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises may best bid to actively and  affirmatively  promote  and  assist
 their  participation in the projects, so as to facilitate the award of a
 fair share of contracts to such  enterprises;  provided,  however,  that
 nothing  in  this  act  shall  be  construed to limit the ability of the
 corporation to assure  that  qualified  minority,  HONORABLY  DISCHARGED
 VETERAN  and  women-owned  business  enterprises  may participate in the
 program. For purposes hereof, minority business  enterprise  shall  mean
 any business enterprise which is at least fifty-one per centum owned by,
 or  in  the  case  of  a publicly owned business, at least fifty-one per
 centum of the stock of which is owned by citizens or permanent  resident
 aliens who are Black, Hispanic, Asian or American Indian, Pacific Islan-
 der  or Alaskan natives and such ownership interest is real, substantial
 and continuing and have the authority to independently control  the  day
 to day business decisions of the entity for at least one year; HONORABLY
 DISCHARGED VETERAN BUSINESS ENTERPRISE SHALL MEAN THE SAME AS DEFINED IN
 SUBDIVISION  24  OF  SECTION  310  OF THE EXECUTIVE LAW; and women-owned
 business enterprise shall mean any business enterprise which is at least
 fifty-one per centum owned by, or in the case of a publicly owned  busi-
 ness,  at  least  fifty-one per centum of the stock of which is owned by
 citizens or permanent resident aliens who are women, and such  ownership
 interest  is  real, substantial and continuing and have the authority to
 independently control the day to day business decisions  of  the  entity
 for at least one year.
   The  provisions  of this paragraph shall not be construed to limit the
 ability of any minority, HONORABLY  DISCHARGED  VETERAN  or  women-owned
 business enterprise to bid on any contract.
   (b)  In  the  implementation  of  this  section, the corporation shall
 consider compliance by any  contractor  with  the  requirements  of  any
 federal,  state,  or local law concerning minority, HONORABLY DISCHARGED

 A. 4490                            20

 VETERAN and women-owned business enterprises, which may  effectuate  the
 requirements  of  this  section.  If  the corporation determines that by
 virtue of the imposition of the requirements of any such law, in respect
 to  contracts,  the  provisions  thereof duplicate or conflict with this
 section, the corporation may waive the applicability of this section  to
 the extent of such duplication or conflict.
   (c)  Nothing  in  this section shall be deemed to require that overall
 state and federal requirements for participation of minority,  HONORABLY
 DISCHARGED  VETERAN  and  women-owned  business  enterprises in programs
 authorized under this act be applied without  regard  to  local  circum-
 stances to all projects or in all communities.
   2.  In  order  to  implement  the  requirements and objectives of this
 section, the corporation  shall  establish  procedures  to  monitor  the
 contractors'  compliance  with  provisions hereof, provide assistance in
 obtaining competing qualified minority, HONORABLY DISCHARGED VETERAN and
 women-owned business enterprises to perform  contracts  proposed  to  be
 awarded,  and  take  other appropriate measures to improve the access of
 minority, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
 prises to these contracts.
   §  27.  Section  16-b of section 1 of chapter 392 of the laws of 1973,
 constituting the New York state medical care facilities  finance  agency
 act,  as  added by chapter 58 of the laws of 1987, is amended to read as
 follows:
   § 16-b. Minority, HONORABLY DISCHARGED VETERAN and  women-owned  busi-
 ness  enterprise  program. 1. a. In the performance of projects pursuant
 to this act minority, HONORABLY DISCHARGED VETERAN and women-owned busi-
 ness enterprises shall be given the opportunity for  meaningful  partic-
 ipation.  The  agency  shall establish measures and procedures to secure
 meaningful participation and identify those contracts and items of  work
 for  which  minority, HONORABLY DISCHARGED VETERAN and women-owned busi-
 ness enterprises may best bid to actively and affirmatively promote  and
 assist  their  participation  in  the  projects, so as to facilitate the
 award of a fair share of contracts to such enterprises; provided, howev-
 er, that nothing in this act shall be construed to limit the ability  of
 the  agency  to  assure  that  qualified  minority, HONORABLY DISCHARGED
 VETERAN and women-owned business  enterprises  may  participate  in  the
 program.  For  purposes  hereof, minority business enterprise shall mean
 any business enterprise which is at least fifty-one per centum owned by,
 or in the case of a publicly owned  business,  at  least  fifty-one  per
 centum  of the stock of which is owned by citizens or permanent resident
 aliens who are Black, Hispanic, Asian or American Indian, Pacific Islan-
 der or Alaskan natives and such ownership interest is real,  substantial
 and  continuing  and have the authority to independently control the day
 to day business decisions of the entity for at least one year; HONORABLY
 DISCHARGED VETERAN BUSINESS ENTERPRISE SHALL MEAN THE SAME AS DEFINED IN
 SUBDIVISION 24 OF SECTION 310 OF  THE  EXECUTIVE  LAW;  and  women-owned
 business enterprise shall mean any business enterprise which is at least
 fifty-one  per centum owned by, or in the case of a publicly owned busi-
 ness, at least fifty-one per centum of the stock of which  is  owned  by
 citizens  or permanent resident aliens who are women, and such ownership
 interest is real, substantial and continuing and have the  authority  to
 independently  control  the  day to day business decisions of the entity
 for at least one year.
   The provisions of this paragraph shall not be construed to  limit  the
 ability  of  any  minority,  HONORABLY DISCHARGED VETERAN or women-owned
 business enterprise to bid on any contract.

 A. 4490                            21
 
   b. In the implementation of this section, the  agency  shall  consider
 compliance  by  any  contractor  with  the  requirements of any federal,
 state, or local law concerning minority,  HONORABLY  DISCHARGED  VETERAN
 and  women-owned business enterprises, which may effectuate the require-
 ments  of  this section. If the department or the office determines that
 by virtue of the imposition of the requirements  of  any  such  law,  in
 respect  to contracts, the provisions thereof duplicate or conflict with
 this act, the agency may waive the applicability of this section to  the
 extent of such duplication or conflict.
   c.  Nothing  in  this  section shall be deemed to require that overall
 state and federal requirements for participation of minority,  HONORABLY
 DISCHARGED  VETERAN  and  women-owned  business  enterprises in programs
 authorized under this act be applied without  regard  to  local  circum-
 stances to all projects or in all communities.
   2.  In  order  to  implement  the  requirements and objectives of this
 section, the agency shall establish procedures to monitor  the  contrac-
 tors' compliance with provisions hereof, provide assistance in obtaining
 competing  qualified  minority,  HONORABLY DISCHARGED VETERAN and women-
 owned business enterprises to perform contracts proposed to be  awarded,
 and  take  other appropriate measures to improve the access of minority,
 HONORABLY DISCHARGED VETERAN and  women-owned  business  enterprises  to
 these contracts.
   §  28. Paragraph (c) of subdivision 10 of section 16-a of section 1 of
 chapter 174 of the laws of 1968, constituting the New York  state  urban
 development  corporation  act,  as amended by chapter 477 of the laws of
 2002, is amended to read as follows:
   (c) of minority, HONORABLY DISCHARGED VETERAN  or  women-owned  enter-
 prises  or  enterprises  owned  by  dislocated  workers, such workers as
 defined in the Workforce Investment Act (P.L. 105-220); and
   § 29. Section 16-c of section 1 of chapter 174 of the  laws  of  1968,
 constituting  the  New  York state urban development corporation act, as
 added by chapter 169 of the laws of 1994, subdivision 1  as  amended  by
 section  1  of  part AA of chapter 55 of the laws of 2014, subparagraphs
 (i) and (ii) of paragraph (a) of subdivision 2  as  further  amended  by
 section  15  of part GG of chapter 63 of the laws of 2000, paragraph (i)
 of subdivision 2 and paragraph (d) of subdivision 3 as added by  chapter
 474 of the laws of 2017, and subparagraphs (i) and (ii) of paragraph (i)
 of  subdivision 2 and paragraph (e) of subdivision 3 as amended by chap-
 ter 378 of the laws of 2018, is amended to read as follows:
   § 16-c. [Minority-] MINORITY, HONORABLY DISCHARGED VETERAN and  women-
 owned business development and lending program.
   (1) [Minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
 business development and lending program.  (a) There is hereby created a
 [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
 ness development and lending program for the purpose of providing finan-
 cial  and technical assistance to minority, HONORABLY DISCHARGED VETERAN
 and women-entrepreneurs.
   (b) For the purposes of this section  the  following  words  or  terms
 shall mean as follows:
   (i)  "minority-owned business enterprise" or "minority-owned business"
 shall mean the same as "minority  business  enterprise"  as  defined  in
 subdivision  [three]  3 of section [two hundred ten] 210 of the economic
 development law.
   (ii) "women-owned business enterprise" or "women-owned business" shall
 mean the same as "women-owned business enterprise" as defined in  subdi-

 A. 4490                            22
 
 vision  [five] 5 of section [two hundred ten] 210 of the economic devel-
 opment law.
   (iii)  "HONORABLY  DISCHARGED  VETERAN BUSINESS ENTERPRISE" SHALL MEAN
 THE SAME AS DEFINED IN SUBDIVISION 24 OF SECTION 310  OF  THE  EXECUTIVE
 LAW.
   (IV) "incubator" shall mean a facility providing low-cost space, tech-
 nical  assistance  and  support services, including, but not limited to,
 central services shared by  tenants  of  the  facility,  to  [minority-]
 MINORITY,  HONORABLY  DISCHARGED VETERAN and women-owned business enter-
 prises.
   (c) Assistance shall not be provided under this section for:
   (i) the purchase or rehabilitation of real  property  for  speculative
 purposes;
   (ii) payment of any tax or employee benefit arrearage;
   (iii)    residential    construction,    renovation   or   development
 construction, except for assistance to  minority,  HONORABLY  DISCHARGED
 VETERAN and women contractors under subdivision four of this section;
   (iv)  educational institutions and proprietary education firms, except
 licensed child care facilities;
   (v) hospitals or residential health care facilities;
   (vi) overnight lodging facilities;
   (vii) refinancing of debt or  equity  invested  in  an  enterprise  or
 project.
   (d) The corporation is authorized to:
   (i)  establish  programs  in  conjunction  with locally, and community
 based entities to decentralize lending for  small  loans  and  loans  to
 start  up  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-
 owned businesses;
   (ii)  establish  a  comprehensive  program  for  minority,   HONORABLY
 DISCHARGED  VETERAN  and women contractors, which may include assistance
 through loans, bonding assistance and technical assistance;
   (iii) establish a program to provide loans to established  [minority-]
 MINORITY,  HONORABLY  DISCHARGED  VETERAN and women-owned businesses and
 for [minority-] MINORITY, HONORABLY DISCHARGED VETERAN  and  women-owned
 businesses,  including  loans  to  such businesses seeking to acquire or
 expand a franchise;
   (iv) provide loan guarantees to financial institutions and make linked
 deposits into federally  and  state  chartered  credit  unions  for  the
 purpose  of  encouraging private financial institutions to make loans to
 [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
 nesses;
   (v) establish a program to create incubators to assist small and  high
 risk  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
 businesses to grow and prosper;
   (vi) promote equity  investment  in  [minority-]  MINORITY,  HONORABLY
 DISCHARGED VETERAN and women-owned businesses;
   (vii)  establish a comprehensive technical assistance program in coop-
 eration with the department of economic development to  assist  [minori-
 ty-]  MINORITY,  HONORABLY DISCHARGED VETERAN and women-owned businesses
 and potential minority, HONORABLY DISCHARGED  VETERAN  and  women-entre-
 preneurs; and
   (viii) notwithstanding any provision of law to the contrary, establish
 a  [minority-]  MINORITY,  HONORABLY  DISCHARGED VETERAN and women-owned
 business investment fund to provide critical financial support to foster
 the  development  of  new   and   emerging   ideas   and   products   of
 [minority-]MINORITY,  HONORABLY DISCHARGED VETERAN and women-owned busi-

 A. 4490                            23

 ness enterprises as well as to promote the long-term financial  perform-
 ance and success of early stage enterprises that are [minority-] MINORI-
 TY,   HONORABLY   DISCHARGED  VETERAN  and  women-owned  start-ups.  The
 selection  of  an  eligible  applicant and beneficiary companies for the
 [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
 ness investment fund shall be selected by the process established pursu-
 ant to subdivisions [two] 2 through [four] 4 of section [sixteen-u] 16-U
 of this act.   [Minority-] MINORITY,  HONORABLY  DISCHARGED  VETERAN  or
 women-owned  business  enterprises  who  participate in such [minority-]
 MINORITY, HONORABLY DISCHARGED VETERAN and women-owned business  invest-
 ment  fund under this subdivision shall not be precluded from qualifying
 for any other assistance, grant or loan made available from the state.
   (2) Minority, HONORABLY DISCHARGED VETERAN and  women  revolving  loan
 trust fund. For the purpose of establishing programs in conjunction with
 locally  and  community based entities to decentralize lending for small
 loans and loans to start up [minority-] MINORITY,  HONORABLY  DISCHARGED
 VETERAN  and  women-owned  businesses,  the  corporation shall establish
 minority, HONORABLY DISCHARGED VETERAN and women  revolving  loan  trust
 fund accounts and related administrative expenses trust fund accounts.
   (a)  Each  minority,  HONORABLY DISCHARGED VETERAN and women revolving
 loan trust fund account shall be administered by  one  or  more  of  the
 following  types  of  entities  that provide services to community busi-
 nesses and have as one  of  their  primary  purposes  the  provision  of
 services  and  assistance  to [minority-] MINORITY, HONORABLY DISCHARGED
 VETERAN and women-owned businesses:
   (i) empire zone capital corporations established pursuant  to  section
 [nine hundred sixty-four] 964 of the general municipal law;
   (ii)  community-based  local  development  corporations  or industrial
 development agencies that serve a municipality in which an  empire  zone
 has been established pursuant to article [eighteen-B] 18-B of the gener-
 al municipal law and have as their primary purpose assistance to [minor-
 ity-]  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned businesses
 located or to be located in such empire zone; or
   (iii) local and community development corporations, industrial  devel-
 opment agencies, or other not-for-profit entities, representative of the
 community.
   (b)  To  be  eligible  to  administer a minority, HONORABLY DISCHARGED
 VETERAN and women revolving loan trust fund  account,  the  entity  must
 also:  (i)  have staff with sufficient expertise to analyze applications
 for financial assistance, to regularly monitor financial  assistance  to
 clients,  and  to provide management or technical assistance to clients;
 and (ii) have established a loan  committee  composed  of  six  or  more
 persons experienced in business management, commercial lending or in the
 operation  of  a for-profit business, at least one-half of whom shall be
 experienced in commercial lending, at least one-third of whom  shall  be
 minority  persons  and  at  least one-third of whom shall be women. Such
 loan committee shall review every application, determine the feasibility
 of the proposed project and the likelihood of repayment of the requested
 financing and shall recommend to the governing body of the  entity  such
 action  on  the application as the loan committee deems appropriate. The
 corporation shall identify entities  eligible  to  administer  minority,
 HONORABLY  DISCHARGED  VETERAN  and  women  revolving  loan  trust  fund
 accounts through a competitive statewide request for proposal process.
   (c) Any entity selected to administer a minority, HONORABLY DISCHARGED
 VETERAN and women revolving loan trust fund account shall be eligible to
 draw funds from the account as needed to provide the following types  of

 A. 4490                            24
 
 financial  assistance  to  [minority-]  MINORITY,  HONORABLY  DISCHARGED
 VETERAN and women-owned businesses upon certification to and  acceptance
 by  the  corporation  that such assistance complies with rules and regu-
 lations  promulgated  by  the  corporation:  (i)  working capital loans,
 provided that the amount of the loan does not exceed  thirty-five  thou-
 sand  dollars  and  the term of the loan does not exceed five years; and
 (ii) loans for the acquisition and/or improvement of real  property  and
 for  the acquisition of machinery and equipment provided that the amount
 of the loan does not exceed fifty thousand dollars and the term  of  the
 loan does not exceed the useful life of the equipment or property.
   (d)  (i)  Notwithstanding  any  provision  of law to the contrary, the
 corporation may establish an administrative expenses trust fund  account
 for the benefit of each entity selected to administer a minority, HONOR-
 ABLY DISCHARGED VETERAN and women revolving loan trust fund account. The
 initial  deposit  of  funds  to  an  administrative  expenses trust fund
 account shall be an amount determined by the corporation but  shall  not
 exceed twenty-five thousand dollars.
   (ii) An entity selected to administer a minority, HONORABLY DISCHARGED
 VETERAN and women revolving loan trust fund account may use the funds in
 the  administrative expenses trust fund account for costs incurred by it
 in the start up and administration of the financial  assistance  program
 authorized pursuant to this subdivision.
   (iii)  The corporation shall deposit into each administrative expenses
 trust fund account:
   (A) all income earned from the moneys on deposit in the  corresponding
 minority,  HONORABLY  DISCHARGED  VETERAN and women revolving loan trust
 fund account during the first year of  the  entity's  administration  of
 said account; and
   (B) beginning with its second year in administering a minority, HONOR-
 ABLY  DISCHARGED  VETERAN  and  women revolving loan trust fund account,
 said amounts may be used for costs incurred by the entity in administer-
 ing the minority, HONORABLY DISCHARGED VETERAN and women revolving  loan
 trust fund account; and
   (C) repayments of interest on loans made from the corresponding minor-
 ity,  HONORABLY  DISCHARGED  VETERAN and women revolving loan trust fund
 account.
   (iv) Funds from the administrative expenses trust fund account may  be
 used  for  costs  incurred at any time by an administering entity in its
 administration of a minority, HONORABLY  DISCHARGED  VETERAN  and  women
 revolving loan trust fund account pursuant to this section.
   (v)  Funds  deposited in an administrative expenses trust fund account
 shall be disbursed by the corporation to the entity that administers the
 corresponding minority, HONORABLY DISCHARGED VETERAN and women revolving
 loan trust fund account on a periodic basis and shall be expended by the
 entity in accordance with an annual budget  and  any  updates  of  same,
 approved by the corporation.
   (e) Any entity selected to administer a minority, HONORABLY DISCHARGED
 VETERAN  and  women  revolving  loan trust fund account shall pay to the
 corporation for deposit  any  repayments  received  in  connection  with
 financial  assistance  provided from its account. Payments consisting of
 the repayment of the principal amount of a loan shall  be  deposited  by
 the  corporation  into  the  minority,  HONORABLY DISCHARGED VETERAN and
 women revolving loan trust fund account from which the  loan  was  made.
 The  interest earned by the corporation from the investment of moneys in
 each minority, HONORABLY DISCHARGED VETERAN  and  women  revolving  loan
 trust  fund account during and after the second year of a selected enti-

 A. 4490                            25
 
 ty's administration of said account shall be  deposited  by  the  corpo-
 ration into the corresponding minority, HONORABLY DISCHARGED VETERAN and
 women  revolving  loan trust fund account and used to provide the finan-
 cial  assistance  to  [minority-] MINORITY, HONORABLY DISCHARGED VETERAN
 and women-owned businesses as authorized pursuant to this section.
   (f) The provisions of subdivisions [eight] 8, [nine] 9, and [fourteen]
 14 through [nineteen]  19  of  section  [sixteen-a]  16-A  of  this  act
 pertaining  to  the  regional  revolving  loan  trust fund shall also be
 applicable to the  minority,  HONORABLY  DISCHARGED  VETERAN  and  women
 revolving  loan  trust  fund,  provided  that:  where the term "regional
 corporation" appears therein it shall be interpreted to mean  an  entity
 selected  to  administer  a  minority,  HONORABLY DISCHARGED VETERAN and
 women revolving loan trust fund account, and "regional revolving [loans]
 LOAN trust fund" shall mean a minority, HONORABLY DISCHARGED VETERAN and
 women revolving loan trust fund,  and  where  the  term  "this  section"
 appears therein it shall mean this section [sixteen-c] 16-C.
   (g)  The  corporation  may provide funds from an appropriation for the
 [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
 ness development and lending program to any entity selected to  adminis-
 ter  a  minority,  HONORABLY DISCHARGED VETERAN and women revolving loan
 trust fund for the purposes of recapitalizing such account and the enti-
 ty's corresponding administrative expenses trust fund account  following
 an  evaluation by the corporation of the entity's administration and use
 of such accounts.
   (h) Notwithstanding any provision of law to the contrary,  the  corpo-
 ration  shall  establish  a  minority,  HONORABLY DISCHARGED VETERAN and
 women revolving loan trust fund to pay into such fund  any  moneys  made
 available  to  the  corporation for such fund from any source, including
 moneys appropriated by the state and any income earned by, or  increment
 to,  the  account  due  to  the  investment thereof, or any repayment of
 moneys advanced from the fund.  The corporation shall not commingle  the
 moneys  of  such  fund with any moneys held in trust by the corporation,
 except for investment purposes.
   (i) Notwithstanding any other provisions of  this  subdivision,  where
 applicable,  the  corporation  is authorized to enter into agreements as
 may be necessary for the administration and reporting of  funds  repaid,
 received,  expended  or  collected  in  a  manner  consistent  with  the
 provisions in section [sixteen-t] 16-T of this  act.  The  use  of  such
 funds  by the corporation shall be consistent with the terms, conditions
 and restrictions set forth under this subdivision, to provide  financial
 assistance  to  eligible businesses as defined in subdivisions [three] 3
 and [five] 5 of section [two hundred ten] 210 of the  economic  develop-
 ment  law.    Outstanding expenses, loans and other obligations executed
 prior to the effective date of this paragraph shall be  subject  to  the
 terms and conditions of the original contract or contracts.
   (i)  The  lending  organization shall submit to the corporation annual
 reports stating: the number of program loans made; the amount of program
 funding used for loans; the use of loan proceeds by  the  borrower;  the
 number  of  jobs  created  or  retained;  the status of each outstanding
 program loan, including fund balance; and such other information as  the
 corporation may require.
   (ii)  Beginning  April  1,  2019, the corporation shall publish on its
 website the information contained in the annual reports  required  under
 subparagraph  (i)  of this paragraph in aggregate form omitting borrower
 identifiable information.

 A. 4490                            26
 
   (3) Micro-loan program. (a)  For  the  purposes  of  this  subdivision
 "micro-loan"  shall  mean  a  loan  of under seven thousand five hundred
 dollars.
   (b)  The  corporation shall, pursuant to requests for proposals, enter
 into agreements for other types  of  locally,  community  or  regionally
 administered  loan  programs  than those set forth in subdivision two of
 this section, including micro-loan programs to be administered by  local
 development  corporations,  local  industrial development organizations,
 municipalities and not-for-profit organizations, to provide  micro-loans
 to small and high risk [minority-] MINORITY, HONORABLY DISCHARGED VETER-
 AN  and  women-owned  businesses located within their respective service
 areas, provided that loan review  committees  are  established  by  such
 administering  entity, including women, HONORABLY DISCHARGED VETERAN and
 minority persons experienced in business management,  business  develop-
 ment,  commercial  lending,  entrepreneurship,  or in the operation of a
 for-profit business.
   (c) Agreements entered into pursuant to paragraph (b) of this subdivi-
 sion shall be governed by paragraphs  (d)  through  (h)  of  subdivision
 [two]  2 of this section, and minority, HONORABLY DISCHARGED VETERAN and
 women revolving loan trust fund  accounts  and  administrative  expenses
 trust  fund accounts shall be established in a similar fashion for enti-
 ties selected to administer micro-loan funds pursuant to  this  subdivi-
 sion.
   (d)  Notwithstanding  any  other provisions of this subdivision, where
 applicable, the corporation is authorized to enter  into  agreements  as
 may  be  necessary for the administration and reporting of funds repaid,
 received,  expended  or  collected  in  a  manner  consistent  with  the
 provisions  in  section  [sixteen-t]  16-T  of this act. The use of such
 funds by the corporation shall be consistent with the terms,  conditions
 and  restrictions set forth under this subdivision, to provide financial
 assistance to eligible businesses as defined in subdivisions  [three]  3
 and  [five]  5 of section [two hundred ten] 210 of the economic develop-
 ment law.  Outstanding expenses, loans and  other  obligations  executed
 prior  to  the  effective date of this paragraph shall be subject to the
 terms and conditions of the original contract or contracts.
   (e)(i) The lending organization shall submit to the corporation annual
 reports stating: the number of program loans made; the amount of program
 funding used for loans; the use of loan proceeds by  the  borrower;  the
 number  of  jobs  created  or  retained;  the status of each outstanding
 program loan, including fund balance; and such other information as  the
 corporation may require.
   (ii)  Beginning  April  1,  2019, the corporation shall publish on its
 website the information contained in the annual reports  required  under
 subparagraph  (i)  of this paragraph in aggregate form omitting borrower
 identifiable information.
   (4) Minority,  HONORABLY  DISCHARGED  VETERAN  and  women  contracting
 program.  For  the  purpose  of  establishing a comprehensive program to
 assist minority, HONORABLY DISCHARGED VETERAN and women contractors, the
 corporation may provide loans, loan guarantees, technical assistance and
 bonding assistance, the corporation may enter  into  cooperative  agree-
 ments  with  cities,  counties,  municipalities,  authorities, agencies,
 federally and state chartered credit unions in New York state and feder-
 ally insured banking organizations and financial institutions  for  such
 purposes.
   (a)  To  be  eligible  for  a  contractor loan, the borrower must have
 either (i) a construction contract with, or a contract to provide  goods

 A. 4490                            27
 
 or  services  to, a governmental entity or authority, (ii) a subcontract
 on a government-sponsored construction contract,  (iii)  a  contract  or
 subcontract on a [government sponsored] GOVERNMENT-SPONSORED residential
 project,  or  (iv)  a  contract or subcontract on a construction project
 previously approved by the corporation pursuant to section [ten]  10  of
 this act.
   (b)  The  corporation  shall provide technical assistance specifically
 oriented to  minority,  HONORABLY  DISCHARGED  VETERAN  and  women-owned
 government contractors as part of its comprehensive technical assistance
 program.
   (c)  The  corporation  is authorized to provide assistance through the
 creation of, or assistance to, a minority, HONORABLY DISCHARGED  VETERAN
 and  women  bonding  guarantee  program  to  enable  minority, HONORABLY
 DISCHARGED VETERAN and women  contractors  and  subcontractors  to  meet
 payment or performance bonding requirements.
   (i)  Through  such  program, assistance in the form of working capital
 loans and loan guarantees  pursuant  to  subdivision  [six]  6  of  this
 section  may  also be provided to minority, HONORABLY DISCHARGED VETERAN
 and women contractors and subcontractors who have secured  contracts  by
 participating in the program.
   (ii)  The  corporation shall either establish criteria for the bonding
 guarantee program and for any required escrow funds which shall  include
 detailed  provisions for eligibility; or if the corporation is providing
 assistance to a program other than one established by  the  corporation,
 review and approve the criteria established for such other program.
   (5)  Direct  financial  assistance for [minority-] MINORITY, HONORABLY
 DISCHARGED VETERAN and women-owned businesses. For the purpose of estab-
 lishing a program to provide direct financial assistance to  [minority-]
 MINORITY,  HONORABLY  DISCHARGED VETERAN and women-owned businesses, the
 corporation is authorized to provide assistance in the form of:
   (a) Business development loans and loan guarantees pursuant to  subdi-
 vision  [six] 6 of this section to eligible enterprises for the acquisi-
 tion or improvement of real property, machinery,  equipment  or  working
 capital,  provided  that to be eligible for a business development loan,
 the borrowers must have been in business for at least  three  years  and
 provided  that  the  loans must be in an amount equal to or in excess of
 fifty thousand dollars;
   (b) Franchise loans to eligible  enterprises  seeking  to  acquire  or
 expand  franchises  of nationally recognized corporations, provided that
 disbursements by the corporation of such loans shall be  conditioned  on
 obtaining such franchises;
   (c)  Equity  assistance  for  eligible  minority, HONORABLY DISCHARGED
 VETERAN and women-owned enterprises to  match  equity  contributions  to
 such  enterprises  by  financial  institutions and community development
 equity capital funds, provided, however, that such assistance  shall  be
 targeted  to  start-up and early stage enterprises in the manufacturing,
 retail and service sectors located in economically distressed areas.
   (6) Deposits and loan  guarantees.  For  the  purpose  of  encouraging
 private  financial  institutions  to  make loans to eligible enterprises
 pursuant to this section for any of the eligible  projects  pursuant  to
 subdivisions  [four]  4 and [five] 5 of this section, the corporation is
 authorized to:
   (a) Make linked deposits of funds into federally and  state  chartered
 credit  unions  in  New York state, in order to encourage such organiza-
 tions to make small loans to minority, HONORABLY DISCHARGED VETERAN  and
 women-owned businesses; and

 A. 4490                            28
 
   (b)  Provide  loan  guarantees  to  private financial institutions for
 loans made to eligible [minority-] MINORITY, HONORABLY DISCHARGED VETER-
 AN and women-owned businesses pursuant to this subdivision for  eligible
 projects,  provided  that  the guarantee shall be at least fifty percent
 backed  by  funds  of  the  corporation. Any such loan guaranteed by the
 corporation shall be made to borrowers that are approved by  the  corpo-
 ration and substantially meet the underwriting criteria the credit union
 or  financial  institution  customarily applies to similar borrowers for
 similar loans supported by similar guarantees, and  no  guaranteed  loan
 funds  shall  be  disbursed until the corporation has received, reviewed
 and concurred, in writing, with the recommendation of the  credit  union
 or banking or financial institution to make a loan.
   (7)  Minority,  HONORABLY  DISCHARGED VETERAN and women small business
 incubator program.
   (a) The corporation shall establish a minority and women  small  busi-
 ness  incubator  program  for the purpose of providing financial support
 for the creation of incubators to nurture minority, HONORABLY DISCHARGED
 VETERAN and women-owned business enterprises with growth potential.
   (b) Under this subdivision the corporation is  authorized  to  provide
 low-interest  loans  and grants for construction financing and permanent
 financing of up to seventy-five percent of project costs up to a maximum
 of six hundred fifty thousand dollars per  project,  provided  that  the
 total  amount  of  grant  assistance provided pursuant to this paragraph
 shall not exceed twenty percent of an  appropriation  provided  for  the
 purposes of this section.
   (c)  Incubator projects eligible for such assistance shall involve the
 renovation or reconstruction of existing facilities or  the  acquisition
 of  equipment,  except  that construction shall be allowable in cases in
 which an applicant can demonstrate to the  satisfaction  of  the  corpo-
 ration that an existing facility is unavailable in the area to be served
 by the new incubator facility.
   (d)  Incubator  projects  are  not  eligible  to receive loans for the
 purpose of covering  operating  costs  or  supplying  incubator  support
 services, except that incubators in their first eighteen months of oper-
 ation  may receive one-time grants not to exceed forty thousand dollars,
 which costs may include administrative costs  of  employing  a  resident
 administrator/advisor  to  the  incubator, provided that the corporation
 shall not expend a sum greater than two hundred fifty  thousand  dollars
 in  any  one state fiscal year, or so much as may be specifically appro-
 priated for this purpose.
   (e) Eligible incubator projects shall be required  to  demonstrate  to
 the corporation's satisfaction:
   (i)  public  or private support and involvement sufficient to complete
 the renovation of existing facilities or the construction of new facili-
 ties and the acquisition of equipment;
   (ii) significant community support for the project;
   (iii) the existence of prospective tenants for such incubator space;
   (iv) demand for such incubator space, which may  include  evidence  of
 the  unavailability  of suitable space for prospective tenants at appro-
 priate rental or lease costs in the community in which such  prospective
 tenants are located; and
   (v) the inability of the project to occur without financial assistance
 from the corporation.
   (f) The corporation shall establish criteria for eligibility for fund-
 ing for incubator projects, including but not limited to the following:

 A. 4490                            29
 
   (i) the project must be designed to provide low-cost space and support
 services  to  incubator  tenants,  coordination  with  other  sources of
 assistance and flexible leasing arrangements for tenants;
   (ii)  the  project sponsors must provide a management plan and a busi-
 ness plan for operating the incubator satisfactory to  the  corporation;
 and
   (iii)  the project gives preference for incubator space and assistance
 to [minority-] MINORITY, HONORABLY DISCHARGED  VETERAN  and  women-owned
 businesses  which  currently  receive, or have received, assistance from
 the corporation pursuant to  this  section  and  to  incubator  projects
 proposed to be located in economically distressed areas.
   (8) [Minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
 business  technical assistance program. (a) The corporation shall estab-
 lish a comprehensive technical assistance program within  the  minority,
 HONORABLY  DISCHARGED  VETERAN and women business development office, in
 cooperation with the department of economic  development's  division  of
 [minority-]  MINORITY,  HONORABLY  DISCHARGED VETERAN and women-business
 development established pursuant to article [four-A] 4-A of the economic
 development law, to provide technical assistance to [minority-]  MINORI-
 TY,  HONORABLY  DISCHARGED  VETERAN and women-owned business enterprises
 and to prospective [minority-] MINORITY,  HONORABLY  DISCHARGED  VETERAN
 and  women-business entrepreneurs through third party service providers,
 which assistance shall include, but not be limited to:
   (i) technical assistance in  development  and  execution  of  business
 plans,  including  the  formation  of, acquisition of, management of, or
 diversification of a [minority-] MINORITY, HONORABLY DISCHARGED  VETERAN
 or women-owned business enterprise;
   (ii)  technical  assistance with applications for obtaining funds from
 public and private financing sources;
   (iii) technical assistance in the development  of  a  working  capital
 budget;
   (iv)  referrals to other providers of technical assistance to [minori-
 ty-] MINORITY, HONORABLY DISCHARGED VETERAN and  women-owned  businesses
 and  minority,  HONORABLY  DISCHARGED  VETERAN  and women entrepreneurs,
 where appropriate,  including  the  entrepreneurial  assistance  program
 established  pursuant  to  article  [nine] 9 of the economic development
 law; and
   (v) technical assistance through education programs directed primarily
 at women, HONORABLY DISCHARGED VETERAN and minority entrepreneurs.
   (b) Technical assistance may  be  provided  through  direct  corporate
 support,  through  grants  to  or  contracts  with  service providers or
 governmental entities, and [minority-]  MINORITY,  HONORABLY  DISCHARGED
 VETERAN and women-owned business enterprises and individuals.
   (9)  Priorities.  The  corporation shall give priority to applications
 for assistance pursuant to this section in which  the  business  seeking
 such  assistance indicates a commitment to first consider persons eligi-
 ble to participate in federal job training partnership act (P.L. 97-300)
 programs.
   (10) Non-application of certain provisions. The provisions of  section
 ten  and  subdivision two of section sixteen of this act shall not apply
 to assistance or projects authorized pursuant to this section.
   (11) Rules and regulations. The corporation  shall,  assisted  by  the
 commissioner  of  economic  development  and  in  consultation  with the
 department of economic development, promulgate rules and regulations  in
 accordance  with  the state administrative procedure act. Such rules and
 regulations shall be consistent with the program plan required by subdi-

 A. 4490                            30
 
 vision [nineteen] 19 of section [one hundred] 100 of the economic devel-
 opment law. No funds shall be disbursed under this  program  until  such
 rules  and  regulations  have  been  reviewed and approved by the corpo-
 ration.  All  assistance and projects funded under this program shall be
 funded in accordance with the rules and regulations  in  effect  on  the
 date  the completed application for such assistance shall be received by
 the corporation.
   (12) Minority, HONORABLY DISCHARGED VETERAN and women business  devel-
 opment and lending account.  Notwithstanding any provision of law to the
 contrary,  the  corporation  shall  establish within the treasury of the
 corporation a minority, HONORABLY DISCHARGED VETERAN and women  business
 development  and  lending  account,  and shall pay into such account any
 moneys which may be made available to the corporation for  this  purpose
 from  any  source  including, but not limited to, moneys appropriated by
 the state and any repayment of principal and interest on loans  made  by
 the   corporation   pursuant  to  the  [minority-]  MINORITY,  HONORABLY
 DISCHARGED VETERAN and  women-owned  business  development  and  lending
 program.  Funds  in the minority, HONORABLY DISCHARGED VETERAN and women
 business development and  lending  account,  including  funds  from  the
 repayment  of  principal  and interest on loans made by the corporation,
 may be used for any form of assistance authorized hereunder. The amounts
 deposited in the minority, HONORABLY DISCHARGED VETERAN and women  busi-
 ness  development  and  lending account may not be interchanged with any
 other account, but may be commingled with any other account for  invest-
 ment  purposes.  All  loans disbursed by the corporation shall be repaid
 into the account. The corporation shall enter into a  written  agreement
 with  the director of the budget for repayment, to the state comptroller
 to the credit of the capital projects fund, of all moneys in the account
 after a period of time to be  determined  by  the  corporation  and  the
 director of the budget.  The corporation shall transfer to the minority,
 HONORABLY  DISCHARGED VETERAN and women business development and lending
 account: all moneys appropriated or reappropriated by New York state for
 the minority, HONORABLY DISCHARGED  VETERAN  and  women  revolving  loan
 trust  fund  that have not been committed prior to the effective date of
 the appropriation for the program in the current fiscal year, or  become
 uncommitted  subsequent to the effective date of the program's appropri-
 ation for the current fiscal year; and all repayments of  principal  and
 interest on loans made by the corporation which are currently on deposit
 in,  or payable to, the minority, HONORABLY DISCHARGED VETERAN and women
 business development and lending account.
   (13) Standardization. The corporation shall streamline the review  and
 approval  process  for  projects  and  wherever possible standardize all
 relevant attendant documentation and legal documents.
   (14) Approval cycle. The corporation shall approve eligible  loans  or
 grants  on at least a four-month cycle and shall give priority consider-
 ation to the comparative degree of economic distress within the areas in
 which the project is located. Other factors  to  be  considered  by  the
 corporation  shall  include  the impact of the project on the employment
 and economic condition of the community and the financial feasibility of
 the project.
   (15) Repayment. Notwithstanding the provisions  of  section  [forty-a]
 40-A  of  the state finance law and any other general or special law, no
 written agreement under this program shall require repayment at any time
 or on any terms inconsistent with the provisions of this act or the  New
 York  state project finance agency act; except, however, that the corpo-

 A. 4490                            31
 
 ration may make grants to projects using  funds  appropriated  for  this
 purpose and that the repayment provision may not apply to such grants.
   (16)  Reports.  The  chairman  of  the corporation shall submit to the
 director of the budget, the speaker of the assembly  and  the  temporary
 president  of  the  senate  an  evaluation  of  the effectiveness of the
 program prepared by an entity independent of the corporation. The corpo-
 ration shall select the program evaluator through a request for proposal
 process. Such evaluation shall determine whether the assistance provided
 has enhanced the economic condition of assisted  companies  or  communi-
 ties,  and  shall  make recommendation for improvements which would make
 the program more  effective.  Such  evaluation  shall  be  submitted  by
 September  first, nineteen hundred ninety-five and September first every
 two years thereafter.
   § 30. Subparagraphs (viii) and (x) of paragraph (e) of  subdivision  7
 of section 16-d of section 1 of chapter 174 of the laws of 1968, consti-
 tuting the New York state urban development corporation act, as added by
 chapter 169 of the laws of 1994, are amended to read as follows:
   (viii) export, marketing, procurement and subcontracting assistance to
 small and medium-sized industrial firms, including [minority-] MINORITY,
 HONORABLY DISCHARGED VETERAN and women-owned businesses, and to flexible
 manufacturing networks, and programs to assist regional and multi-county
 business marketing and procurement programs;
   (x)  business  planning,  management  assistance  and  counseling, and
 financial packaging assistance  to  small  and  medium-sized  industrial
 firms,  including [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and
 women-owned businesses, flexible manufacturing networks, and new  enter-
 prises  and  small  businesses, including the establishment of neighbor-
 hood-based business service centers designed  to  deliver  comprehensive
 technical assistance to new and small businesses in specific communities
 and neighborhoods;
   § 31. Clause (B) of subparagraph (i) of paragraph (h) of subdivision 8
 of section 16-d of section 1 of chapter 174 of the laws of 1968, consti-
 tuting the New York state urban development corporation act, as added by
 chapter  169 of the laws of 1994 and as further amended by section 15 of
 part GG of chapter 63 of the  laws  of  2000,  is  amended  to  read  as
 follows:
   (B)  community based local development corporations, industrial devel-
 opment agencies, or other not-for-profit entities which serve a  munici-
 pality in which an empire zone has been established and which, as one of
 their  primary  purposes,  provide  services  and assistance to business
 enterprises located or to be located  in  such  empire  zone,  including
 [minority-] MINORITY, HONORABLY DISCHARGED VETERAN and women-owned busi-
 nesses;
   §  32. Subparagraph (vi) of paragraph (c) of subdivision 10 of section
 16-e of section 1 of chapter 174 of the laws of 1968,  constituting  the
 New  York  state  urban development corporation act, as added by chapter
 169 of the laws of 1994, is amended to read as follows:
   (vi) management and procurement assistance to small business,  includ-
 ing  [minority-]  MINORITY, HONORABLY DISCHARGED VETERAN and women-owned
 businesses;
   § 33. Paragraph (d) of subdivision 18 of section 16-e of section 1  of
 chapter  174  of the laws of 1968, constituting the New York state urban
 development corporation act, as added by chapter  169  of  the  laws  of
 1994, is amended to read as follows:
   (d)  The  participation  of [minority-] MINORITY, HONORABLY DISCHARGED
 VETERAN and women-owned businesses;

 A. 4490                            32
 
   § 34. The opening paragraph, paragraph (a) and the  opening  paragraph
 and  subparagraph (iv) of paragraph (b) of subdivision 1 of section 16-f
 of section 1 of chapter 174 of the laws of 1968,  constituting  the  New
 York state urban development corporation act, as added by chapter 169 of
 the laws of 1994, are amended to read as follows:
   There  is  hereby created a state bonding guarantee assistance program
 to enable small businesses, [and] minority-owned,  HONORABLY  DISCHARGED
 VETERAN-OWNED  and  women-owned  business  enterprises,  certified  as a
 minority-owned, HONORABLY DISCHARGED VETERAN-OWNED or women-owned  busi-
 ness  enterprise  pursuant  to article [fifteen-A] 15-A of the executive
 law, to meet payment and/or performance bonding requirements by  provid-
 ing  additional  financial  backing needed to induce a surety company to
 issue a bond for construction projects, including but  not  limited  to,
 government  sponsored, transportation related construction projects. For
 purposes of this section, the term small business shall  have  the  same
 meaning  as  defined  in  section  [one  hundred  thirty-one] 131 of the
 economic development law. Such program shall give preference to  minori-
 ty-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED and women-owned business
 enterprises and shall:
   (a) Make available funds to surety companies providing bonds to  small
 businesses  [and  minority- owned], MINORITY-OWNED, HONORABLY DISCHARGED
 VETERAN-OWNED or women-owned business enterprises in an amount equal  to
 a  percentage  not  to  exceed  fifty percent of the face value of bonds
 issued by the surety.
   Provide technical assistance in completing  bonding  applications  for
 small  businesses  [and],  minority-owned, HONORABLY DISCHARGED VETERAN-
 OWNED or women-owned business enterprises seeking to become eligible for
 bonding in preparation for bidding on construction  projects,  including
 transportation  related  projects. The corporation shall provide and may
 refer such businesses to the  department  of  economic  development  for
 technical  assistance  as  such  businesses  may need, including but not
 limited to:
   (iv) assistance from the regional offices of the department of econom-
 ic development, pursuant to article [eleven] 11 of the economic develop-
 ment law, and the entrepreneurial assistance program, pursuant to  arti-
 cle  [nine]  9  of  such law, and any other such program receiving state
 funds from this act or the department of  economic  development  or  any
 other  state  agency that is intended to provide technical assistance to
 small businesses [and], minority-owned,  HONORABLY  DISCHARGED  VETERAN-
 OWNED and women-owned small business enterprises.
   §  35.  Subparagraph  (i) of paragraph (c) of subdivision 2 of section
 16-k of section 1 of chapter 174 of the laws of 1968,  constituting  the
 New  York state urban development corporation act, as amended by chapter
 103 of the laws of 2011, is amended to read as follows:
   (i) provide a plan to the corporation or its agent for  the  marketing
 of  the  capital  access program to small businesses, including those in
 highly  distressed  areas  and  to   [minority-]   MINORITY,   HONORABLY
 DISCHARGED  VETERAN and women-owned businesses, with appropriate lending
 objectives identified by the financial institution for  such  areas  and
 businesses;
   §  36.  Paragraph (g) of subdivision 1 of section 16-m of section 1 of
 chapter 174 of the laws of 1968, constituting the New York  state  urban
 development  corporation act, as added by section 1 of part N of chapter
 84 of the laws of 2002, is amended to read as follows:
   (g) Assistance  to  local  or  regional  organizations  to  facilitate
 financing  for  small-  and medium-sized business, including [minority-]

 A. 4490                            33
 
 MINORITY, HONORABLY DISCHARGED VETERAN and women-owned  business  enter-
 prises  through  flexible financing programs, including, but not limited
 to, loan loss reserve  and  revolving  loan  programs,  working  capital
 loans,  working  capital  loan  guarantees,  or other flexible financing
 programs that leverage traditional financing;
   § 37. Paragraph 1 of subdivision (c) of section 30  of  section  1  of
 chapter  174  of the laws of 1968, constituting the New York state urban
 development corporation act, as amended by chapter 732 of  the  laws  of
 1990, is amended to read as follows:
   (1) In addition to any other requirements imposed by the act or other-
 wise  regarding evaluations of programs administered by the corporation,
 each evaluation shall include an analysis of the job creation effect  of
 such  program,  the number of small businesses that received assistance,
 the number of minority, HONORABLY  DISCHARGED  VETERAN  and  women-owned
 firms  that  received  assistance,  the number of projects undertaken in
 distressed and highly distressed communities, and,  if  applicable,  the
 repayment experience of borrowers of funds from the corporation.
   §  38.  Paragraph 2 of subdivision (e) of section 30-a of section 1 of
 chapter 174 of the laws of 1968, constituting the New York  state  urban
 development corporation act, as added by section 2 of part M1 of chapter
 62 of the laws of 2003, is amended to read as follows:
   (2)  require  projects to be financed out of the empire state economic
 development fund be approved generally in amounts which are proportional
 to amounts appropriated for the urban and community development program,
 and the minority, HONORABLY DISCHARGED VETERAN and women-owned  business
 development and lending program;
   § 39. The section heading, the opening paragraph of subdivision 1, the
 opening  paragraph  of subdivision 2, paragraph (a) of subdivision 3 and
 subdivisions 4 and 5 of section 38 of section 1 of chapter  174  of  the
 laws  of  1968, constituting the New York state urban development corpo-
 ration act, as amended by chapter 169 of the laws of 1994,  are  amended
 to read as follows:
   Small  business  [and],  minority-owned, HONORABLY DISCHARGED VETERAN-
 OWNED  and  women-owned  business  enterprises  transportation   capital
 assistance and guaranteed loan program.
   To  provide  financial  assistance  to small business [and], minority-
 owned,  HONORABLY  DISCHARGED  VETERAN-OWNED  and  women-owned  business
 enterprises  engaged  in  government  sponsored,  transportation related
 construction projects, the corporation shall establish a small  business
 [and],  minority-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED and women-
 owned business enterprise transportation  capital  assistance  revolving
 loan fund which shall provide loans or loan guarantees to small business
 [and],  minority-owned,  HONORABLY  DISCHARGED  VETERAN-OWNED and women-
 owned business enterprises.  For purposes of this section:
   Such loans, or loan guarantees for loans made by federally  and  state
 chartered  credit  institutions,  financial  institutions, and federally
 insured banking organizations to small business  [and],  minority-owned,
 HONORABLY DISCHARGED VETERAN-OWNED and women-owned business enterprises,
 shall be used to:
   (a)  To  be eligible for such loans or loan guarantees (i) a minority-
 owned, HONORABLY DISCHARGED VETERAN-OWNED or women-owned business enter-
 prise must be certified as a minority-owned, HONORABLY DISCHARGED VETER-
 AN-OWNED or women-owned business enterprise pursuant to article 15-A  of
 the executive law; and (ii) a small business or a minority-owned, HONOR-
 ABLY  DISCHARGED  VETERAN-OWNED or women-owned business enterprise shall

 A. 4490                            34
 
 have a contract or sub-contract to provide goods or services related  to
 a government sponsored, transportation related construction project.
   4.  The corporation shall give preference to minority-owned, HONORABLY
 DISCHARGED VETERAN-OWNED and women-owned business enterprises in  making
 such  loans  and loan guarantees and shall establish such other criteria
 as it may deem necessary for this program and for  any  required  amount
 that  shall  be  held  in  reserve  for  any  guarantees made under this
 program.
   5. Notwithstanding any inconsistent provision of law, general, special
 or local, including pursuant to capital projects  budget  appropriations
 or reappropriations, where applicable, the corporation is hereby author-
 ized to enter into such agreements as may be necessary for the operation
 and  administration of a small business [and], minority-owned, HONORABLY
 DISCHARGED VETERAN-OWNED and women-owned business enterprises  transpor-
 tation capital assistance and guaranteed loan program.
   §  40. This act shall take effect immediately; provided, however, that
 the amendments to article 15-A of the executive law made by sections two
 through six of this act shall not affect the expiration of such  article
 and  shall  be  deemed  to  expire therewith; provided, further that the
 amendments to section 136-b of the state finance  law  made  by  section
 seven  of  this  act shall not affect the expiration of such section and
 shall be deemed to expire therewith;  and  provided,  further  that  the
 amendments  to paragraph (g) of subdivision 1 of section 16-m of section
 1 of chapter 174 of the laws of 1968, constituting the  New  York  state
 urban  development  corporation  act, made by section thirty-six of this
 act shall not affect the expiration of such section and shall be  deemed
 to expire therewith.