S T A T E O F N E W Y O R K
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9346
I N A S S E M B L Y
March 6, 2024
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Introduced by M. of A. PRETLOW -- read once and referred to the Commit-
tee on Corporations, Authorities and Commissions
AN ACT to amend the public authorities law, in relation to allowing the
power authority to create the New York State small business develop-
ment program; and providing for the repeal of such provisions upon
expiration thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. The public authorities law is amended by adding a new
section 1009-b to read as follows:
§ 1009-B. POWER AUTHORITY OF THE STATE OF NEW YORK SMALL BUSINESS
DEVELOPMENT PROGRAM. 1. FOR THE PURPOSES OF THIS SECTION, THE FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
(A) "AUTHORITY" MEANS THE POWER AUTHORITY OF THE STATE OF NEW YORK AND
THE CANAL CORPORATION.
(B) "CHAIRPERSON" MEANS THE CHAIRPERSON OF THE AUTHORITY.
(C) "SMALL BUSINESS" MEANS A BUSINESS IN THE CONSTRUCTION TRADES
WHICH:
(I) IS INDEPENDENTLY OWNED AND OPERATED;
(II) HAS ANNUAL REVENUES NOT EXCEEDING A FISCAL LIMITATION OF TEN
MILLION DOLLARS OR SUCH LESSER AMOUNT AS ESTABLISHED BY THE AUTHORITY
PURSUANT TO THIS SECTION; AND
(III) MEETS ADDITIONAL CRITERIA AS OTHERWISE ESTABLISHED BY THE CHAIR-
PERSON AND THE HEAD OF SUPPLIER DIVERSITY. THE AUTHORITY SHALL ESTABLISH
BOTH GENERAL AND SPECIFIC DEFINITIONS FOR DIFFERENT INDUSTRIES TO THE
EXTENT NECESSARY TO REFLECT DIFFERING CHARACTERISTICS OF SUCH SEGMENTS
BASED ON THE CRITERIA USED BY THE UNITED STATES SMALL BUSINESS ADMINIS-
TRATION FOR LOANS TO SMALL BUSINESSES AS SET FORTH IN SECTIONS 121.301
THROUGH 121.305, OR FOR AWARDING GOVERNMENT PROCUREMENTS AS SET FORTH IN
SECTIONS 121.401 THROUGH 121.413, OF SUBPART A OF PART 121 OF CHAPTER I
OF TITLE 13 OF THE CODE OF FEDERAL REGULATIONS, AS AMENDED, AND SUCH
OTHER CRITERIA AS DETERMINED BY THE AUTHORITY.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13941-02-4
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(D) "SMALL BUSINESS DEVELOPMENT PROGRAM" IS THE PROGRAM ESTABLISHED BY
THE AUTHORITY PURSUANT TO THIS SECTION TO PROVIDE SMALL BUSINESSES
ACCEPTED INTO THE PROGRAM WITH THE OPPORTUNITY:
(I) FOR UP TO FIVE YEARS, TO COMPETE FOR AND, WHERE AWARDED, TO
PERFORM CERTAIN AUTHORITY CONTRACTS TO BE DESIGNATED BY THE AUTHORITY
FOR INCLUSION IN THE PROGRAM UNDER THIS SUBPARAGRAPH; AND
(II) TO BE A PARTICIPANT IN A SMALL BUSINESS DEVELOPMENT PROGRAM AND
IF SUCH PARTICIPANT SUCCESSFULLY COMPLETED CONTRACTS UNDER SUBPARAGRAPH
(I) OF THIS PARAGRAPH, FOR UP TO FIVE ADDITIONAL YEARS, SUCH SMALL BUSI-
NESS SHALL HAVE ACCESS TO THE FOLLOWING:
(1) ADDITIONAL OPPORTUNITIES TO COMPETE WITH OTHER DESIGNATED SMALL
BUSINESSES IN THE PROGRAM FOR CERTAIN CONTRACTS TO BE DESIGNATED FOR
INCLUSION UNDER THIS SUBPARAGRAPH AND, WHERE AWARDED, TO PERFORM SUCH
AUTHORITY CONTRACTS, AND
(2) AUTHORITY-PROVIDED ASSISTANCE, AS DETERMINED BY THE AUTHORITY, FOR
A SMALL BUSINESS TO OBTAIN BONDING FOR CONTRACTS THAT ARE COMPETITIVELY
AWARDED PURSUANT TO ANY OTHER PROVISION OF LAW.
(E) "SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT" MEANS A NON-FEDERAL-
LY FUNDED, UNLESS AUTHORIZED BY THE APPLICABLE FEDERAL FUNDING AGENCY,
CONTRACT DESIGNATED BY THE AUTHORITY, IN AN ESTIMATED AMOUNT OF NOT MORE
THAN ONE MILLION FIVE HUNDRED THOUSAND DOLLARS FOR CONTRACTS UNDER
SUBPARAGRAPH (I) OF PARAGRAPH (D) OF THIS SUBDIVISION AND FIVE MILLION
DOLLARS FOR CONTRACTS UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D) OF THIS
SUBDIVISION, FOR WHICH BIDS OR PROPOSALS ARE TO BE INVITED AND ACCEPTED
ONLY FROM BUSINESSES THAT ARE ENROLLED IN THE SMALL BUSINESS DEVELOPMENT
PROGRAM AND HAVE BEEN SELECTED BY THE AUTHORITY TO COMPETE FOR THE
CONTRACT.
2. (A) PURSUANT TO THIS SECTION, THE AUTHORITY MAY ESTABLISH A SMALL
BUSINESS DEVELOPMENT PROGRAM. IN CONNECTION THEREWITH, THE AUTHORITY MAY
DETERMINE THE CRITERIA PURSUANT TO WHICH A SMALL BUSINESS SHALL BE
ELIGIBLE FOR AND SELECTED TO PARTICIPATE IN THE PROGRAM UNDER SUBPARA-
GRAPHS (I) AND (II) OF PARAGRAPH (D) OF SUBDIVISION ONE OF THIS SECTION,
THE NUMBER OF PARTICIPANTS TO PARTICIPATE IN EACH OF SUCH COMPONENTS OF
THE PROGRAM, AND THE CRITERIA FOR THE COMPETITIVE SELECTION OF THE FIRMS
THAT WILL PROVIDE SMALL BUSINESSES WITH CAPACITY BUILDING DEVELOPMENT
SERVICES.
(B) UNDER THE SMALL BUSINESS DEVELOPMENT PROGRAM, THE CHAIRPERSON OR
SUCH CHAIRPERSON'S DESIGNEE IS AUTHORIZED, NOTWITHSTANDING ANY OTHER
PROVISION OF LAW:
(I) TO DESIGNATE WHICH ELIGIBLE CONTRACTS SHALL BE SMALL BUSINESS
DEVELOPMENT PROGRAM CONTRACTS UNDER SUBPARAGRAPHS (I) AND (II) OF PARA-
GRAPH (D) OF SUBDIVISION ONE OF THIS SECTION;
(II) TO ESTABLISH STANDARDS FOR QUALIFYING SMALL BUSINESS DEVELOPMENT
PROGRAM PARTICIPANTS TO COMPETE FOR A SMALL BUSINESS DEVELOPMENT PROGRAM
CONTRACT, PROVIDED THAT NO LESS THAN THREE QUALIFIED SMALL BUSINESSES IN
THE PROGRAM MUST BE SOLICITED TO PERFORM THE CONTRACT;
(III) TO DETERMINE WHEN BIDS OR PROPOSALS FOR A SMALL BUSINESS DEVEL-
OPMENT PROGRAM CONTRACT SHOULD BE RESTRICTED TO SMALL BUSINESS DEVELOP-
MENT PROGRAM PARTICIPANTS WHICH, PRIOR TO THE RECEIPT OF BIDS OR
PROPOSALS, HAVE BEEN QUALIFIED BY THE AUTHORITY FOR SUCH COMPETITION;
(IV) TO WAIVE REQUIREMENTS FOR THE SOLICITATION AND AWARD FOR SMALL
BUSINESS DEVELOPMENT PROGRAM CONTRACTS, EXCEPT AS SET FORTH IN THIS
SECTION, PURSUANT TO SECTIONS TWELVE HUNDRED NINE, TWELVE HUNDRED
SIXTY-FIVE-A AND TWENTY-EIGHT HUNDRED SEVENTY-NINE OF THIS CHAPTER AND
ANY OTHER PROVISION OF LAW;
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(V) TO ASSIST SMALL BUSINESS DEVELOPMENT PROGRAM PARTICIPANTS THAT
HAVE BEEN AWARDED SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACTS TO OBTAIN
ANY SURETY BOND OR CONTRACT OF INSURANCE REQUIRED OF THEM IN CONNECTION
WITH SUCH CONTRACT NOTWITHSTANDING ANY PROVISION OF SECTION TWO THOUSAND
FIVE HUNDRED FOUR OF THE INSURANCE LAW TO THE CONTRARY; AND
(VI) FOR SMALL BUSINESSES THAT HAVE BEEN ACCEPTED INTO THE SMALL BUSI-
NESS DEVELOPMENT PROGRAM UNDER SUBPARAGRAPH (II) OF PARAGRAPH (D) OF
SUBDIVISION ONE OF THIS SECTION, TO PROVIDE TECHNICAL ASSISTANCE IN
OBTAINING BID, PAYMENT, AND PERFORMANCE BONDING FOR AUTHORITY CONTRACTS
THAT ARE NOT SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACTS, WHERE THE
SMALL BUSINESS IS OTHERWISE QUALIFIED FOR SUCH CONTRACT, AND NOTWITH-
STANDING ANY OTHER PROVISION OF LAW.
3. (A) IF THE TOTAL NUMBER OF QUALIFIED SMALL BUSINESS DEVELOPMENT
PROGRAM PARTICIPANTS THAT RESPOND TO A COMPETITION AND ARE CONSIDERED
CAPABLE OF MEETING THE SPECIFICATIONS AND TERMS OF THE INVITATION TO
COMPETE IS LESS THAN THREE, OR IF THE CHAIRPERSON OR THE CHAIRPERSON'S
DESIGNEE DETERMINES THAT ACCEPTANCE OF THE BEST OFFER WILL RESULT IN THE
PAYMENT OF AN UNREASONABLE PRICE, THE AUTHORITY MAY REJECT ALL OFFERS
AND WITHDRAW THE DESIGNATION OF SUCH CONTRACT AS A SMALL BUSINESS DEVEL-
OPMENT PROGRAM CONTRACT.
(B) IF THE AUTHORITY WITHDRAWS THE DESIGNATION OF A CONTRACT AS A
SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT, THE FIRMS, IF ANY, THAT
MADE OFFERS SHALL BE NOTIFIED. INVITATIONS TO COMPETE CONTAINING THE
SAME OR REWRITTEN SPECIFICATIONS AND TERMS SHALL THEN BE REISSUED AS A
SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT FOR ONE OR MORE ADDITIONAL
CONTRACT PERIODS.
4. A PROGRAM PROVIDER SHALL PROVIDE SERVICES AND ASSISTANCE TO A SMALL
BUSINESS AS DESIGNATED BY THE AUTHORITY, WHICH MAY INCLUDE THE FOLLOW-
ING:
(A) BUSINESS TRAINING IN THE SKILLS NECESSARY TO OPERATE A SUCCESSFUL
BUSINESS AND TO COMPETE FOR AND PERFORM A CONTRACT;
(B) TECHNICAL ASSISTANCE TO SUCH SMALL BUSINESS TO ASSESS SUCH OUTCOME
IF THE SMALL BUSINESS COMPETES FOR BUT IS NOT AWARDED A CONTRACT;
(C) IF THE SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT IS AWARDED TO
SUCH SMALL BUSINESS, GUIDANCE, ADVICE, AND TECHNICAL ASSISTANCE TO SUCH
SMALL BUSINESS IN THE PERFORMANCE OF THE CONTRACT; AND
(D) OTHER TECHNICAL ASSISTANCE TO SUCH SMALL BUSINESS TO FACILITATE
LEARNING, TRAINING AND OTHER ISSUES WHICH MAY ARISE.
5. THE AUTHORITY MAY DELEGATE TO THE CHAIRPERSON OR SUCH CHAIRPERSON'S
DESIGNEE, THE AUTHORITY'S RESPONSIBILITIES SET FORTH IN THIS SECTION.
6. THE SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACTS AUTHORIZED BY THIS
SECTION SHALL, FOR THE INITIAL YEAR OF THE PROGRAM, BE IN AN AGGREGATE
AMOUNT OF NOT LESS THAN TEN MILLION DOLLARS, AND SHALL NOT EXCEED ONE
HUNDRED MILLION DOLLARS, WITH THE MAXIMUM AMOUNT IN FUTURE YEARS TO BE
SET BY THE CHAIRPERSON.
7. THE AUTHORITY SHALL SUBMIT A REPORT, NO LATER THAN SEPTEMBER THIR-
TIETH, TWO THOUSAND TWENTY-FIVE, AND ANNUALLY THEREAFTER, TO THE GOVER-
NOR, THE TEMPORARY PRESIDENT OF THE SENATE, AND THE SPEAKER OF THE
ASSEMBLY REGARDING PROCUREMENTS MADE PURSUANT TO THIS SECTION. SUCH
REPORT SHALL INCLUDE A DESCRIPTION OF EACH PROCUREMENT MADE PURSUANT TO
THIS SECTION AND THE RATIONALE FOR WHY THE CONTRACT WAS SELECTED AS A
SMALL BUSINESS DEVELOPMENT PROGRAM CONTRACT, INFORMATION REGARDING THE
PROCUREMENT PROCESS FOR EACH SUCH SMALL BUSINESS DEVELOPMENT PROGRAM
CONTRACT AND THE NAME OR NAMES OF THE SMALL BUSINESSES THAT FULFILLED
SUCH CONTRACT, THE PROJECT IDENTIFICATION NUMBER AND A DESCRIPTION FOR
EACH SUCH PROJECT PERFORMED PURSUANT TO THE CONTRACT, THE CONTRACTUAL
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COMPLETION DATE FOR EACH CONTRACT, THE STATUS OF EACH SUCH PROJECT, THE
CONTRACT PRICE, INCLUDING EXECUTED MODIFICATIONS, WHETHER A PROJECT
RECEIVED SURETY BOND OR INSURANCE CONTRACT ASSISTANCE PURSUANT TO
SUBPARAGRAPH (VI) OF PARAGRAPH (B) OF SUBDIVISION TWO OF THIS SECTION,
THE TOTAL DOLLAR VALUE OF MONIES PAID TO MINORITY-OWNED AND WOMEN-OWNED
BUSINESS ENTERPRISES AND SERVICE-DISABLED VETERAN-OWNED BUSINESS ENTER-
PRISES PURSUANT TO THIS SECTION ITEMIZED BY YEAR AND INCLUDING THE TOTAL
DOLLAR VALUES FOR THE FIVE YEARS PRECEDING THE RESPECTIVE ANNUAL
REPORT'S RELEASE DATE. SUCH REPORT SHALL ADDITIONALLY IDENTIFY THE
AUTHORITY-PROVIDED PROGRAM PROVIDERS AND DESCRIBE THEIR COMPETITIVE
SELECTION PROCESS, DESCRIBE THE TECHNICAL ASSISTANCE AND ADVICE PROVIDED
BY THE AUTHORITY AND THE MENTORS TO PROGRAM PARTICIPANTS, AND DESCRIBE
THE BUSINESS TRAINING PROVIDED BY SUCH PROVIDERS. FOR ANNUAL REPORTS,
ANY NEW PROCUREMENTS AND CHANGES DURING THE PERIOD COVERED BY THE REPORT
SHALL BE IDENTIFIED SEPARATELY.
§ 2. This act shall take effect immediately and shall expire December
31, 2029, when upon such date the provisions of this act shall be deemed
repealed.