S T A T E O F N E W Y O R K
________________________________________________________________________
7300--A
2025-2026 Regular Sessions
I N A S S E M B L Y
March 25, 2025
___________
Introduced by M. of A. BICHOTTE HERMELYN, LUNSFORD -- read once and
referred to the Committee on Governmental Operations -- recommitted to
the Committee on Governmental Operations in accordance with Assembly
Rule 3, sec. 2 -- committee discharged, bill amended, ordered
reprinted as amended and recommitted to said committee
AN ACT to amend the executive law, the state finance law and the public
authorities law, in relation to establishing expanded construction
mentorship opportunities for small business enterprises
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Paragraph (e) of subdivision 4 of section 311 of the execu-
tive law, as added by chapter 96 of the laws of 2019, is amended to read
as follows:
(e) identify and establish mentorship opportunities and other business
development programs to increase capacity and better prepare MWBEs for
bidding on contracts with state agencies upon successful completion of
the mentorship opportunity. Such mentorship opportunities shall be
intended to ensure that mentor and mentee are connected based on a
commercially useful function. MENTORSHIP OPPORTUNITIES SHALL ALSO BE
IDENTIFIED AND ESTABLISHED IN INSTANCES WHERE THERE IS PRIVITY OF
CONTRACT BETWEEN A SMALL BUSINESS ENTERPRISE AND A SUBCONTRACTOR OR
CONTRACTOR WORKING ON A STATE CONTRACT.
§ 2. Subdivision 2-a of section 313 of the executive law is amended by
adding a new paragraph (k) to read as follows:
(K) ENCOURAGE MENTOR-PROTEGE RELATIONSHIPS AS DEFINED IN SECTION ONE
HUNDRED FORTY-SEVEN OF THE STATE FINANCE LAW, BETWEEN A SMALL BUSINESS
ENTERPRISE AND A STATE AGENCY WHERE THERE IS PRIVITY OF CONTRACT BETWEEN
A SMALL BUSINESS ENTERPRISE AND A SUBCONTRACTOR OR CONTRACTOR WORKING ON
A STATE CONTRACT.
§ 3. Paragraph 1 of section 147 of the state finance law, as added by
chapter 360 of the laws of 2009, is amended to read as follows:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD11180-02-6
A. 7300--A 2
1. In every state agency, department and authority which has let more
than ten million dollars in service and construction contracts in the
prior fiscal year, the chief executive officer of that agency, depart-
ment or authority shall develop a mentor-protege program to foster long-
term relationships between STATE AGENCIES, approved mentor firms, and
small business concerns [and minority and women-owned businesses] certi-
fied pursuant to article fifteen-A of the executive law, in order to
enhance the capabilities of small [and minority and women-owned] busi-
ness concerns, improve their success in contracting with the state or
receiving subcontracts under a state contract, and to create sources of
reliable contractors and subcontractors ready to perform larger jobs and
responsibilities. Participation in the program shall be voluntary for
both the mentor firm and the protege firm. SUCH MENTOR-PROTEGE PROGRAMS
SHALL BE ESTABLISHED IN INSTANCES WHERE THERE IS PRIVITY OF CONTRACT
BETWEEN A SMALL BUSINESS ENTERPRISE AND A SUBCONTRACTOR OR CONTRACTOR
WORKING ON A STATE CONTRACT.
§ 4. Subparagraphs (vi) and (vii) of paragraph (b) of subdivision 2 of
section 1265-b of the public authorities law, as added by chapter 206 of
the laws of 2010, are amended and a new subparagraph (viii) is added to
read as follows:
(vi) to assist only small business mentoring program participants that
have been awarded small business mentoring program contracts to obtain
any surety bond or contract of insurance required of them in connection
with such contract only notwithstanding any provision of section two
thousand five hundred four of the insurance law to the contrary; [and]
(vii) for small businesses that have been accepted into the small
business mentoring program under subparagraph (ii) of paragraph (d) of
subdivision one of this section, in addition to the benefits of such
program and notwithstanding any other provision of law, to provide tech-
nical assistance in obtaining bid, payment and performance bonding for
authority public work contracts that are not small business mentoring
program contracts, for which the small business is otherwise quali-
fied[.]; AND
(VIII) TO FURTHER ESTABLISH SMALL BUSINESS MENTORING PROGRAMS BETWEEN
THE AGENCY AND A SMALL BUSINESS ENTERPRISE IN INSTANCES WHERE THERE IS
PRIVITY OF CONTRACT BETWEEN A SMALL BUSINESS ENTERPRISE AND A SUBCON-
TRACTOR OR CONTRACTOR WORKING ON AN AUTHORITY PUBLIC WORKS CONTRACT.
§ 5. This act shall take effect immediately; provided, however that
the amendments to:
(a) sections 311 and 313 of the executive law made by sections one and
two of this act shall not affect the repeal of such sections and shall
expire and be deemed repealed therewith;
(b) paragraph (b) of subdivision 2 of section 1265-b of the public
authorities law made by section four of this act shall not affect the
repeal of such section and shall be deemed repealed therewith.